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Contract 48128
CITY SECRETAIMr CONTRACT NO._` alol� �6 1�i2 9���Og� AGREEMENT FOR DESIGN-BUILD SERVICES CS For SIXTH PATROL DIVISION FACILITY THIS AGREEMENT FOR DESIGN-BUILD SERVICES which INCLUDES DESIGN AND CONSTRUCTION SERVICES ("Agreement"), is made and entered into by and between the CITY of Fort Worth, a Texas municipality, ("CITY") and FPI Builders, LLC, a legal entity existing under the laws of the State of Texas, ("DESIGN-BUILDER"). CITY and DESIGN-BUILDER may be referred to herein as a "Party" or the "Parties". WHEREAS, CITY desires to procure Design-Build services from DESIGN-BUILDER, which consists of Design and Construction Services, and DESIGN-BUILDER, selected by CITY through a competitive procurement process, possesses broad experience, knowledge and technical resources to provide such services related to the design, permitting, construction and construction management for the Sixth Patrol Division Facility(the "Project"); and WHEREAS, FPI Builders, LLC; GFF Architecture, Inc.; Baird, Hampton & Brown, Inc.; R.L. Woods & Associates, LLC; and Westbrook Development Corporation ("Design- Build Team) is the group of entities who bid on the Project; and WHEREAS, DESIGN-BUILDER is the contracting entity of the Design-Build Team; and WHEREAS, DESIGN-BUILDER shall be liable for all services performed by the Design- Build Team under this Agreement; and WHEREAS, legal title to the property offered by the Design-Build Team for the Project has been transferred to the City by separate agreement and Westbrook Development Corporation has been fully compensated for causing legal title to the property to be transferred to the City; and WHEREAS, the DESIGN-BUILDER is willing and able to undertake and provide the Design and Construction services and to be responsible for the overall completion of the Project, as described in Attachment A, with a Construction Budget of seven million five hundred thousand dollars ($7,500,000.00), upon the terms, covenants, recitals, and conditions hereinafter set forth; and WHEREAS, DESIGN-BUILDER agrees to provide Design and Construction services as defined in Attachment A and as further set forth in the written proposals to CITY from DESIGN-BUILDER, dated the 3rd day of December, 2015, and the 19th day of January, 2016, attached hereto as Attachment B; and WHEREAS, the DESIGN-BUILDER agrees to be bound by and incorporate into its construction phase contracts, the CITY's General Conditions of the Contract for Facility Design-Build—Sixth Patrol Division OFFICIAL RECORD Page 1 of 13 CITY SECRETARY 1�T WORTif TX Construction (Design-Build) (the "General Conditions"), attached hereto as Attachment C; and WHEREAS, capitalized terms not specifically defined herein shall have the meaning associated with those capitalized/defined terms as found in the General Conditions. Conflicting definitions shall be harmonized to obtain a meaning consistent with the intent of the Agreement and the Project's scope. NOW THEREFORE, for and in consideration of these recitals, compensation by CITY for the services to be rendered by DESIGN-BUILDER, and the covenants and promises to be carried out by each Party, the CITY and DESIGN-BUILDER hereby agree to perform the services described herein upon the terms and conditions set forth herein and any Attachments and Exhibits hereto, which are hereby incorporated. ARTICLE 1 — SERVICES A. DESIGN-BUILDER agrees to furnish all Design and Construction Services, as described in Attachments A and B. Notwithstanding any other terms of the Contract Documents, DESIGN-BUILDER shall have no obligation to furnish any Design or Construction Services in the Land Cost section of the Proposal Forms in Attachment B, all such Design or Construction Services being expressly excluded from DESIGN- BUILDER's scope of work. Legal title to the land offered by the Design-Build Team for the Project has transferred to the City by separate agreement and Westbrook Development Corporation has been fully compensated for causing legal title to the property to be transferred to the City; B. The Design Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the CITY to DESIGN-BUILDER and shall include development of a Guaranteed Maximum Price. DESIGN-BUILDER may initiate Construction phase early works packages, such as for utility relocations, prior to final development of the GMP. Costs of early works packages shall be included in the GMP. 1. The DESIGN-BUILDER shall prepare schematic design Drawings in sufficient detail and scope to clearly identify all major features of the Project. The CITY must accept, in writing, the Drawings prior to DESIGN-BUILDER commencing detailed design work resulting in final Construction Documents. 2. Pursuant to a mutually agreeable schedule, the DESIGN-BUILDER shall submit for the CITY'S approval revised Construction Documents reflecting any changes proposed by the CITY and accepted by the DESIGN-BUILDER prior to the submission of the final Construction Documents to the CITY. C. DESIGN-BUILDER agrees to furnish all Design and Construction Services, as described in Attachments B and C, for the amount of the GMP, as hereinafter described, abiding by this Agreement and its Amendments and Attachments, to also include the Construction Documents created to effect the Work on the Project. Design-Build—Sixth Patrol Division Page 2 of 13 D. The Construction Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the CITY to DESIGN- BUILDER. E. The DESIGN-BUILDER shall be responsible for obtaining and paying for any necessary temporary construction easements or permission from adjacent landowners to allow DESIGN-BUILDER to perform the Work. F. The DESIGN-BUILDER shall provide final Construction Documents at the conclusion of the Project, at a minimum, the "as-built" or record set of construction documents for the Project in digital format. G. DESIGN-BUILDER also warrants to CITY that all materials and equipment furnished under this Agreement will be furnished and installed in conformance with the Construction Documents. ARTICLE 2 — COMPENSATION A. DESIGN-BUILDER'S compensation for providing Design-Build Services shall be: (i) the Cost of the Design Services; plus (ii) the Design-Builder's Fee on the Cost of the Design Services of 1.86%; plus (iii) the actual Cost of the Construction Work; plus (iv) Design Builder's Fee on Construction Services of 3.24% of the Cost of the Construction Work. Once a GMP is established, DESIGN-BUILDER'S compensation, as set forth in (i) through (iv) of this subsection, shall be made an amendment to this Agreement. In no event shall City be required to compensate Design-Builder for any costs that collectively exceed the GMP, except where the City issues Changes in the Work under Article 5 and provides appropriate funding therefor. B. CITY may, by giving written notice at any time before the end of the Design Services phase, elect to terminate this Agreement should a GMP not be successfully negotiated or if the GMP, in the CITY's reasonable estimation, exceeds or would exceed the CITY's Estimated Construction Budget. If either event shall occur, DESIGN-BUILDER shall be paid for Work performed up to the date of termination in accordance with this Agreement. ARTICLE 3 — PAYMENT Payment by CITY to DESIGN-BUILDER is to be made as follows: A. DESIGN-BUILDER shall submit no more frequently than monthly an Application for Payment for Design Phase Services describing the work performed during the preceding month. The CITY shall make payment to DESIGN-BUILDER pursuant to Section H of the General Conditions. Pre-Construction Phase Services shall not include any amount for the transfer of legal title to the property described in Attachment B to the CITY. Design-Build—Sixth Patrol Division Page 3 of 13 B. DESIGN-BUILDER shall submit monthly an Application for Payment for Construction Phase Services describing the Work performed during the preceding month. The CITY shall make payment to DESIGN-BUILDER pursuant to Section H of the General Conditions, less 5% retainage. DESIGN-BUILDER's Fee shall be shown as a line item in the Application for Payment. ARTICLE 4 — GUARANTEED MAXIMUM PRICE A. The Guaranteed Maximum Price proposal for Construction of the Project shall be presented to the CITY simultaneously with the completion of the final Construction Documents or as otherwise mutually agreed. B. Elements to be considered in the GMP include but are not limited to: 1. DESIGN-BUILDER'S Fees 2. Other Costs (overhead, Insurance and Bonding costs, etc.) as may be presented in the cost proposal 3. Design fees and costs (Open Book) 4. Reimbursable Expenses for Design Services 5. Construction Subcontract Costs (Actual contracts) (Open Book) 6. Allowance and Contingency Amounts C. After submission of the GMP Proposal, DESIGN-BUILDER and CITY shall meet to discuss and review the Design Documents and the GMP Proposal in an effort to negotiate a final GMP. D. When established and accepted by CITY in writing, the GMP shall be memorialized and incorporated as an amendment to this Agreement. E. If CITY rejects the GMP proposal, CITY and DESIGN-BUILDER shall meet and confer as to how the Project may proceed. ARTICLE 5 — CHANGES IN THE WORK The CITY, during either phase of services and without invalidating this Agreement, may order changes in the design of the Project and/or the Work consisting of additions, deletions or other revisions, and, where necessary, the GMP and the Contract Time shall be adjusted accordingly. All such changes in the Work necessitating a change to the GMP or the Contract Time shall be authorized by a Change Order. ARTICLE 6 — CONTRACT TIME AND LIQUIDATED DAMAGES Contract Time shall not be longer than as indicated in Attachment A except as modified by DESIGN-BUILDER in Attachment B and memorialized in the Project Schedule when developed by DESIGN-BUILDER and presented to CITY. DESIGN- BUILDER will perform the required services in a timely manner and comply with the Project Schedule and any minor adjustments as reasonably requested by CITY. In the event delays to the Project are encountered for any reason, CITY and the DESIGN- BUILDER agree to undertake reasonable efforts to mitigate the effects of such delays. Design-Build—Sixth Patrol Division Page 4 of 13 Major changes to the Project Schedule shall be negotiated and if so agreed upon, memorialized by a Change Order. Unless causes beyond the DESIGN-BUILDER'S control delay final completion, the DESIGN-BUILDER shall achieve final completion of the Work, including all punch list items, within sixty (60) days from the date of Substantial Completion. DESIGN-BUILDER recognizes that time is of the essence to this Agreement and that CITY will suffer financial loss if the Work is not completed within the Contract Time, plus any mutually agreed extension thereof. DESIGN-BUILDER recognizes the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the Work is not completed on time and, instead of requiring any such proof, DESIGN-BUILDER agrees that Liquidated Damages, not as a penalty but as just compensation, shall be $980.00 for each day that expires after the expiration of the Contract Time-until such time as notice of Substantial Completion of the Project is issued by the CITY in writing. ARTICLE 7 — MBE/SBE The DESIGN-BUILDER must comply with its SBE Plan submitted in its RFP and meet an SBE participation goal of 15% for the Design Phase Services for this Project. DESIGN-BUILDER must meet the MBE goal of 20% during construction phase services to meet a minimum qualification for self-performing any or"all of the construction phase services. The DESIGN-BUILDER commits to 15% SBE participation for the Design Phase Services and commits to 20% MBE participation for the Construction Phase Services of this Project. ARTICLE 8 — GENERAL TERMS A. , PROFESSIONAL STANDARDS. The standard of.care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. The DESIGN-BUILDER shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, design, pre-construction, construction and other services and materials furnished by or through DESIGN-BUILDER under this Agreement. Qualified, licensed design professionals employed by the DESIGN- BUILDER or procured from qualified, independent licensed design consultants shall prepare the Construction Documents. This Agreement does not establish or create any legal or contractual obligations between the CITY and the design professionals employed by the Design-Builder, and the design professionals shall not be deemed to be a third party beneficiaries under this Agreement. B. MUTUAL OBLIGATIONS. DESIGN-BUILDER and CITY agree to fully cooperate with each other in providing to each other information available, and in facilitating the Work within the scope of this Agreement. CITY shall, throughout the performance of the Construction Work, cooperate with DESIGN-BUILDER and perform its Design-Build—Sixth Patrol Division Page 5 of 13 Major changes to the Project Schedule shall be negotiated and if so agreed upon, memorialized by a Change Order. Unless causes beyond the DESIGN-BUILDER'S control delay final completion, the DESIGN-BUILDER shall achieve final completion of the Work, including all punch list items, within sixty (60) days from the date of Substantial Completion. DESIGN-BUILDER recognizes that time is of the essence to this Agreement and that CITY will suffer financial loss if the Work is not completed within the Contract Time, plus any mutually agreed extension thereof. DESIGN-BUILDER recognizes the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the CITY if the Work is not completed on time and, instead of requiring any such proof, DESIGN-BUILDER agrees that Liquidated Damages, not as a penalty but as just compensation, shall be $980.00 for each day that expires after the expiration of the Contract Time until such time as notice of Substantial Completion of the Project is issued by the CITY in writing. ARTICLE 7— MBE/SBE The DESIGN-BUILDER must comply with its SBE Plan submitted in its RFP and meet an SBE participation goal of 15% for the Design Phase Services for this Project. DESIGN-BUILDER must meet the MBE goal of 20% during construction phase services to meet a minimum qualification for self-performing any or all of the construction phase services. The DESIGN-BUILDER commits to 15% SBE participation for the Design Phase Services and commits to 20% MBE participation for the Construction Phase Services of this Project. ARTICLE 8 — GENERAL TERMS A. , PROFESSIONAL STANDARDS. The standard of.care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. The DESIGN-BUILDER shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, design, pre-construction, construction and other services and materials furnished by or through DESIGN-BUILDER under this Agreement. Qualified, licensed design professionals employed by the DESIGN- BUILDER or procured from qualified, independent licensed design consultants shall prepare the Construction Documents. This Agreement does not establish or create any legal or contractual obligations between the CITY and the design professionals employed by the Design-Builder, and the design professionals shall not be deemed to be a third party beneficiaries under this Agreement. B. MUTUAL OBLIGATIONS. DESIGN-BUILDER and CITY agree to fully cooperate with each other in providing to each other information available, and in facilitating the Work within the scope of this Agreement. CITY shall, throughout the performance of the Construction Work, cooperate with DESIGN-BUILDER and perform its Design-Build—Sixth Patrol Division Page 5 of 13 responsibilities, obligations and services in a timely manner so as not to delay or interfere with DESIGN-BUILDER'S timely and efficient performance of its obligations under the Contract Documents. The CITY shall cooperate and provide reasonable assistance to the DESIGN-BUILDER in obtaining the permits, approvals, and licenses that are DESIGN-BUILDER'S responsibility to obtain. C. GENERAL CONDITIONS. Attachment C contains the CITY's General Conditions applicable to this Project. DESIGN-BUILDER is expected to have reviewed and hereby agrees to comply with said General Conditions, including providing a copy to any contractors or subcontractors, as applicable. D. PROJECT PROGRESS. DESIGN-BUILDER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion. E. ASSIGNMENTS. DESIGN-BUILDER shall not assign its interest in this Agreement without the written consent of the CITY. DESIGN-BUILDER may enter into subcontracts with respect to the services required by this Agreement but shall remain fully responsible to the CITY in connection therewith. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. F. PERSONNEL. DESIGN-BUILDER, an Equal Opportunity Employer, (including any agents, employees, subcontractors, successors and assigns of DESIGN- BUILDER), now has or will secure at its own expense, personnel required to perform the services under this Agreement. Such personnel are not employees of, nor have any contractual relationship with the CITY. DESIGN-BUILDER acknowledges responsibility for all federal, state, and local requirements for employers that apply to DESIGN-BUILDER. G. EXTENT OF AGREEMENT/NO THIRD PARTY RIGHTS. The CITY and DESIGN-BUILDER agree that this Agreement represents the entire and integrated Agreement between them and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is solely and exclusively for the benefit of the CITY and DESIGN-BUILDER and not for the benefit of any third party. The CITY and DESIGN-BUILDER agree that there are no third-party beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to the other party to the Agreement and are not intended to create any rights, contractual or otherwise, to any other person or entity. The doctrine of respondeat superior shall not apply. H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs, drawings, specifications, documents, and other work products of the DESIGN- BUILDER whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by CITY or by others acting through or on behalf of CITY of any such instruments of service without the written permission of the DESIGN-BUILDER will be at the CITY'S Design-Build—Sixth Patrol Division Page 6 of 13 sole risk. After the CITY's payment for the same, the CITY shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. I. INSURANCE. DESIGN-BUILDER shall, during the performance of the Agreement, keep in force insurance as described in Section J of the General Conditions. J. TERMINATION. This Agreement may be terminated as provided for by Article 2, Section B of this Agreement or as otherwise provided by the General Conditions. K. COST ESTIMATES. DESIGN-BUILDER's opinions of probable cost are to be made on the basis of DESIGN-BUILDER's experience and qualifications and represent DESIGN-BUILDER's reasonable judgment as a qualified professional familiar with the industry. L. INDEMNIFICATION. DESIGN-BUILDER COVENANTS THAT IT HAS READ AND UNDERSTANDS THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS. M. SURETY BONDS. The DESIGN-BUILDER shall furnish the required performance, payment and maintenance bonds as provided by the General Conditions. N. EXTRA SERVICES. In the event of any legal proceedings or other claims requiring services of DESIGN-BUILDER in providing expert testimony on behalf of the CITY in connection with the Project, except suits or claims by a third party against the CITY arising out of alleged errors or omissions of Engineer or DESIGN- BUILDER, the CITY shall provide additional compensation to DESIGN-BUILDER based on actual cost. ARTICLE 9 —THE CITY'S RESPONSIBILITIES The CITY shall: A. Designate a Project Representative to act as its representative with respect to the services to be rendered under this Agreement. Such Project Representative will have complete authority to transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to DESIGN-BUILDER's services. B. Provide timely reviews of studies, reports, sketches, estimates, and other documents presented by DESIGN-BUILDER consistent with CITY'S normal business practices. C. The CITY shall secure and execute all necessary permanent easements and agreements with adjacent land or property owners that are necessary for the Project. CITY is further responsible for all costs, including attorneys' fees, incurred in securing these necessary permanent easements and agreements. CITY is Design-Build—Sixth Patrol Division Page 7 of 13 responsible for securing all zoning approvals required for the Project for the construction to proceed without delay. ARTICLE 10 — AMENDMENTS This Agreement may only be amended in writing and agreed to by both Parties. ARTICLE 11 — EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and DESIGN-BUILDER with respect to the subject matter of this Agreement and supersedes all prior understandings, negotiations, representations or agreements, either written or oral contracts between CITY and DESIGN-BUILDER respecting this Project. This Agreement will be binding upon and inure to the benefit of CITY and DESIGN-BUILDER and their respective successors and assigns. ARTICLE 12 — GOVERNING LAW & JURISDICTION Except as provided for in the General Conditions, C-12, arbitration will not be allowed on this Project. The terms of the Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Texas, without regard to its conflict of law provisions. DESIGN-BUILDER hereby submits to the jurisdiction of the Texas courts and will obtain and maintain an agent for service of process in the State of Texas. Neither party will bring any action against the other party arising out of or relating to this Agreement in any forum or venue except in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. DESIGN-BUILDER irrevocably waives any present or future objections to such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. ARTICLE 13 — SEVERABILITY It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either DESIGN-BUILDER or CITY in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. ARTICLE 14 —WAIVER. The waiver by the CITY of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. The