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HomeMy WebLinkAboutContract 50843 CITY SECRETARY City Secretary CONTRACT NO._ construction C FORT WORTH Project Mwager E3 PROJECT MANUAL FOR THE CONSTRUCTION OF PAN-TILT-ZOOM CAMERA AND CABLE INSTALLATION TASK ORDER CONSTRUCTION SERVICES AT VARIOUS LOCATIONS THROUGH-OUT THE CITY City Project No.Unit Price Contract,Various Project Numbers Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department OF�T�•.x,111 11 Januar 2018 i SCOTTR.ARNOLD �� Y 1,. :..... 7 P 82...:::.. Kimley-Horn and Associates, Inc. 111 �C� N�G.••' -� P� IN � ��\,� • �?_ tl,oj�al8 TPBE Registered Firm No. F-928 '.� 801 Cher Street Unit 11 Suite 950 Fort Worth Texas 76102 P � 817-335-6511 00 Scott� R. Arnold P.E. (496782) OFrI+CiAL RECORD CITY SECRETARY ` FT.WORTH, I T 0 oRT'H City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 12 Prequalification Statement 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements 01 1100 Summary of Work 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 35 13 Special Project Procedures 01 5526 Street Use Permit and Modifications to Traffic Control 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 77 19 Closeout Requirements Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 34-Transportation 34 41 60 Pan-Tilt-Zoom Camera and Cable Installation 3471 13 Traffic Control CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised February 2,2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 3 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://pro]ectDOint.bLtzzsaw.c om/client/fortworthgov/Resources/02%20- %20Construction%2ODoc uments/Specificati ons [NONE] Appendix GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates END OF SECTION CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised February 2,2016 Addendum No. 1 Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City City of Fort Worth Project No. Unit Price Contract, Various Project Numbers Addendum Issued: January 29, 2018 Bid Date: February 1, 2018 1. MBE Goal a. The City has waived the MBE goal requirement for this work. MBE forms at the back of the Project Manual do not need to be filled out or turned in to the City. The approved waiver is attached for reference. 2. Pan-Tilt-Zoom Camera Specifications a. The specifications for the Pelco cameras to be supplied by the City are below: Product One Item Dewipbon S6230-EGL1 ;SPECTRA ENH 1080P LOW LIGHT 30X ENV PND GRY CLR rWM-GY Wal Mt for SpeDFS or Intercept Gy PA402 Pole Adapter for LWM41 or IWM Mt POUSU 11UP-US 75W HPOE Single Port koctor US P%w Curd IrKWed Please be sure to acknowledge your receipt of this Addendum in your response. Addendum prepared by: 4ftAd Scott R. Arnold, P.E. 817-335-6511, scott.arnold(c�kimley-a) Kimley-Horn and Associates, Inc., TBPE Firm No. F-928 K:\FTW_TPTO\061018203-CFW-2018-Misc-Tralf\PTZ Project Manual\CCA\Addendum-Nol-Various-PTZ Camera and Cable Installations.docx 1 City of Fort:Worth Departmental Request for Waiver Of MBE/SBE Subcontracting/Supplier Ooal Transportation and Public Works $95,000.00 2/1/2018 DEPARTMENT NAME: ESTIMATED COST / PROPOSAL DATE PTZ Camera and Cable Installation Task Order Construction Contract Unit Price Contract/Various NAME OF PROJECT/B1ID: DOE/PROJECT NO. e.� — ,- 8742 1119/18 SIGNATURE OF /PROJECT MANAGER EXTENSION DATE NIGP CODE Prior to advertisement the contracting/managing department shall determine whether the bid/proposal is one which MBE/SBE requirements should not be applied, MBE/SBE requirements may be waived upon written approval of the MWBE Manager, If one of the conditions listed below exists,the contracting/managing department shall notify the Manager via this form,stating the speoific reason(s)for requesting a waiver, If the contracting/managing department and the Manager are in conflict over the granting of a waiver, either may appeal to the City Manager, or designee, and his/her decision is final, Please Check.Applicable Reason: =A. MWBE Office: A waiver of the goal for MBE/SHE subcontracting requirements was requested by the Department and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance, because the public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or MB. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance,because the purchase of goods or services from source(s)where subcontracting or supplier opportunities are negligible; or MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance, because the application of the provisions of this ordinance will impose an economic risk on the City or unduly delay acquisition of the goods or services; or QD. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance,because the MWBE Waiver is solicited based on the sole source information provided to the MWBE Office by the managing depertment'a project manager. Justify Commodity or Service Waiver Request: TlNubebdmnr■dornib.MIfie Mm"r.Nndab wn00ukownpnwnW.Pbu.„ot@th.l0mWYMlb,.,pphdbyOw0Iy.Thadnq*0mN9 vAbm**W4oppo"nQnWrokWarCadWarWMWW Pieuae use addidonal sheat,,%nmmded MLWV OFFICE USE ONLY: a Approved Signatur o /WBE Autbo6rized Personnel Date Not Approved Signature of M/WBE Authorized Personnel Date Rev,2.20.13 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Pan-Tilt-Zoom Camera and Cable Installation Task Order 5 Construction Services at Various Locations Through-out the City will be received by the City of 6 Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 200 Texas Street 11 Fort Worth, Texas 76102 12 Until 1:30 P.M. CST, Thursday,February 1, 2018, and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: installation of pan-tilt-zoom camera 17 and cable. 18 19 PREQUALIFICATION 20 There are no prequalifications required for this project. 21 22 DOCUMENT EXAMINATION AND PROCUREMENTS 23 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 24 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.goy/purchasing/and 25 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 26 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 27 suppliers. 28 29 Copies of the Bidding and Contract Documents will not be available for purchase. 30 31 PREBID CONFERENCE 32 A prebid conference will not be required for this project 33 34 AWARD OF CONTRACT AND CITY'S RIGHT TO ACCEPT OR REJECT BIDS 35 City may award contracts to more than one bidder, lowest to highest, but is not required to award 36 to all bidders. 37 38 City reserves the right to waive informalities not involving price,contract time or changes in the 39 Work and has the right to reject any or all bids. 40 41 42 43 44 45 46 47 48 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October 18,2016 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 Attn: Kassem Elkhalil,P.E.,City of Fort Worth 4 Email: Kassem.elkhalil@fortworthtexas.gov 5 Phone: (817)392-8742 6 AND/OR 7 Attn: Scott R. Arnold;P.E.;Kimley-Hom and Associates,Inc. 8 Email: scott.arnoldgkimley-hom.com 9 Phone: (8i 7)335-6511 10 11 ADVERTISEMENT DATES 12 January 11,2018 13 January 18,2018 14 15 END OF SECTION CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October 18,2016 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 7 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00 -GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2.Nonresident Bidder: Any person, firm,partnership,company,association,or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.There are no prequalifications required for this project. 35 36 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 37 38 4.1.Before submitting a Bid, each Bidder shall: 39 40 4.1.1. Examine and carefully study the Contract Documents and other related data 41 identified in the Bidding Documents(including "technical data"referred to in 42 Paragraph 4.2. below).No information given by City or any representative of the 43 City other than that contained in the Contract Documents and officially 44 promulgated addenda thereto, shall be binding upon the City. 45 46 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 47 site conditions that may affect cost,progress,performance or furnishing of the 48 Work. 49 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October 18,2017 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 7 1 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 2 progress,performance or furnishing of the Work. 3 4 4.1.4.Be advised that the Contract Documents on file with the City shall constitute all of 5 the information which the City will furnish. All additional information and data 6 which the City will supply after promulgation of the formal Contract Documents 7 shall be issued in the form of written addenda and shall become part of the Contract 8 Documents just as though such addenda were actually written into the original 9 Contract Documents. No information given by the City other than that contained in 10 the Contract Documents and officially promulgated addenda thereto, shall be 11 binding upon the City. 12 13 4.1.5. Determine the difficulties of the Work and all attending circumstances affecting the 14 cost of doing the Work,time required for its completion, and obtain all information 15 required to make a proposal. Bidders shall rely exclusively and solely upon their 16 own estimates, investigation, research,tests, explorations, and other data which are 17 necessary for full and complete information upon which the proposal is to be based. 18 It is understood that the submission of a proposal is prima-facie evidence that the 19 Bidder has made the investigation, examinations and tests herein required. Claims 20 for additional compensation due to variations between conditions actually 21 encountered in construction and as indicated in the Contract Documents will not be 22 allowed. 23 24 4.1.6. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 25 between the Contract Documents and such other related documents. The Contractor 26 shall not take advantage of any gross error or omission in the Contract Documents, 27 and the City shall be permitted to make such corrections or interpretations as may 28 be deemed necessary for fulfillment of the intent of the Contract Documents. 29 30 4.2. The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 31 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 32 exception the Bid is premised upon performing and furnishing the Work required by the 33 Contract Documents and applying the specific means,methods,techniques, sequences or 34 procedures of construction(if any)that may be shown or indicated or expressly required 35 by the Contract Documents, (iii)that Bidder has given City written notice of all 36 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 37 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 38 etc.,have not been resolved through the interpretations by City as described in 39 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 40 and convey understanding of all terms and conditions for performing and furnishing the 41 Work. 42 43 5. Availability of Lands for Work,Etc. 44 45 5.1. The Bidder shall be prepared to commence construction without all executed right-of- 46 way, easements, and/or permits, and shall submit a schedule to the City of how 47 construction will proceed in the other areas of the project that do not require permits 48 and/or easements. 49 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October 18,2017 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to. Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 5001 James Avenue 15 Fort Worth,TX 76115 16 Attn: Kassem Elkhalil, P.E.,Transportation and Public Works 17 Email: Kassem.elkhalil@fortworthtexas.gov 18 Phone: (817)392-8742 19 20 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 21 City. 22 23 6.3.Addenda or clarifications may be posted via Buzzsaw at: 24 https://Promectpoint.buzzsaw.com/fortworthgov/Infrastructure%20Prooects/TPW%202018 25 %20PTZ%20Camera%20and%20Cable%201nstallation%20at%20Various%20Locations 26 %20Through-out%20the%2OCity/Bid%2ODocuments%2OPackage?public 27 28 29 7. Bid Security 30 31 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 32 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 33 the requirements of Paragraphs 5.01 of the General Conditions. 34 35 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 36 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 37 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 38 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 39 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 40 other Bidders whom City believes to have a reasonable chance of receiving the award 41 will be retained by City until final contract execution. 42 43 8. Contract Times 44 The number of days within which, or the dates by which,Milestones are to be achieved in 45 accordance with the General Requirements and the Work is to be completed and ready for 46 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 47 attached Bid Form. 48 49 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October 18,2017 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 7 1 9. Liquidated Damages 2 Provisions for liquidated damages are set forth in the Agreement. 3 4 10. Substitute and "Or-Equal" Items 5 The Contract,if awarded,will be on the basis of materials and equipment described in the 6 Bidding Documents without consideration of possible substitute or"or-equal" items. 7 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 8 equal' item of material or equipment may be furnished or used by Contractor if acceptable to 9 City, application for such acceptance will not be considered by City until after the Effective 10 Date of the Agreement. The procedure for submission of any such application by Contractor 11 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 12 Conditions and is supplemented in Section 012 5 00 of the General Requirements. 13 14 11. Subcontractors,Suppliers and Others 15 16 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 17 12-2011 (as amended),the City has goals for the participation of minority business 18 and/or small business enterprises in City contracts. A copy of the Ordinance can be 19 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 20 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 21 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 22 Venture Form as appropriate. The Forms including documentation must be received 23 by the City no later than 2:00 P.M. CST, on the second business days after the bid 24 opening date.The Bidder shall obtain a receipt from the City as evidence the 25 documentation was received.Failure to comply shall render the bid as non- 26 responsive. 27 28 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 29 or organization against whom Contractor has reasonable objection. 30 31 12. Bid Form 32 33 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 34 obtained from the City. 35 36 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 37 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 38 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 39 price item listed therein. In the case of optional alternatives,the words "No Bid," 40 "No Change," or"Not Applicable"may be entered. Bidder shall state the prices, 41 written in ink in both words and numerals,for which the Bidder proposes to do the 42 work contemplated or furnish materials required.All prices shall be written legibly. 43 In case of discrepancy between price in written words and the price in written 44 numerals,the price in written words shall govern. 45 46 12.3. Bids by corporations shall be executed in the corporate name by the president or a 47 vice-president or other corporate officer accompanied by evidence of authority to 48 sign. The corporate seal shall be affixed. The corporate address and state of 49 incorporation shall be shown below the signature. 50 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October 18,2017 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 7 1 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 2 partner,whose title must appear under the signature accompanied by evidence of 3 authority to sign. The official address of the partnership shall be shown below the 4 signature. 5 6 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 7 member and accompanied by evidence of authority to sign. The state of formation of 8 the firm and the official address of the firm shall be shown. 9 10 12.6. Bids by individuals shall show the Bidder's name and official address. 11 12 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 13 indicated on the Bid Form. The official address of the joint venture shall be shown. 14 15 12.8. All names shall be typed or printed in ink below the signature. 16 17 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 18 which shall be filled in on the Bid Form. 19 20 12.10. Postal and a-mail addresses and telephone number for communications regarding the 21 Bid shall be shown. 22 23 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 24 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 25 to State Law Non Resident Bidder. 26 27 13. Submission of Bids 28 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 29 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 30 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 31 envelope,marked with the City Project Number, Project title,the name and address of 32 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 33 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 34 envelope with the notation "BID ENCLOSED" on the face of it. 35 36 14. Modification and Withdrawal of Bids 37 38 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 39 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 40 must be made in writing by an appropriate document duly executed in the manner 41 that a Bid must be executed and delivered to the place where Bids are to be submitted 42 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 43 are opened and publicly read aloud,the Bids for which a withdrawal request has been 44 properly filed may, at the option of the City,be returned unopened. 45 46 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 47 time set for the closing of Bid receipt. 48 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October I8,2017 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 7 1 15. Opening of Bids 2 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 3 abstract of the amounts of the base Bids and major alternates(if any)will be made available 4 to Bidders after the opening of Bids. 5 6 16. Bids to Remain Subject to Acceptance 7 All Bids will remain subject to acceptance for the time period specified for Notice of Award 8 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 9 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 10 11 17. Evaluation of Bids and Award of Contract 12 13 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 14 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 15 and to reject the Bid of any Bidder if City believes that it would not be in the best 16 interest of the Project to make an award to that Bidder,whether because the Bid is 17 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 18 meet any other pertinent standard or criteria established by City. City also reserves 19 the right to waive informalities not involving price, contract time or changes in the 20 Work with the Successful Bidder. Discrepancies between the multiplication of units 21 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 22 between the indicated sum of any column of figures and the correct sum thereof will 23 be resolved in favor of the correct sum. Discrepancies between words and figures 24 will be resolved in favor of the words. 