The URL can be used to link to this page

Home My WebLink AboutContract 52256 THf9 COPY IS1 OR: ONTRACTOR CITY SECRETARY CITY SECRETARY CONTRACT NO. rr PROJECT MANAGER PMD FILE COPY THE CITY OF FORT WORTH, TEXAS i WILL ROGERS MEMORIAL CENTER RICHAR.DSON BASS STALLS REPLACEMENT PMD2018-17 CITY PROJECT # 100590 FORTWORTH01) BETSY PRICE DAVID COOKE MAYOR CITY MANAGER Roger Venables Interim Director, Property Management Department Kirk Slaughter , Director, Public Events Department Elements of Architecture FPI Builders, LLC G� March 2019 i OPFOCOAL RECORD g CITY SECRETARY Instruction to Offerors FT.WOUglif A City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) wr City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/19/2019 DATE: Tuesday, March 19, 2019 REFERENCE NO.: **C-29061 LOG NAME: 21WRMC RICHARDSON BASS STALLS REPLACEMENT SUBJECT: Authorize Execution of a Construction Contract with FPI Builders, LLC, in the Total Amount of$720,754.00, Including 7.5 Percent for the Owner's Construction Contingency Allowance, for Richardson Bass Stall -- Replacement Project at Will Rogers Memorial Center, and Provide for Administrative Costs for a Total Project Amount of$916,552.00 (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of a construction contract with FPI Builders, LLC, in the total amount of$720,754.00, including 7.5 percent for the Owner's Construction Contingency Allowance,for Richardson Bass Stall Replacement Project at Will Rogers Memorial Center, and provide for administrative costs, for a total project amount of$916,552.00. DISCUSSION: The Purpose of this M&C is to authorize execution of a construction contract with FPI Builders, LLC, in the total amount of$720,754.00, including 7.5 percent for the Owner's Construction Contingency Allowance, for Richardson Bass Stall Replacement Project at the Will Rogers Memorial Center and to provide for associated administrative costs. This project, approved in the FY2017 CIP, will remove existing asphalt pavement and replace with concrete. It will also remove and replace the electrical outlets serving existing stall areas. The contractor will install owner furnished stalls panels to complete the remodel. The City issued a Request for Proposals (RFP) in the Fort Worth Star-Telegram on November 8, 2018 and November 15, 2018, and received nine proposals on December 13, 2018 for the project from general construction contractors. Three of these firms provided the required "Post Proposal—Pre Award Submittals"to be further evaluated by the City. These proposals were reviewed by members of the Public Events Department, the M/WBE Office and the Property Management Department and were evaluated for best value based on the criteria set forth in the Request for Proposals. The selection team recommends award the construction contract to FPI Builders, LLC. The following table provides a summary of the scoring. FPI Morales MSB Criteria Builders, Construction Construction LLC Services, Inc. Services, Inc. Proposed Price —� 58 60 59 M*E 6 2 Proposed Schedule 0 9 10 Reputation/Experience 0 7 3 Past Relationship with 9 5 5 City of Fort Worth TOTAL ::][:: 90J 87 79 The overall project costs are listed in the table below: II (DROP OFF STATION IMPROVMENTS TOTALS Design Contract $86,803.00 Construction Contract (including 7.5 percent of Owner's Construction $720,754.00 