waiver by the DESIGN-BUILDER of any default or breach of a term, covenant or condition of the Agreement shall not be Design-Build—Sixth Patrol Division Page 8 of 13 deemed to be a waiver of any other breach of that term, covenant or condition of this Agreement, regardless of when the breach occurred. ARTICLE 15 — CONFLICT IN TERMS. In the event there is a conflict between the terms of this Agreement, and any other Contract Document, the terms of this Agreement shall control over the other Contract Documents. ARTICLE 16 — HEADINGS. The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. ARTICLE 17— NOTICE. All notices required herein shall be addressed to CITY as follows: Brian R. Glass, AIA Architectural Services Manager 401 West 13'h Street Fort Worth, Texas 76102 (817) 392-8088 Brian.Glass @FortWorthTexas.Gov Richard A. McCracken Assistant City Attorney 1000 Throckmorton Street Fort Worth, TX 76102 (817) 392-7611 Richard.McCracken @fortworthtexas.gov All notices to DESIGN-BUILDER shall be addressed as follows: Kevin Drake Manager 2116 Wenneca Avenue Fort Worth, Texas 76102-4324 (817) 336-1161 kevin @fpibuilders.com Design-Build—Sixth Patrol Division Page 9 of 13 Executed and effective as of the date executed by the designated City Manager in three counterparts, each of which may be deemed an original. DESIGN-BUILDER CITY OF FORT WORTH: FPI Builders, LLC By: IL--,4 . By: Kevin S. Drake Jesus J. Chapa Manager Assistant City Manager Date: 7 Z� ZO�� Date: ���6 `'/6 By CITY: Approved as to Form and Legality Approval Recommended: Richard A. McCracken fvt*/,�e Steve Cooke, D' ector Assistant City Attorney Property Management Department OF M&C: ATTEST: `,�� °°°°° ®��► Date: I 19 �-ol tp I M Form 1295 Certification a J r No. 20 t{o-37g2S City Secretary S OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Design-Build —Sixth Patrol Division Page 10 of 13 ATTACHMENT A Pre-Construction and Construction Services Scope of Work Design-Build—Sixth Patrol Division Page 11 of 13 ATTACHMENT "A" General Scope of Services Sixth Patrol Division The General Scope of Services to be provided by the Design-Builder shall include the design and construction of the City of Fort Worth's new Sixth Patrol Division Facility. The Design-Builder will work with the City to develop a detailed program, schedule and budget to accomplish the work within the established budget of$7,500,000.00 and will establish a Guaranteed Maximum Price. The facility is anticipated to be approximately 23,000 square feet in size and located on approximately 12.1 acres of land owned by the City of Fort Worth 8795 Old Denton Road. The services should include but not be limited to: • Complete architectural and engineering designs delivered in phases appropriate to the Deign-Build process and schedule as mutually agreed by the City and Design-Builder. • Consult with the City to clarify and define the City's requirements relative to the Project and review all available data. • Become familiar with the City's document"Facilities Division DESIGN GUIDELINES for New and Existing Facilities" and incorporate into the project. • Designs will conform to relevant local, state and national building codes, ordinances and regulations. The City of Fort Worth is anticipated to adopt the 2015 International Building Code (IBC) in 2017. Projects submitted for building permits after the adoption will be subject to the requirements of the 2015 IBC. • Prepare a final written program defining the project goals, program, architectural concepts, site and floor plans, principal equipment, finishes, etc. and cost estimates. • All services necessary to complete the design and secure a construction permit, including all necessary survey, geotechnical testing, plat, prepare and vacate easements and address any other property issues, such as rezoning or platting. Existing two parcels may require re-platted into two differently configured new parcels. • The Design-Builder shall prepare presentation graphics (Plans, elevations, etc.) and present at two City meetings (if required). • Preparation of details, architectural civil, structural, mechanical, electrical, and plumbing plans, finish schedules, detailed technical specification, as required. • The Design-Builder shall provide such services as may be necessary for the building permits to be issued. The City shall pay any fees for such building permits. The contractor shall apply for and maintain all building permits. The cost of renewing expired permits shall be paid for by the Design-Builder. • The Design-Builder will conduct bidding, sub-contracting and MBE outreach. • The Design-Builder will provide documentation for a Guaranteed Maximum Price. 1 Sixth Patrol Division Facility (July 2016) Attachment "A" Program • The Design-Builder shall provide all material, labor, and equipment to complete the project. • The Design-Builder shall provide submittals and shop drawings to the City for review and approval. • The Design-Builder shall be responsible for coordinating all materials testing with the City's designated contractor. • The Design-Builder shall schedule all inspections and obtain a Certificate of Occupancy for the project. • The Design-Builder shall provide PDFs of all drawings and CAD files of all drawings suitable for us on AutoCAD LT 2010 format or such other format as approved by the City. • The Design-Builder shall engage a consultant to prepare "Elimination of Architectural Barriers Registration" and submit the application to the Texas Department of Licensing and Registration (TDLR). The Design-Builder (if required) will pay all fees required for TDLR reviews and inspections. All designs shall be in conformance with the Elimination of Architectural Barriers Act, State of Texas, and the City of Fort Worth Building Codes. The following Preliminary Program shall be the basis for the start of conversations between the Design-Builder and the City to define the process to develop a complete project. The Design- Builder, in coordination with the City, shall use this Attachment "A" to produce the written program, schedule and budget for approval by the City and for the Design-Builder to establish the Guaranteed Maximum Price. 2 Sixth Patrol Division Facility (July 2016) Attachment "A" Program Fort Worth Police Department Sixth Patrol Division Preliminary Program SECTION I - INTRODUCTION The City of Fort Worth purchased twelve (12) acres at 8795 Old Denton Road to construct a Sixth Patrol Division facility at approximately 23,000 square feet. The preferred example for programming space for a Sixth Patrol Division facility is the recently completed Bob Bolen Public Safety Complex at 505 W. Felix Street. A. Sixth Patrol Division Project Goals • Provide improved police services to north Fort Worth that has seen significant growth in the last fifteen years and continues to grow. • Reduce calls for service response times in north Fort Worth. • Create a stronger community-police partnership through increased police presence and public interaction. • To construct a facility that will meet the department's current needs, as well as prepare for anticipated long-term growth in north Fort Worth. B. Sixth Patrol Division Stakeholders The Sixth Patrol Division facility will be utilized by police personnel and the community. The following information provides brief descriptions of each user. Police Officers: Patrol officers who will attend roll calls, complete reports, and conduct other business. These officers will not remain in the facility their entire shift. Neighborhood Patrol Officers: NPOs will utilize the facility for reports and other duties. Detectives: Detectives will conduct the majority of their work day in this facility and require office space and general office amenities. Sergeants: Sergeants will generally attend roll calls, conduct administrative duties, and conduct other business. These personnel will not remain in the facility their entire shift. Lieutenants: Patrol Lieutenants will attend roll calls, conduct administrative duties, and conduct other business. These personnel will not remain in the facility their entire shift. Administrative Lieutenants will conduct the majority of their work day in this facility and require office space and general office amenities. 3 Sixth Patrol Division Facility (July 2016) Attachment "A" Program Captain: The Division Captain will conduct the majority of their work day in this facility and require comfortable space and amenities. Administrative Staff: Administrative staff will conduct their work day in this facility and require comfortable space and amenities. Community(Public): The community will attend various public meetings, meet with police personnel, and Code Blue volunteers will conduct various support functions in this facility. C. General Building Requirements for Sixth Patrol Division Facility i. Comply with Building Codes ii. Comply with Texas Accessibility Standards & ADA iii. Sustainable Design (Notwithstanding other provisions of the City's Facilities Division DESIGN GUIDELINES for New and Existing Facilities, the Facility will not be a"LEED" certified building nor will it require other third-party certification of sustainable design, construction, or environmental or energy performance, but should utilize current efficient and renewable technologies to the extent practicable and as approved by the City .) iv. City of Fort Worth's Facilities Division DESIGN GUIDELINES for New and Existing Facilities (November 2015) to the extent practicable and as approved by the City. v. Coordinate with the City's Public Art Program (If applicable) D. Site Requirements i. Site Drainage • The site should have adequate space to meet integrated Stormwater Management (iSWM)standards. ii. Parking Requirements • Parking shall be in compliance with City of Fort Worth Zoning Regulations, Chapter 6 (Development Standards), Article 2, Section 6.200 — 6.202. • Twenty (20) spaces, to include two (2) "Accessible Parking" spaces, with access from the main entrance and outside of the security fencing. • One hundred eighty (180) spaces within the secure area for police personnel. • In addition, four (4) spaces for the parking of motor home sized vehicles should be located within the secured area. 4 Sixth Patrol Division Facility (July 2016) Attachment "A" Program iii. Sidewalks • Sidewalks shall surround the building where adjacent to a parking lot and shall be in accordance with the Americans with Disabilities Act as well as adhere to all City of Fort Worth Codes and Ordinances. Storage Requirements • An accessory building approximately 12' x 16' in size to store flares, barricades, and temporary signs should be located near the main building iv. Fencing • Fencing shall be in compliance with City of Fort Worth Zoning Regulations. • The police personnel parking area, to include storage building, shall be surrounded and secured by an eight (8) foot high fence. The fence will require a minimum of two motor vehicle access gates and two secured pedestrian gates to provide access to the parking area. Both the vehicle access and pedestrian access gates will be controlled by security devices. V. Landscaping • All landscaping at the site must meet Fort Worth City Zoning Regulations Chapter 6 (Development Standards), Article 3, Section 6.301. • Prefer a low maintenance landscaping design. vi. Site Lighting • The site requires ample lighting to illuminate all parking areas. • Lighting should be placed around the building to light the building's exterior areas for security and for pedestrian safety. vii. Site Signs • The site requires a monument sign at the main entrance (driveway) to the facility as well as building fayade signage and interior signage. viii. Future Building Expansion • Future Programmed Space - do uve need to include shell space? not budgeted into costs E. Building Requirements i. Architectural Style and Character • The architectural "style" of the building shall be established through a discussion with the City of Fort Worth graphically by citing specific 5 Sixth Patrol Division Facility (July 2016) Attachment "A" Program examples and character sketches.-Provide secure yet accessible building entrances and exits with identifiable main entrances for ease in orientation by users and visiting public. • Comply with all local and state building codes, as well as the American with Disabilities Act (ADA) and Texas Accessibility Standards (TAS). • Interior and exterior finishes should be selected for durability, fire spread classification, ease of maintenance and long-term appropriateness. • The building should be designed to withstand storm damage in compliance with the applicable IBC or as approved by the City in the final Construction Documents . ii. Public Access • The building should have public access through a main lobby double door. • The public access area of the building must be kept separate and secured from the space utilized by police personnel. • The public access area will include: • Lobby with restrooms • Witness Interview Room • Community Room • Code Blue Volunteer Office • The public access area must be secured from the remainder of the building with secured access and/or a control point with personnel. • Public access must meet American with Disabilities Act (ADA) and Texas Accessibility Standards (TAS) standards. iii. Police Access • The facility will be primarily utilized by police personnel. • All exterior entrances/exits must have security devices to control access to the interior of the building. • The main entrance must also have secured access as it will be locked after normal business hours. • The police access area will include: • Command Staff, Supervisors and Administrative Support offices • Roll Call Room • Report Room • Break Room • Locker rooms (male and female) • Fitness room • Conference rooms • Mechanical/Electrical room • Data/IT room • Investigations (Detectives) office • Interview rooms 6 Sixth Patrol Division Facility (July 2016) Attachment "A" Program • Neighborhood Patrol Officers office • Storage rooms iv. Security & Cameras • The security system will be procured and installed by the City under a separate contract and is not included in Design-Builder's scope of work except to the extent detailed below and in the final Construction Documents. • Facility must be designed to comply with Criminal Justice Information Services (CJIS) standards to protect sensitive data. • While a separate contractors will install the security and camera systems required for the facility, all exterior doors must have the ability to be electronically secured. • The site will be secured against unwanted entry. This will include systems such as "proximity" card readers, cameras, and other security technology. • Security for this facility will be at a higher than normal level. • Exterior lighting on the building should provide illumination for safety and security. • Lighting should complement the parking lot lighting and should illuminate the entire perimeter of the building. • The building will also require a fire suppression system as required by City of Fort Worth Code, Chapter 12 (Fire Prevention and Protection). V. Phone Systems • The telephone system will be procured and installed by the City under a separate contract and is not included in Design-Builder's scope of work except to the extent detailed below and in the final Construction Documents. • The facility should be built to allow for ease of wiring the entire building for data/phone lines. • A separate Data/Telephone room is required. vi. Computer Systems • The computer systems will be procured and installed by the City under a separate contract and are not included in Design-Builder's scope of work except to the extent detailed below and in the final Construction Documents. • The facility should be built to allow for ease of wiring the entire building for computer systems. • A separate computer systems room is required, which may include a UPS System, and shall be determined by the final written program. 7 Sixth Patrol Division Facility (July 2016) Attachment "A" Program vii. Generator • Project should incorporate a generator to use as a backup power source for personnel to be able to access computer and use secure doors and gates in the event of a power outage. • Incorporate Uninterrupted Power Supply. viii. Structural Systems • The building should be constructed with standard commercial construction methods with at least a 40 year life expectancy. • The exterior should be of a durable veneer such as stone or brick. ix. The interior walls should consist of metal framing covered by durable, fire resistant sheetrock. Exterior and Interior Building Signs • Twelve (12) inch lettering spelling out "Fort Worth Police" will be placed on the building fayade along Old Denton Road. • Each office door shall have room markers (signs) that include the ability to change the name of the occupant (paper inserts, etc.) • A bronze dedication plaque, size 28.5" x 23", shall be placed in the lobby and should reference all project partners including a statement that the facility is funded by the Crime Control and Prevention District. 8 Sixth Patrol Division Facility(July 2016) Attachment "A" Program G. Facility Programming: Program of Spaces–The City's initial program of spaces is set forth below and will be evaluated and,to the extent agreed, refined by the Design-Build Team. The final Construction Documents approved by the City shall control. Fort Worth Police Department Sixth Patrol Division Preliminary Building Program Description uantit Position , Space SF Organizational Functionality Title AP Unit Space Type SF Total — Secured Area Operations Division Leadership Captain 1 1 Office 180 180 Leadership Division Office Leadership Lieutenant 6 6 120 720 Leadership (shared) Administrative Admin Support Office 1 1 Office 100 100 Support Assistant Administrative Worksta Support Admin Support OAII (CIU) 1 1 81 81 tion Administrative public Reception CAI (front 1 1 Office 120 120 Support desk) (Lobby) Administrative Crime Prevention Crime Prev. 1 1 Office 100 100 Support Specialist SPI Administrative Code Blue Code Blue 1 1 Office 100 100 Support Coordinator Coor. Sergeants Administration Sergeant 1 1 Office 100 100 Sergeants CIU Sergeant 2 2 Office 100 200 Sergeants Neighborhood Sergeant 2 2 Office 100 200 Policing Sergeants General Patrol Sergeant 16 16 Office 100 1600 Supervision (shared) Patrol Officers General Patrol Officer 70 Detectives Investigations etective Corporal/D 15 15 tions Worksta 81 1215 Interview rooms Investigations n/a 0 4 Room 120 480 Neighborhood Neighborhood Officer 14 14 Worksta 64 896 Police Officer Policing tions 9 Sixth Patrol Division Facility(July 2016) Attachment "A" Program Roll Roll Call/Training call/dispatch/Traini n/a 0 1 Open 800 800 Room ng/Break/ Room Work/Conf Work area General n/a 0 1 Open 700 700 Work/Report Room Room Safe Room/Equipment n/a 0 1 Room 100 100 Storage Locker Room (male 120 Common Areas - 60%) n/a 0 1 0 1200 Locker Room n/a 0 1 800 800 (female -40%) Showers (5) & 100 restrooms (male) n/a 0 1 0 1000 Showers (3) & restrooms (female) n/a 0 1 750 750 Fitness Room n/a 0 1 800 800 Break Room (w/ kitchen) n/a 0 1 784 784 Storage n/a 0 3 100 300 Copier/printer 0 2 64 128 room Conference room 0 1 600 600 large Conference room 0 1 300 300 small File Room 0 2 150 300 Infrastructure Mech/Electrical Support Room n/a 0 1 400 400 Data/IT/Telecom n/a 0 1 400 400 Room Flare Storage(Exterior n/a 0 1 -stand alone) Bike Patrol 00 Maintenance/Stora 0 1 10 1000 ge Public Access Area Community Open Community Room n/a 0 1 Room 800 800 Support Restrooms (12 X 18 n/a 0 1 375 375 - male) Restrooms (12 X 18 n/a 0 1 375 375 -female) _ Public Lobby (Desk Open Officer space listed n/a 0 1 Foyer/ 500 500 separately) w seating 10 Sixth Patrol Division Facility (July 2016) Attachment "A" Program Restroom (unisex- 0 1 64 64 lobby) Witness Interview n/a 0 1 Open 100 100 room Room Code Blue 1 1 100 100 Volunteer Office Totals 132 94 18,76 Circulati GSF 23,46 on 25% Factor 0 23,00 0 Should there also be restrooms in the secured area in addition to the locker rooms Restrooms (12 X 18 n/a 0 1 375 375 - male) Restrooms (12 X 18 n/a 0 1 375 375 -female) 11 Sixth Patrol Division Facility(July 2016) Attachment "A" Program ATTACHMENT B DESIGN-BUILDER's Written Proposal (Only six pages including pricing and scheduling are reproduced here, but the entire written Proposals to the CITY from DESIGN- BUILDER, dated the 3.d day of December 2015, and the 19th day of January 2016 are incorporated by reference.) Design-Build —Sixth Patrol Division Page 12 of '13 ATTACHMENT"B" Fort Worth Police Department SIXTH PATROL DIVISION FACILITY Proposal Form Submitting Team: GFF/FPI (Site#2) Item LAND COST 1.1 Land Acqusition Cost $3,050,420 1.2 Land Administration Cost(Broker,Closing Fees,etc.) $92,729 1.3 Total Land Area(in 1/100th of Acres) 10.004 ACRES 1.4 Maximum Usable Land Area(In 1/100th of Acres) 10.004 ACRES 1.5 Cost to Bring Utilities to Property Line $20,800 1.6 Utility Impact Fees $23,773 1.7 Cost to Construct Access Roads(If Necessary) $0 1.8 Transportation Impact Fees $57,011 1.9 Civil Site Development Costs to Maximize Usable Land Area(Demolition, $193,973 Civil Grading,Detention Basins,Wetlands, other Civil Improvements 1.10 Cost to Comply with Covenants and Restriction above minimum building code and city ordinances. 