25 26 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 27 among the Bidders, Bidder is an interested party to any litigation against City, 28 City or Bidder may have a claim against the other or be engaged in litigation, 29 Bidder is in arrears on any existing contract or has defaulted on a previous 30 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 31 Bidder has uncompleted work which in the judgment of the City will prevent or 32 hinder the prompt completion of additional work if awarded. 33 34 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 35 other persons and organizations proposed for those portions of the Work as to which 36 the identity of Subcontractors, Suppliers, and other persons and organizations must 37 be submitted as provided in the Contract Documents or upon the request of the City. 38 City also may consider the operating costs,maintenance requirements, performance 39 data and guarantees of major items of materials and equipment proposed for 40 incorporation in the Work when such data is required to be submitted prior to the 41 Notice of Award. 42 43 17.3. City may conduct such investigations as City deems necessary to assist in the 44 evaluation of any Bid and to establish the responsibility,qualifications,and financial 45 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 46 organizations to perform and furnish the Work in accordance with the Contract 47 Documents to City's satisfaction within the prescribed time. 48 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October 18,2017 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 7 1 17.4. Contractor shall perform with his own organization,work of a value not less than 2 35% of the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. City may award contracts to more than one bidder, lowest 7 to highest, but is not required to award to all bidders. 8 9 10 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 11 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 12 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 13 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 14 comparable contract in the state in which the nonresident's principal place of 15 business is located. 16 17 17.7. A contract is not awarded until formal City Council authorization.If the Contract is 18 to be awarded, City will award the Contract within 90 days after the day of the Bid 19 opening unless extended in writing. No other act of City or others will constitute 20 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 21 the City. 22 23 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 24 25 18. Signing of Agreement 26 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 27 required number of unsigned counterparts of the Agreement. Within 14 calendar days 28 thereafter Contractor shall sign and deliver the required number of counterparts of the 29 Agreement to City with the required Bonds, Certificates of Insurance, and all other required 30 documentation. City shall thereafter deliver one fully signed counterpart to Contractor. 31 32 END OF SECTION CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised October 18,2017 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of I t SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror or respondent(hereinafter referred to as"You")to a City of Fort Worth 5 procurement may be required to complete a Conflict of Interest Questionnaire(the attached CIQ 6 Form)and/or a Local Government Officer Conflicts Disclosure Statement(the attached CIS 7 Form)pursuant to state law.You are urged to consult with counsel regarding the applicability of 8 these forms to your company. 9 10 http://www.ethics.state.tx.us/forms/CIO.pdf 11 12 http://www.ethics.state.tx.us/forms/CIS.pdf 13 14 F__] CIQ Form does not apply 15 16 0 CIQ Form is on file with City Secretary 17 18 Q CIQ Form is being provided to the City Secretary 19 20 0 CIS Form does not apply 21 22 FX__] CIS Form is on File with City Secretary 23 24 0 CIS Form is being provided to the City Secretary 25 26 27 28 29 BIDDER: 30 31 EARTC By: Carlos Reyes 32 Company (Please Print) 33 34 16201 Bratton Ln. Signature: 35 Address 36 37 Austin,TX 78728 Title: President/Owner 38 City/State/Zip (Please Print) 39 40 41 END OF SECTION CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised March 27,2012 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o:The Purchasing Division 200 Texas Street City of Fort Worth,Texas 76102 Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations FOR: Through-out the City City Project No.: Unit Price Contract,Various Project Numbers Units/Sections: Unit 1 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 calendar days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. CITY OF FORT WORTH PTZ Camera and Cable Installation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Task Order Construction Services at Various Locations Form Revised 20150821 City Project No.Unit Price Contract 00 41 00 BID FORM Page 2 of 3 c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice"means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Preq ualifi cation The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. None 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within the days specified in each task order. Work shall begin within 5 business days of receipt of task order. Additional days will be granted at the discretion of the City due to inclement weather to complete work orders. Time suspension requests for weather delays will not be required. Weather days will be determined by the Engineering Manager or Designee and will be tracked on a monthly calendar. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones}within the times specified in the Agreement and/or task order. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Conflict of Interest Affidavit, Section 00 35 13 'If necessary,CIQ or CIS forms are to be provided directly to City Secretary g. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. CITY OF FORT WORTH PTZ Camera and Cable Installation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Task Order Construction Services at Various Locations Form Revised 20150821 City Project No.Unit Price Contract 00 41 00 BID FORM Page 3 of 3 6.3 Total Bid One-Hundred Forty-One Thousand Two-hundred Fifty and 00/100 $141,250.00 7. Bid Submittal This Bid is submitted on 02/01/2018 by the entity named below. Respectfully submitted, Receipt is acknowledged of the following Addenda: Initial By: Addendum No. 1: ( t Addendum No.2: Addendum No.3: Carlos Reyes Addendum No.4: (Printed Name) Title: President/Owner Company: EAR TELECOMMUNICATIONS,LLC DBA:EARTC Corporate Seal: Address: 16201 Bratton Ln. Austin,TX 78660 State of Incorporation: Texas Email: carios.reyes@eartc.cwm Phone: (512)840-1868 or(512)850-1490 END OF SECTION CITY OF FORT WORTH PTZ Camara and Cable Installation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Task Order Construction Services at Various Locations Form Revised 20150821 City Project No.Unit Price Contract 00 42 43 BIDPROPOSAL Page I of 1 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quandt 9999.0001 9999.0001 Install,Configure,and Test PTZ Camera 34 41 60 EA 100 1,200.00 $120,000.00 9999.0002 9999.0002 Install CAT-5e Cable 34 41 60 LF 25000 0.85 Total Bid 5141,250.00 END OF SECTION City will fumish all materials CITY OF FORT WORTH PTZ Camem and Cable Installation Task Order Consimction Services at STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Varig¢Locaions I—Revised 20120120 City Pmjea No.Unit Price Comma Bond#71993077 004313 BID BOND Page 1 or 2 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we, Ear Telecommuications known as 'Bidder'herein and a corporate surety duly authorized to do business in the State of Texas,known as"Surety"herein,are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City"herein, in the penal sum of five percent(5%,)of Bidder's maximum bid price,in lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the city NOW, THEREFORE, the condition of this obligation is such that if the City shalt award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and became null and void. If, however, the Principal falls to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal andlor Surety; not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidders total bid amount. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall tie in Tarrant County, Texas or the United States District Court for the Northern District of Texas. Fort Worth Division- IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 1st day of February 2018. PRINCIPAL: Ear Telecommunications BY: tgnature ATTEST: Jose Merida Carlos Reyes President/Owner Witness as to Principal Name and Title CITY OF FORT WORTH PTZ Camere and Cable Iratallaiicn Task Order STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Consinxtion Services at Varian Lecalbra Farm Revised 20171109 C!y Project No.Unit Price Cordred 004313 BID BOND Page 2 or 2 Address: 20325 Crooked Stick Dr. Pflugerville,TY.7M60 SURETY: WESTERN SURETY COMPANY CORPORATE SEAL J sign re Kelly Conway Reash Attomey-in-Fact Name and Title Address: 333 S.Wabash Ave.,41 st Fl. Chicago,IL 60604 CsI� G uncfclr� Witness as to Surety Telephone Number 800-331-6053 Attach Power of Attorney(Surety)for Attorney-in-Fact 'Note: if signed by an officer of the Surety Company,there must be on file a certified extract from the by lays showing that this person has authority to sign such obligation. If Surety's physical address Is different from its malting address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH PTZ Camera and Cable IratallailDn Task Order STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ConstrudW Services at Varian t.ocatbra Farm Rw&od 20171109 Cly Project No.Unit Prko Cordrad Western Surety Co POWER Off'ATTORNEY-CERTIFIED COPY Bond No. 71993077 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make, constitute and appoint Kelly Conway Reash its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Ear Telecommunications Obligee: City of Fort Worth Amount: $1,000, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section T. All bonds, policies, undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 71993077 is not issued on or before midnight of May 1, 2018 all authority conferred in this Power of Attorney shall expire and terminate. zs�GCf�Cd�<3n It� �niii �ff Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its quos.e F co� eealCdlse this 1st day of February 201B WEST R SURE COMPANY a Fc- ate_ S7 SO[1TI3 A Paul T. ruflat,Vice President On this 1st day of February in the year 201B before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. }444444444444444444444444} J. MOHR ± a _1404A-1 d NO?ARY PUBLICQEA3L -r Notary Public-South Dakota d dSOUTH DAKOTA ± }44A444444444h44h4�e44444} My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 1st day of February 2018 WEST R 'S�jU'R`E COMPANY /. ,e I Z"—.� Paul T.fruflat,Vice President To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage. Forth F5306-10-2017 Figure: 28 TAC§1.601(a)(3) IMPORTANT NOTICE AVISO IMPORTANTE 1 To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Western Surety Company, Puede comunicarse con Western Surety Company, Surety Bonding Company of America or Universal Surety Bonding Company of America o Universal Surety of America at 605-336-0850. Surety of America al 605-336-0850. 3 You may call Western Surety Company's, Surety Usted puede Ilamar al numero de telefono gratis de Bonding Company of America's or Universal Surety Western Surety Company's, Surety Bonding of America's toll-free telephone number for Company of America's o Universal Surety of information or to make a complaint at: America's para informacion o para someter una queja al: 1-800-331-6053 1-800-331-6053 4 You may also write to Western Surety Company, Usted tambien puede escribir a Western Surety Surety Bonding Company of America or Universal Company, Surety Bonding Company of America o Surety of America at: Universal Surety of America: P.O. Box 5077 P.O. Box 5077 Sioux Falls, SD 57117-5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 490-1007 Fax: (512) 490-1007 Web: www.tdi.texas.gov Web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Western Western Surety Company, Surety Bonding Surety Company, Surety Bonding Company of Company of America or Universal Surety of America o Universal Surety of America primero. Si America first. If the dispute is not resolved, you no se resuelve la disputa, puede entonces may contact the Texas Department of Insurance. comunicarse con el departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F83654-2016 West, Jennifer From: GANDARA, ROSIE <ROS I EGAN DARA@ALLSTATE.CO M> Sent: Wednesday, February 21, 2018 9:37 AM To: West, Jennifer Subject: Ear Telecommunications LLC Follow Up Flag: Follow up Flag Status: Flagged HI Jennifer, Per our conversation, we were unable to locate a local agent that can provide a seal for bid bond. We have placed order for seals from Surety Bond underwriter. They advised that there is a 2-3 day turn around time. They estimate for us to receive them in our office by Thursday Feb 22,2018. As soon as we receive surety bond seals we will overnight the official bid bond. Let me know if you have any questions or concerns. Thank you, 1 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: EAR TELECOMMUNICATIONS, LLC DBA: EARTC By: Carlos Reyes 16201 Bratton Ln.Austin,TX 78728 (Signature) Title: President/Owner Date: 02/01/2018 END OF SECTION CITY OF FORT WORTH PTZ Camera and Cable Installation Task Order STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Construction Services at Various Locations Form Revised 20110627 City Project No,Unit Price Contract 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by 5 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 6 major work type(s) listed. 7 Major Work Prequalification Type Contractor/Subcontractor Company Name — Expiration Date Not ))licahle (NIIA) 8 9 10 The undersigned hereby certifies that the contractors and/or subcontractors described in 11 the table above are currently prequalified for the work types listed. 12 13 BIDDER: 14 t 15 EAR Telecommunications, LLC By: cDs 16 Company (Please Prin 17 18 16201 Bratton Ln. Signature: 19 Address 20 21 Austin TX 78660 Title: �` -s A4, 22 City/State/Zip (Please Print) 23 24 Date: 25 26 END OF SECTION 27 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 004526-I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No.Unit Price Contract,Various Project Numbers. Contractor further certifies that, 6 pursuant to Texas Labor Code, Section 406.096(b),as amended, it will provide to City its 7 subcontractor's certificates of compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 I 1 EARTC By: Carlos Reyes 12 Company (Please Print) 13 14 16201 Bratton Ln. Signature: 15 Address 16 17 Austin,TX 78728 Title: President/Owner 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority,on this day personally appeared 26 0 ci r 1 c,S h;,r ld e-� P e.�e S , known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of q e o ck for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this Js-I day of 32 re_6-t� ,2018. 33 —� 34 y,"" ,`� , KATIE GOFF 35 Notary ID#131285081 36 My Commission Expires Nota Public in and for the State of Texas September 18,2021 37 38 END OF SECTION 39 CITY"OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 004540-1 Minority Business Enterprise Specifications Page l of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is WAIVED. 14 15 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 16 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 17 18 COMPLIANCE TO BID SPECIFICATIONS 19 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 20 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 21 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 22 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 23 3. Good Faith Effort documentation,or; 24 4. Prime Waiver documentation. 25 26 SUBMITTAL OF REOUIRED DOCUMENTATION 27 The applicable documents must be received by the Purchasing Division, within the following times 28 allocated, in order for the entire bid to be considered responsive to the specifications. The.Offeror shall 29 deliver the MBE documentation.in person to the appropriate employee of'the,,purchas ug divisiot'< and 30 obtain a date(#ime receipt.` Such receipt shall be evidence that the Cify,received the doaumeritatioxf n;the 31 time allocated. A faxed, ,and/or emailed copy vitill'not be accepted. 32 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening MBE partici ation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 33 34 35 36 37 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised June 9,2015 005243-1 Agreement Page] of6 1 SECTION 00 52 43 2 AGRE MENT 3 THIS AGREEMENT, authorized on 6209 is made by and between the City 4 of Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager, ("City"), and EAR Telecommunications, LLC, authorized to do business in Texas, 6 acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various 16 Locations Through-out the City 17 City Project No. Unit Price Contract, Various Project Numbers 18 Article 3. CONTRACT PRICE 19 City agrees to pay Contractor for performance of the Work in accordance with the Contract 20 Documents an amount in current funds of as determined in each task order supplemental to this 21 agreement. At no time shall the contract total exceed NINETY-FIVE THOUSAND AND 00/100 22 Dollars($95.000.00)without written approval from the City of Fort Worth Council. 23 Article 4. CONTRACT TIME 24 4.1. Time is of the essence 25 The contract time period is one calendar year from the Effective Date or the expiration of 26 the dollar amount identified in Article 4, as it may be amended from time to time by 27 Change Order or otherwise, whichever occurs last("Time Period"). 28 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 29 Documents are of the essence to this Contract. All work shall be defined through task 30 orders to be identified prior to the end of the Time Period. Actual work to be completed 31 per this Agreement may extend beyond the Time Period's end so long as the task order 32 was issued prior to the expiration of the Time Period. 33 4.2. Final Acceptance. 34 The Work will be complete for Final Acceptance within 365 calendar days after the date 35 when Contract Time commences to run as provided in Paragraph 2.0 of the General 36 Conditions. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised 11,15.17 005243-2 Agreement Page 2 of 6 37 4.3. Liquidated Damages 38 Contractor recognizes that time is of the essence of this Agreement and that City will 39 suffer financial loss if the Work is not completed within the times specified in Paragraph 40 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 41 General Conditions. The Contractor also recognizes the delays, expense and difficulties 42 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 43 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 44 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 45 City Two Hundred Forty Dollars ($240.00) for each day that expires after the time 46 specified in each task order until the City issues the Final Letter of Acceptance. 47 Article 5. CONTRACT DOCUMENTS 48 5.1 CONTENTS: 49 A. The Contract Documents which comprise the entire agreement between City and 50 Contractor concerning the Work consist of the following: 51 1. This Agreement. 52 2. Attachments to this Agreement: 53 a. Bid Form 54 1) Proposal Form 55 2) Vendor Compliance to State Law Non-Resident Bidder 56 3) Prequalification Statement 57 b. Current Prevailing Wage Rate Table 58 c. Insurance ACORD Form(s) 59 d. Payment Bond 60 e. Performance Bond 61 f. Maintenance Bond 62 g. Power of Attorney for the Bonds 63 h. Worker's Compensation Affidavit 64 i. MBE and/or SBE Utilization Form 65 3. General Conditions. 66 4. Supplementary Conditions. 67 5. Specifications specifically made a part of the Contract Documents by attachment 68 or, if not attached, as incorporated by reference and described in the Table of 69 Contents of the Project's Contract Documents. 70 6. Drawings. 71 7. Addenda. 72 8. Documentation submitted by Contractor prior to Notice of Award. 73 9. The following which may be delivered or issued after the Effective Date of the 74 Agreement and, if issued, become an incorporated part of the Contract Documents: 75 a. Notice to Proceed. 76 b. Field Orders. 77 c. Change Orders. 78 d. Letter of Final Acceptance. 79 80 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised 11.15.17 005243-3 Agreement Page 3 of 6 81 Article 6. INDEMNIFICATION 82 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 83 expense, the city, its officers, servants and employees, from and against any and all 84 claims arising out of, or alleged to arise out of, the work and services to be performed 85 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 86 under this contract. This indemnification provision is specifically intended to operate 87 and be effective even if it is alleged or proven that all or some of the damages being 88 sought were caused, in whole or in part, by any act, omission or negligence of the city. 89 This indemnity provision is intended to include, without limitation, indemnity for 90 costs, expenses and legal fees incurred by the city in defending against such claims and 91 causes of actions. 92 93 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 94 the city, its officers,servants and employees, from and against any and all loss, damage 95 or destruction of property of the city, arising out of, or alleged to arise out of, the work 96 and services to be performed by the contractor, its officers, agents, employees, 97 subcontractors, licensees or invitees under this contract. This indemnification 98 provision is specifically intended to operate and be effective even if it is alleged or 99 proven that all or some of the damages being sought were caused, in whole or in part, 100 by any act,omission or negligence of the city. 101 102 Article 7. MISCELLANEOUS 103 7.1 Terms. 104 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 105 have the meanings indicated in the General Conditions. 106 7.2 Assignment of Contract. 107 This Agreement, including all of the Contract Documents may not be assigned by the 108 Contractor without the advanced express written consent of the City. 109 7.3 Successors and Assigns. 110 City and Contractor each binds itself, its partners, successors, assigns and legal 111 representatives to the other party hereto, in respect to all covenants, agreements and 112 obligations contained in the Contract Documents. 113 7.4 Severability. 114 Any provision or part of the Contract Documents held to be unconstitutional, void or 115 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 116 remaining provisions shall continue to be valid and binding upon CITY and 117 CONTRACTOR. 118 7.5 Governing Law and Venue. 119 This Agreement, including all of the Contract Documents is performable in the State of 120 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 121 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised 11.15.17 005243-4 Agreement Page 4 of 6 122 7.6 Authority to Sign. 123 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 124 than the duly authorized signatory of the Contractor. 125 126 7.7 Prohibition On Contracts With Companies Boycotting Israel. 127 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 128 Code, the City is prohibited from entering into a contract with a company for goods or 129 services unless the contract contains a written verification from the company that it:(1) 130 does not boycott Israel; and(2)will not boycott Israel during the term of the contract. 131 The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms 132 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 133 certifies that Contractor's signature provides written verification to the City that 134 Contractor: (1)does not boycott Israel, and(2) will not boycott Israel during the term of 135 the contract. 136 137 7.8 Immigration Nationality Act. 138 Contractor shall verify the identity and employment eligibility of its employees who 139 perform work under this Agreement, including completing the Employment Eligibility 140 Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of 141 all I-9 forms and supporting eligibility documentation for each employee who performs 142 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 143 establish appropriate procedures and controls so that no services will be performed by any 144 Contractor employee who is not legally eligible to perform such services. 145 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 146 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 147 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 148 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 149 Contractor, shall have the right to immediately terminate this Agreement for violations of 150 this provision by Contractor. 151 152 7.9 No Third-Party Beneficiaries. 153 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 154 and there are no third-party beneficiaries. 155 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised 11.15.17 005243-5 Agreement Page 5 of 6 156 7.10 No Cause of Action Against Engineer, 157 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 158 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 159 subcontractors, for any claim arising out of, in connection with, or resulting from the 160 engineering services performed. Only the City will be the beneficiary of any undertaking by 161 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 162 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 163 in any way responsible for those duties that belong to the City and/or the City's construction 164 contractors or other entities, and do not relieve the construction contractors or any other 165 entity of their obligations, duties, and responsibilities, including, but not limited to, all 166 construction methods, means, techniques, sequences, and procedures necessary for 167 coordinating and completing all portions of the construction work in accordance with the 168 Contract Documents and any health or safety precautions required by such construction 169 work. The Engineer and its personnel have no authority to exercise any control over any 170 construction contractor or other entity or their employees in connection with their work or 171 any health or safety precautions. 172 173 SIGNATURE PAGE TO FOLLOW 174 1 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction .Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised I 1.15.17 005243-6 Agreement Page 6 of 6 175 176 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 177 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 178 Date"). 179 Contractor: CitY,9f Fort_Worth EAR Telecommunications, LLC �) By: Susan Alanis By: Assistant City Manager Ignature) Date �b Attest: (Printed e) City Se re ary Title: l Ae . (Seal) ®F F ORr� Address: ~ 0 16201 Bratton Ln. M&C n/a Date: n/a Form 1295 No. n/a �XAS. City/State/Zip: Contract Compliance Manager. Austin, Texas 78660 By signing, I acknowledge that I am the person �� /' responsible for the monitoring and At� administration of this contract,including Date ensuring all performance and reporting requirements.za:: / G- / Ali Mozdbar,P.E. Engineering Manager mcrm and Legality: Douglas W. Black Assistant City Attorney 180 181OVAL RECOMMENDED: 182 183 OFFICIAL RECORD 184 CITY SECRETARY Dougl W. Wiersig, P.E. 185 DIRECTOR, 186 FT.WORTH,TX Transportation and Public Works CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised 11.15.17 006114-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 Bond No. 72023271 PA`M1EN7I'BOND 3 4 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: 6 COT.ti"TY OF TARRANT § 7 That we, EAR Telecommunications LLC known as "Principal" herein, and g WESTERN SURETY COMPANY a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort. NVorth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of NL1'ETI-FINTi TTIQUSA1'D AND 10 00/100 Dollars ($95,00().40), Lawful 13 money of the United States, to be paid in Fort Worth,Tarrant County, Texas,for the payment of 14 which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, 15 successors and assigns,jointly and severally,firmly by these presents: 16 AMEREAS,,Principal has entered into a certain written Contract with City, awarded the 17 P1 --day of I- 1Ztw+' _ __, 2018, which Contract is hereby refen-ed to and 18 made a part hereof for all purposes as iii fully set forth herein,to furnish all materials, equipment, 19 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 20 said Contract and designated as Pan-Mt-Zoom Camera and Cable Installation Task Order 21 Canstriw6on Services at Vivious Locations ?hrowk-out the Cin, Cita' Proiect N'a. [,,'nit Price 22 Contras PartousNoma N'umbem 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 223; of the Texas Govemment Code,as amended)in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. _S This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY-OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Seavi ces at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProject No.UnitPricc cbiaract.Various Project Numbers Revised Juty 1,2011 006114-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS AHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 16th day of 3 April 4 PRIM UPAL: EAR Telc:comrrtuuications,LLC ATTEST: BY: gna 40 (Prin al) Secreta; , Name and I; � itle �-� Address: 1.6201 Bratton Ln. Austin,Texas 78728 JqA «`itne:; .. to Anclpa`l SURETY: WESTERN SURETY COMPANY CORPORgTF = ATTEST: SEAL BY: Signature �— KELLY CONWAY REASH,Attomey-in-Fact (Sure)Secretary Name and Title ���,,�� � Address: 333 S.Wabash Ave., 41st Fl. Chicago,IL 60604 «'itncss as to Surety Y Telephone Number: 605-336-0850 5 6 dote: If signed by an officer of the Surety; there must be on file a certified extract ftotn the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 E-ND OF SECTION 12 CITY OF FORT WC-RTH Pan-Tilt-Zoom Camera and Cable Installation Task Cider Construction Setvi ces at Various Lecatiars lirrouph-out the City STANDARD CONSTRUCTION SPECMCATIONDOCUMENI'S Qty Project No.Unit Price Contract,various ProjectNumbers Revised July 1,2011 006113-1 PERFORMANCE BOND PWC 1 of'-) l SECTION 00 6113 Bond No. 72023271 2 PERFORNLANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,EAR Telecommunications,LLC,known as`T'rineipar,herein and 8 WESTERN SURETY COMPANY , a corporate surety(sureties,if more than 9 one)duly authorized to do business in the State of Texas,known as`Surety l herein(whether one 10 or more),are held and firmly bound unto the City of Fort Forth,a municipal corporation created I l pursuant to the laws of Texas,known as"City"herein,in the penal sun of,NINETY-FIFE l^ THOUSAND AND 00/100 Dollars($95,000.00 ,lawful money of the United States,to be paid 13 in Fort Worth,Tarrant County,Texas for the payinent of which sum well and truly to be made, 14 we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and 15 severally, firmly by these presents. 16 NAITIE.REAS,the Principal has entered into a certain written contract with the City 17 awarded the A/ day of 2018,which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 19 labor and other accessories defined by law,in the prosecution.of the Work.including any Change 20 Orders,as provided for in said Contract designated as Pnt"Mt-Zoom Camera and Gable 21 Installation Task Order Construction Senders at Various Locations Throumh-out the CiiO, City 22 Proieet No. Uidt Price Contract Various Project Numbers. it NO"',THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contractand shall in all respects duly and 25 faithfully perform the Work,including Change Orders,under the Contract.according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Oder Construction Services at Various Locatims TliroWi-au the City STANDARD CONSTRI,UCTJON SPECIF1CAMN DOCUMENIM City Project No.UnitPrice Contract,Various Project Numbers Revised July 1.201 t 006113-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and 311 liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IINN AITINIESS WHEREOF,the Principal and the Surety have SIGNED and SE AMD 5 this instrument by duly a.uthodzed agents and officeis on this the 16th day of 6 APn1 12018. 7 PRINCIPAL: 8 EAR Telecommunications,LLC 9 10 l 1 BY. l2 e 13 ATTES 14 Is I : 14 1 LxAA05 Ko.!Ae_'5_ 16 (Princi 1)Secretary Name and Tit 17 is Address: 16201 Bratton Ln. 19 Austin Texas 78728 10 ' 2l C-,e C c i 22 Witness as to Principa L3 SURFTY: 24 WESTERN SURETY COMPANY 25 M CORPORATE 17 SEAL BY e 28 Signaude 29 �0 KELLY CONWAY REASH,Attorney-in-Fact 31 Name and Title 32 33 Address: 333 S.Wabash Ave.,41 st Fl. 34 Chicago,IL 60604 35 G� M •eC tush --._...................._.................._.._._.__.__....... ..-_ 37 Witness as to Surety Telephone Number: 605-336-0850 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 47 from the by-laws showing that this person has authority, to sign such obligation. If 43 Surety's physical address is different from its mailing address,both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Cyder Cansttuction Services at Various Locations Tltrouglt-art the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENT M CityProject No.Unit Price Caitract,Various Project Number Revised July 1,2011 WesternCompany POWER OF ATTORNEY-CERTIFIED COPY Bond No. 72023271 Know All Men By These Presents,that WESTERN SURETY COMPANY,acorporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint Kelly Conway Reash its true and lawful attorney(s)-in-fact, with frill power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Ear Telecommunications, LLC Obligee: City of Fort Worth Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize- The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 720232 71 is not issued on or before midnight of October 31, 2018 all authority conferred in this Power of Attorney shall expire and terminate. n I Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its OU R% al-Vo-he this 16th day of April 2018 4 . .,. ea �s JT_ - `°. 'jrz WEST R SURE COMPANY Q / S S iL4 A Paul T. ruflat,Vice President CU1� .= ss On this 16th day of —April ___,in the year 2018 before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. taaaatiaaaatitibb�atihtitiatitia4} f J. MOHR i Q f 4yAj -1 P NOTARY PUBLIC SEAL r Notary Public-South Dakota r r i SOUTH DAKOTA i +a..a..ya�ga�e�eatiaaaaa•.•.•.�•.t My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 16th day of April 2018 WEST R / SURE COMPANY Paul T.fruflat,Vice President To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. 72023271 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Form F6944 Figure: 28 TAC§1.601(a)(3) IMPORTANT NOTICE "ISO IMPORTANTE 1 To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Western Surety Company, Puede comunicarse con Western Surety Company, Surety Bonding Company of America or Universal Surety Bonding Company of America o Universal Surety of America at 605-336-0850. Surety of America al 605-336-0850. 3 You may call Western Surety Company's, Surety Usted puede hamar al numero de telefono gratis de Bonding Company of America's or Universal Surety Western Surety Company's, Surety Bonding of America's toll-free telephone number for Company of America's o Universal Surety of information or to make a complaint at: America's para informacion o para someter una queja al: 1-800-331-6053 14800-331-6053 4 You may also write to Western Surety Company, Usted tambien puede escribir a Western Surety Surety Bonding Company of America or Universal Company, Surety Bonding Company of America o Surety of America at: Universal Surety of America: P.O. Box 5077 P.O. Box 5077 Sioux Falls, SD 57117-5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1400-252-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)490-1007 Fax: (512) 490-1007 Web: www.tdi.texas.gov Web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Western Western Surety Company, Surety Bonding Surety Company, Surety Bonding Company of Company of America or Universal Surety of America o Universal Surety of America primero. Si America first. If the dispute is not resolved, you no se resuelve la disputa, puede entonces may contact the Texas Department of Insurance. comunicarse con el departamento(TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Farm F8365.4-2016 1106119-I MAINTEN I ANCE BOND Page 1 of 3 1 SECTION 00 6119 Bond No. 72023271 XLALMENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KVOW ALL 111'THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we EAR Telecommunications LLC.known as"Principal"herein and 9 WESTERN SURETY COMPANY a corporatc surety(surctics, if more than 10 one)duty authorized to do business in the State of Texas,known as`Surety"herein(whether one 11 or more),are held and fumly bound unto the City o1"Fort)Forth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as "City"herein,in the sum of NL\ETY-FIN,`E 13 THOUSAND AND 00/100 DOLL ARS($95,000.00), lawful money of the United States,to be 1.4 paid in Fort North,Tarrant County,Texas,for payment of which sum well and truly be made 15 unto the City and its successors,we bind ourselves,our heirs,executors,adtni.ni.strators, 16 successors and assigns,jointly and severally,firmly by these presents. 