Contingency Allowance) N mbined Project Administration Costs (Project Management, $108,995.00 ntingency, FFE, Etc.) .. PROJECT TOTAL $916,552.00 In accordance with Chapter 7, Article III, Section 7-47, Section 109.2.1 of the City Code, Building and Trade Permit Fees and are waived for this project. M/WBE OFFICE- FPI Builders, LLC, is in compliance with the City's BDE Ordinance by committing to 8% MBE participation on this project. The City's MBE goal on this project is 8%. The Will Rogers Memorial Center is located in Council District 7. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the Culture &Tour DFW Rev Sh Cap Fund. Prior to an expenditure being incurred, the department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivit Budget Reference# moun ID 1A ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivit Budget Reference# JAmount ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Roger Venables (6334) Additional Information Contact: Brian Glass (8088) ATTACHMENTS 1. 21WRMC RICHARDSON BASS STALLS REPLACEMENT FID TABLE.pdf (CFW Internal) 2. FPI Builders- MBE Compliance Memo -WRMC Richardson Bass Stalls Replace.. .pdf (CFW Internal) 3. FPI Executed HB 1295 Redacted.pdf (Public) 4. SAM FPI Builders.pdf (CFW Internal) 5. WRMC Richardson Bass.pdf (Public) r - k @Lf) q - ( ) § k ~ 4 r LO - © -11, A C � ® _ J )2§ ) / CN 2 ~ 0 CD � ° � ■ - § ) k/@ § $ E { e .@a - J J \J) k 0 co:2 U)0 00 - § § k ® K cf 0 § / <wco 2 - § z � 2 Cl) d §e) k 2 u � U § ) /+6k 2 ■ > c to �£� c U 2 � C, 0 -9 LL 9L ) UJ _ _ ® _ o00 . ii Li z / $ 7 ) K LU■ w \ LU V 2) k \ \ % CL -4 UJ m a u ` U) k k/\ k § . a k f J J#Qf w �� f w r _ jL � § §to §§ K LO a / j(@@ t k �F—(D c o © Go140 - ) � (k.0 z � � a ; F w o § ~ - - ® - � § Im (LU w U ] v � q ( .k2 - ak § - 92 k � N C BU) ' >b U) 0 #� �U) � $ Erl 2 � a § 0 § 22 § kk § � ) c 0a « o , 2 �■ 2§ § LU m § o � § � ZM wm a. ° � � 20CD LU 2v rl R � � � J _ - © o o > kSk ° § a § 2 k % u §o ■ # # % )( k ko § % §q m a 3 ■ @ 2 q § ion J J )) � c$�-c � m • § �0 2 IL 8 § § R ci N § © � § £ 00 E G \ co, (m2 co ° C ~ zS ] co - c eeea 2 � \ /� E a. \ § § - LLIJ2 > r - & o •' w p 2 u co 13 Co k f gLO , ■ \ V a CD] § w R m o �r§ � 2 B ) k §2.0 «§ - f E A ƒ£° | uj I co cli ~ iL - - - - - } \ \R \ cq co cq c / � � � S §g� CD ` � - § ,}§q . r.- © ci 8 § > § |02 w m m O)v@ � � 0 A ° q ° - - - « 2wLU . Im > - L kCL -1 z ( A §. f§ § §2 ; )§§ °\ coco ® 0 -2 - £| o IL§K k � B /22§ 2 C'Fcos� r o , JI ■ § 2 G _ a.k w = § o § LU | § J CL 2 § § § ° ■ u / 3 � ■ ° a kN2 G t « �c © / Z z \ o pt §g a. mm2 § 22 FORTWORTH, CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 2 WRMC Richardson Bass Stalls Replacement Request for Proposals Submittal Date: December 13, 2018 (NO CHANGE) 1. The Site Walk-thru Attendees sign-in sheet is attached. 2. Responses to current RFIs are attached. .r Acknowledge the receipt of this Addendum No. 2 on your Proposal. ROGER VENABLES INTERIM DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Brian Glass,AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: December 7,2018 WRMC Richardson Bass Stalls Replacement Page 1 of 1 Addendum No.2 Cof� EMENTS chitecture,, Inc. COFW WRMC Richardson Bass Stall Replacement 17-1002.00 12/07/2018 As clarifications to questions received since Addendum 1, please find the followirg with responses in RED. Civil Plans: 1. Would a thicker concrete paving section be acceptable to reduce the thickness of the base material? The minimum paving section requirements are identified in the Paving Thickness section on Page 3 ofthe Geotechnical Report. For the Alternate Concrete Paving: In lieu of a Hex base subgrade, the recommended concrete pavement thickness may be increased by inches and placed atop a property compacted subgrade. For the Base B&AApholt Pavin.