1.11 TOTAL LAND COST $3,438,706 Item DESIGN COST 2.1 Design Services to include Geotechnical Reports,Site Survey,etc. $672,665 2.2 Design-Build Fee on Design Services 23 TOTAL DESIGN COST $672,665 Item CONSTRUCTION COST 3.1 Land Development Cost(items 1.5 through 1.10) $295,557 3.2 General Conditions&Miscelanous(to Include Temporary Facilities, $422,849 Clean Up,Safety/QC,Bonds&Insurance,etc.) 3.3 CONSTRUCTION COST(to Include Parking,Landscaping,Site Utilities $6,042,361 within Property Line,Foundations,Above Ground Facility Construction, etc.) 3.4 Contractor's Contingency(5%) $302,118 3.5 Design-Build Management Fee $211,483 3.6 TOTAL CONSTRUCTION COST $7,274,368 TOTAL PROJECT COST(items 1.1,1.2,23&3.6) $11,090,182 Note:Propsals shall be based on a$10,000,000 conceptual budget Sixth Patrol Division Facility(Dec 2015) Page 9 of 18 Fort Worth Police Department SIXTH PATROL DIVISION FACILITY Proposal Form Submitting Team: GFF/FPI (Site#1) Item LAND COST 1.1 Land Acqusition Cost $3,165,895 1.2 Land Administration Cost(Broker,Closing Fees,etc.) $27,042 1.3 Total Land Area(In 1/100th of Acres) 9.53 ACRES 1.4 Maximum Usable Land Area(In 1/100th of Acres) 9.53 ACRES 1.5 Cost to Bring Utilities to Property Line $20,827 1.6 Utility Impact Fees $23,773 1.7 Cost to Construct Access Roads(If Necessary) $0 1.8 Transportation Impact Fees $57,011 1.9 Civil Site Development Costs to Maximize Usable Land Area(Demolition, $151,679 Civil Grading,Detention Basins,Wetlands, other Civil Improvements 1.10 Cost to Comply with Covenants and Restriction above minimum building code and city ordinances. 1.11 TOTAL LAND COST $3,446,227 Item DESIGN COST 2.1 Design Services to Include Geotechnical Reports,Site Survey,etc. $672,665 2.2 Design-Build Fee on Design Services $12,500 2.3 TOTAL DESIGN COST $685,165 Item CONSTRUCTION COST 3.1 Land Development Cost(Items 1.5 through 1.10) $253,290 3.2 General Conditions&Miscelanous(to Include Temporary Facilities, $422,849 Clean Up,Safety/QC,Bonds&Insurance,etc.) 3.3 CONSTRUCTION COST(to Include Parking,Landscaping,Site Utilities $4,997,614 within Property Line,Foundations,Above Ground Facility Construction, etc.) 3.4 Contractor's Contingency(5%) $249,881 3.5 Design-Build Management Fee(3%) $198,264 3.6 TOTAL CONSTRUCTION COST $6,121,898 TOTAL PROJECT COST (Items 1.1,1.2,2.3&3.6) $10,000,000 Note:Propsals shall be based on a$10,000,000 conceptual budget Sixth Patrol Division Facility(Dec 2015) Page 9 of 18 Fort Worth Police Department SIXTH PATROL DIVISION FACILITY Proposal Form Submitting Team: GFF/FPI (Site#3a) Item LAND COST 1.1 Land Acqusition Cost $1,327,491 1.2 Land Administration Cost(Broker,Closing Fees,etc.) $79,232 1.3 Total Land Area(In 1/100th of Acres) 5.3 ACRES 1.4 Maximum Usable Land Area(In 1/100th of Acres) 5.3 ACRES 1.5 Cost to Bring Utilities to Property Line $12,250 1.6 Utility Impact Fees $23,773 1.7 Cost to Construct Access Roads(If Necessary) $0 1.8 Transportation Impact Fees $57,011 1.9 Civil Site Development Costs to Maximize Usable Land Area(Demolition, $169,755 Civil Grading,Detention Basins,Wetlands, other Civil Improvements 1.10 Cost to Comply with Covenants and Restriction above minimum building code and city ordinances. 1.11 TOTAL LAND COST $1,669,512 Item DESIGN COST 2.1 Design Services to Include Geotechnical Reports,Site Survey,etc. $672,665 2.2 Design-Build Fee on Design Services $12,590 2.3 TOTAL DESIGN COST $685,165 Item CONSTRUCTION COST 3.1 Land Development Cost(Items 1.5 through 1.10) $262,789 3.2 General Conditions&Miscelanous(to Include Temporary Facilities, $455,884 Clean Up,Safety/QC,Bonds&Insurance,etc.) 3.3 CONSTRUCTION COST(to Include Parking,Landscaping,Site Utilities $6,608,713 within Property Line,Foundations,Above Ground Facility Construction, etc.) 3.4 Contractor's Contingency(5%) $330,436 3.5 Design-Build Management Fee $250,290 16 TOTAL CONSTRUCTION COST $7,908,112 TOTAL PROJECT COST (Items 1.1,1.2,2.3&3.6) $10,000,000 Note:Propsals shall be based on a$10,000,000 conceptual budget Sixth Patrol Division Facility(Dec 2015) Page 9 of 18 Fort Worth Police Department SIXTH PATROL DIVISION FACILITY Proposal Form Submitting Team: GFF/FPI (Site#3b) Item LAND COST 1.1 Land Acqusition Cost $2,279,277 1.2 Land Administration Cost(Broker,Closing Fees,etc.) $135,760 1.3 Total Land Area(In 1/100th of Acres) 9.10 ACRES 1.4 Maximum Usable Land Area(In 1/100th of Acres) 9.10 ACRES 1.5 Cost to Bring Utilities to Property Line $12,250 1.6 Utility Impact Fees $23,773 1.7 Cost to Construct Access Roads(If Necessary) $0 1.8 Transportation Impact Fees $57,011 1.9 Civil Site Development Costs to Maximize Usable Land Area(Demolition, $253,755 Civil Grading,Detention Basins,Wetlands, other Civil Improvements 1.10 Cost to Comply with Covenants and Restriction above minimum building code and city ordinances. i.ii TOTAL LAND COST $2,761,826 Item DESIGN COST 2.1 Design Services to Include Geotechnical Reports,Site Survey,etc. $672,665 2.2 Design-Build Fee on Design Services $12,500 2.3 TOTAL DESIGN COST $685,165 Item CONSTRUCTION COST 3.1 Land Development Cost(Items 1.5 through 1.10) $345,789 3.2 General Conditions&Miscelanous(to Include Temporary Facilities, $455,884 Clean Up,Safety/QC,Bonds&Insurance,etc.) 3.3 CONSTRUCTION COST(to Include Parking,Landscaping,Site Utilities $5,596,384 within Property Line,Foundations,Above Ground Facility Construction, etc.) 3.4 Contractor's Contingency(5%) $279,819 3.5 Design-Build Management Fee $220,921 3.6 TOTAL CONSTRUCTION COST $6,899,798 TOTAL PROJECT COST (Items 1.1,1.2,2.3&3.6) $101000,000 Note:Propsals shall be based on a$10,000,000 conceptual budget Sixth Patrol Division Facility(Dec 2015) Page 9 of 18 ........................................_............._............_. .............. ..... .2 .......... 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Ji Ny rl ly o f _ — LL i o i 3 o ,mj y o l' o 0 0 o E 2 z 1 12 z Z2 z Z - tj -1 Z 12 }w D w x Z OZZF WOO 0 ...... .............................................................................. ........... ................. 71jT-7 TiT.7 a R R a z a R P R R 8 R P s 8 f � , IF 11 a a � 9 w e _12 14 zo 1.2 .0 zo S2 Q ZO, < P -A. .0 0 0 0 Iz o vs us us M7 m a: 9: r 0 V5 m I ATTACHMENT C General Conditions for the Facilities Construction Design-Build—Sixth Patrol Division Page 13 of 13 ATTACHMENT C City of Fort Worth,Texas Properties Management Department Facilities Management/Architectural Services GENERAL CONDITIONS OF THE CONTRACT FOR FACILITY CONSTRUCTION (DESIGN-BUILDI SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to,the Contract, Notice to Bidders, Proposal,General Conditions,Special Conditions,Specifications,Plans,Bonds,Insurance and all Addenda, Amendments signed by all parties,Change Orders,written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties,and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed,the Contract Documents can be changed only by a written Amendment signed by the Design-Builder and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK. By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals, with all required attachments, including required bonds and insurance certificates,by the Design-Builder and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to the Design- Builder. Failure to execute contracts and provide required enclosures would be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK. Before filing a Proposal, Design-Builder examined carefully the documents furnished by the Owner, including, to the extent provided, programing documents,specifications, special provisions,the form of contract to be entered into for the work contemplated and the land that Design-Builder caused to be delivered to the City for the Project. Design-Builder visually examined the site of the Work and satisfied himself as to the conditions that will be encountered relating to the character, quality,and quantity of work to be performed and materials to be furnished. The filing of a bid by the Design- Builder shall be considered evidence that he has complied with these requirements and has determined the site as suitable for the Work except for site defects not reasonably discoverable from the foregoing examinations. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed; except for Claims for Concealed or Unknown Conditions. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Design-Build Documents, or (2) unknown physical conditions of an unusual nature which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Documents (collectively"Claims for Concealed or Unknown Conditions"), then the observing party shall give notice to the other party promptly before conditions are disturbed. The Owner shall promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Design- Builder's cost of, or time required for, performance of any part of the Work, the Parties shall negotiate changes to the contract, and if so agreed upon, memorialize those change by a Change Order. If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents and that no change in the terms of the Design-Build Contract is justified, the Owner shall so notify the Design-Builder in writing, stating the reasons. Claims by the Design-Builder in opposition to such determination must be made within 21 days after the Owner has given notice of the decision. A-6 ONE UNIFIED CONTRACT. Insofar as possible,the Contract Documents will be bound together and executed as a single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision,materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well- recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Design-Builder in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions;General Conditions;and,Construction Contract. General Conditions for Facility Construction (Design-Build) Page 1 of 26 Sixth Patrol Division Facility(July 2016) A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of the work. Design-Builder shall provide Owner with three hard copies of the full set of construction documents and three hard copies of the as-built plans. A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other Federally funded Projects except where federal guidelines are mandatory for funding.(DOT or EPA) A-11 MINORITY BUSINESS ENTERPRISE (MBE) POLICY: As of June 1, 2012, The City of Fort Worth has implemented a Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain an MBE listing from the MWWBE Office at 817-212-2674. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the six(6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of:Tarrant, Dallas, Denton,Johnson,Parker and Wise.Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. The City of Fort Worth has goals for the participation of Minority Business Enterprises (MBE) in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting proposals are included. The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-12 AGE In accordance with the policy ("Policy") of the Executive Branch of the federal government, Design- Builder covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Design-Builder further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,retirement plan or statutory equipment. Design-Builder warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Design-Builder's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY:In accordance with the provisions of the Americans With Disabilities Act of 1990("ADA"), Design- Builder warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability,terms and/or conditions of employment for applicants for employment with,or employees of Design-Builder or any of its subcontractors. Design-Builder warrants it will fully comply with ADA provisions and any other applicable federal,state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Design-Builder's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B OWNER B-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, Director of the Property Management Department, and members of the Facilities Management Division. The City shall designate an architect or engineer to serve as the City's Building Construction Manager (BCM) as a point of contact for day to day contract administration. B-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Design-Builder hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Design-Builder in the prosecution of the Work in such manner and to such extent as may be General Conditions for Facility Construction(Design-Build) Page 2 of 26 Sixth Patrol Division Facility(July 2016) reasonable and shall furnish information under its control with reasonable promptness at the request of the Design- Builder. B-3 INSTRUCTIONS. The Owner shall issue all instructions to the Design-Builder through the Building Construction Manager. B-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Design-Builder shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. B-5 PROGRESS INSPECTIONS. The Owner will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Design-Builder's applications for payments. B-6 AUTHORITY TO STOP WORK. The Owner will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion,the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Owner will have authority to require the Design-Builder to stop the work or any portion thereof, or to require the Design-Builder to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. The Design-Builder shall be responsible for the cost of special inspections or testing for work that is found to not to comply with the Plans and Specifications. If any such special inspections or testing reveal that the questioned portions of the Work were originally performed in conformance with the requirements of the Plans or Specifications, then the City shall be responsible for the cost of such special inspections or testing and for the cost of correcting any portions of the Work disturbed by such special inspections or testing. B-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the Design-Builder and the Building Construction Manager that the Work is substantially complete, the Owner will schedule a Substantial Completion Inspection to be attended by representatives of the Design-Builder's Architect, Owner and Design-Builder. Items identified during this inspection that are incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which is to be prepared and signed by the Design-Builder,and accepted, approved and signed by the Owner. B-8 RIGHT TO AUDIT: Design-Builder agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Design-Builder involving transactions relating to this contract. Design-Builder further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract,have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract.The term"subcontract"as used herein includes purchase orders. Design-Builder agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Design-Builder for the costs of copies at the rate published in the Texas Administrative Code. SECTION C DESIGN-BUILDER C-1 IDENTIFICATION OF DESIGN-BUILDER AND BASIC DUTIES. The Design-Builder is the person or organization identified as such in the Contract. The term Design-Builder means the Design-Builder or its authorized representative. The term Design-Builder is synonymous with Contractor in this performance of the design and construction portions of the Project. The duties of the Design-Builder are as follows: 1. The Design-Builder shall contract with the Architect under a design phase service agreement, prior to construction to analyze the Architect's design, including the plans and specifications, to ensure the feasibility and constructability of the Project design, and to assist in bringing the estimated construction cost of the Project within the Construction Budget through value engineering, the selection of building systems and materials, cost estimating, scheduling,and other means,without adversely affecting the capacity and quality of the Project;and 2. The Design-Builder will propose a Guaranteed Maximum Price("GMP")for the construction of the Project that is within the Construction Budget after or during the completion of the design phase services._ 3. The Design-Builder will serve as general contractor for the Project during the construction phase including the selection of subcontractors and prompt payment to subcontractors and suppliers. C-2 INDEPENDENT CONTRACTOR. Design-Builder shall perform all work and services hereunder as an independent contractor, not as agent, or employee of the City. Design-Builder shall have exclusive control of and the General Conditions for Facility Construction(Design-Build) Page 3 of 26 Sixth Patrol Division Facility(July 2016) exclusive right to control the details of the work and services performed hereunder,and all persons performing same,and Design-Builder shall be solely responsible for the acts of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Design-Builder, its officers, agents and employees,and the doctrine of respondeat superior shall not apply as between the City and the Design-Builder. C-3 SUBLETTING. It is further agreed that the performance of this Contract, in whole, shall not be sublet or assigned to anyone else by said Design-Builder without the written consent of the Director of the Properties Management Department of the City of Fort Worth. C-4 CONTRACT ADMINISTRATION. Where the term"Architect"is used in the"General Conditions of the Contract for Facility Construction(Design-Build)",it shall refer to the Design-Builder's design-team Architect or Engineer. C-5 THE ARCHITECT. As used herein, the term Architect means the Architect or his authorized representative. Architect is a member of the Design-Build Team.. C-6 ARCHITECT AS REPRESENTATIVE OF THE DESIGN-BUILDER. The Architect will be available for conferences and consultations with the Owner and the Design-Builder at all reasonable times. C-7 INTERPRETATIONS. The Architect will be,in the first instance,the interpreter of the requirements of the Plans and Specifications subject to the final decision of the Owner.Such final decision of the Owner shall be subject to de novo review by a court. C-8 MISCELLANEOUS Shop Drawings. Submittals and Samples. The Design-Builder's Architect and the Design-Builder will review Shop Drawings, Submittals and Samples. Each Shop Drawing, Submittal and Sample that is approved by the Design-Builder shall be submitted to the Owner in digital format and shall be approved by the Owner before any work is performed in accordance with the Shop Drawing,Submittal or Sample. Change Orders. Change Orders for Minor Changes in the Work shall be reviewed by the Design-Builder and,with the approval of the Owner,issued prior to their implementation by Design-Builder. Guarantees. Upon completion of the project the Design-Builder shall provide the Owner with one hard copy and one digital copy of all written guarantees and related documents. Inspections. The Owner has the right to inspect the Project and to conduct the final inspection prior to issuing any certificates of substantial completion or final completion. Operation and Maintenance Manuals. The Owner will receive, one hard copy and one digital copy of all applicable equipment installation,operation,and maintenance brochures and manuals required of the Design-Builder. C-9 REVIEW OF CONTRACT DOCUMENTS. The Design-Builder shall carefully study and compare the Agreement, Conditions of the Contract, Programing Documents, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner any error, inconsistency or omission he may discover.The Design-builder shall do no construction work without Drawings,Specifications and Interpretations approved by the Owner. C-10 SUPERVISION. The Design-Builder shall supervise and direct the Work, using his reasonable skill and attention. He shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. C-11 LABOR AND MATERIALS. Unless otherwise specifically noted,the Design-Builder shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable efforts to hire local laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers,workmen or materialmen from outside local area. The Design-Builder shall at all times enforce strict discipline and good order among his employees,and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. C-12 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code(Chapter 2258),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. 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 General Conditions for Facility Construction(Design-Build) Page 4 of 26 Sixth Patrol Division Facility(July 2016) 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. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of section 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31"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. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c)above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. 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 the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate 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. Posting of Wape Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. 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. On projects where special wage rates apply (e.g. Davis-Bacon) the Contractor agrees to meet all requirements of such programs. C-13 WARRANTY. The Design-Builder warrants to the Owner that all materials and equipment furnished under this Contract will be new unless otherwise specified,and that all work will be of good quality,free from faults and defects,and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Owner, the Design-Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Prior to occupancy of the Project by the Owner the Design-Builder's warranties and obligations to correct defective Work exclude remedy for damage or defect caused by (i) abuse by the Owner or the Owner's separate contractors, or (ii) modifications made by the Owner or the Owner's separate contractors. After occupancy of the Project by the Owner the Design-Builder's warranties and obligations to correct defective Work exclude remedy for damage or defect caused by(i) abuse, (ii) modifications not executed by the Design-Builder, (iii) improper or insufficient maintenance, (iv) improper operation,(v)normal wear and tear,or(vi)normal usage. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. C-14 TAXES. The Design-Builder is exempt from State Sales Tax on material incorporated into the finished construction,Excise and Use Tax. C-15 LICENSES, NOTICES AND FEES. The Design-Builder shall obtain all Permits, Licenses, Certificates, and Inspections,whether permanent or temporary, required by law or these Contract Documents. Building and Trade Permit Fees are waived for this project.. The Design-Builder shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Design-Builder observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Owner in writing and any necessary changes will be made. If the Design-Builder performs any Work knowing that it is in violation of,or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Owner,the Design-Builder will assume full responsibility therefore and bear all costs attributable thereto. If any Laws, Ordinances, Rules, Regulations, or Orders of any public authority bearing on the performance of the Work are changed after the date Design-Builder submits its original proposed GMP and such changes effect the Design-Builder's cost of General Conditions for Facility Construction(Design-Build) Page 5 of 26 Sixth Patrol Division Facility(July 2016) performance or time of performance,then the Parties shall negotiate and any agreed upon changes to the Contract shall be executed by the parties through a Change Order. C-16 SUPERINTENDENT. The Design-Builder shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work.The superintendent shall be satisfactory to the Design-Builder and the Owner. The superintendent shall represent the Design-Builder and all communications given to the superintendent shall be binding as if given to the Design-Builder. Important communications will be confirmed in writing.Other communications will be so confirmed on written request in each case. C-17 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS. The Design-Builder shall be responsible to the Owner for the acts and omissions of all his employees and all sub-contractors, their agents and employees,and all other persons performing any of the Work under a contract with the Design-Builder. C-18 FAILURE TO COMMENCE WORK: Should the Design-Builder fail to begin the work(whether design phase or construction phase)herein provided for within the time herein fixed or to carry on and complete the same according to the terms of said Plans, Specifications and Contract Documents,then the Owner shall have the right,after providing Design- Builder written notice of such failures and Design-Builder's failure within a ten-day period after receipt such written notice from the Owner to commence and continue correction of such failure with diligence and promptness,to either demand the surety take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Design- Builder and/or its Surety shall pay said City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,the excess cost. C-19 PROGRESS SCHEDULE. The Design-Builder, immediately after being awarded the contract, shall prepare and submit for the Building Construction Manager's approval,an estimated progress schedule for the Work.The progress schedule shall be related to the entire Project.This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the Building Construction Manager's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Design-Builder shall submit an updated progress schedule to the City at least monthly for approval along with the Design-Builder's monthly progress payment requests. C-20 DRAWINGS AND SPECIFICATIONS AT THE SITE. The Design-Builder shall maintain at the site for the Owner one copy of all Drawings,Specifications, Addenda,approved Shop Drawings,Change Orders,and other Changes and Amendments in good order and marked to record all changes made during construction. The Drawings, marked to record all changes made during construction,shall be delivered to the Owner upon completion of the Work.The Architect will prepare,and provide to the Owner,one complete set of reproducible record drawings of the work. C-21 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Design-Builder or any Subcontractor, manufacturer,supplier or distributor,and which illustrate some portion of the Work. Samples are physical examples furnished by the Design-Builder to illustrate materials,equipment or workmanship,and to establish standards by which the Work will be judged. The Design-Builder shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other Design-Builder,normally within the first 90 days of the work,digital copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified. At the time of submission the Design-Builder shall inform the Architect and Owner in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples,the Design-Builder thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Design-Builder shall make any corrections required by the Design-Builder's Architect and shall resubmit,in digital format,corrected copies of Shop Drawings or new Samples until approved by the Owner. The Design-Builder shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Design-Builder's Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the Design-Builder of responsibility for any deviation from the requirements of the Contract Documents unless the Design-Builder has informed the Owner in writing General Conditions for Facility Construction(Design-Build) Page 6 of 26 Sixth Patrol Division Facility(July 2016) of such deviation at the time of submission and the Owner has given written approval to the specific deviation. Owner's approval shall not relieve the Design-Builder from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Owner has approved the submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. C-22 SITE USE. The Design-Builder shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the work by the Owner, the entire site of the Work shall be under the exclusive control, care and responsibility of the Design-Builder. The Design-Builder shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Design-Builder shall rebuild, repair, restore,and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance After acceptance of the Work by the City and the City assumes control of the site, the Design-Builder's responsibilities exclude remedy for damage or defect caused by(i)abuse by the Owner, (ii)modifications not executed by the Design-Builder,(iii)improper or insufficient maintenance by the Owner, (iv)improper operation by the Owner,(v)normal wear and tear by Owner,and(vi)normal usage by the Owner. SECTION D SUBCONTRACTORS D-1 DEFINITION. A Subcontractor is a person or organization that has a direct contract with the Design-Builder to perform any of the Construction Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract Documents shall create any contractual relation between the Owner and any subcontractor or any of his sub-subcontractors or materialmen. D-2 AWARD OF SUBCONTRACTS. The Design-Builder shall comply with all laws in advertising and awarding contracts to subcontractors. Design-Builder must publicly advertise and solicit competitive bids or competitive sealed proposals for all major elements of work other than the General conditions. To Self-Perform work, the Design-Builder must submit a bid or proposal in the same manner as trade subcontractors. Design-Builder will provide Owner full access to the results of all bid solicitations prior to the award of any subcontract. Owner shall have the right to reject the use of any subcontractor found objectionable. If a rejected subcontractor is the low, qualified bidder the GMP shall be adjusted upwards by a Change Order by an amount equal to the difference between the bid amount of the subcontractor receiving the award and the bid amount of the rejected subcontractor. The Design-Builder shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner, unless the substitution is also acceptable to the Owner.The Design-Builder shall not be entitled to any adjustment in the GMP based on a Design-Builder initiated substitution. D-3 TERMS OF SUBCONTRACTS. All work performed for the Design-Builder by a Subcontractor shall be pursuant to an appropriate agreement between the DESIGN-BUILDER and the Subcontractor (and where appropriate between Subcontractors and Sub-subcontractors)which shall contain provisions that: 1. Preserve and protect the rights of the Owner under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the Design-Builder of applications for payment under each subcontract to which the Design-Builder is a party,in reasonable time to enable the Design-Builder to apply for payment; 4. Require that all claims for additional costs, extensions of time,damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Design-Builder (via any Subcontractor or Sub- subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Design-Builder upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall be so construed and applied as to the Owner,whether or not such provisions are physically included in the Subcontract. D-4 BUSINESS DIVERSITY ENTERPRISE ORDINANCE COMPLIANCE. It is a City requirement to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE) (SBE) in the procurement of goods and General Conditions for Facility Construction (Design-Build) Page 7 of 26 Sixth Patrol Division Facility(July 2016) services pursuant to the Business Diversity Enterprise Ordinance. If the Contract Documents provide for an MBE and/or SBE goal, Design-Builder is required to comply with the City's Business Diversity Ordinance by doing the following: 1. Design-Builder shall provide complete and accurate information regarding actual work performed by an MBE and/or SBE on the Contract and payment therefor. 2. Design-Builder's failure to make payments as provided by state law shall,in addition to any other remedies provided by law,authorize City to withhold future payments and/or reject future bids from the CMAR or Contractor until compliance With the Business Diversity Enterprise Ordinance is attained. 3. Design-Builder will not make additions, deletions, or substitutions of accepted MBE/SBE firms without written consent of the City.Any unjustified change or deletion shall be a material breach of the Agreement and may result in disciplinary action in accordance with the procedures outlined in the Business Diversity Enterprise Ordinance. 4. Design-Builder shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Design-Builder that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation of any nature may be grounds for termination of the Agreement in accordance with Section M-2. Any such misrepresentation may subject Design-Builder to disciplinary action in accordance with the procedures outlined in the Business Diversity Enterprise Ordinance. D-5 PAYMENTS TO SUBCONTRACTORS. The Design-Builder shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Design-Builder on account of such Subcontractor's Work. The Design-Builder shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Design-Builder and not the fault of a particular subcontractor,the Design-Builder shall pay that Subcontractor on demand,made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the extent completed, less the retained percentage. The Design-Builder shall pay each Subcontractor a just share of any insurance monies received by the Design-Builder, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Design-Builder on account of Work done by such Subcontractors. SECTION E SEPARATE CONTRACTS E-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Design-Builder"in the Contract Documents in each case shall be the Design-Builder who signs each separate contract. E-2 MUTUAL RESPONSIBILITY OF DESIGN-BUILDERS. The Design-Builder shall afford other Design-Builders reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Design-Builder's Work depends for proper execution or results upon the work of any other separate Design-Builder,the Design-Builder shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Design-Builder to inspect and report shall constitute an acceptance of the other Design-Builder's work as fit and proper to receive his Work,except as to defects which may develop in the other separate Design-Builder's work after the execution of the Design-Builder's Work. Should the Design-Builder cause damage to the work or property of any separate Design-Builder on the site,the Design- Builder shall, upon due notice, settle with such other Design-Builder by agreement, if he will so settle. If such separate Design-Builder sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Design-Builder who shall defend against such suit at the Design-Builder's expense, and if any judgment against the Owner arises therefrom, the Design-Builder shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees,court costs and expenses which the Owner has incurred in connection with such suit. E-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The Design-Builder shall do all cutting,fitting or patching of his Work that may be required to fit it to receive or be received by the work of other Design-Builders shown in the Contract Documents. The Design-Builder shall not endanger any work or any other Design-Builders by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other Design-Builder except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefore. General Conditions for Facility Construction(Design-Build) Page 8 of 26 Sixth Patrol Division Facility(July 2016) E-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate Design-Builders as to their responsibility for cleaning up,the Owner may clean up and charge the cost thereof to the several Design-Builders as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION F MISCELLANEOUS PROVISIONS F-1 CONFLICT OF LAWS. The law of the place where the site is located shall govern the Contract. The Design- Builder must familiarize himself and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws,Statutes,Charter,Ordinances, Regulations,or Directives, whether by himself,his employees,agents or subcontractors. F-2 GOVERNING LAWS. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Design-Builder agrees to fully comply with all the provisions of the same. F-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. F-4 COMPLIANCE WITH LAWS. Design-Builder agrees to comply with all laws,Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. Contractors are responsible for obtaining construction permits from the governing agencies. Design-Builder shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction manager weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the City. Any other permit fees are the responsibility of the Design-Builder. F-5 INDEMNIFICATION: Design-Builder covenants and agrees to indemnify City's engineer and architect,and their personnel at the project site for Design-Builder's sole negligence. In addition, Design-Builder covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Design-Builder, its officers, agents, employees, subcontractors, licensees or invitees, whether or not any such injurV, damage or death is caused, in whole or in part,bV the negligence or alleged negligence of Owner, its officers, servants, or employees. Design- Builder likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers,servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anV such injury or damage is caused in whole or in part bV the negligence or alleged negligence of Owner,its officers,servants or emploVees. In the event Owner receives a written claim for damages against the Design-Builder or its subcontractors prior to final payment,final payment shall not be made until Design-Builder either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Design- Builder's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Design- Builder against whom a claim for damages is outstanding as a result of work performed under a City Contract. F-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2,this contract shall be binding upon and insure to the benefit of the parties hereto,their Successors or Assigns. Design-Builder shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. F-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. F-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The Design-Builder agrees,on the submittal of his Proposal to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work. All bonds shall comply with Section 2269.311 of the Texas Government Code and Chapter 2253 of the Texas Government Code. In the event of a conflict between the General Conditions for Facility Construction(Design-Build) Page 9 of 26 Sixth Patrol Division Facility(July 2016) provisions of Section 2269.311 of the Texas Government Code and Chapter 2253 of the Texas Government Code, Section 2269.311 shall control. All bonds shall be in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Design-Builder and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal statutes. In order for a surety to be acceptable to the Owner,the surety must (1) hold a certificate of authority from the United states secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon request. The Owner,in its sold discretion,will determine the adequacy of the proof required herein. No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given to the Design-Builder to that effect and the Design-Builder shall provide a new surety satisfactory to the Owner. F-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the Design-Builder defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,ten calendar days after receipt of written notice from Owner to the Design-Builder,the Owner may,without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Design-Builder the cost of correcting such deficiencies, including the Owner's cost of paying an Architect or Engineer for services made necessary by such default,neglect or failure. If the payments then or thereafter due the Design-Builder are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. Nothing in this subsection shall limit the Owner's ability to terminate this Agreement as provided in Subsection M-2. F-10 ROYALTIES AND PATENTS. The Design-Builder shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if the Design-Builder has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to Owner. F-11 TESTS. If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected, tested or approved,the Design-Builder shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner determines that any Work requires special inspection, testing or approval not included above, the Owner, upon written authorization from the Owner, will instruct the Design-Builder to order such special inspection, testing or approval, and the Design-Builder shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance of the work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction,the Design-Builder shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. The Owner will secure certificate of inspection, testing or approval. The Owner will provide one copy to the Design- Builder. If the Owner wishes to observe the inspections,tests or approvals required by this Section, they will do so promptly and, where practicable,at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract,nor inspections, tests or approvals by persons other than the Design-Builder shall relieve the Design-Builder from his obligations to perform the Work in accordance with the Contract Documents. F-12 INTERRUPTION OF EXISTING UTILITIES SERVICES. The Design-Builder shall perform the work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases,the Design-Builder may be required to perform the work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner.When it is necessary to interrupt the existing utilities,the Design-Builder shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service General Conditions for Facility Construction(Design-Build) Page 10 of 26 Sixth Patrol Division Facility(July 2016) to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the Design-Builder. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of time requested by the Design-Builder of existing utility services shall be as approved by the Owner. F-13 LAYING OUT WORK. The Design-Builder shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Design- Builder to carry out work in satisfactory workmanlike manner at the Design-Builder's sole expense. The Design-Builder shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work, the Design-Builder shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings;each with the other that in any affects the locations or elevation of the work to be executed by him.. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Design-Builder's sole expense. F-14 MEASUREMENTS: Before ordering any material or doing any work, the Design-Builder shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. F-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The Design-Builder shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected,as required,whether or not shown or specified at the Design-Builder's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. F-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the Design-Builder to make certain in the installation of jointed floor,wall and ceiling materials that: 1. Preserve and protect the rights of the Owner under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers,light fixtures,equipment,etc. If because of the non-related sizes of the various materials and locations of openings,etc.,it is not possible to accomplish the above, the Design-Builder shall request the Owner or Building Construction Manager to determine the most satisfactory arrangement.The Design-Builder shall establish centerlines for all trades. F-17 INTEGRATING EXISTING WORK. The Design-Builder shall protect all existing street and other improvements from damages resulting from performance of the Work. Design-Builder's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the Design-Builder not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cost to the Owner. F-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not,that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The Design-Builder shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The Design-Builder shall verify that components containing lead do not contact the potable water supply. Design-Builder shall notify the City promptly when a visual observation or odor indicates that materials on the Project site may contain hazardous materials. The City is responsible for testing and removing or disposing of hazardous materials the City determines were not introduced by the Design-Builder or Design-Builder's Subcontractors of any tier.The Design- Builder is not required to test, remediate, or remove hazardous materials that the City determines the Design-Builder or General Conditions for Facility Construction(Design-Build) Page 11 of 26 Sixth Patrol Division Facility(July 2016) the Design-Builder's Subcontractors of any tier did not introduce onto the Project site. The City may suspend the Work wholly or in part during the testing, removal,or disposition of hazardous materials on the Project site. The Contract Time shall be extended by any delays reasonably incurred by Design-Builder as a result of hazardous materials the, City determines were not introduced by the Design-Builder or its Subcontractors of any tier. If the City determines that the Design-Builder or the Design-Builder's Subcontractors of any tier introduced materials on the Project site thought to contain hazardous material, Design-Builder shall have an approved commercial laboratory test the materials for contamination. Design-Builder shall remove, remediate, and dispose of any of these materials found to be contaminated. Testing, removal, and disposition of hazardous materials introduced onto the Project site by the Design-Builder Design-Builder's Subcontractors of any tier will be at the Design-Builder's expense. The Contract Time will not be suspended and extensions of working days will not be granted for activities related to handling hazardous material delivered by the Design-Builder of Design-Builder's Subcontractors of any tier. F-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment,piping,ductwork,etc.are diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs, it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Design-Builder will be held responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items at his own expense if so directed by the Architect.Where possible uniform margins are to be maintained between parallel lines and or adjacent wall,floor or ceiling surfaces. F-20 OVERLOADING. The Design-Builder shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. F-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Three (3) copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. F-22 CLEANING UP. The Design-Builder shall keep the premises free from accumulation of waste material or rubbish caused by employees of the Design-Builder or its Subcontractors of any tier or as a result of the work by the Design-Builder or its Subcontractors of any tier. At completion of work,the General Design-Builder shall,immediately prior to final inspection of complete building,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. Design-Builder's foregoing obligations exclude repair of damage caused by, or removal of paint spots,stains,etc.deposited by, Owner,Owner's separate contractors, or anyone under Owner's control, excluding Design-Builder. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings.Surfaces that are waxed shall be polished. 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to interior of buildings and left in.good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright,clean and polished.Cost of this cleaning work shall be borne by Design-Builder. 10. Cleaning, polishing,scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning:Burning of rubbish on the premises will not be permitted. General Conditions for Facility Construction(Design-Build) Page 12 of 26 Sixth Patrol Division Facility(July 2016) F-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust,or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. F-24 FIRE PROTECTION. The Design-Builder shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. The Design-Builder shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. F-25 CU i ING AND PATCHING. Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by Design-Builder in a manner that will produce a neat straight line,parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. F-26 PROJECT CLOSEOUT. Final Inspection, Record Drawings:Attention is called to General Conditions Section entitled,"Substantial Completion and Final Payment". Maintenance Manual: Sheets shall be 8 1/2'x 11", except pull out sheets may be neatly folded to 8 1/2" x 11". Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: 1) Name,address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing DESIGN- BUILDER,manufacturer's local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control,fan,electrical panels,service entrance equipment and light fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing,other materials. Submit one hard copy and one digital copy of Maintenance Manuals,prior to request for final payment. Operational Inspection and Maintenance Instruction: The Design-Builder shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. F-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in triplicate by subcontractors and submitted through the Design-Builder to Owner. Delivery of guarantees shall not relieve Design-Builder from any obligation assumed under Contract. The Design-Builder shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work, are for longer periods, General Design-Builder's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner.Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or his successor(s)in interest. The Design-Builder agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the General Conditions for Facility Construction(Design-Build) Page 13 of 26 Sixth Patrol Division Facility(July 2016) manufacturers normal extended warrantees, the Design-Builder shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance. The Design-Builder further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Design-Builder,the Design-Builder further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. F-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment, one print and one electronic copy of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Design-Builder to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Owner's Building Construction Manager. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard.drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate,in addition,the actual location of all sub-surface utility lines, average depth below the surface and other appurtenances. F-29 CONSTRUCTION FENCE. At the Design-Builder's option, he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. F-30 PRODUCT DELIVERY,STORAGE, HANDLING. The Design-Builder shall handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. F-31 REMOVAL OF SALVAGED MATERIAL. The Design-Builder shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. F-32 MANUFACTURER'S REFERENCE:Catalog, brand names,and manufacturer's references are descriptive,not restrictive. Bids on brands of like nature and quality will be considered. Design-Builder shall inform the City of any substitutions intended for the Project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Design-Builder to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Design-Builder, the Design-Builder will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accepted",the City will accept no alternates to the specified equipment. SECTION G CONTRACT TIME G-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner The date of commencement of the Work is the date established in the Notice to Proceed. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager,and no other form of acceptance will be binding upon the Owner. A calendar day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday, regardless of whether a"Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by'the Building Construction Manager with final approval by City of Fort Worth. A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Design-Builder permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Design-Builder from working on Saturdays if he so desires. Legal holidays are defined as General Conditions for Facility Construction(Design-Build) Page 14 of 26 Sixth Patrol Division Facility(July 2016) being New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, and Veteran's Day. G-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract. The Design-Builder shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall substantially complete it within the Contract Time, subject to adjustments of the Contract Time as permitted by the Contract Documents. G-3 DELAYS AND EXTENSIONS OF TIME. If the Design-Builder is delayed at any time in the progress of the Work by any act or neglect of the Owner,or by any employee of the Owner,or by any separate Design-Builder employed by the Owner, or by changes ordered in the Work, or by labor disputes,fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Design-Builder's control,then the contract time may be extended by Change Order for such reasonable time as recommended and approved by the Owner. When the Design-Builder is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them,and not then unless such a claim is reasonable. G-4 NO DAMAGE FOR DELAY. No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the Design-Builder for damages because of hindrances or delays from an cause in the progress of the work,whether such hindrances or delays be avoidable or unavoidable, and the Design-Builder agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time. SECTION H PAYMENTS AND COMPLETION H-1 GUARANTEED MAXIMUM PRICE AND DESIGN-BUILDER FEE.The Guaranteed Maximum Price("GMP")as stated in the contract Documents is the maximum amount potentially payable by the Owner to the Design-Builder for the Design and Construction Services provided under the Agreement. The Design-Builder will be reimbursed as provided in Article 2(A)of the Agreement. Under no circumstances shall the amount paid by Owner to the Design-Builder exceed the GMP. H-2 SCHEDULE OF VALUES. Once the GMP has been established,the Design-Builder shall submit to the Building Construction Manager a Schedule of Values of the various portions of the Work, including quantities if required by the Building Construction Manager, aggregating the total GMP divided so as to facilitate payments to Subcontractors, prepared in such form as specified or as the Building Construction Manager and the Design-Builder may agree upon,and supported by such data to substantiate its correctness as the Building Construction Manager may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Owner,shall be used as a basis for the Design-Builder's Applications for Payment. H-3 ADJUSTMENT OF QUANTITIES. (NOT USED) H-4 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed,the Design-Builder will make current estimates in writing for review by the Owner of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Design-Builder of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Design-Builder warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Design-Builder,free and clear of all liens,claims,security interests or encumbrances hereinafter referred to as"liens";and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Design- Builder, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Design-Builder or such other person. General Conditions for Facility Construction(Design-Build) Page 15 of 26 Sixth Patrol Division Facility(July 2016) The Design-Builder shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment",and attached thereto AIA Document G703,"Continuation Sheet",to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. H-5 CERTIFICATES FOR PAYMENT. If the Design-Builder has made Application for Payment as above, the Owner will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the Design-Builder, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the Building Construction Manager's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated;that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate);and recommendations to the Owner that the Design-Builder be paid in the amount certified. The Owner shall approve or disapprove the Application for Payment within ten days after it has been delivered to the Director of the Department of Transportation and Public Works. The Owner will retain 5% of each estimate for Construction Phase Services until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment,nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Design-Builder of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Design- Builder shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. H-6 PAYMENTS WITHHELD. The Building Construction Manager may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the Design-Builder to make payments properly to Subcontractors, or for labor, materials or equipment after receipt of like payment from Owner. 4) Reasonable doubt that the Work can be completed for the unpaid balance of the GMP 5) Damage to another Design-Builder; 6) Reasonable indication that the Work will not be completed within the Contract Time;or 7) Unsatisfactory prosecution of the Work by the Design-Builder. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Design-Builder fails to perform the Work in accordance with the specifications. H-7 LIQUIDATED DAMAGES:The deduction for liquidated damages for this project is$980.00 per calendar day. H-8 FAILURE OF PAYMENT If, without fault on the part of the Design-Builder, the Building Construction Manager should fail to issue any Certificate for Payment within seven days after receipt of the Design-Builder's Application for Payment,or if,without fault on the part of the Design-Builder,the Owner should fail to approve such estimate,or to pay to the Design-Builder the amount thereof less authorized retainage, within the period of time specified, then the Design- Builder may, upon seven (7) days additional provide written notice to the Owner, stop the Work until payment of the amount owing has been received. H-9 SUBSTANTIAL COMPLETION AND FINAL PAYMENT Prior to the request for final payment,the Design-Builder must meet all provisions for Project Closeout. When the Design-Builder determines that the Work is substantially complete,the Construction Inspector shall inspect the project with the Design-Builder and prepare a"Preliminary Punch List". When the Owner,on the basis of a subsequent inspection, determines that the Work is substantially complete,the owner will prepare a Certificate of Substantial Completion which shall allow the Design-Builder to request a Certificate of General Conditions for Facility Construction(Design-Build) Page 16 of 26 Sixth Patrol Division Facility(July 2016) Occupancy. The date of the Certificate of Occupancy will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the Owner and the Design-Builder for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a "final punch list". The Design-builder shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Substantial Completion and Certificate of Occupancy has been issued, the retainage may be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2.5%. Should the Design-Builder fail to complete all contractual requirements of the contract,including submittals and final pay request within the fixed time,the contract time will again commence. Should the Design-Builder fail to complete the work within the contract duration,liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Design-Builder. The Design-Builder shall submit to the City and obtain from the City,as applicable,the following items prior to requesting final payment: 1) Design-Builder's Affidavit of Payment of Debts and Claims(G706)stating that all payrolls,bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) Design-Builder's Affidavit of Release of Liens(G706A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts, releases, and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner. 5) Design-Builder's Warranty 6) Statement that all outstanding work has been completed 7) Obtain Certificate of Substantial Completion 8) Obtain final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a Design-builder's Affidavit of Release of Liens, the Design-Build may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made,then the Design-Builder shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim or lien,including all costs and reasonable attorney's fees. The Design-Builder may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Design-Builder except those previously made in writing and still unsettled. The Design-Builder's one-year warranty will commence upon issuance of a Certification of Substantial Completition by the City of Fort Worth. The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days following the final acceptance. H-10 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION I PROTECTION OF PERSONS AND PROPERTY 1-1 SAFETY PRECAUTIONS AND PROGRAMS The Design-Builder shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Design-Builder shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Design-Builder's superintendent unless otherwise designated in writing by the Design-Builder to the Owner. 1-2 SAFETY OF PERSONS AND PROPERTY. The Design-Builder shall take all reasonable precautions for the safety of,and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care,custody or control of the Design-Builder or any of his Subcontractors;and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. General Conditions for Facility Construction(Design-Build) Page 17 of 26 Sixth Patrol Division Facility(July 2016) Until acceptance of the Work, it shall be under the charge and care of the Design-Builder, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work.The Design-Builder shall rebuild,repair,restore and make good, at his own expense,all injuries or damages to any portion of the Work occasioned by any of the above, caused before its completion and acceptance. The Design-Builder's obligation to rebuild, repair, restore, or make good excludes remedy for injuries or damages caused by abuse by the Owner or the Owner's separate contractors or modifications made by the Owner or the Owner's separate contractor's. The Design-Builder shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain,as required by existing conditions and progress of the Work,all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Design-Builder shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Design- Builder,any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Design-Builder, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable,and not attributable to the fault or negligence of the Design-Builder or anyone claiming through the Design-Builder for such damage or loss. The Design-Builder shall not load or permit any part of the Work to be loaded so as to endanger its safety. 1-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Design-Builder, employee and visitor at any construction site included in the Contract will be required to wear a hard hat.The Design-Builder shall enforce the wearing of hard hats by Design-Builder, employees and visitors. Design-Builder shall provide ten hard hats for use by visitors. 1-4 EMERGENCIES. In any emergency affecting the safety of persons or property,the Design-builder shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Design-Builder on account of emergency work shall be determined as provided in Changes in the Work. 1-5 SAFE WORK PRACTICES. The Design-Builder shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. The Design-Builder shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work,the Design-Builder shall remove all his wastes and rubbish from and about the work area,as well as his tools,equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. 1-6 TRENCH SAFETY.The Design-Builder shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the Design-Builder shall include a per unit cost for trench safety measures in his bid. If not included in the Proposal, the Design-Builder shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION J-INSURANCE J-1 INSURANCE REQUIRED. The Design-Builder shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Design-Builder allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an"additional insured"on all policies except Worker's Compensation. J-2 WORKERS'COMPENSATION INSURANCE: 1) General a) Design-Builder's Worker's Compensation Insurance. Design-Builder agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Design-Builder has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Design-Builder agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on General Conditions for Facility Construction(Design-Build) Page 18 of 26 Sixth Patrol Division Facility(July 2016) the project. Design-Builder will not permit any subcontractor to perform work on the project until such certificate has been acquired. Design-Builder shall provide a copy of all such certificates to the Owner(City). c) By signing this contract or providing or causing to be provided a certificate of coverage, the Design-Builder is representing to the City that all employees of the Design-Builder who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Design-Builder to administrative penalties,criminal penalties,civil penalties or other civil actions. d) The Design-Builder's failure to comply with any of these provisions is a breach of contract by the Design-Builder which entitles the City to terminate the contract if the Design-Builder does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Design- Builder's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the Design-Builder has undertaken to perform on the project, regardless of whether that person contracted directly with the Design-Builder and regardless of whether that person has employees. This includes,without limitation,independent Design-Builders,Subcontractors, leasing companies,. motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries,and delivery of portable toilets. 