17 18 WHEREAS,the "Principal has entered into a certain written contract with the City awarded 19 the _day ofyCi�� ,2018,which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein-,to furnish all 21 materials,equipment labor and other accessories as defined by.law,in the prosecution of the 22 Work,including any Work resulting from a duly authorized Change Order(collectively herein, 23 the--Work')as provided for in said contract and designated as Pun-Mir Zoom Camera and 24 Cable InstaUation Task Order Com-fraction Sendees at Various Locations Throumh-out the 25 City, Cite Project IYa. Unit Price Contract, various Project lYumberx,and 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain frcc from defects in materials or workmanship for and during the pexi.od of two(2)years 30 after the date of Final Acceptance of the Fork by the City("Maintenance Period');and 31 32 VVIIER.EAS,Principal.binds itself to repair or reconstruct the XVork in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cabie Installation Task Cider Construction Semi ccs at Various Locations Tbrough-out the City STANDARD CONSTRUCTIONSPECERCATION DOCUMENTS LStyProjectNo.UnitPriceCoriract,VwiousProjectNumbers Revised July 1,2011 006119-2 MAINTENANCE BOND Psge 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in s full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall tail so to repair or reconstruct any timely 8 noticed defective Work,it is agreed that the City matt cause ana and all such defective Work to 9 be rewired ancl'or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bend;and 1.1 12 PROVIDED F{.KFHER,that if any legal action be filed on this Bond,venue shall.lie in 13 Tarrant County,Texas or the United States District.Court for the Northern District of Texas,Fort 14 Worth Division;and 1� 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Oder Construction Senhces al Various Locations Thro*-out the City STANDARD CON=STRUCTIONSPECIFICATIONDOCt.MENTS City Project No.Un it Price Contract.VariousProicaN►mbm Revised Juty 1,2011 006119-3 MAINTENTANCE BOND Page 3 of 3 1 LN VRTINTESS`NUEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 16th day of April 4 5 PRINCIPAL: 6 EAR Telecommunications_LLC 7 9 BY 10 j 1 a 11 ATTES 12 13 14 (Princi 1}Secreta Name and Title- 1 /` 16 ; Address: 16201 Bratton Ln. 17 ! A.nstin Texas 78728 18 19 2G Witness as to Principe 21 SURETY: 22 WESTERN SURETY COMPANY 23 25 CORPORgrF 2' SEAL 24 l Signature 47 28 KELLY CONWAY REASH,Attorney-in-Fact 29 ATTEST: Name and Title 30 31 Address: 333 S.Wabash Ave.,41 st Fl. 32 (Surety)Sec tart' Chicago,IL 60604 3 344 Aq� A 0 0 35 Witness as to Surety Telephone Number- 605-336-0850 36 37 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 3R from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address,both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded- 41 CITY OF FORT WORTH Pan-Tilt-Zoon Camera and Cable Installation Task Order Construction Services at Various Locations 111rouuJr-out the Cit y STANDARD CONIS TRUCTIt7N SPDMI CAT]ON DOCU,%MNTS City Project No.Unit Price Cbra act,Various Project Numbers Revised Juty 1.2011 State of Texas Claim Notice Endorsement To be attached to and form a part of Bond No. _ 72023271 In accordance with Section 2253.021(f) of the Texas Government Code and Section 53.202(6) of the Texas Property Code any notice of claim to the named surety under this bond(s) should be sent to: CNA Surety 333 South Wabash Chicago, IL 60604 Telephone: (312) 822-5000 Folin F6944 Figure: 28 TAC§1.601(a)(3) IMPORTANT NOTICE AVISO IMPORTANTE 1 To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Western Surety Company, Puede comunicarse con Western Surety Company, Surety Bonding Company of America or Universal Surety Bonding Company of America o Universal Surety of America at 605-336-0850. Surety of America a1605-336-0850. 3 You may call Western Surety Company's, Surety Usted puede Ilamar al numero de telefono gratis de Bonding Company of America's or Universal Surety Western Surety Company's, Surety Bonding of America's toll-free telephone number for Company of America's o Universal Surety of information or to make a complaint at: America's para informacion o para someter una queja at: 1-800-331-6053 1-800-331-6053 4 You may also write to Western Surety Company, Usted tambien puede escribir a Western Surety Surety Bonding Company of America or Universal Company, Surety Bonding Company of America o Surety of America at: Universal Surety of America_ P.O. Box 5077 P.O. Box 5077 Sioux Falls, SD 57117-5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias, coberturas, derechos o quejas at: 1-800-252-3439 1-800-252-3439 6 You may write the Texas Department of Puede escribir at Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 490-1007 Fax: (512) 490-1007 Web: www.tdi.texas.gov Web: www.tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Western Western Surety Company, Surety Bonding Surety Company, Surety Bonding Company of Company of America or Universal Surety of America o Universal Surety of America primero. Si America first. If the dispute is not resolved, you no se resuelve la disputa, puede entonces may contact the Texas Department of Insurance. comunicarse con el departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F83654-2016 Western Surety Company POWER OF ATTORNEY-CERTIFIED COPY Bond No. 72023271 Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls, South Dakota(the"Company"),does by these presents make, constitute and appoint KELLY CONWAY REASH its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Ear Telecommunications, LLC Obligee: City of Fort Worth Amount: $1, 000, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No. 72023271 is not issued on or before midnight of October 31, 2018 all authority conferred in this Power of Attorney shall expire and terminate. I Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its cor eealV6' this 16th day of April 2018 WEST R SURE COMPANY ST1 S6ITI A Paul T.fruflat,Vice President SS COLTI x_s� _€frnOW On this 16th day of _ Apr i 1 in the year 2 018 , ,before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. 4 } p J. MOHR r NOTARY PUBLIC • Notary Public-South Dakota i SOUTH DAKOTA SEAL i ♦44ti44444444444ti44444444� My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 16th day of April 2018 WEST R SURE COMPANY Paul T.fruflat,Vice President To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage. Forth F5306-10-2017 ACC> CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 11. , 04/23/2018 THIS CERTIFICATE IS ISSUED ASA 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(les)must have ADDITIONAL INSURED provisions or 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: Malisa Satterfield CLA Insurance Group,Inc PHONE (214)423-3120FAX (214)423-2240 A/C No Ext): A/C Nol: 9300 Wade Blvd Ste 101 t-fillASS: msatterfield@clainsurancegrp.com INSURER(S)AFFORDING COVERAGE NAIC Y Frisco TX 75035 INSURER A: Ohio Security Ins Co 24082 INSURED INSURER B: Ear Telecommunications LLC,DBA:EARTC INSURER C: 16201 Bratton Lane INSURER D: INSURER E: Austin TX 78728 INSURER F: COVERAGES CERTIFICATE NUMBER: CL176805300 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 POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IND WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAUL TU HEN 11:17— CLAIMS-MADE FX]OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 15,000 A BKS57357633 05/31/2017 05/31/2018 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY ©JEF1 LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANYAUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UM13RELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAHB CLAIMS-MADE AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N STATUTE ERH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached N mora space Is required) The general liability policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract/agreement between the named insured and the certificate holder that requires such status. Coverage is Primary and Non-Contributory.The general liability policy includes a blanket waiver of subrogation endorsement that provides coverage to the certificate holder only when there is a written contract/agreement between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Fort Worth Transportation&Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 l ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26(2016/03) The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 04/23/2018 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 CA A Tan a Callejas GSM INSURANCE AGENCY PHONE512-535-0049 512-853-9427 2608 Shanty Creek PlaceMAIL .tca etas gminsuranceagency.com Pflugervllle,TIC 78660 INSURE S AFFORDING COVERAGE NAICN Mercury Insurance INSURED EAR TELECOMMUNICATIONS,LLC INSURER B: R 16201 Bratton Lane INSURER D: Austin, T8 78728 (512) 850-5385 1 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. LTR TYPE OF INSURANCE g POLICY NUMBER POLICY Y LI Y LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE 1:1 OCCUR $ MED EXP An one rson $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY[3 jE O- E]LOC PRODUCTS-COMP/OP AGG $ QTHFR AUTOMOBILE LIABILITY $ 1,UUU,UUU X ANYAUTOBODILY INJURY(Per person) $ ALLOWNED SCHEDULED BA420000004067 30/22/2017 0/22/2018 BODILY INJURY(Per accident) $ A X AUTOS AUTOS Y Y NON-OWNED R Y DAMAGE $ 1,000,000 AUTOS X HIREDAUTOS accident) P I $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE E $ RD T TI WORKERS COMPENSATION AND EMPLOYERS'LIABILITY ST Tr I I FIR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe underDESCRIPTION gLaE�I�NS below E.L. ARE-POLICY LIMIT DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Sd*dtde,may be attadtad f more apace is reQuired) Additional Insured: The City of Fort Worth 200 Texas St. Fort Worth, TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas St. Fort Worth, TR 76102 AUTHORIZED REPRESENTATIVE ®1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD (MMIDDIYYY .AcoR ® CERTIFICATE OF LIABILITY INSURANCE DATE A0412812018 Y) 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 have ADDITIONAL INSURED provisions or 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 CONT CT NAME: Malisa Satterfield CLA Insurance Group,Inc PHONE (214)423.3120 lA� No): (214)4237240 9300 Wade Blvd Ste 101 ADDRESS: msatterfield@clainsurancegrp.com INSURER(S)AFFORDING COVERAGE NAIC e Frisco TX 75035 INSURER A: Texas Mutual Insurance 22945 INSURED INSURER B EAR Telecommunications LLC,DBA:EARTC INSURER C: 16201 Bratton Lane INSURER 0: INSURER E: Austin TX 78728 INSURER F: COVERAGES CERTIFICATE NUMBER: Work Comp 2017-2018 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. LTR TYPE OF INSURANCE iNSO WVOPOLICY NUMBER JMMIOOryYYYI tymfoo"YjLIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE E CLAIMSMADE F7 OCCUR PREMISESjEaoccurtence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY E JPERC 7 LOC I PRODUCTS-COMP/OP AGG S OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accidenq ANY AUTO I BODILY INJURY(Par person) S OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED AMA S AUTOS ONLY AUTOS ONLY Aper accident � S r UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED RETENTION$ I '$ WORKERS COMPENSATION X STATUTE TAT T ER AND AND EMPLOYERS'LIABILITYYIN 1,000,000 ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT S A OFFICERIMEMBEREXCLUDEDT ❑Y NIA 004018745 05/31/2017 05/31/2018 (Mandatory in NM) E L.DISEASE•EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below , E.L.DISEASE•POLICY LIMIT $ i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If mon space is required) Workers'Compensation policy includes Waiver of Subrogation in favor of Certificate Holder,as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Fort Worth Transporation and Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS, 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 78102 f ®1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnury2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting...............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies................................................................................... 9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................11 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates...........................................:......................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnjmyZ 2016 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy2,2016 007200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, ahome-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations, or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniary2,2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Manager—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnay 2,2016 007200-1 GENERAL CONDITIONS Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day,not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 am. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy 2,2016 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnlazy 2,2016 00 72 00-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmay2,2016 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnimyZ 2016 007200-1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 4yai abili , „f r nd-s A. City shall fuFnish the Site. City sha4l natify Gei#faeter- of any enetwibfanees or-r-estr-ietions not e 4. Thecae-obtained or--apAieipes-aequisitien of ander- aeeess to fi&tae 2. . tAilitiesof obst iefts to befemoved,-adjusted, elee-ated by athers CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febntffy2,2016 007200-1 GENERAL CONDITIONS Page 12 of 63 G. Gentmeter- shAl provide for- a4l additional lands and aeeess thereto that may be r-equir-ed fe n,.4 ue4ion f eilities n storage of ffi 4erialn and equipment. 4.02 A. Reperts and D vings., The Supplemeffiavy Conditions iefts: eentigtiouto the e; and n.,l+suff r e stmetwes .,4 the Site(nvnvn4 Underground nrl Facilities) drawings are not ConAr-aet PeeumetAs. Sueh "teelH4eal data!' is identified in the Supplementafy > , > to: but ae4 > > means,limited to, any aspeets of the methods, teeliniques, sequenees, and pfaeeEliffes E) +cxhxc-rfeta;2. other d yr > ations, epinions, > • 4.03if u rubsu,� „ p>7„wie,l Gend;tionn L� revealed eidwr--. relyas pfevided in Pafag h 4.02 is ter-ia4ly inaeeu-ate; E) 7 of sueh n n„4„ro as 4n r nh nge in the GefArnn4 Tlr.r,tu%ents; o Do CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary 2,2016 007200-1 GENERAL CONDITIONS Page 13 of 63 theii GenAfae4ar- shall, promptly after- beeeii4ng awffe thereof and before ftffther- distffbing the emer-geney as required by Pafagr-aph 6.17.A),notify City in vTiting about sueh eend R. :Possible A,iee and T4 Art;� st e sr B. GefAfaeter-shall not be entitled to any adjustmeat in the Got4faet Pr-ioe or-Cefi4r-aet Time if- Bi or-I.o...,,, ing bound under-a v goti to . ,. fuet• .,, 2. the existenee of sueh eendi4iea eould reasonably have been diseever-ed of r-evea4ed as a result. of the the Geatfac4 Peetimen#sortie Site; e 3. Gee t,aetor-failed to give the, rite r„tieer-equir-ed by n..,.agr-,,,,1, 4.03.A. 4.04 1. Gity and Engineer- shall not be responsible for- the aeeufaey or- eempleteness ef any stle rf fmalie., of.fat., provided by other-s• gra a. r-eviewing ,,.7 eheek4ng a71 sueh sueinfo,-.,-,.,tion and data; ; e. eeer-dinalien--and adjustmei4 of the WarNNith the—eAter-s--orsttehUndergfoeffi� B. AW Shown or Mdieated-. eefitiguetts to the Site wl4eh was not shev.% or- iadie4ed, of not shown or- indieated wi CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniary2,2016 007200-1 GENERAL CONDITIONS Page 14 of 63 , idepAify the owner- of sueh Underground Faeilit�, and give notiee to giat evffier- and to City. City will review the Eliseever-ed Underground Faeility and detenr4ne the > if any, to 3. Ver-ifiec-Aien ef existing > stmetffes, 4.05 Be U „Poino City's judgment are neeessaf�, to enable Genlme4or- to pr-eeeed with the Alor-k. City will pr-ovide eenstt:uetien stakes or- other- ettstamafy methed of maFk4ng to establish line and gr-ades fa ehanges or- r-eleeations. GwAfaetor- shall r-epaA to City whenever- aff r-efer-enee point or- prepe loeations. The City shall be responsible for- the r-eplaeement or- r-eloeation of r-efer-enee points e.r- notify City in advffiiee and with stiffieiefA time to a-void delays-. B. > > > > the full0 will be eh-afged against the Get4faetef, and the full kney,,,n to City felating to 14azar-detts Envir-anffiei4al Conditions that have been idet4ified at the site: B. Limited ReliaHee hy Gaiipwetar- eii TeehHieal Data Autherked-.- Get4f:aetef may rely tipeft the > , > > > ineltiding, btA not meted to, edI -aspeets of the means, ffietheds, teehfliques, seEfdenees and pr-eecdtlfej ) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 15 of 63 mc t vzc-et �v2. other- r data, > G. GopAfaetor- shall not be responsible for- any 14azar-do-4-1s; F-2-n-vi-r-&-riffiental Condition uneevefed o Goatfaetof> > Suppliefs, or-anyene else for-w-hom Got4faetor-is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnuay 2,2016 007200-1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnuary2,2016 007200-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property& Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmmy2,2016 007200-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy 2,2016 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto', defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnkgry2,2016 007200-1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 4. for work on arterials during peak hours 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment per task order for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if- a. £a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,20I 6 007200-1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified;and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy2,20I6 007200-1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance,repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy2,2016 00 72 00-1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions:No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance(as amended)by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy Z 2016 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and(ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design,process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Februmy2,2016 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use 4r;t, and nth e,. 4ret r A. r iniit,.t;en on U-se e fMt„ and ntra,.,.A-eaw equipment, the stefage of m4efials and equipmet4, when, an the opefations of workers te the Site and other- areas peffnit4ed by Laws and Regulations, an athef materials or- equipmet4. GopAr-aetor- shall asstune fit!! r-espensibility for- any damage te r-estilfing ffem the per-fet:Faanee of the Wer-k. 2. A4 any time the Gei4faetor- has abstfueted of elesed or- is City, > right of way, area of-the S4e CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjary Z 2016 007200-1 GENERAL CONDITIONS Page 29 of 63 3. Sheti .a any D.,,v..,ge Cln;.-., be add by—&Ry sueh—ey,%er- or- AEeupanA venn„sv of the against all elaims-, eests-' losses-, and damages. arising out of 01, Feiat* to any, elaim 0 B. Removal of Pebpis Dur* Perfermanee of the 4�ef!k During the progress of the We GeiAfaeter- shall keep the Site and other- areas ffee f:f@4-;-;- of vi—Aste fnateFia4s--' Fubbish, and other- debris. Removal and disposal of sueh waste > ntbbish, and ethe debris shall of ,-w, ton plieable Laws and Regulations. C. Site Maktenq-1qr-,- 24 hetffs after- "t4en netiee is given to the CepAr-aetof that th-e elean up on the job site is pr-aeeedia- i IF iffin-s-Ati-s-fa-e-tefy to the City, if the CepAr-aeto fails to eaffeet the unsatisfaetai=y pr-eeedufe, the City may take sueh difeet -actie-i-q- as the City % of tools,P. Final Site Peaning., Prior- to Fina4 Aeeeptanee of the WeEk Cei#faeter- sha4l elean the Site and applianees, disWr- e by the WorL of nd;., r.4 r pe fty to stressesor-pfessufes th4 will endange ;+ 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnuary2,2016 007200-1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Gea#aeter- shall be r-espensible for- eeefdL-tafing aRy exelmnge ef fliatefW safety data sheets or- ethe 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febway2,2016 007200-1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Subn4mq NN4th the aeeepted Sehedule of Submi#a4s (as required by Paragraph 2.07). E—Ae4h- sub-m-ittal'A411 be 2. Data shown on the SubmitWs A411 be eei"Iete with r-espee4 to , Eli speeified per-99Fmanee a*d design ef4er-ia, mater-ia4s, a-ad similar- data to show C;ity-*e ...