•A thickness increase would NOT be recommended in lieu of deletion of Hex base. Joy Sappington of CM/Engineering Architectural Plans: 1. General Note 2 on Sheet A2.2 indicates"All new Stall panels to be provided and installed by Owner." Is this '^ correct? This statement is incorrect and should be modified to reflect, 'All new Stall panels will be provided by the Owner and installed by the Genial Contractor.' 2. Are the mounting brackets for the stall panels to be installed by the Owner? Asper deiai(4/A3.7,the wall and column receiver bracket installation will be performed by the Owner. This refers to the mounting bracket used to receive the stall pone/pin. 3. Demolition Note 4 on Sheet A2.1 indicates"Contractor to Schedule Demolition so that building operations during construction are not interrupted, including but not limited to protective screens and temporary partitions. Existing buildings to remain secure at all times."Are wood framed and plywood temporary partitions required? The construction area is contained to one area of the building and secured by exterior and interior store#ont doors, exterior man doors and Overhead Doors. Temporary wood frame partitions with plywood sheathing are not anticipated or required. However, if dust and debris become an issue for the Owner, the installation of Heavy Duty plastic sheeting may be required o ver the store#ont openings and return air vents If noise becomes an issue, the owner may request Mat certain activities be limited to specific times during the day(both before and after hours)to accommodate octiv7ties within the facility. 4. Are the steel swing gates and cattle barriers(located primarily to the east end of the building)to be removed by the General Contractor or will they stay in place? It is not anticipated that the steel swing gates and other cattle guard barriers will require removal or relocation, except for immediately north of the proposed concrete panel wall. If relocation is required,this will be performed'by city forces. 5. Who is responsible for the removal of the soil footing in the Practice Arena? Ithas been confirmedthat there Is asphalt paving underneath the soil footing within the practice arena that must be removed. The General Contractor will be responsible for the removal and stockpi/,'ng of the soil footing as directed by the Owner. The base bid will encompass the removal and replacetent of the asphalt paving in the practice arena as specified, and the oltemate bid will include the removal of the asphalt paving and ' replacement with the concrete paving section as specified. The Ge,7eral Contractor will be required to redistribute the soil footing within the practice arena area from the 61"RMC stock pile. Page 1 of 1 Elements of Architecture, Inc. 1 1201 6"Avenue, Suite 100, Fort Worth, Texas 76104 1 817.333.2880 Property Management Department FACILITIES MANAGEMENT ARCHITECTURAL SERVICES ORTWO 401 West 13th Street WRMC Richardson Bass Stalls Replacement Site Walk-Thru, WRMC December 6, 2018 NAME FIRM NAME/TITLE OFFICE#/E-MAIL ADDRESS 1 0+' I r (Y 1-0Dhe.S ��S -Choi' 90 W 965-0-7 2. 