3) Requirements a) The Design-Builder shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the Design-Builder providing services of the project,for the duration of the project. b) The Design-Builder must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Design-Builder's current certificate of coverage ends during the duration of the project,the Design-Builder must, prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended. d) The Design-Builder shall obtain from each person providing services on a project,and provide to the City: i) A certificate of coverage, prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and ii) No later than seven days after receipt by the Design-Builder, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Design-Builder shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Design-Builder shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the Design-Builder knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Design-Builder shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered,and stating how a person may verify coverage and report lack of coverage. h) The Design-Builder shall contractually require each person with whom it contracts to provide services on a project,to: i) Provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; General Conditions for Facility Construction(Design-Build) Page 19 of 26 Sixth Patrol Division Facility(July 2016) ii) Provide to the Design-Builder, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii) Provide the Design-Builder,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) Obtain from each other person with whom it contracts,and provide to the Design-Builder: (1) A certificate of coverage,prior to the other person beginning work on the project;and (2) A new certificate of coverage showing extension of coverage,prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) Notify the City in writing by certified mail or personal delivery,within ten(10)days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project;and vii) Contractually require each person with whom it contracts, to perform as required by paragraphs h-i) -vii), with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage. a) The Design-Builder shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." J-3 LIABILITY INSURANCE. The Design-Builder shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him, the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract,including blasting,when blasting is done on,or in connection with the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage.Coverage shall be on"any auto"including leased,hired,owned,non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office(ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the Design-Builder, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. J-4 BUILDER'S RISK INSURANCE. Unless stated otherwise in the Proposal or Invitation, the Design-Builder shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot,explosion,civic commotion,smoke,aircraft,land vehicles,vandalism,and malicious mischief,at a limit equal to 100% of the Contract Sum. General Conditions for Facility Construction(Design-Build) Page 20 of 26 Sixth Patrol Division Facility(July 2016) The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders,the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Design-Builder or his agents shall be covered. Upon completion of the Work, the Design-Builder shall notify the City of Fort Worth in writing before terminating this insurance. J-5 PROOF OF CARRIAGE OF INSURANCE. The Design-Builder shall provide a certificate of insurance documenting the Transportation and Public Works Department,City of Fort Worth as a"Certificate Holder",and noting the specific project(s) covered by the Design-Builder's insurance as documented on the certificate of insurance. More than one certificate may be required of the Design-Builder depending upon the agents and/or insurers for the Design-Builder's insurance coverages specified for the project(s). J-6 OTHER INSURANCE RELATED REQUIREMENTS. 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Design-Builder and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A-:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion,a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self insured retentions exceeding$10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Design-Builder shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract.Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled,upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Design-Builder shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Design-Builder shall provide such coverage on the Design-Builder's Subcontractors. 13) Insurance obtained by Design-Builder shall include coverage for errors and omissions in the design and construction of the Project. SECTION K CHANGES IN THE WORK K-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions,the GMP and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. General Conditions for Facility Construction(Design-Build) Page 21 of 26 Sixth Patrol Division Facility(July 2016) A Change Order is a written order to the Design-Builder signed by the Design-Builder and Owner, issued after the execution of the Contract, authorizing a Change in the Work or adjustment in the GMP or the Contract Time. The GMP and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions,or by request of either the Design-Builder or the City,shall be coordinated with the Director, Property Management Department. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change Order shall be the actual cost to be incurred or deducted as the case might be multiplied by the allowance for contractual fees. If after the contract has been executed, the Owner, requests a price proposal from the Design-Builder for a proposed change in scope of the work, Design-Builder shall process such proposal within seven days of receipt and return the price quote to the Owner in writing. The Owner shall review the price quotation, and recommend approval or attempt to negotiate with the Design-Builder to revise the proposal. If the negotiations do not result in an equitable solution, the Owner shall prepare a cost-plus type Change Order with a price-not-to-exceed figure and require specific documentation to be provided by Design-Builder in accordance with the paragraph above. Design-Builder is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over$100,000.Normal processing time for the City Staff to obtain City Council approval,once the recommended change order has been received at the City, is approximately thirty days. Owner and Design-Builder shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. The Design-Builder is not required to perform any work on Change Orders over $100,000 until the Owner has provided evidence that the City Council has approved the Change Order. If the Design-Builder claims that additional cost or time is involved because of (1) any order by the Owner to stop the Work pursuant to Section B-6,where the Design-Builder was not at fault,or(2)any written order for a minor change in the Work,the Design-Builder shall make such claim. K-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the Design-Builder wishes to make a claim for an increase in the GMP or an extension in the Contract Time, he shall give the Owner written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the Design-Builder before proceeding to execute the Work, except in an emergency endangering life or property in which case the Design-Builder shall proceed in accordance with Section I. No such claim shall be valid unless so made. Any change in the GMP or Contract Time resulting from such claim,if approved by the Owner,shall be authorized by Change Order. K-3 FIELD ORDERS. The Building Construction Manager may issue written Field Orders which interpret the Contract Documents,or which order minor changes in the Work without change in GMP or Contract Time, provided such Field Orders do not increase the Design-Builder's cost of performance or extend the Design-Builder's time of performance.The Design-Builder shall carry out such Field Orders promptly. SECTION L UNCOVERING AND CORRECTION OF WORK L-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner, it must be uncovered for observation and replaced,at the Design-Builder's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the Architect or the Owner may request to see such work and it shall be uncovered by the Design-Builder. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications,the Design-Builder shall pay such costs unless it be found that this condition was caused by a separate Design-Builder employed by the Owner. L-2 CORRECTION OF WORK. The Design-Builder shall promptly correct all work which is defective or fails to conform to the Plans and Specification upon rejection of the same by Owner whether observed before or after Substantial Completion and.whether or not fabricated, installed or completed. The Design-Builder shall bear all costs of correcting such rejected Work,including the cost of the Architect's additional service thereby made necessary. If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents,the Design-Builder shall correct it promptly after receipt of a written notice from the Owner to do so,unless the Owner has previously given the Design-Builder a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary,and the work shall be corrected to comply with the Contract Documents without cost to the Owner. General Conditions for Facility Construction(Design-Build) Page 22 of 26 Sixth Patrol Division Facility(July 2016) The Design-Builder shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Design-Builder does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Owner,the Owner may remove it and may store the materials or equipment at the expense of the Design- Builder. If the Design-Builder does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs that should have been borne by the Design-Builder including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Design-Builder should have borne, the difference shall be charged to the Design-Builder and an appropriate Change Order shall be issued. If the payments then or thereafter due the Design-Builder are not sufficient to cover such amount,the Design-Builder shall pay the difference to the Owner. If the Design-Builder fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section F. The obligation of the Design-Builder under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. Prior to occupancy of the Project by the Owner the Design-Builder's obligations under this paragraph M-2 exclude remedy for defect or nonconformance caused by (i) abuse by the Owner or the Owner's separate contractors, or (ii) modifications made by the Owner or the Owner's separate contractors. Notwithstanding any other provisions of the Contract Documents, after occupancy of the Project by the Owner the Design-Builder's obligations under this paragraph M-2 exclude remedy for defect or nonconformance caused by(i)abuse, (ii)modifications not executed by the Design-Builder, (iii)improper or insufficient maintenance,(iv)improper operation,(v)normal wear and tear,or(vi)normal usage. L-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK. If the Owner prefers to accept defective or non-conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the GMP, or, if the amount is determined after final payment, any such amount in excess of the GMP shall be paid by the Design-Builder. SECTION M TERMINATION OF THE CONTRACT M-1 TERMINATION BY THE DESIGN-BUILDER. If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the Design-Builder or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Design-Builder,or if the work should be stopped for a period of 30 days by the Design-Builder for the Owner's failure to make payment thereon as provided in Section H,then the Design-Builder may after the end of such period of 30 days and upon ten calendar additional days'written notice to the Owner,terminate the Contract. After termination as above, the City will pay the Design-Builder a proportionate part of the GMP based on the work completed;provided, however,that the amount of payment on termination shall not exceed the total GMP as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, if any, otherwise made. Design-Builder shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract,but subject to de novo review by a court. M-2 TERMINATION BY THE OWNER. If the Design-Builder is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Design- Builder refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials,or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy terminate the employment of the Design-Builder and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Design-Builder and may finish the work by whatever method he may deem expedient. In such case the Design-Builder shall not be entitled to receive any further payment until the Work is finished.Termination shall be effective upon receipt of notice of termination by the Design-Builder and his surety. If the costs of finishing the Work,including compensation for an Architect's additional services,exceed the unpaid balance of the GMP,the Design-Builder shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part,whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Design-Builder a notice of termination General Conditions for Facility Construction(Design-Build) Page 23 of 26 Sixth Patrol Division Facility(July 2016) specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Design-Builder shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Design-Builder a proportionate part of the GMP based on the work completed;provided, however,that the amount of payment on termination shall not exceed the total GMP as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, if any,otherwise made. Design-Builder shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract,but subject to de novo review by a court. SECTION N SIGNS The Design-Builder shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the Design-Builder's Base Bid for the Project. SECTION O TEMPORARY FACILITIES 0-1 SCOPE. The Design-Builder shall furnish,erect,and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. 0-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project,subject to reasonable directions by the Design-Builder as to their proper and most efficient utilization. 0-3 MAINTENANCE AND REMOVAL. The Design-Builder shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. 0-4 FIELD OFFICES AND SHED. The Design-Builder is not required to provide a temporary field office or telephone for projects under$1,000,000. Design- Builder shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Design-Builder shall provide a temporary field office building for himself, his Subcontractors and Architect. For construction contracts with a bid price in excess of$1,000,000.00,the Design-Builder shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Design-Builder shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. The Design-Builder shall provide and maintain storage sheds, other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed,or as directed. 0-5 TELEPHONE. The Design-Builder shall provide and pay for telephone installation and service to the field offices described above.Service shall be maintained for the duration of operations under this contract.The Design-Builder shall provide for and pay for an automatic telephone-answering device at the site office for the duration of the project. Design-Builder will install separate fax lines and instruments for the City and the Design-Builder. General Conditions for Facility Construction(Design-Build) Page 24 of 26 Sixth Patrol Division Facility(July 2016) 0-6 TOILET FACILITIES. The Design-Builder shall provide proper,sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. 0-7 UTILITIES. Design-Builder shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Design-Builder shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Design-Builder will be billed on this actual use. The Design-Builder shall provide all labor and materials required to tap into the utilities. The Design-Builder shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies,etc.will be available to the Design-Builder. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required.Temporary,electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Li r . Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. 0-8 HEATING. Heating devices required under this paragraph shall not be electric. The Design-Builder shall provide heat,ventilation,fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes.All such heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the Design-Builder shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period,provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7)days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F. 0-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION. The Design-Builder shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment,rubbish chutes,ladders to roof,barricades around openings,and all other temporary work as required to complete all work of the Contract. Design-Builder shall coordinate the use and furnishing of scaffolds with his sub- contractors. The Design-Builder shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations,ordinances,laws and other requirements of the authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard. The Design-Builder shall provide and maintain pumping facilities, including power, for keeping the site, all times,whether from underground seepage,rainfall,drainage of broken lines. The DESIGN-BUILDER shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible,maintain a night The Design-Builder shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements,dusts,and other disturbances as a result of work under this Contract.Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. General Conditions for Facility Construction(Design-Build) Page 25 of 26 Sixth Patrol Division Facility(July 2016) 0-10 PROJECT BULLETIN BOARD. The Design-Builder shall furnish, install and maintain during the life of the project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking.The bulletin board shall be mounted where and as approved by the Owner, in a prominent place accessible to employees of the Design-Builder and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the Design-Builder and shall be removed by him upon completion of the Contract work.The following information which will be furnished by the City to the Design-Builder, shall be posted on the bulletin board and shall be maintained by the Design-Builder in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOL 155),with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION P VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County, Texas. General Conditions for Facility Construction(Design-Build) Page 26 of 26 Sixth Patrol Division Facility(July 2016) CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-37925 FPI Builders, LLC Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 04/11/2016 being filed. City of Fort Worth Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. PMD2015-13 Proposed new construction of FWPD 6th Patrol Division Facility 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Drake, Kevin Fort Worth,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. VLV P&• ZACHARY JOSEPH MILLER , !r •`�s Notary Public,State of Texas u.