--tefia4s, and equipment Ge+4faetef proposes to provide and to enable Gity t-o feview the inn ,.,,,,,+;,,n f r the limned per-posesr-equir-ed by Paragraph ti i 4 r 3. cv4mittc s submit4ed as ieFein pr-evicted by GepAr-aet9r—and reviewed by !it„ f= detail, Sp :fiea 6.SubmitfeEtuired number of Samples specified i the Speeifieations, the use fef whieh ipAended and other- data as City may r-equir-e to enable Git�, to r-eview th-e JU VllllLUll 1V1 ll1V lI1ZI1Gvd p vir-ed by Paragraph . CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febwary2,20I6 007200-1 GENERAL CONDITIONS Page 32 of 63 , related Work peFfemed prior-to City's review and aeeeptanee of the peftinent subff4#al A411 be Q Clip cubff.;tWs ., epta le to City, City's reN4ew and aeeeptafiee .A411 be ,nAy t„ dete .,,fle if th to the the r t �i. the dent . cv-srn�a8�lut�6irgiiLvxr�rrncc6i3aE�6t�A6 ��� cscagxi eeneept of- he se aplet8d Pr-gjBE as a fimefiening • die ted by the Geffc aet. Daeuments. means, methods, > > means, or- methed, teeMique, sequenee, efpresedioe e€-seastmstien is speeifieal . and e"Fessly called for- by of a separate item as stiek vvill net kidieate approval of the asseffibly in whieh the it funetiens. 3. City's-review--and aer p+a^^o sheAl not relieve-C-eftfaster ftom responsibility for-any vAth the r-equiFements of Seetion 01 33 00 and City has given wFWen aeeeptanse of eae sueh variation by--sperifie v n«-notatian thereof : ,..,Loa Subm4W. City's r- w-and ass r-elieve Gefft,.,,, er- from r-espetisibility f 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnumy 2,2016 007200-1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART. BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation e f A-e f s .l nes;, r„r,,; es --i-es -- Yeqtfifed to eany etA Gen4aeter's responsibilities for- eonstme4ien means, , teeb.niques, s v systems,B. if professional design sen4ees oF eef4ifieafiens by a design professional Felated to �A411 speeify a4l pet:fenmanee and design er-iter-ia that stieh ser-viees must satisfy. GepAfaeter- shall Submitta4s prepared by sueh professional. S4mitWs Felated to the Work designed oF eeftified by , submitted to Gity. City'sG. Gity shall be entitled to rely upon the adeqtiaey, aeeufaey and eempleteness of the s to GetAr-aeter-per-fefmanee and design eF4efia that sueh sefviees must satisfy. D. PufsuafA to this Pafagfaph 6.22, 7 the pttfpese statedin Paragraph 6 1 8.G. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in-the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnary2,2016 007200-1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8-CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Ewsemews;-, Repept-s and Tests City's dt4ies with r-espeet to providing lands and easements and py-evidifig efl-i =veys to establish r-efer-enee peipAs are set fei4h in Paragraphs 4.01 and 4.05. Pafffgfaph 4.02 F-efer-s to C=4y's stfueVdfes at E)r- eentiguous to the Site that have been t4ilized by Gi�y in pr-epar-ing the Gei-Ar-a Deeufflet4s. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febn=y 2,2016 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is Kassem Elkhalil, or his/her successor pursuant to written notification from the Director of Transportation and Public Works. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnuwy2,20I6 007200-1 GENERAL CONDITIONS Page 38 o£63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor,who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnuary2,2016 007200-1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or(iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjay2,2016 007200-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included.- The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55%markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.I or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.013, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnory2,2016 007200-1 GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if. 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnjayZ2016 007200-1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,20I6 007200-1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0I.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.013.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0I.A.4 and 11.0I.A.5,the Contractor's fee shall be five percent(5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0l.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor,the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febn=y2,2016 007200-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 12.03 Tests c1na�.eetiens , tests,tests, or- appfeva4s and shall eaeper-ate vi4h inspeetion and testing per-set+ael to f4eilitate require reetions or-tests-. r-espensibility for- affanging and obtaining sueh independent inspeetions, tests, r-etests o . eetien or- appr-oval; exeepting, however-, those fees speeifiea4ly identified in the Supplementafy Conditions of any, Texas Depaftment of hieensur-e e.*d Regulation (T-DLR) > submitted fiar- approval prior- to Goi4faeter-'s pufehase thereof for- ineefpor-ati :.A. in �,w D. Gity may affange fef the --i-es of em independei4 testing labefatef-y ("Testing Lab") to per-fefm any inspeetiens or- tests ("Testing") for- any paft of the Work, as detefmined salely b 1. City will Beer-dina4e stteheSting to+�he extent possible with 1 e fit,-aetefL, 2. Should afi�, Testing ttadef "s Seetion 13.03 D r-esidit in a "fail", "did not pass" or- othef Gentfae4ef's eaneellatien witheut eause of Gity initiated Testing shall be deemed a nega4i--ve Y-esuft and fequir-efetest CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnary 2,2016 007200-1 GENERAL CONDITIONS Page 49 of 63 3 Any amounts owed for a retest under- this Seetio 13.03 D shall be paid dir-eet y to the J. LLLl�' ULILV ULLLJ VYY�+Q LVL LL1S�lti lGJL-Gll Testing Lab by Gofi4aeton City A411��ar-d all invoiees for r-etests to GopAraetof. 4. if Gentr-aetof fails to pay the Testing Lab, Gity�A411 not issue Final PayfnepA tm4i!the Testing Lab is paid. E. if any 3A'ofk (of the work of others) that is to be or- approved is eovefed by 7 tested, 7 7 if r-equested by City, uneovestleh Work for-ebsen,atieff, F. Uneever-ing WeEk as pr-ovided in Paragraph 13.03.E sha4l be at f s expense. G. Co-PA-mae-AA-F sh—pili hm,e the r-i& to make a Gonlfaet Qaim regarding any retest or- iiwoiee issue der cv„tio 13.03 n 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection,testing,replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnlary 2,2016 007200-1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Feb imy2,2016 007200-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim,pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 007200-1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. (` Amt.. 1. For- eet4mets less than >000 at the time of exeeutioa, r-etainage shall be ten per-eefl.t. 2. For- eet4mets greater- than >000 at the time of exeetAien, 0°T D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy 2,2016 007200-1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Task Order Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy 2,2016 007200-1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy 2,2016 007200-1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation,may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily;or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjary2,2016 007200-1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnkry2,2016 007200-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnoyZ20I6 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless,within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary 2,2016 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjay2,2016 007200-1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnay2,2016 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 3 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00 -General Conditions,and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions,unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03B.2,"Resolving Discrepancies" 24 25 Plans govern over Specifications. 26 27 SC-4.02A.,"Subsurface and Physical Conditions" 28 29 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 30 31 None 32 33 SC-4.06A.,"Hazardous Environmental Conditions at Site" 34 35 The following are reports and drawings of existing hazardous environmental conditions known to the City: 36 37 None 38 39 SC-5.03A.,"Certificates of Insurance" 40 41 The entities listed below are"additional insureds as their interest may appear"including their respective 42 officers,directors,agents and employees. 43 44 (1) City 45 (2) Consultant:none 46 (3) Other:none 47 48 SC-5.04A.,"Contractor's Insurance" 49 50 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 51 coverages for not less than the following amounts or greater where required by laws and regulations: 52 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised January 22,2016 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 3 1 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 2 3 Statutory limits 4 Employer's liability 5 $100,000 each accident/occurrence 6 $100,000 Disease-each employee 7 $500,000 Disease-policy limit 8 9 SC-5.0413.,"Contractor's Insurance" 10 11 5.0413.Commercial General Liability,under Paragraph GC-5.04B.Contractor's Liability Insurance 12 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 13 minimum limits of: 14 15 $1,000,000 each occurrence 16 $2,000,000 aggregate limit 17 18 The policy must have an endorsement(Amendment—Aggregate Limits of Insurance)making the 19 General Aggregate Limits apply separately to each job site. 20 21 The Commercial General Liability Insurance policies shall provide"X", "C", and"U"coverage's. 22 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 23 24 SC 5.04C.,"Contractor's Insurance" 25 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 26 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 27 28 (1) Automobile Liability-a commercial business policy shall provide coverage on "Any Auto", 29 defined as autos owned,hired and non-owned. 30 31 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 32 least: 33 34 $250,000 Bodily Injury per person/ 35 $500,000 Bodily Injury per accident/ 36 $100,000 Property Damage 37 38 SC-6.04.,"Project Schedule" 39 40 Project schedule shall be tier 1 for the project. 41 42 SC-6.07.,"Wage Rates" 43 44 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 45 Appendixes: 46 47 2013 Prevailing Wage Rates(Heavy and Highway Construction Projects) 48 2013 Prevailing Wage Rates(Commercial Construction Projects) 49 50 SC-6.09.,"Permits and Utilities" 51 52 SC-6.09A.,"Contractor obtained permits and licenses" 53 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 54 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised January 22,2016 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 3 1 1. Street use permit 2 3 SC-6.09B."City obtained permits and licenses" 4 The following are known permits and/or licenses required by the Contract to be acquired by the City: 5 6 None 7 8 SC-6.09C. "Outstanding permits and licenses" 9 10 The following is a list of known outstanding permits and/or licenses to be acquired, if any as of January 3, 11 2018: 12 13 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None 14 15 SC-9.01.,"City's Project Manager" 16 17 The City's Project Manager for this Contract is Kassem Elkhalil,P.E.,or his/her successor pursuant to 18 written notification from the Director of Transportation and Public Works. 19 20 END OF SECTION CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised January 22,2016 01 11 00-1 SUMMARY OF WORK Page 1 of 2 1 SECTION 01 11 00 2 SUMMARY OF WORK 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0-Bidding Requirements, Contract Forms, and Conditions of the Contract 11 2. Division 1 -General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list,then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 20,2012 01 1100-2 SUMMARY OF WORK Page 2 of 2 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks,the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 END OF SECTION 9 10 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 20,2012 013119-1 PRECONSTRUCTION MEETING Page 1 of 2 1 SECTION 0131 19 2 PRECONSTRUCTION MEETING 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include,but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 ADMINISTRATIVE REQUIREMENTS 18 A. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded,tapes will be used to prepare minutes and retained by City for 24 future reference. 25 B. Preconstruction Meeting 26 1. A preconstruction meeting will be held within 14 days after the execution of the 27 Agreement and before Work is started. 28 a. The meeting will be scheduled and administered by the City. 29 2. The Project Representative will preside at the meeting,prepare the notes of the 30 meeting and distribute copies of same to all participants who so request by fully 31 completing the attendance form to be circulated at the beginning of the meeting. 32 3. Attendance shall include: 33 a. Project Representative 34 b. Contractor's project manager 35 c. Contractor's superintendent 36 d. Any subcontractor or supplier representatives whom the Contractor may desire 37 to invite or the City may request 38 e. Other City representatives CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised August 17,2012 013119-2 PRECONSTRUCTION MEETING Page 2 of 2 1 f. Others as appropriate 2 4. Construction Schedule 3 a. Prepare baseline construction schedule in accordance with Section 0132 16 and 4 provide at Preconstruction Meeting. 5 b. City will notify Contractor of any schedule changes upon Notice of 6 Preconstruction Meeting. 7 5. Preliminary Agenda may include: 8 a. Introduction of Project Personnel 9 b. General Description of Project 10 c. Status of right-of-way,utility clearances,easements or other pertinent permits 11 d. Contractor's work plan and schedule 12 e. Contract Time 13 f. Notice to Proceed 14 g. Construction Staking 15 h. Progress Payments 16 i. Extra Work and Change Order Procedures 17 j. Field Orders 18 k. Disposal Site Letter for Waste Material 19 1. Insurance Renewals 20 m. Payroll Certification 21 n. Material Certifications and Quality Control Testing 22 o. Public Safety and Convenience 23 p. Documentation of Pre-Construction Conditions 24 q. Weekend Work Notification 25 r. Legal Holidays 26 s. Trench Safety Plans 27 t. Confined Space Entry Standards 28 u. Coordination with the City's representative for operations of existing water 29 systems 30 v. Storm Water Pollution Prevention Plan 31 w. Coordination with other Contractors 32 x. Early Warning System 33 y. Contractor Evaluation 34 z. Special Conditions applicable to the project 35 aa. Damages Claims 36 bb. Submittal Procedures 37 cc. Substitution Procedures 38 dd. Correspondence Routing 39 ee. Record Drawings 40 ff. Temporary construction facilities 41 gg. M/WBE or MBE/SBE procedures 42 hh. Final Acceptance 43 ii. Final Payment 44 J. Questions or Comments 45 END OF SECTION 46 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised August 17,2012 013120-1 PROJECT MEETINGS Page 1 of 2 1 SECTION 013120 2 PROJECT MEETINGS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for project meetings throughout the construction period to enable orderly 7 review of the progress of the Work and to provide for systematic discussion of 8 potential problems 9 B. Deviations this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include,but are not necessarily limited to: 12 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 —General Requirements 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various items bid. 17 No separate payment will be allowed for this Item. 18 1.3 ADMINISTRATIVE REQUIREMENTS 19 A. Coordination 20 1. Schedule, attend and administer as specified, periodic progress meetings, and 21 specially called meetings throughout progress of the Work. 22 2. Representatives of Contractor, subcontractors and suppliers attending meetings 23 shall be qualified and authorized to act on behalf of the entity each represents. 24 3. Meetings administered by City may be tape recorded. 25 a. If recorded,tapes will be used to prepare minutes and retained by City for 26 future reference. 27 4. Meetings, in addition to those specified in this Section, may be held when requested 28 by the City, Engineer or Contractor. 29 B. Progress Meetings 30 1. Formal project coordination meetings will be held periodically. Meetings will be 31 scheduled and administered by Project Representative. 32 2. Additional progress meetings to discuss specific topics will be conducted on an as- 33 needed basis. Such additional meetings shall include, but not be limited to: 34 a. Coordinating shutdowns 35 b. Installation of piping and equipment 36 c. Coordination between other construction projects 37 d. Resolution of construction issues 38 e. Equipment approval CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 013120-2 PROJECT MEETINGS Page 2 of 2 1 3. The Project Representative will preside at progress meetings,prepare the notes of 2 the meeting and distribute copies of the same to all participants who so request by 3 fully completing the attendance form to be circulated at the beginning of each 4 meeting. 5 4. Attendance shall include: 6 a. Contractor's project manager 7 b. Contractor's superintendent 8 c. Any subcontractor or supplier representatives whom the Contractor may desire 9 to invite or the City may request 10 d. Engineer's representatives 11 e. City's representatives 12 f. Others, as requested by the Project Representative 13 5. Preliminary Agenda may include: 14 a. Review of Work progress since previous meeting 15 b. Field observations,problems, conflicts 16 c. Items which impede construction schedule 17 d. Review of off-site fabrication, delivery schedules 18 e. Review of construction interfacing and sequencing requirements with other 19 construction contracts 20 f. Corrective measures and procedures to regain projected schedule 21 g. Revisions to construction schedule 22 h. Progress, schedule,during succeeding Work period 23 i. Coordination of schedules 24 j. Review submittal schedules 25 k. Maintenance of quality standards 26 1. Pending changes and substitutions 27 m. Review proposed changes for: 28 1) Effect on construction schedule and on completion date 29 2) Effect on other contracts of the Project 30 n. Review Record Documents 31 o. Review monthly pay request 32 p. Review status of Requests for Information 33 6. Meeting Schedule 34 a. Progress meetings will be held periodically as determined by the Project 35 Representative. 36 1) Additional meetings may be held at the request of the: 37 a) City 38 b) Engineer 39 c) Contractor 40 7. Meeting Location 41 a. The City will establish a meeting location. 42 1) To the extent practicable,meetings will be held at the Site. 43 END OF SECTION 44 45 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 013216-1 CONSTRUCTION PROGRESS SCHEDULE Page 1 of 5 1 SECTION 0132 16 2 CONSTRUCTION PROGRESS SCHEDULE 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General requirements for the preparation, submittal,updating, status reporting and 7 management of the Construction Progress Schedule 8 2. Specific requirements are presented in the City of Fort Worth Schedule Guidance 9 Document 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include,but are not necessarily limited to: 13 1. Division 0—Bidding Requirements,Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Definitions 21 1. Schedule Tiers 22 a. Tier 1 -No schedule submittal required by contract. Small,brief duration 23 projects 24 b. Tier 2 -No schedule submittal required by contract, but will require some 25 milestone dates. Small,brief duration projects 26 c. Tier 3 - Schedule submittal required by contract as described in the 27 Specification and herein.Majority of City projects, including all bond program 28 projects 29 d. Tier 4- Schedule submittal required by contract as described in the 30 Specification and herein. Large and/or complex projects with long durations 31 1) Examples: large water pump station project and associated pipeline with 32 interconnection to another governmental entity 33 e. Tier 5- Schedule submittal required by contract as described in the 34 Specification and herein. Large and/or very complex projects with long 35 durations,high public visibility 36 1) Examples might include a water or wastewater treatment plant 37 2. Baseline Schedule-Initial schedule submitted before work begins that will serve 38 as the baseline for measuring progress and departures from the schedule. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 013216-2 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 5 1 3. Progress Schedule-Monthly submittal of a progress schedule documenting 2 progress on the project and any changes anticipated. 3 4. Schedule Narrative-Concise narrative of the schedule including schedule 4 changes, expected delays, key schedule issues, critical path items, etc 5 B. Reference Standards 6 1. City of Fort Worth Schedule Guidance Document 7 1.4 ADMINISTRATIVE REQUIREMENTS 8 A. Baseline Schedule 9 1. General 10 a. Prepare a cost-loaded baseline Schedule using approved software and the 11 Critical Path Method(CPM)as required in the City of Fort Worth Schedule 12 Guidance Document. 13 b. Review the draft cost-loaded baseline Schedule with the City to demonstrate 14 understanding of the work to be performed and known issues and constraints 15 related to the schedule. 16 c. Designate an authorized representative(Project Scheduler)responsible for 17 developing and updating the schedule and preparing reports. 18 B. Progress Schedule 19 1. Update the progress Schedule monthly as required in the City of Fort Worth 20 Schedule Guidance Document. 21 2. Prepare the Schedule Narrative to accompany the monthly progress Schedule. 22 3. Change Orders 23 a. Incorporate approved change orders, resulting in a change of contract time, in 24 the baseline Schedule in accordance with City of Fort Worth Schedule 25 Guidance Document. 26 C. Responsibility for Schedule Compliance 27 1. Whenever it becomes apparent from the current progress Schedule and CPM Status 28 Report that delays to the critical path have resulted and the Contract completion 29 date will not be met, or when so directed by the City, make some or all of the 30 following actions at no additional cost to the City 31 a. Submit a Recovery Plan to the City for approval revised baseline Schedule 32 outlining: 33 1) A written statement of the steps intended to take to remove or arrest the 34 delay to the critical path in the approved schedule 35 2) Increase construction manpower in such quantities and crafts as will 36 substantially eliminate the backlog of work and return current Schedule to 37 meet projected baseline completion dates 38 3) Increase the number of working hours per shift, shifts per day,working 39 days per week,the amount of construction equipment,or any combination 40 of the foregoing, sufficiently to substantially eliminate the backlog of work 41 4) Reschedule activities to achieve maximum practical concurrency of 42 accomplishment of activities, and comply with the revised schedule CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 013216-3 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 5 1 2. If no written statement of the steps intended to take is submitted when so requested 2 by the City,the City may direct the Contractor to increase the level of effort in 3 manpower(trades), equipment and work schedule(overtime,weekend and holiday 4 work, etc.)to be employed by the Contractor in order to remove or arrest the delay 5 to the critical path in the approved schedule. 6 a. No additional cost for such work will be considered. 7 D. The Contract completion time will be adjusted only for causes specified in this 8 Contract. 9 a. Requests for an extension of any Contract completion date must be 10 supplemented with the following: 11 1) Furnish justification and supporting evidence as the City may deem 12 necessary to determine whether the requested extension of time is entitled 13 under the provisions of this Contract. 14 a) The City will, after receipt of such justification and supporting 15 evidence,make findings of fact and will advise the Contractor, in 16 writing thereof. 17 2) If the City finds that the requested extension of time is entitled,the City's 18 determination as to the total number of days allowed for the extensions 19 shall be based upon the approved total baseline schedule and on all data 20 relevant to the extension. 21 a) Such data shall be included in the next updating of the Progress 22 schedule. 23 b) Actual delays in activities which, according to the Baseline schedule, 24 do not affect any Contract completion date shown by the critical path in 25 the network will not be the basis for a change therein. 26 2. Submit each request for change in Contract completion date to the City within 30 27 days after the beginning of the delay for which a time extension is requested but 28 before the date of final payment under this Contract. 29 a. No time extension will be granted for requests which are not submitted within 30 the foregoing time limit. 31 b. From time to time, it may be necessary for the Contract schedule or completion 32 time to be adjusted by the City to reflect the effects of job conditions,weather, 33 technical difficulties, strikes, unavoidable delays on the part of the City or its 34 representatives, and other unforeseeable conditions which may indicate 35 schedule adjustments or completion time extensions. 36 1) Under such conditions,the City will direct the Contractor to reschedule the 37 work or Contract completion time to reflect the changed conditions and the 38 Contractor shall revise his schedule accordingly. 39 a) No additional compensation will be made to the Contractor for such 40 schedule changes except for unavoidable overall contract time 41 extensions beyond the actual completion of unaffected work, in which 42 case the Contractor shall take all possible action to minimize any time 43 extension and any additional cost to the City. 44 b) Available float time in the Baseline schedule may be used by the City 45 as well as by the Contractor. 46 3. Float or slack time is defined as the amount of time between the earliest start date 47 and the latest start date or between the earliest finish date and the latest finish date 48 of a chain of activities on the Baseline Schedule. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July I,2011 013216-4 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 5 1 a. Float or slack time is not for the exclusive use or benefit of either the 2 Contractor or the City. 3 b. Proceed with work according to early start dates, and the City shall have the 4 right to reserve and apportion float time according to the needs of the project. 5 c. Acknowledge and agree that actual delays,affecting paths of activities 6 containing float time,will not have any effect upon contract completion times, 7 providing that the actual delay does not exceed the float time associated with 8 those activities. 9 E. Coordinating Schedule with Other Contract Schedules 10 1. Where work is to be performed under this Contract concurrently with or contingent 11 upon work performed on the same facilities or area under other contracts,the 12 Baseline Schedule shall be coordinated with the schedules of the other contracts. 13 a. Obtain the schedules of the other appropriate contracts from the City for the 14 preparation and updating of Baseline schedule and make the required changes 15 in his schedule when indicated by changes in corresponding schedules. 16 2. In case of interference between the operations of different contractors,the City will 17 determine the work priority of each contractor and the sequence of work necessary 18 to expedite the completion of the entire Project. 19 a. In such cases,the decision of the City shall be accepted as final. 20 b. The temporary delay of any work due to such circumstances shall not be 21 considered as justification for claims for additional compensation. 22 1.5 SUBMITTALS 23 A. Baseline Schedule 24 1. Submit Schedule in native file format and pdf format as required in the City of Fort 25 Worth Schedule Guidance Document. 26 a. Native file format includes: 27 1) Primavera(P6 or Primavera Contractor) 28 2. Submit draft baseline Schedule to City prior to the pre-construction meeting and 29 bring in hard copy to the meeting for review and discussion. 30 B. Progress Schedule 31 1. Submit progress Schedule in native file format and pdf format as required in the 32 City of Fort Worth Schedule Guidance Document. 33 2. Submit progress Schedule monthly no later than the last day of the month. 34 C. Schedule Narrative 35 1. Submit the schedule narrative in pdf format as required in the City of Fort Worth 36 Schedule Guidance Document. 37 2. Submit schedule narrative monthly no later than the last day of the month. 38 D. Submittal Process 39 1. The City administers and manages schedules through Buzzsaw. 40 2. Contractor shall submit documents as required in the City of Fort Worth Schedule 41 Guidance Document. 42 3. Once the project has been completed and Final Acceptance has been issued by the 43 City,no further progress schedules are required. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 013216-5 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 5 1 1.6 QUALITY ASSURANCE 2 A. The person preparing and revising the construction Progress Schedule shall be 3 experienced in the preparation of schedules of similar complexity. 4 B. Schedule and supporting documents addressed in this Specification shall be prepared, 5 updated and revised to accurately reflect the performance of the construction. 6 C. Contractor is responsible for the quality of all submittals in this section meeting the 7 standard of care for the construction industry for similar projects. 8 END OF SECTION 9 10 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 013233-1 PRECONSTRUCTION VIDEO Page 1 of 1 1 SECTION 0132 33 2 PRECONSTRUCTION VIDEO 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative and procedural requirements for: 7 a. Preconstruction Videos 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 —General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various items bid. 16 No separate payment will be allowed for this Item. 17 1.3 ADMINISTRATIVE REQUIREMENTS 18 A. Preconstruction Video 19 1. Produce a preconstruction video of the site/alignment, including all areas in the 20 vicinity of and to be affected by construction. 21 a. Provide digital copy of video upon request by the City. 22 2. Retain a copy of the preconstruction video until the end of the maintenance surety 23 period. 24 END OF SECTION 25 26 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 013513-1 SPECIAL PROJECT PROCEDURES Page 1 of 5 1 SECTION 0135 13 2 SPECIAL PROJECT PROCEDURES 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedures for special project circumstances that includes,but is not limited to: 7 a. Coordination with the Texas Department of Transportation 8 b. Work near High Voltage Lines 9 c. Air Pollution Watch Days 10 d. Public Notification Prior to Beginning Construction 11 e. Employee Parking 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 —General Requirements 17 3. Section 33 12 25—Connection to Existing Water Mains 18 1.2 PRICE AND PAYMENT PROCEDURES 19 A. Measurement and Payment 20 1. All other items 21 a. Work associated with these Items is considered subsidiary to the various Items 22 bid. No separate payment will be allowed for this Item. 23 1.3 REFERENCES 24 A. Reference Standards 25 1. Reference standards cited in this Specification refer to the current reference 26 standard published at the time of the latest revision date logged at the end of this 27 Specification, unless a date is specifically cited. 28 2. Health and Safety Code,Title 9. Safety, Subtitle A.Public Safety,Chapter 752. 29 High Voltage Overhead Lines. 30 3. North Central Texas Council of Governments(NCTCOG)—Clean Construction 31 Specification 32 1.4 ADMINISTRATIVE REQUIREMENTS 33 A. Coordination with the Texas Department of Transportation 34 1. When work in the right-of-way which is under the jurisdiction of the Texas 35 Department of Transportation(TxDOT): 36 a. Notify the Texas Department of Transportation prior to commencing any work 37 therein in accordance with the provisions of the permit CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Througb-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 20,2012 0135 13-2 SPECIAL PROJECT PROCEDURES Page 2 of 5 1 b. All work performed in the TxDOT right-of-way shall be performed in 2 compliance with and subject to approval from the Texas Department of 3 Transportation 4 B. Work near High Voltage Lines 5 1. Regulatory Requirements 6 a. All Work near High Voltage Lines(more than 600 volts measured between 7 conductors or between a conductor and the ground) shall be in accordance with 8 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 9 2. Warning sign 10 a. Provide sign of sufficient size meeting all OSHA requirements. 11 3. Equipment operating within 10 feet of high voltage lines will require the following 12 safety features 13 a. Insulating cage-type of guard about the boom or arm 14 b. Insulator links on the lift hook connections for back hoes or dippers 15 c. Equipment must meet the safety requirements as set forth by OSHA and the 16 safety requirements of the owner of the high voltage lines 17 4. Work within 6 feet of high voltage electric lines 18 a. Notification shall be given to: 19 1) The power company (example: ONCOR) 20 a) Maintain an accurate log of all such calls to power company and record 21 action taken in each case. 22 b. Coordination with power company 23 1) After notification coordinate with the power company to: 24 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 25 lower the lines 26 c. No personnel may work within 6 feet of a high voltage line before the above 27 requirements have been met. 28 C. Air Pollution Watch Days 29 1. General 30 a. Observe the following guidelines relating to working on City construction sites 31 on days designated as"AIR POLLUTION WATCH DAYS". 32 b. Typical Ozone Season 33 1) May 1 through October 31. 34 c. Critical Emission Time 35 1) 6:00 a.m.to 10:00 a.m. 36 2. Watch Days 37 a. The Texas Commission on Environmental Quality(TCEQ), in coordination 38 with the National Weather Service, will issue the Air Pollution Watch by 3:00 39 p.m. on the afternoon prior to the WATCH day. 40 b. Requirements 41 1) Begin work after 10:00 a.m. whenever construction phasing requires the 42 use of motorized equipment for periods in excess of 1 hour. 43 2) However,the Contractor may begin work prior to 10:00 a.m. if: 44 a) Use of motorized equipment is less than 1 hour, or 45 b) If equipment is new and certified by EPA as "Low Emitting", or 46 equipment burns Ultra Low Sulfur Diesel(ULSD), diesel emulsions, or 47 alternative fuels such as CNG. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 20,2012 013513-3 SPECIAL PROJECT PROCEDURES Page 3 of 5 1 D. Public Notification Prior to Beginning Construction 2 1. Prior to beginning construction on any block in the project, on a block by block 3 basis,prepare and deliver a notice or flyer of the pending construction to the front 4 door of each residence or business that will be impacted by construction. The notice 5 shall be prepared as follows: 6 a. Post notice or flyer 7 days prior to beginning any construction activity on each 7 block in the project area. 8 1) Prepare flyer on the Contractor's letterhead and include the following 9 information: 10 a) Name of Project 11 b) City Project No(CPN) 12 c) Scope of Project(i.e.type of construction activity) 13 d) Actual construction duration within the block 14 e) Name of the contractor's foreman and phone number 15 f) Name of the City's inspector and phone number 16 g) City's after-hours phone number 17 2) A sample of the `pre-construction notification' flyer is attached as Exhibit 18 A. 19 3) Submit schedule showing the construction start and finish time for each 20 block of the project to the inspector. 21 4) Deliver flyer to the City Inspector for review prior to distribution. 22 b. No construction will be allowed to begin on any block until the flyer is 23 delivered to all residents of the block. 24 E. Employee Parking 25 1. Provide parking for employees at locations approved by the City. 26 END OF SECTION 27 28 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 20,2012 0135 13-4 SPECIAL PROJECT PROCEDURES Page 4 of 5 1 EXHIBIT A 2 (To be printed on Contractor's Letterhead) 3 4 5 6 Date: 7 8 CPN No.: 9 Project Name: 10 Mapsco Location: 11 Limits of Construction: 12 13 14 15 16 17 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 18 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 19 PROPERTY. 20 21 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 22 OF THIS NOTICE. 23 24 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 25 ISSUE, PLEASE CALL: 26 27 28 Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> 29 30 OR 31 32 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 33 34 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 35 36 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 37 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 20,2012 0135 13-5 SPECIAL PROJECT PROCEDURES Page 5 of 5 1 EXHIBIT B 2 FORTWORTH tom: DOH NO.XXXX Project Bene: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, CONTRACTOR 4 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 20,2012 01 55 26-1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 2 1 SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include,but are not necessarily limited to: 13 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 —General Requirements 15 3. Section 34 71 13—Traffic Control 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings,provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 015526-2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 2 1 a. To obtain Street Use Permit, submit Traffic Control Plans to City Development 2 Department. 