• •'� Comm.Expires 01-20-2020 v--- 4 � Notary iD 130503519 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE C Swo to and subscribed before me,by the said J• this the I� day of 20 ,to certify which,witness my hand and seal of office. l g naf of officer administering oath Printed name officer administering oath Title o officer administeri oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.645 TUCKER AGENCY BONDS & INSURANCE April 18, 2016 Mr. Brian R. Glass, AIA Architectural Service Manager Property Management Department City of Ft Worth 401 W 13`h Street Ft Worth, TX 76102 Re: FPI Builders, LLC —The 6 1 Patrol Division Facility Dear Mr. Glass, FPI Builders, LLC is a valued client of the Tucker Agency, Ltd. It is our privilege to handle their surety needs through the North American Specialty Insurance Company (A+XV). Their regular bonding capacity would include single projects exceeding $10 million with an aggregate limit of$15 million. NAS would give favorable consideration as to providing the necessary Performance and Payment Bonds required should our client be awarded a contract. Their consideration to provide such bonds is, of course, predicated on the review of the contract, bond forms, complete and final financing for the project along with other underwriting requirements. You understand, of course,that any arrangement for the final bonds is a matter between the contractor and ourselves and we assume no liability to third parties or to you, if due to any unforeseen c' cumstances, we do not execute such bonds. g rel in r Tucker gency, Ltd. /re Web: tuckeragency.com Office: 817.336.8520 Address: 900 Summit Ave. Fort Worth, TX 76102 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 4/19/2016 DATE: Tuesday, April 19, 2016 REFERENCE NO.: C-27689 LOG NAME: 21SIXTH PATROL FACILITY DESIGN BUILD SUBJECT: Authorize Acquisition of a Fee Simple Interest in Approximately 9.67 Acres of Land Located at 8795 Old Denton Road From Billy Jack Pemberton in the Amount of $2,527,350.00 and Pay Estimated Closing Costs Up to $25,273.00 for a Total Cost of $2,552,623.00, Authorize Acquisition of a Fee Simple Interest in Approximately 2.54 Acres of Land Located at 8755 Old Denton Road From Wendy and Lynton Holloway in the Amount of$874,075.00 and Pay Estimated Closing Costs Up to $8,741.00 for a Total Cost of $882,816.00, Authorize Execution of a Design-Build Contract With FPI Builders, LLC, for a Fee of 1.86 Percent for Design and 3.24 Percent for Construction of the To-Be-Established Guaranteed Maximum Price Within a Budget of$7,500,000.00, to Design and Build the Fort Worth Police Department's New Sixth Patrol Division Facility and Authorize an Owner's Construction Contingency Allowance in the Amount of $562,500.00 for Unforeseen Construction Costs (COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the acquisition of a fee simple interest in approximately 9.67 acres of land located at 8795 Old Denton Road from Billy Jack (B.J.) Pemberton in the amount of $2,527,350.00; 2. Authorize the City Manager or his designee to execute the necessary documents to effect the purchase of the 9.67 acre parcel above, record the appropriate instruments and pay the estimated closing costs up to $25,273.00; 3. Authorize the acquisition of a fee simple interest in approximately 2.54 acres of land located at 8755 Old Denton Road from Wendy and Lynton Holloway in the amount of$874,075.00; 4. Authorize the City Manager or his designee to execute the necessary documents to effect the purchase of the 2.54 acre parcel above, record the appropriate instruments and pay the estimated closing costs up to $8,741.00; and 5. Authorize execution of a Design-Build Contract with FPI Builders, LLC, for a fee of 1.86 percent for design and 3.24 percent for construction of the to-be-established Guaranteed Maximum Price within a budget of$7,500,000.00 to design and build the Fort Worth Police Department's new Sixth Patrol Division Facility and authorize an Owner's construction contingency allowance in the amount of $562,500.00 for unforeseen construction costs. DISCUSSION: Since the year 2000, the City of Fort Worth has added approximately 135,000 people and 39 square miles to the area north of Loop 820. Because population and development continue to increase at a rapid pace, a new police patrol division facility is necessary in the area north of Loop 820. Fort Worth is currently divided into five patrol divisions. The existing North Patrol Division headquarters is located south of Loop Logname: 21 SIXTH PATROL FACILITY DESIGN BUILD Page I of 4 820 with two small police facilities that are located north of Loop 820. The closest patrol division facility to areas north of Loop 820 is located at 4651 N. Main Street, which requires police personnel to travel longer distances to reach assigned patrol areas. Calls for service response times are highest in the far northern portions of Fort Worth. The City is planning to realign the patrol division boundaries and create a new sixth division that the proposed facility would serve. Staff determined that the design-build method of project delivery provided the City with the most expedient means of completion for this project. Successful design-build teams were also required to provide a suitable site location. A Request for Qualifications was advertised in the Fort Worth Star-Telegram on October 29, 2015 and November 5, 2015. The City received seven responses from qualified design-build teams. A selection team comprised of members of the Police Department and the Property Management Department reviewed the responses and selected the following three design-build teams, to submit proposals for final selection: • FPI Builders, LLC (FPI & GFF team) • Thomas S. Byrne & Komatsu Architecture (Byrne & Komatsu) • Turner Construction & Perkins+Will (Turner& Perkins Will) Notifications were sent to the three selected teams on December 16, 2015. Proposals were received on January 21, 2016 and interviews were conducted on January 25, 2016. After ranking the proposals and holding interviews, the selection team determined that the FPI & GFF team's proposal with the Pemberton site offered the best value to the City. The Pemberton site is located on Old Denton Road north of Tarrant Parkway. City staff is recommending that the City purchase approximately 2.54 acres of the Holloway property. This will allow the City to have approximately 12 acres of land for the new Sixth Patrol Division Facility. SCORING MATRIX TABLE: FPI & _[K Byrne & Byrne & FPI Turner & Team Name GFF FPI & GFF omatsu Komatsu &GFF Perkins Will Site Name Holloway Pemberton Ironwood Hillwood Hillwood Hillwood Proposed Fees 17 — 1 17 F—20 18 F 17 F-10 Proposed Schedule — 8 8 10 J� 10Y 8 �9 Rep utation/Ex erience 9 9 8 8 F 9 7 Relationship with City 1 9 I 9 8 F 8 ! 9 7 Proposed Land --33 - _._._.-33-- --�— 22 24 - � 24 24� M/WBE Review 12 12 r 15 15 12 1 F— TOTALS 84 - j— 84 ---� 83 (�83 75 56 An An independent appraisal and environmental assessment (Phase 1) were performed on the properties. Upon approval of this Mayor and Council Communication (M&C), Staff will proceed with acquiring the fee simple interest except for the mineral estate for the properties listed below. The deed to the City will contain a surface waiver for the exploration of the mineral estate. Logname: 21 SIXTH PATROL FACILITY DESIGN BUILD Page 2 of 4 Owner Property Legal rProperty [Acreage F Amount Address Description i Interest Billy Jack 8795 Old WM McCowans (B.J.) Denton Survey, Abs 999, Simple —9.67 $2,527,350.00 Pemberton Road Tr 1C01A Wendy and 8755 Old [Wm- McCowans Lynton Denton Survey, Abs 999, FFee l e 2.54 $ 874,075.00 Holloway Road Tr 1 C01 B Sub Total $31401,425.00 Closing $ 34,014.00 Cost (----------- Total Land i$3,435,439.00 Cost The overall budget for the purchase of the land, design and construction of the Fort Worth Police Department's new Sixth Patrol Division Facility is as follows: Description f ��mount Land Acquisition V — $ 3,435,439.00 Design Build Cost $ 7,500,000.00 Owner's Construction Contingency Allowance $ 562,500.00 Utilities and Impact Fees 420,000.00 Fixtures Furnishing & Equipment (FF&E) 975,000.00 Materials Testing, Survey, IT, Security, Contingency, Allowances, $ 1,107,061.00 etc. Total Project Budget $14,000,000.00 In accordance with the City Code, Section 109.2.1, this project is exempt from Building and Trade Permit Fees. Funding for this project was included in the Fiscal Year 2016 Police Capital Improvement Plan (M&C G- 18625 approved December 15, 2015). Design will commence subsequent to approval of this M&C. The FPI & GFF design-build team will provide Staff with a Guaranteed Maximum Price (GMP) prior to formal construction activities commencing. Limited site grading, subsurface utility exploration or similar pre- construction activities may be undertaken during the development of or to facilitate the GMP. Construction is estimated to begin November 2016 with an estimated completion of November 2017. Significant changes in project scope will be brought to the City Council for consideration. M/WBE OFFICE - FPI Builders, LLC, is in compliance with the City's BIDE Ordinance by committing to 27 percent SBE participation on the design phase and 25 percent MBE participation on the construction phase of this design-build project. The City's SBE goal on the design phase is 15 percent and the City's MBE goal on the construction phase is 20 percent. Logname: 21 SIXTH PATROL FACILITY DESIGN BUILD Page 3 of 4 This project is located in COUNCIL DISTRICT 4. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that appropriations are available in the Crime Control Prevention District Capital Projects Fund, Sixth Patrol Division Facility Project for the above recommendations. FUND IDENTIFIERS (FIDs): TO ru�Department Accoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department Account Project ProgramActivity Budget Reference # Amount ID ID Year Chartfield 2 1 36001 0350420 5710010 100108 000940 2016 $3,435,439.00 5) 1360011 0350420 153305001 100108 1 000940 1 2016 1 1$8,062,500.00 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Steve Cooke (5118) Additional Information Contact: Brian Glass (8088) ATTACHMENTS 1. FPI Builders SAM Search Results.pdf (CFW Internal) 2. FPI Form 1295 Certificate 100039636 NOTARIZED 4.11.pdf (Public) 3. General Area Map 6thDivision Facility Land Options.pdf (Public) 4. PMD-2015-13 FPI Builders LLC.pdf (CFW Internal) 5. Project 100108 Budget Summary - Sixth Patrol Division Facility.JPG (CFW Internal) Logname: 21 SIXTH PATROL FACILITY I)ESIGN BUILI) Page 4 of 4 SAM Search Results List of records matching your search for Search Term : FPI* Builders" Record Status: Active No Search Results —:1— nnq c O-QC null Donn 1 .,f 1 f; 35V11 . c- �W! t IM "Mill,Ral IRON A:. • S�t {tend 4" < rya �:.� � {� � ���, � ��r ����>' T����3�• x ysxv 6� � IM rr a � L CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M& C" BEFORE LEGAL. AND CITY MANAGER APPROVAL. To: Alfonso Meza (underline appropriate one P ct Manager Buyer Department Director From' pertl;%I Jean_W, f%n 2-422-267-9 MNVBE Office Staff Extension Date: April 4, 2016: Design Award Amount of$685,165.00 PMD-2015-13 Estimated Construction Award Amount of$6,814,835.00 DOE/Pro'ect No(s), Project/Bid: Design-Build of the Sixth Patrol Division Facility for the City of Fort Worth Police Department 1. Compliance with the City's BDE Ordinance has been achieved by one of the following methods: a) FPI Builders, LLC is in compliance with the City's BDE Ordinance by committing to 27 % SBE participation on the design phase and 25 % MBE participation on the construction phase of this design-build project. The City's SBE goal on the design phase is 15 %and the City's MBE goal on the construction phase is 20%. b) is in compliance with the City's BDE Ordinance by committing to % DBE participation and documenting good faith effort. The City's BDE goal on this project is C) is in compliance with the City's BDE Ordinance by documenting good faith effort. The City's BDE goal on this project is % d) is in compliance with the City's BDE Ordinance by submission of the prime contractor waiver form. The City's BDE goal on this project is 2. The apparent low dollar bidder(s)did not comply with the City's BDE Ordinance because: Rev. 414116 i 4-4 i N 00 0 0 4 o 0 0 o N o 0 4 o ei o d o a f Sar: VJ 0 4 O M Ci li M yC.•�, O O bpq P //�•�� 0 4 m m 4 m m O 4 W O 1, In � c0 cC m N i':, O U d 6i m CY) Ol co OI O 4 C7 rn of [n Of Of p CD Cd o; f�,"_•,�� 0 0 0 m co � � au co ;f C) p W, V, O O O O pp C 4 O O Q N f k fiir:. �7 p [ [ 6, O O O O 0 4 0 o O O 0 O O WO � U j 0' e LU s3 d a C Ct i v J a N �r n - r N E3 Cd ce O G ► 4� a M '^ . w F 4 ti O m a O 1� LL Z p u w O y R w y dc N O a y LLI 6 U ry o 4 n ►�+ s m S IL a °Z U o CD CL :► = ao u a t tm Ln to yfiG �' � T. o n o 0 0 Client#: 99953 18FPIBU12 ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MWDD/YYYY) 8/09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wortham Insurance&Risk Mgmt. A N o Ext:817 336-3030 FAX No): 817 336-8257 1600 West Seventh Street E-MAIL ADDRESS: Fort Worth,TX 76102-2505 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Indian Harbor Insurance Company 36940 INSURED INSURER B: FPI Builders, LLC INSURER C 2116 Wenneca Avenue INSURER 0: Fort Worth,TX 76102 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MMIDD/YYYY GENERAL LIABILITY EACH OCCURRENCE_ $ _ COMMERCIAL GENERAL LIABILITY DAMAGE S Ea occurrence $ CLAIMS-MADE F]OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY JECT LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY TORY LIMIT IER ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? F—] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Contractors PECO048063 8/08/2016 12/31/2017 See Description Of Professional Operations For Pollution Liab. Limits DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES .(Attach ACORD 101,Additional Remarks Schedule,If more space is required) Contractors Professional/Pollution Liability Limits: $2,000,000 Policy Aggregate Limit Of Liability $1,000,000 Coverage A-Professional Liability: Limit Of Liability Each Act,Error Or Omission $2,000,000 Coverage A-Professional Liability:Aggregate Limit Of Liability $1,000,000 Professional Loss: Limit Of Liability Each Act,Error Or Omission (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Brian Glass ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE .�U11 • ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S689567/M689563 18TLM DESCRIPTIONS (Continued from Page 1) $2,000,000 Professional Loss:Aggregate Limit Of Liability $10,000 Self Insured Retention Amount: Each Act,Error Or Omission $1,000,000 Contractors Pollution Liability: Each Pollution Condition $2,000,000 Contractors Pollution Liability:Aggregate Limit Of Liability $1,000,000 Job Site: Each Pollution Condition $2,000,000 Job Site:Aggregate Limit Of Liability $10,000 Self Insured Retention Amount: Each Pollution Condition $500,000 Emergency Remediation Expense: Each Pollution Condition $500,000 Emergency Remediation Expense:Aggregate Limit Of Liability $10,000 Self Insured Retention Amount: Each Pollution Condition $1,000,000 Named Insured's Location: Each Pollution Condition $2,000,000 Named Insured's Location:Aggregate Limit Of Liability $10,000 Self Insured Retention Amount: Each Pollution Condition $1,000,000 Transportation: Each Pollution Condition $2,000,000 Transportation:Aggregate Limit Of Liability $10,000 Self Insured Retention Amount: Each Pollution Condition $1,000,000 Non-Owned Disposal Site: Each Pollution Condition $2,000,000 Non-Owned Disposal Site:Aggregate Limit Of Liability $10,000 Self Insured Retention Amount:Each Pollution Condition SAGITTA 25.3(2010/05) 2 of 2 #S689567/M689563 Client#: 99953 18FPIBU12 DATE(MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1 8109/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Wortham Insurance&Risk Mgmt. PHONE 817-336-3030 FAX 817-336-8257 A/C No Ext: A/C,No 1600 West Seventh Street E-MAIL ADDRESS: Fort Worth,TX 76102-2505 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Company 10677 INSURED FPI Builders LLC INSURER B:Texas Mutual Insurance Company 22945 INSURER C: 2116 Wenneca Ave. INSURER D Fort Worth,TX 76102 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTRR TYPE OF INSURANCE NSR WVD POLICY NUMBER MM/DIDNYYY MM/DDY/YYYY LIMITS ADDLISUBR A GENERAL LIABILITY EPP0283455 12/31/2015 12/31/2016 EACH OCCURRENCE $1000000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $500 000 CLAIMS-MADE FX_1 OCCUR MED EXP(Any one person) $10,000 X BI/PD Ded:$5,000 PERSONAL BADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY JECT LOC $ A AUTOMOBILE LIABILITY EBA0283455 12131/2015 12/31/201 Ea aaciden SINGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $X HIRED AUTOS X AUTOS Per accident A X UMBRELLA LIAB X OCCUR EPP0283455 1213112015 1213112016 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I I RETENTION$ $ B WORKERS COMPENSATION SBP0001277971 12/31/2015 12/31/201 X WC STATU- OTH- AND EMPLOYERS'LIABILITY ANFICEWM IETOR EXCLUDED?ECUTIVE[ N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space Is required) GA233 02/07-Contractors Commercial General Liability Broadened Endorsement AA4171 11105-Additional Insured By Contract AA4172 09/09-Waiver Of Subrogation-Auto WC420304B 06114-Texas Waiver of Our Rights to Recover from Others Endorsement CERTIFICATE HOLDER CANCELLATION City f Fort worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y o THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Brian Glass ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE .-r . .2Y t2th cn�`AM 1.P' ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S689566/M615419 18TLM This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIAE3ILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................2 2. Unintentional Failure to Disclose Hazards.........................................................................................7 3. Damage to Premises Rented to You.................................................................................................8 4. Supplementary Payments..................................................................................................................9 5. Medical Payments..............................................................................................................................9 6. Voluntary Property Damage(Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b. ................................9 7. 180 Day Coverage for Newly Formed or Acquired Organizations....................................................10 8. Waiver of Subrogation .....................................................................................................................10 9. Automatic Additional Insured -Specified Relationships: ...............................................................10 Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; • State or Political Subdivisions-Permits; and • Contractors' Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property..........................................14 11. Property Damage to Borrowed Equipment.......................................................................................14 12. Employees as Insureds-Specified Health Care Services: ...........................................................14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence.....................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage(Coverage a.)and Care,Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM a Area (For Limits in Excess of (For Limits in Excess of b Payroll $5,000) $5,000) c Gross Sales d Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the appli- cable limit of insurance 1. Employee Benefit Liability Coverage in the payment of a. The following is added to SECTION I judgments or settle- -COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform ads or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any ad, er- This insurance applies to ror or omission of the in- (b) damages only if the a sured, or of any other per- gently n e li- or omission, is son for whose acts the in- sured is legally liable, to gently committed in the which this insurance ap- administration of your ' plies. We will have the right employee benefit pro- and duty to defend the in- sured against any "suit' 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge a " INSURANCE; and claim or "suit' when any "author- 2) Our right and duty to ized representa- defend ends when we tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any daim arising out of your b) There is no other failure to comply with the applicable insur- mandatory provisions of any ance. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or disability benefits law or any This insurance does not apply similar law. to: (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of li- ability injury", "property ability imposed on a duci- ary by the Employee Re- damage" or "personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to Perform a Con- funds accrued or other col- tract lectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (j) Employment-Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, Failure of an invest- evaluation, reassign- 1) y ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions; or Your trustees are also in- sureds, but only with re- (4) C liability ty spect to their duties as trus- as a result of(1), (2) or tees. (3)above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authoriza- (3) Supplementary Payments tion to administer your "em- ployee benefit program" if SUPPLEMENTARY PAY- you die, but only until your MENTS -COVERAGES A AND legal representative is ap- B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II -WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the Dec- larations as: (3) Any organization you newly ac- quire or form, other than a part- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the con- which you maintain ownership or duct of a business of which majority interest, will qualify as a you are the sole owner. Named Insured if no other simi- lar insurance applies to that or- (b) A partnership or joint ven- ganization. However, coverage ture, you are an insured. under this provision: Your members, your part- ners, and their spouses are (a) Is afforded only until the also insureds but only with 180th day after you acquire respect to the conduct of or form the organization or your business. the end of the policy period, whichever is earlier; and (c) A limited liability company, you are an insured. Your (b) Does not apply to any act, members are also insureds, error or omission that was but only with respect to the committed before you ac- conduct of your business. quired or formed the organi- Your managers are insur- zation. eds, but only with respect to their duties as your manag- ers. As respects Employee Benefit Liabil- (d) An organization other than a ity Coverage, SECTION III - LIMITS partnership, joint venture or OF INSURANCE is deleted in its en- limited liability company, tirety and replaced by the following: you are an insured. Your (1) The Limits of Insurance shown "executive officers" and di- in Section B. Limits of Insur- rectors are insureds, but ance, 1. Employee Benefit Li- only with respect to their du- ability Coverage and the rules ties as your officers or direc- below fix the most we will pay tors. Your stockholders are regardless of the number of: also insureds, but only with respect to their liability as (a) Insureds; stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages sus- (c) Persons or organizations tained by any one "em- making claims or bringing ployee", including such "em- "suits"; ployee's" dependents and (d) Acts,errors or omissions; or beneficiaries, because of all acts, errors or omissions to (e) Benefits included in your which this insurance ap- "employee benefit pro- plies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured damages because of acts, errors against any "suits' or omissions negligently commit- seeking those dam- ted in the "administration" of ages; and your "employee benefit pro- 2) Your duties, and the gram". duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B.Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of plication of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or"suit"and, upon no- tification An act, error or omission; or of the action taken, ( ) you shall promptly reim- (b) A series of related acts, er- burse us for such part of the rors or omissions, regard- deductible amount as we less of the amount of time have paid. that lapses between such d. Additional Conditions acts, errors or omissions, As respects Employee Benefit Li- negligently committed in the ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as fol- However, the amount paid under lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted in its entirety and to the payment of benefits in any replaced by the following: plan included in the "employee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit a. You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam- deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or"suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this (2) Notify us as soon as practicable. method also. Under this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit"as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers received mit contribution by in connection with the claim or equal shares, we will "suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit'; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is en- insured because of an act, error titled to recovery under or omission to which this insur- any other insurance in ance may also apply. force previous to the ef- d. No insured will, except at that in- fective date of this sured's own cost, voluntarily make a Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs"; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro- will share with all that grams"; or other insurance by the method described in b. d. Effecting, continuing or below. terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab- tions; or a. Handling payroll deduc- sense programs, in- eluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transporta- coverage of insurance, tion and health dub including but not limited subsidies. to unemployment in- (2) The following definitions are de- surance, social security leted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- ceeding in which money 2. "Cafeteria plans" means damages because of an act, ble plan authorized by plo - error or omission to which ee law to allow "employ-s this insurance applies are to elect to pay for cer- alleged. "Suit" includes: tain benefits with pre-tax dollars. a. An arbitration proceed- 3. "Employee benefit pro- ing in which such dam- grams" means a program ages are claimed and to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro- ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- tal, vision and hearing sured submits with our plans; and flexible consent;or spending accounts; provided that no one c. An appeal of a civil pro- other than an "em- seeding. ployee" may subscribe to such benefits and 8. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave of those "employees" who absence or disabled, or re- satisfy the plan's eligi- tired. "Employee" includes bility requirements; a "leased worker". "Em- ployee" does not include a b. Profit sharing plans, "temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV-COMMERCIAL GENERAL subscription plans, pro- LIABILITY CONDITIONS, 7. Represen- vided that no one other tations is hereby amended by the addi- than an employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep- benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disdose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such C. Unemployment insur- failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You f) Nesting or infesta- tion, or discharge a. The last Subparagraph of Paragraph or release of 2. SECTION I - COVERAGES, waste products or COVERAGE A. - BODILY INJURY secretions, ct in- AND PROPERTY DAMAGE, 2. LI- sects, birds, ro- ABILITY Exclusions is hereby de- dents or other leted and replaced by the following: animals. Exclusions c. through q, do not apply (b) Loss caused directly or indi- to damage by fire, explosion, light- rectly by any of the follow- ning, smoke or soot to premises while rented to you or temporarily oc- cupied by you with permission of the 1) Earthquake, volcanic owner. eruption, landslide or any other earth move- b. The insurance provided under SEC- ment; TION I -COVERAGES, COVERAGE A. BODILY INJURY AND PROP- 2) Water that backs up or ERTY DAMAGE LIABILITY applies overflows from a sewer, to "property damage" arising out of drain or sump; water damage to premises that are both rented to and occupied by you. 3) Water under the ground surface pressing on, or (1) As respects Water Damage Le- flowing or seeping gal Liability, as provided in through: Paragraph 3.b.above: a) Foundations, The exclusions under SECTION walls, floors or I - COVERAGES, COVERAGE paved surfaces; A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- b) Basements, ITY, 2. Exclusions, other than L whether paved or War and the Nuclear Energy not; or Liability Exclusion, are deleted c) Doors, windows or and the following are added: other openings. This insurance does not apply (c) Loss caused by or resulting to: from water that leaks or (a) 'Property damage": flows from plumbing, heat- ing, air conditioning, or fire 1) Assumed in any con- protection systems caused tract;or by or resulting from freez- 2) Loss caused by or re- ing, unless: sulting from any of the 1) You did your best to following: maintain heat in the a) Wear and tear; building or structure;or b Rust, corrosion, 2) You drained the equipment and shut off fungus, decay, de- the water supply if the terioration, hidden heat was not main- or latent defect or tained. any quality in property that (d) Loss to or damage to: causes it to dam- age or destroy it- 1) Plumbing, heating, air self; conditioning, fire pro- tection systems, or c) Smog; other equipment or ap- d) Mechanical break- pliances; or down including 2) The interior of any rupture or bursting building or structure, or caused by cen- to personal property in trifugal force; the building or structure caused by or resulting e) Settling, cracking, from rain, snow, sleet shrinking or ex- or ice, whether driven pansion; or by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage"to property of others arising out of op- 6. Subject to 5. above, the erations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under (1) Damage is caused by the in- COVERAGE A. BODILY sured; or INJURY AND PROPERTY (2) Damage occurs while! in the in- DAMAGE LIABILITY, for sured's possession. damages because of "prop- erty damage" to premises With your consent, we will make while rented to you or tem- these payments regardless of fault. porarily occupied by you with permission of the b. Care, Custody or Control Liability owner, arising out of any Coverage one "occurrence" to which SECTION I - COVERAGES, COV- this insurance applies. ERAGE A. BODILY INJURY AND (3) The amount we will pay is lim- PROPERTY DAMAGE LIABILITY, ited as described in Section B. 2. Exclusions, j. Damage to Prop- Limits of Insurance, 3. Dam- erty, Subparagraphs (3), (4) and (5) age to Premises Rented to do not apply to "property damage"to You of this endorsement. the property of others described therein. 4. Supplementary Payments With respect to the insurance provided by Under SECTION I - COVERAGE, SUP- this section of the endorsement, the fol- PLEMENTARY PAYMENTS - COVER- lowing additional provisions apply: AGES A AND B: a. The Limits of Insurance shown in the a. Paragraph 2. is replaced by the fol- Declarations are replaced by the lim- lowing: its designated in Section B. Limits of Up to the limit shown in Section B. Insurance, 6. Voluntary Property Limits of Insurance, 4.a. Bail Bonds Damage and Care, Custody or of this endorsement for cost of bail Control Liability Coverage of this bonds required because of accidents endorsement with respect to cover- or traffic law violations arising out of age provided by this endorsement. the use of any vehicle to which the These limits are inclusive of and not Bodily Injury Liability Coverage ap- in addition to the limits being re- plies. We do not have to furnish placed. The Limits of Insurance these bonds. shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- b. Paragraph 4. is replaced by the fol- age and Care, Custody or Control lowing: Liability Coverage of this endorse- ment fix the most we will pay in any All reasonable expenses incurred by one "occurrence" regardless of the the insured at our request to assist number of: us in the investigation or defense of the claim or "suit", including actual (1) Insureds; loss of earnings up to the limit shown (2) Claims made or "suits" brought; in Section B. Limits of Insurance, or 4.b. Loss of Earnings of this en- dorsement per day because of time (3) Persons or organizations making off from work. claims or bringing"suits". 5. Medical Payments b. Deductible Clause The Medical Expense Limit of Any One (1) Our obligation to pay damages Person as stated in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) be- Insurance, 6. Voluntary Prop- low (hereinafter referred to as ertyy Damage and Care, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such deductible amount. (a) A written contract or agree- ment; or (2) Condition 2. Duties in the Event of Occurrence, Offense, (b) An oral agreement or con- Claim or Suit, applies to each tract where a certificate of claim or"suit" irrespective of the insurance showing that per- amount. son or organization as an additional insured has been (3) We may pay any part or all of issued, the deductible amount to effect settlement of any claim or "suit' is an insured, provided: and, upon notification of the ac- (a) The written or oral contract tion taken, you shall promptly re- or agreement is: imburse us for such part of the deductible amount as has been 1) Currently in effect or paid by us. becomes effective dur- 7. 180 Day Coverage for Newly Formed or ing the policy period; Acquired Organizations and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: 'occurrence" or offense to which this insurance Subparagraph a. of Paragraph 4. is would apply;and hereby deleted and replaced by the fol- (b) They are not specifically lowing: named as an additional in- a. Insurance under this provision is af- sured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- sureds under this endorsement, SECTION IV-COMMERCIAL GENERAL and insurance coverage pro- LIABILITY CONDITIONS, 9. Transfer of vided to such additional insureds Rights of Recovery Against Others to is limited as provided herein: Us is hereby amended by the addition of the following: (a) The manager or lessor of a premises leased to you with We waive any right of recovery we may whom you have agreed per have because of payments we make for Paragraph 9.a.(1) above to injury or damage arising out of your ongo- provide insurance, but only ing operations or "your work" done under with respect to liability aris- a written contract requiring such waiver ing out of the ownership, with that person or organization and in- maintenance or use of that cluded in the "products-completed opera- part of a premises leased to tions hazard". However, our rights may you, subject to the following only be waived prior to the 'occurrence" additional exclusions: giving rise to the injury or damage for which we make payment under this Cov- This insurance does not ap- erage Part. The insured must do nothing ply to: after a loss to impair our rights. At our 1) Any"occurrence" which request, the insured will bring "suit' or takes place after you transfer those rights to us and help us en- cease to be a tenant in force those rights. that premises. 9. Automatic Additional Insured - Speci- 2) Structural alterations, fied Relationships new construction or a. The following is hereby added to demolition operations SECTION II-WHO IS AN INSURED: performed by or on be- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 half of such additional solely for the pur- insured. pose of inspection, (b) Any person or organization demonstration, from which you lease testing, or the substitution of equipment with whom you under in- have agreed per Paragraph parts parts ions from the 9.a.(1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con- solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such inspec- leased to you by such per- tions, adjustments, son(s) or organizations(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence" which takes place normally under- after the equipment lease takes to make in expires. the usual course person or organization of business, in (c) Any P 9 connection with (referred to below as ven- the distribution or dor) with whom you have sale of the prod- agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily injury" or stallation, servic- "property damage" arising ing or repair op- out of"your products" which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to: after distribution or sale by you, have a) "Bodily injury" or been labeled or re- "property damage" labeled or used as for which the ven- a container, part or dor is obligated to ingredient of any pay damages by other thing or sub- reason of the as- stance by or for sumption of liabil- the vendor. ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in- apply to liability for sured person or organi- damages that the zation: vendor would have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac- by you; companying or containing such c) Any physical or products; or chemical change in the product b) When liability in- made intentionally cluded within the by the vendor; "products- completed opera- d) Repackaging, tions hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15 been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) above spect to such to provide insurance, but products. only with respect to liability (d) Any state or political subdi- arising out of "your work" performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a.(1) above to provide in- zation's status as an insured surance, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re- with respect to the following quired by the written con- hazards for which the state tract or agreement, but in no or political subdivision has event beyond the expiration issued a permit in connec- date of this Coverage Part. tion with premises you own, If there is no written contract rent or control and to which or agreement, or if no pe- this insurance applies: riod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nance, repair, construc- ganization's status as an in- tion, erection, or re- sured under this endorse- moval of advertising ment ends when your op- signs, awnings, cano- erations for that insured are pies, cellar entrances, completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decorations (a) Subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in- or jury" or "property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by bodily injury", 'property this insurance. damage" or 'personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad- agreed per Paragraph ditional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per- you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has issued a permit. 1) Defects in design fur- nished by or on behalf 2) This insurance does of the additional in- not apply to "bodily in- sured; or jury", "property dam- 2) The rendering of, or age" or personal and advertising injury" aris- failure to render, any ing out of operations professional architec- tural, engineering or performed for the state or political subdivision. surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 12 of 15 a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. and specifications; Other Insurance, b. and Excess Insurance; or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. tional insured as an additional insured by 3) "Your work" for which a attachment of an en- consolidated (wrap-up) dorsement to another insurance program has insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- paragraph Specific (f) above, SECTION III - Written Contract or LIMITS OF INSURANCE is amended to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para- written contract or agreement or in graph 9.a.(2)(f)above only: the Declarations of this Coverage If a written contract or Part, whichever are less. If no limits agreement between you are specified in the written contract or and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: plicable to the additional insured are those specified in the Declarations of a. Be provided by the In- this Coverage Part. The limits of in- surance Services Office surance are inclusive of and not in additional insured form addition to the limits of insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- t. SECTION IV -COMMERCIAL GEN- tion specified); or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition 5. Other Insurance is or amended to include: c. Include coverage for (a) Where required by a written "your work"; contract or agreement, this and where the limits or cov- insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- cally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and / or noncon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be interpreted (b) Any insurance provided by as providing the limits or this endorsement shall be coverage required by the terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 13 of 15 or agreement, but only to (c) Persons or organizations the extent that such limits or making claims or bring coverage is included within "suits". the terms of the Coverage Part to which this endorse- (2) Deductible Clause ment is attached. If, how- (a) Our obligation to pay dam- ever, the written contract or ages on your behalf applies agreement specifies the In- only to the amount of dam- surance Services Office ad- ages for each "occurrence" ditional insured form num- which are in excess of the ber CG 20 10 but does not Deductible amount stated in specify which edition, or Section B. Limits of Insur- specifies an edition that ance, 11. of this endorse- does not exist, Paragraphs ment. The limits of insur- 9.a.(3)(a) and 9.a.(3)(b) of ance will not be reduced by this endorsement shall not the application of such De- apply and Paragraph 9.b. of ductible amount. this endorsement shall ap- ply. (b) Condition 2. Duties in the Event of Occurrence, Of- 10. Broadened Contractual Liability-Work fense, Claim or Suit, ap- Within 50'of Railroad Property plies to each claim or "suit" It is hereby agreed that Paragraph f.(1)of irrespective of the amount. Definition 12. "Insured contract" (SEC- (c) We may pay any part or all TION V-DEFINITIONS) is deleted. of the deductible amount to 11. Property Damage to Borrowed Equip- effect settlement of any ment claim or"suit"and, upon no- tification of the action taken, a. The following is hereby added to Ex- you shall promptly reim- clusion j. Damage to Property of burse us for such part of the Paragraph 2., Exclusions of SEC- deductible amount as has TION I -COVERAGES, COVERAGE been paid by us. A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: 12. Employees as Insureds - Specified Health Care Services Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- It is hereby agreed that Paragraph ment loaned to you, provided they 2.a.(1)(d) of SECTION II - WHO IS AN are not being used to perform opera- INS ED, does not apply to your "em- tions at the time of loss. ployees" who provide professional health care services on your behalf as duly li- b. With respect to the insurance pro- censed: vided by this section of the endorse- ment, the following additional provi- a. Nurses; sions apply: b. Emergency Medical Technicians; or (1) The Limits of insurance shown in c. Paramedics, the Declarations are replaced by the limits designated in Section in the jurisdiction where an "occurrence" B. Limits of Insurance, 11. of or offense to which this insurance applies this endorsement with respect to takes place. coverage provided by this en- dorsement. These limits are in- 13. Broadened Notice of Occurrence clusive of and not in addition to Paragraph a. of Condition 2. Duties in the limits being replaced. The the Event of Occurrence, Offense, Limits of Insurance shown in Claim or Suit (SECTION IV-COMMER- Section B. Limits of Insurance, CIAL GENERAL LIABILITY CONDI- 11. of this endorsement fix the TIONS) is hereby deleted and replaced most we will pay in any one "oc by the following: currence" regardless of the number of: a. You must see to it that we are noti- (a) Insureds; fied as soon as practicable of an "oc- currence" or an offense which may (b) Claims made or "suits" result in a claim. To the extent pos- brought; or sible, notice should include: (1) How, when and where the "oc- currence" or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 14 of 15 (2) The names and addresses of This requirement applies only when any injured persons and wit- the 'occurrence" or offense is known nesses; and to an "authorized representative". (3) The nature and location of any injury or damage arising out of the'occurrence" or offense. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 15 of 15 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number:EBA0283455 Named Insured: FPI Builders LLc Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury"or"property damage". AA 4171 11 05 This page has been left blank intentionally. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: EBA0283455 Named Insured: FPI Builders LLC Countersigned by: {Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation of payments we make for "bodily injury" or SECTION IV - BUSINESS AUTO CONDI- "property damage' arising out of the operation of a covered "auto" when you have assumed TIONS, A. Loss Conditions, 5. Transfer of liability for such "bodily injury" or "property Rights of Recovery Against Others to Us is damage" under an "insured contract", pro- amended by the addition of the following: vided the "bodily injury" or "property damage" We waive any right of recovery we may have occurs subsequent to the execution of the "in- against any person or organization because sured contract". AA 4172 09 09 This page has been left blank intentionally. ® WORKERS'COMPENSATION AND EMPLOYERS T LIABILITY INSURANCE POLICY Insmnce Company WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be _ percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No.SBP0001277971 of the Texas Mutual Insurance Company Issued to FPI Builders LLC Endorsement No. DBA: Pre mium$ 4�2 Pre NCCI Carrier Code 29939 Authorized Representative WC420304B(ED.B-01-2014) This page has been left blank intentionally.