3 1) Allow a minimum of 5 working days for permit review. 4 2) Contractor's responsibility to coordinate review of Traffic Control plans for 5 Street Use Permit, such that construction is not delayed. 6 C. Modification to Approved Traffic Control 7 1. Prior to installation traffic control: 8 a. Submit revised traffic control plans to City Department Transportation and 9 Public Works Department. 10 1) Revise Traffic Control plans in accordance with Section 34 71 13. 11 2) Allow minimum 5 working days for review of revised Traffic Control. 12 3) It is the Contractor's responsibility to coordinate review of Traffic Control 13 plans for Street Use Permit, such that construction is not delayed. 14 D. Removal of Street Sign 15 1. If it is determined that a street sign must be removed for construction,then contact 16 City Transportation and Public Works Department, Signs and Markings Division to 17 remove the sign. 18 E. Temporary Signage 19 1. In the case of regulatory signs,replace permanent sign with temporary sign meeting 20 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 21 Devices(MUTCD). 22 2. Install temporary sign before the removal of permanent sign. 23 3. When construction is complete,to the extent that the permanent sign can be 24 reinstalled,contact the City Transportation and Public Works Department, Signs 25 and Markings Division,to reinstall the permanent sign. 26 F. Traffic Control Standards 27 1. Traffic Control Standards can be found on the City's Buzzsaw website. 28 END OF SECTION 29 30 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 016600-1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Pagel of 2 1 SECTION 0166 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 —General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 DELIVERY AND HANDLING 21 A. Handling Requirements 22 1. Handle products or equipment in accordance with these Contract Documents and 23 manufacturer's recommendations and instructions. 24 B. Storage Requirements 25 1. Store materials in accordance with manufacturer's recommendations and 26 requirements of these Specifications. 27 2. Make necessary provisions for safe storage of materials and equipment. 28 a. Place loose soil materials and materials to be incorporated into Work to prevent 29 damage to any part of Work or existing facilities and to maintain free access at 30 all times to all parts of Work and to utility service company installations in 31 vicinity of Work. 32 3. Keep materials and equipment neatly and compactly stored in locations that will 33 cause minimum inconvenience to other contractors, public travel, adjoining owners, 34 tenants and occupants. 35 a. Arrange storage to provide easy access for inspection. 36 4. Restrict storage to areas available on construction site for storage of material and 37 equipment as shown on Drawings, or approved by City's Project Representative. 38 5. Provide off-site storage and protection when on-site storage is not adequate. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July I,2011 016600-2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 2 1 a. Provide addresses of and access to off-site storage locations for inspection by 2 City's Project Representative. 3 6. Do not use lawns,grass plots or other private property for storage purposes without 4 written permission of owner or other person in possession or control of premises. 5 7. Store in manufacturers' unopened containers. 6 8. Neatly, safely and compactly stack materials delivered and stored along line of 7 Work to avoid inconvenience and damage to property owners and general public 8 and maintain at least 3 feet from fire hydrant. 9 9. Keep public and private driveways and street crossings open. 10 PART 2- EXECUTION 11 2.1 FIELD [OR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non-Conforming Work 15 1. Reject all products or equipment that are damaged,used or in any other way 16 unsatisfactory for use on the project. 17 2.2 PROTECTION 18 A. Protect all products or equipment in accordance with manufacturer's written directions. 19 B. Store products or equipment in location to avoid physical damage to items while in 20 storage. 21 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 22 the manufacturer. 23 END OF SECTION CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 01 70 00-1 MOBILIZATION AND REMOBILIZATION Page 1 of 1 1 SECTION 0170 00 2 MOBILIZATION AND REMOBILIZATION 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor's personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor's operation 11 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor's personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor's operation 16 from 1 location to another location on the Site. 17 b. Demobilization 18 1) Transportation of Contractor's personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 B. Deviations from this City of Fort Worth Standard Specification 26 1. None. 27 C. Related Specification Sections include, but are not necessarily limited to: 28 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 29 2. Division 1 —General Requirements 30 1.2 PRICE AND PAYMENT PROCEDURES 31 A. Measurement and Payment 32 1. Mobilization and Demobilization 33 a. Measure 34 1) This Item is considered subsidiary to the various Items bid. 35 b. Payment 36 1) The work performed and materials furnished in accordance with this Item 37 are subsidiary to the various Items bid and no other compensation will be 38 allowed. 39 END OF SECTION 40 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised January 18,2017 0177 19-1 CLOSEOUT REQUIREMENTS Page 1 of 2 1 SECTION 0177 19 2 CLOSEOUT REQUIREMENTS 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees,bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.4 SUBMITTALS 25 A. Submit all required documentation to City's Project Representative. 26 PART 2 - EXECUTION 27 2.1 CLOSEOUT PROCEDURE 28 A. Prior to requesting Final Inspection, submit: 29 1. Project Record Documents in accordance with Section 01 78 39 30 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 31 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 32 01 7423. 33 C. Final Inspection CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 01 77 19-2 CLOSEOUT REQUIREMENTS Page 2 of 2 1 1. After final cleaning, provide notice to the City Project Representative that the Work 2 is completed. 3 a. The City will make an initial Final Inspection with the Contractor present. 4 b. Upon completion of this inspection,the City will notify the Contractor, in 5 writing within 10 business days, of any in which this inspection reveals that the 6 Work is defective or incomplete. 7 2. Upon receiving written notice from the City, immediately undertake the Work 8 required to remedy deficiencies and complete the Work to the satisfaction of the 9 City. 10 3. Upon completion of Work associated with the items listed in the City's written 11 notice, inform the City,that the required Work has been completed. Upon receipt 12 of this notice,the City, in the presence of the Contractor, will make a subsequent 13 Final Inspection of the project. 14 4. Provide all special accessories required to place each item of equipment in full 15 operation. These special accessory items include, but are not limited to: 16 a. Specified spare parts 17 b. Adequate oil and grease as required for the first lubrication of the equipment 18 c. Initial fill up of all chemical tanks and fuel tanks 19 d. Light bulbs 20 e. Fuses 21 f. Vault keys 22 g. Handwheels 23 h. Other expendable items as required for initial start-up and operation of all 24 equipment 25 D. Notice of Project Completion 26 1. Once the City Project Representative finds the Work subsequent to Final Inspection 27 to be satisfactory,the City will issue a Notice of Project Completion(Green Sheet). 28 E. Supporting Documentation 29 1. Coordinate with the City Project Representative to complete the following 30 additional forms: 31 a. Final Payment Request 32 b. Statement of Contract Time 33 c. Affidavit of Payment and Release of Liens 34 d. Consent of Surety to Final Payment 35 e. Pipe Report(if required) 36 f. Contractor's Evaluation of City 37 g. Performance Evaluation of Contractor 38 F. Letter of Final Acceptance 39 1. Upon review and acceptance of Notice of Project Completion and Supporting 40 Documentation, in accordance with General Conditions, City will issue Letter of 41 Final Acceptance and release the Final Payment Request for payment. 42 END OF SECTION 43 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 344160-1 PAN-TILT-ZOOM CAMERA AND CABLE Page 1 of 2 1 SECTION 34 4160 2 PAN-TILT-ZOOM CAMERA AND CABLE 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Installation of Pan-Tilt-Zoom(PTZ)Cameras and Cables 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Install, Configure, and Test PTZ Camera 15 a. Measurement 16 1) Measurement for this Item shall be per each PTZ Camera installed, 17 configured, and tested. 18 b. Payment 19 1) The work performed and materials furnished in accordance with this Item 20 shall be paid for at the unit bid price per each "Install, Configure, and Test 21 PTZ Camera." 22 c. The price bid shall include: 23 1) Picking up material from the City 24 2) Installation of PTZ Camera(Provided by City) 25 3) Configuration 26 4) Programming of IP Address(Provided by City) 27 5) Testing 28 6) Mounting Hardware 29 2. Install CAT-5e Cable 30 a. Measurement 31 1) Measurement for this Item shall be per linear foot of CAT-5e cable 32 installed. 33 b. Payment 34 1) The work performed and materials furnished in accordance with this Item 35 shall be paid for at the unit bid price per linear foot of"Install CAT-5e 36 cable." 37 c. The price bid shall include: 38 1) Picking up material from the City 39 2) Installation and termination of CAT-5e cable(Provided by City) CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 14,2017 344160-2 PAN-TILT-ZOOM CAMERA AND CABLE Page 2 of 2 1 1.3 REFERENCES [NONE] 2 1.4 ADMINISTRATIVE REQUIREMENTS 3 A. Coordination 4 1. Contact Traffic Management Division(817-392-7738)a minimum of 48 hours 5 prior to starting work. 6 1.5 SUBMITTALS 7 A. Obtain a Street Use Permit from the Development Department, 200 Texas Street. The 8 Traffic Control Plan (TCP)for the Project shall be as detailed on the Traffic Control 9 Plan Detail sheets DD661 and DD662. A copy of these Traffic Control Plan Details 10 shall be submitted with the Street Use Permit. 11 B. Lane closures 24 hours or longer shall require a site-specific traffic control plan. 12 13 PART 2- PRODUCTS [NONE] 14 15 PART 3 - EXECUTION 16 3.1 PREPARATION 17 A. Protection of In-Place Conditions 18 1. Protect existing traffic signal equipment. 19 3.2 INSTALLATION 20 A. Install PTZ Camera provided by the City of Fort Worth. 21 B. Configure the PTZ Camera per manufacturer recommendations. 22 C. Programming the IP address as provided by the City of Fort Worth. 23 D. Test PTZ Camera for full operation both locally and by remote. 24 E. Installation and termination of PTZ CAT-5e cable running from PTZ Camera to 4G 25 Modem in the Traffic Signal Cabinet, without any splices. 26 27 END OF SECTION 28 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 14,2017 347113-1 TRAFFIC CONTROL Page 1 of 4 1 SECTION 34 7113 2 TRAFFIC CONTROL 3 PART1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Installation of Traffic Control Devices and preparation of Traffic Control Plans 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include,but are not necessarily limited to: 10 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 —General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Installation of Traffic Control Devices 15 a. Measurement 16 1) This Item is considered subsidiary to the various Items bid. 17 b. Payment 18 1) The work performed and materials furnished in accordance with this Item 19 are subsidiary to the various Items bid and no other compensation will be 20 allowed. 21 c. Installation of Traffic Control Devices shall include: 22 1) Traffic Control implementation 23 2) Installation 24 3) Maintenance 25 4) Adjustments 26 5) Replacements 27 6) Removal 28 7) Police assistance during peak hours 29 8) Adherence to City and Texas Manual on Uniform Traffic Control Devices 30 (TMUTCD) 31 1.3 REFERENCES 32 A. Reference Standards 33 1. Reference standards cited in this Specification refer to the current reference 34 standard published at the time of the latest revision date logged at the end of this 35 Specification,unless a date is specifically cited. 36 2. Texas Manual on Uniform Traffic Control Devices(TMUTCD). 37 3. Item 502,Barricades, Signs,and Traffic Handling of the Texas Department of 38 Transportation, Standard Specifications for Construction and Maintenance of 39 Highways, Streets, and Bridges. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cablelnstallation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 19,2016 347113-2 TRAFFIC CONTROL Page 2 of 4 1 1.4 ADMINISTRATIVE REQUIREMENTS 2 A. Coordination 3 1. Contact Traffic Management Division(817-392-7738)a minimum of 48 hours 4 prior to implementing Traffic Control within 500 feet of a traffic signal. 5 B. Sequencing 6 1. Any deviations to the Traffic Control Plan included in the Drawings must be first 7 approved by the City and design Engineer before implementation. 8 1.5 SUBMITTALS 9 A. Provide the City with a current list of qualified flaggers before beginning flagging 10 activities. Use only flaggers on the qualified list. 11 B. Obtain a Street Use Permit from the Street Management Section of the Traffic 12 Engineering Division, 1000 Throckmorton Street. The Traffic Control Plan(TCP)for 13 the Project shall be as detailed on the Traffic Control Plan Detail sheets of the Drawing 14 set. A copy of this Traffic Control Plan shall be submitted with the Street Use Permit. 15 C. Traffic Control Plans shall be signed and sealed by a licensed Texas Professional 16 Engineer. 17 D. Contractor shall prepare Traffic Control Plans if required by the Drawings or 18 Specifications. The Contractor will be responsible for having a licensed Texas 19 Professional Engineer sign and seal the Traffic Control Plan sheets. 20 E. Lane closures 24 hours or longer shall require a site-specific traffic control plan. 21 F. Contractor responsible for having a licensed Texas Professional Engineer sign and seal 22 changes to the Traffic Control Plan(s)developed by the Design Engineer. 23 G. Design Engineer will furnish standard details for Traffic Control. 24 PART 2- PRODUCTS 25 2.1 ASSEMBLIES AND MATERIALS 26 A. Description 27 1. Regulatory Requirements 28 a. Provide Traffic Control Devices that conform to details shown on the 29 Drawings,the TMUTCD, and TxDOT's Compliant Work Zone Traffic Control 30 Device List(CWZTCDL). 31 2. Materials 32 a. Traffic Control Devices must meet all reflectivity requirements included in the 33 TMUTCD and TxDOT Specifications—Item 502 always during construction. 34 b. Electronic message boards shall be provided in accordance with the TMUTCD. 35 PART 3- EXECUTION 36 3.1 PREPARATION 37 A. Protection of In-Place Conditions CITY OF FORT WORTH Pan-Tilt-Zoom Camera and CableInstallation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 19,2016 3471 13-3 TRAFFIC CONTROL Page 3 of 4 1 1. Protect existing traffic signal equipment. 2 3.2 INSTALLATION 3 A. Follow the Traffic Control Plan(TCP) and install Traffic Control Devices as shown on 4 the Drawings and as directed. 5 B. Install Traffic Control Devices straight and plumb. 6 C. Do not make changes to the location of any device or implement any other changes to 7 the Traffic Control Plan without the approval of the Engineer. 8 1. Minor adjustments to meet field constructability and visibility are allowed. 9 D. Maintain Traffic Control Devices by taking corrective action as soon as possible. 10 1. Corrective action includes but is not limited to cleaning,replacing, straightening, 11 covering, or removing Devices. 12 2. Maintain the Devices such that they are properly positioned, spaced, and legible, 13 and that retroreflective characteristics meet requirements during darkness and rain. 14 E. If the Inspector discovers that the Contractor has failed to comply with applicable federal 15 and state laws(by failing to furnish the necessary flagmen,warning devices,barricades, 16 lights, signs,or other precautionary measures for the protection of persons or property),the 17 Inspector may order such additional precautionary measures be taken to protect persons 18 and property. 19 F. Subject to the approval of the Inspector,portions of this Project,which are not affected by 20 or in conflict with the proposed method of handling traffic or utility adjustments,can be 21 constructed during any phase. 22 G. Barricades and signs shall be placed in such a manner as to not interfere with the sight 23 distance of drivers entering the highway from driveways or side streets. 24 H. To facilitate shifting, barricades and signs used in lane closures or traffic staging may 25 be erected and mounted on portable supports. 26 1. The support design is subject to the approval of the Engineer. 27 L Lane closures shall be in accordance with the approved Traffic Control Plans. 28 J. If at any time the existing traffic signals become inoperable because of construction 29 operations,the Contractor shall provide portable stop signs with 2 orange flags,as 30 approved by the Engineer,to be used for Traffic Control. 31 K. Contractor shall make arrangements for police assistance to direct traffic if traffic signal 32 turn-ons,street light pole installation,or other construction will be done during peak traffic 33 times(AM: 7 am—9 am,PM: 4 pm-6 pm). 34 L. Flaggers 35 1. Provide a Contractor representative who has been certified as a flagging instructor 36 through courses offered by the Texas Engineering Extension Service,the American 37 Traffic Safety Services Association,the National Safety Council, or other approved 38 organizations. 39 a. Provide the certificate indicating course completion when requested. 40 b. This representative is responsible for training and assuring that all flaggers are 41 qualified to perform flagging duties. CITY OF FORT WORTH Pan-Tilt-Zoom Camera and CableInstallation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 19,2016 3471 13-4 TRAFFIC CONTROL Page 4 of 4 1 2. A qualified flagger must be independently certified by 1 of the organizations listed 2 above or trained by the Contractor's certified flagging instructor. 3 3. Flaggers must be courteous and able to effectively communicate with the public. 4 4. When directing traffic, flaggers must use standard attire, flags, signs, and signals 5 and follow the flagging procedures set forth in the TWTCD. 6 5. Provide and maintain flaggers at such points and for such periods of time as may be 7 required to provide for the safety and convenience of public travel and Contractor's 8 personnel, and as shown on the Drawings or as directed by the Engineer. 9 a. These flaggers shall be located at each end of the lane closure. 10 A Removal 11 1. Upon completion of Work,remove from the Site all barricades, signs, cones, lights 12 and other Traffic Control Devices used for work-zone traffic handling in a timely 13 manner, unless otherwise shown on the Drawings. 14 15 16 END OF SECTION 17 18 CITY OF FORT WORTH Pan-Tilt-Zoom Camera and CableInstallation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised December 19,2016 APPENDIX GC-6.06.1)Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 GC-6.06.1) Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,20I1 t)2-0i -18 P03 :01 OUT City of Fort Worth Departmental Request for Waiver Of MBE/SBE Subcontracting/Supplier goal Transportation and Public Works $95,000.00 2/1/2018 DEPARTMENT NAME: ESTIMATED COST / PROPOSAL DATE PTZ Camera and Cable Installation Task Order Construction Contract Unit Price ContrectNarlous NAME OF PROJECT/BJD: DOE/PROJECT NO. 8742 1119118 SIGNATURE OF/PROJECT MANAGER EXTENSION DATE NIGP CODE Prior to advertisement the contracting/mauaging department shall determine whether the bid/proposal is one which NM/SBM requirements should not be applied. MBWSME requirements may be waived upon written approval of the M/WME Manager. If one of the conditions listed below exists,the contracting/managing department shall notify the Manager via this form,stating the speoifie reason(s)for requesting a waiver. If the contracting/managing department and the Manager are in conflict over the granting of a waiver, either may appeal to the City Manager,or designee, and his/her decision is final. Please Check Applicable Reason: ®A. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance,because the public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy;or ffM13. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance,because the purchase of goods or services from source(s)where subcontracting or supplier opportunities are negligible; or =C. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Department and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance,because the application of the provisions of this ordinance will impose an economic risk on the City or unduly delay acquisition of the goods or services; or QD. MWBE Office: A waiver of the goal for MBE/SHE subcontracting requirements was requested by the Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance,because the MWBE Waiver is solicited based on the sole source information provided to the MWBE Office by the managing department's project manager. Justify Commodity or Service Waiver Request: Tw.Ackd coMuderwRNw�h■rre wmau.ad ubk whp N.kam i.rwn�i,rwn.o�.na r..woavn a.uyps.d eywoyr.ni...weMw a.rowPomnlrselh0ava.AwMMNm NY Tnk�_r eanwcC.alkYeion Please use additional sheets,it:needed M1WWj0FF1CE USE ONLY: r � Approved Signator o /WBE Aut razed Personnel Date 71 Not Approved Signature of M/WBE Authorized Personnel Date ftm 2.20.12 ! ,A 118 to ATTACHMENT 1C Page 1 of 4 FORT WORTH City of Fort Worth Minority Business Enterprise MBE Good Faith Effort Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: . --_- NON-M/W/DBE PAN-TILT-ZOOM CAMERA AND CABLE INSTALLATION BID DATE 2/1/18 City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER % If the Offeror did not meet or exceed the MBE subcontracting goal for this project, the Offeror must complete this form. If the Offeror's method of compliance with the MBE goal is based upon demonstration of a "good faith effort", the Offeror will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 11 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation of the facts or intentional discrimination by the Offeror. Failure to complete this form, in its entirety with supporting documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date,will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity for the completion of this project, regardless of whether it is to be provided by a MBE or non-MBE. (DO NOT LIST NAMES OF FIRMS) On all projects, the Offeror must list each subcontracting and or supplier opportunity regardless of tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities Rev.2/10/15 ATTACHMENT 1C Page 2 of 4 2.) Obtain a current(not more than two(2) months old from the bid open date) list of MBE subcontractors and/or suppliers from the City's MIWBE Office. Yes Date of Listing / / No 3.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes (If yes,attach MBE mail listing to include name of firm and address and a dated copy of letter mailed.) No 4.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MBE firm,person contacted,phone number and date and time of contact.) No 5.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by facsimile (fax), exclusive of the day the bids are opened? Yes (If yes,attach list to include name of MBE firm,fax number and date and time of contact. In addition,if the fax is returned as undeliverable,then that"undeliverable confirmation"received must be printed directly from the facsimile for proper documentation. Failure to submit confirmation and/or"undeliverable confirmation" documentation may render the GFE non-responsive.) No 6.) Did you solicit bids from MBE firms,within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by email, exclusive of the day the bids are opened? Yes (If yes,attach email confirmation to include name of MBE firm,date and time.In addition,if an email is returned as undeliverable,then that"undeliverable message"receipt must be printed directly from the email system for proper documentation. Failure to submit confirmation and/or"undeliverable message"documentation may render the GFE non-responsive.) No NOTE: The four methods identified above are acceptable for soliciting bids, and each selected method must be applied to the applicable contract. The Offeror must document that either at least two attempts were made using two of the four methods or that at least one successful contact was made using one of the four methods in order to be deemed responsive to the Good Faith Effort requirement. NOTE: The Offeror must contact the entire MBE list specific to each subcontracting and supplier opportunity to be in compliance with questions 3 through 6. 7.) Did you provide plans and specifications to potential MBEs? Yes No 8.) Did you provide the information regarding the location of plans and specifications in order to assist the MBEs? Yes No Rev.2/10/15 ATTACHMENT 1C Page 3 of 4 9.) Did you prepare a quotation for the MBEs to bid on goods/services specific to their skill set? Yes (If yes,attach all copies of quotations.) No 10.) Was the contact information on any of the listings not valid? Yes (If yes,attach the information that was not valid in order for the M/WBE Office to address the corrections needed.) No 11.)Submit documentation if MBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the MBE was rejected and any supporting documentation the Offeror wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the Offeror will provide for confidential in-camera access to an inspection of any relevant documentation by City personnel. Please use additional sheets, if necessary,and attach. Company Name Telephone Contact Person Scope of Work Reason for Rejection ADDITIONAL INFORMATION: Please provide additional information you feel will further explain your good and honest efforts to obtain MBE participation on this project. The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance shall create a material breach of contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Rev.2/10/15 ATTACHMENT 1C Page 4 of 4 The undersigned certifies that the information provided and the MBE(s) listed was/were contacted in good faith. It is understood that any MBEs) listed in Attachment 1C will be contacted and the reasons for not using them will be verified by the City's M/WBE Office. Authorized Signature Printed Signature Title Contact Name and Title (if different) Company Name Phone Number Fax Number Address Email Address City/State/Zip Date Rev.2/10/15 Joint Venture Page 1 of 3 FORT WORTH CITY OF FORT WORTH MBE Joint Venture Eligibility Form All questions must be answered;use"N/A"if not applicable. Name of City project: PAN-TILT-ZOOM CAMERA AND CABLE INSTALLATION A joint venture form must be completed on each project RFP/Bid/Purchasing Number: 1.Joint venture information: Joint Venture Name: Joint Venture Address: of applicable) Telephone: Facsimile: E-mail address: Cellular: Identify the firms that comprise the joint venture: Please attach extra sheets if additional space is required to provide detailed explanations of work to be performed by each firm comprising the joint venture MBE firm Non-MBE firm name• name: Business Address: Business Address: City,State,Zip: City,State,Zip: Telephone Facsimile E-mail Telephone Facsimile Cellular Cellular Certification Status: E-mail address Name of Certifying Agency: 2.Scope of work performed by the Joint Venture: Describe the scope of work of the MBE: Describe the scope of work of the non-MBE: Rev.2/10/15 Joint Venture Page 2 of 3 3.What is the percentage of MBE participation on this joint venture that you wish to be counted toward meeting the project goal? 4.Attach a copy of the joint venture agreement. 5.List components of ownership of joint venture: (Do not complete if this information is described in joint venture agreement) Profit and loss sharing: Capital contributions, including equipment: Other applicable ownership interests: 6. Identify by name, race,sex and firm those individuals(with titles)who are responsible for the day-to-day management and decision making of the joint venture: Financial decisions (to include Account Payable and Receivable): Management decisions: a. Estimating ---------- --------------------------------------- b. Marketing and Sales ----------------------------------------------- c. Hiring and Firing of management personnel ------------ --------------------------------------- d. Purchasing of major equipment and/or supplies Supervision of field operations The City's Minority and Women Business Enterprise Office will review your joint venture submission and will have final approval of the MBE percentage applied toward the goal for the project listed on this form. NOTE: From and after the date of project award, if any of the participants, the individually defined scopes of work or the dollar amounts/percentages change from the originally approved information, then the participants must inform the City's M/WBE Office immediately for approval. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the City's BDE Ordinance. Rev.2/10/15 Joint Venture Page 3 of AFFIDAVIT The undersigned affirms that the foregoing statements are true and correct and include all material information necessary to identify and explain the terms and operation of the joint venture. Furthermore, the undersigned shall agree to provide to the joint venture the stated scope of work, decision-making responsibilities and payments herein. The City also reserves the right to request any additional information deemed necessary to determine if the joint venture is eligible. Failure to cooperate and/or provide requested information within the time specified is grounds for termination of the eligibility process. The undersigned agree to permit audits, interviews with owners and examination of the books, records and files of the joint venture by any authorized representatives of the City of Fort Worth. Failure to comply with this provision shall result in the termination of any contract, which may be awarded under the provisions of this joint venture's eligibility and may initiate action under Federal, State and/or Local laws/ordinances concerning false statements or willful misrepresentation of facts: ----- --------------------—----------- -- -- - - --__ Name of MBE firm Name of non-MBE firm Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Printed Name of Owner Printed Name of Owner Signature of Owner Signature of Owner Title Title Date Date Notarization State of County of On this day of , 20 , before me appeared and to me personally known and who, being duly sworn, did execute the foregoing affidavit and did state that they were properly authorized to execute this affidavit and did so as their free act and deed. Notary Public Print Name Notary Public Signature Commission Expires (seal) Rev.2/10/15 ATTACHMENT IB FORT WORTH Page 1 of 1 City of Fort Worth Minority Business Enterprise Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: Check applicable block to describe prime PROJECT NAME: M/W/DBE NON-M/W/DBE PAN-TILT-ZOOM CAMERA AND CABLE INSTALLATION BID DATE 2/1/18 City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER % % If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). All questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1 C. This form is only applicable if both answers are yes. Failure to complete this form in its entirety and be received by the Purchasing Division no later than 2:00 pm.,on the second City business day after bid opening, exclusive of the bid opening date,will result in the bid being considered non-responsive to bid specifications. Will you perform this entire contract without subcontractors? YES If yes, please provide a detailed explanation that proves based on the size and scope of this NO project, this is your normal business practice and provide an operational profile of your business. Will you perform this entire contract without suppliers? YES If yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. NO The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) on this contract, the payment thereof and any proposed changes to the original MBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one(1) year. Authorized Signature Printed Signature Title Contact Name(if different) Company Name Phone Number Fax Number Address Email Address City/State2ip Date Rev.2/10/15 FOR` WORTH City of Fort Worth Minority Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR OFFERORS APPLICATION OF POLICY If the total dollar value of the contract is$50,000 or more, then a MBE subcontracting goal is applicable. POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of all goods and services. All requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance applies to this bid. MBE PROJECT GOALS The City's MBE goal on this project is % of the base bid value of the contract. Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. COMPLIANCE TO BID SPECIFICATIONS On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation, or; 3. Good Faith Effort documentation, or; 4. Prime Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Purchasing Division, within the following times allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall deliver the MBE documentation in person to the appropriate employee of the purchasing division and obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the time allocated. A faxed and/or emailed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is received no later than 2:00 p.m., on the second City business day met or exceeded: after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if participation is less than after the bid opening date, exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m., on the second City business day Utilization Form, if no MBE participation: after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if you will received no later than 2:00 p.m., on the second City business day perform all subcontracting/supplier work: after the bid opening date, exclusive of the bid opening date. 5. Joint Venture Form, if goal is met or received no later than 2:00 p.m., on the second City business day exceeded: after the bid opening date, exclusive of the bid opening date. FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any questions, please contact the M/WBE Office at(817)212-2674. Rev.2/10/15 ATTACHMENT IA Page 1 of 4 FORT NORTH City of Fort Worth Minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe Offeror PROJECT NAME: M/W/DBE NON-M/W/DBE PAN-TILT-ZOOM CAMERA AND CABLE INSTALLATION BID DATE 2/1/18 City's MBE Project Goal: Offeror's MBE Project Commitment: PROJECT NUMBER Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications. MBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 1 st tier, a payment by a subcontractor to its supplier is considered 2nd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and counting those dollars towards meeting the contract committed goal. ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offeror will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operated, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operated, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev.2/10/15 FORT«'ORTH ATTACHMENT 1A Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTORISUPPLIER ° Company Name T n Detail Detail Address i M W Subcontracting Supplies Dollar Amount Telephone/Fax e B B B Work Purchased Email E E Contact Person E Rev.2/10/15 FflRWORTH ATTACHMENT 1A Page 3 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T n Detail Detail Address i Subcontracting Supplies M W Dollar Amount Telephone/Fax e B B M Work Purchased Email r E E B Contact Person E El El E El El E Rev.2/10/15 FORT WORTH ATTACHMENT 1A Page 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ Total Dollar Amount of Non-MBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one (1) year. Authorized Signature Printed Signature Title Contact Name/Title(if different) Company Name Telephone and/or Fax Address E-mail Address City/State/Zip Date Rev.2/10/15 GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Pan-Tilt-Zoom Camera and Cable Installation Task Order Construction Services at Various Locations Through-out the City STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.Unit Price Contract,Various Project Numbers Revised July 1,2011 2013 PREVAILING WAGE RATES (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician (Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer(Miscellaneous) $ 13.00 Metal Installer Helper(Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Page 1 of 2 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane,Clamsheel, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's(The Construction Association)website. www.texoassociation.org/Chapter/wagerates.asp Page 2 of 2 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher, Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator,50,000 pounds or less $ 17.19 Excavator Operator,Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter,Structures $ 13.84 Form Setter, Paving&Curb $ 13.16 Foundation Drill Operator,Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted $ 21.07 Front End Loader Operator,3 CY or Less $ 13.69 Front End Loader Operator,Over 3 CY $ 14.72 Laborer, Common $ 10.72 Laborer, Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator,Fine Grade $ 17.19 Motor Grader Operator, Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Roller Operator,Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. Page 1 of 1