3. P7 31 91 4. I-ZaA&iL41- c-aAL wl`V-6-7 0-7-1321 7. 8. � 9. J�r�� a� Sra,,}��k 9117 7( 3 10. '`t -61 -1 -713 ?11,7 11. �� 111o�a l�� Mo�al�s C5 tti 372 ssfv 12. U� `'�- ,�ear Rot� es �'7z 5 33 13. 016 Cor.,Siauc� l0ti 222-- �125c� 14. J�So,� (metro �7�1, Cohs�cr�ctb� 8��-aq9- 8661 J�a«ot�� ^n��t�r,i'1CAe1�r 15. to c co►v► 16. ohm FORTWORTHO, CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 1 WRMC Richardson Bass Stalls Rep acement Request for Proposals Submittal Date: December 13, £'.018 (NO CHANGE) 1. The Attendees sign-in sheet for the pre-proposal conferEnce is attached. 2. The MBE Best Value Utilization Form is attached. 3. There will be an on-site walk-thru Thursday December 6 at 9:00. Attendees are to meet at the Northeast side of the Richardson Bass Building. 4. The construction start will be mid to late March 2019. 5. The Geotech report for the project is attached. 6. Responses to current RFIs are attached. 7. The Revised Proposal Form is attached. Acknowledge the receipt of this Addendum No. 1 on your Proposal. ROGER VENABLES INTERIM DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: -AAA___61r A Q Brian Glass,AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: November 29, 2018 WRMC Richardson Bass Stalls Replacement Page 1 of 1 Addendum No.1 _l 7� • x y V L6 1 0 y 00 00 - & N Cl) q Cl) U M M N � o o M m f h O a m t 0 3 U U a '1 0 m o N O � � U —0g N ac�iUON_ Z F p ) in <`n o „ �n G d Q N y O L- 0 � m TT S 7 w ~ ' `O 0 N C N >1 U C E j u �y 0 v v m V1 —w u W� u w o Z �' o � a ti J C> •y y ® �j u x C1 � N C E-+ W � c I c 03 J = $ 03 Cl) 2 CM co o M rn w 10 .s C 0 a. m c H F 1 rn a r o 00 E E J u u a o c 0Q LU w o v : � o m °C o c °° V o m to N O 6 INZ ,il�w 4 -r � C cr) O N O r a. -0 N / Q a a > W 3SQ�' Q', z � _ O a. t J o �l c zou wa z 0 C 0 J �__ - 0 ® y LA U �, ul w s Cl) a ivy 00 0 N h v m m oG o m o o a ID o 4 o Ixo coo V o d C4 u ° l ^ cn c y � nNz y o � oTa- a ) a c m a c- m ink Ea t 45 m �1 p D a p W� 7 z �- � r v r � J E m (f�u w +� N W E rl �. CO 2 k / Cl. . ) ° » CL k & Aa) y E LU / LLJ o @ \ \ ® ■ f 7 0 m � f ? 5 \ \ � \ $ 2 \ [ bl". 0 0 k 1 ` z \ § c = m 2 0 « \ $ ( k � E z E g 0 m F U) . � � 2 ƒ Q Lou \ w . \ / LU @ L 7= a -J e a : § c $ $ q § 2 j \ t: \ § 0 — i R a \ / / § K « u «y § b a w § a 2 w @ \ � k \ 0 \ / J 20 c LU « o ® ® � m � § 0 � 2 0 O U) � �■ « / \ « � 2 e W � z \« LU � � > m .@2 A) 2 Z � @ of § 2 / o — z 0 .@ 0 2 \ / LL a Cl) — LL q � T) 0 3 a \ � \ o V LL z \ \ 0 LU 0 2 » E R \ . ■ 0 iE t § 0 k $ / z § \ k § a. o c c \ c o c t a Q k § § } % § § § acu f 3 a ® ° ® / ® ° ® ° — > m a > _ a ; n E > _ a. e m o e o c (n LL c . LL r w L c (n ¥ � I z a E § f a t & 2 ƒ e k k § ƒ e k E 2@ R k E\ 2 § ? 0 S 0 0 2 2 E § § 2 2 E k ( 2 2 E § § 2 ± E § $ [ a « a 0 � o < a w 0 0 « u 0 j « a w o 0 4 w o E _ 7636 Pebble Drive -�Ocmi ENGINEERING, INC. Fort worth,Texas76118 wvnumjcngr.com March 20, 2017 y Dunaway Associates, L.P. 550 Bailey Avenue, Suite 400 Fort Worth, Texas 76107 Attn: Mr. Jonathan D. Russell, P.E. CMJ REPORT 128-17-80B HORSE STALL PAVEMENT REPLACEMENT RICHARDSON BASS BUILDING WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS Dear Mr. Russell: INTRODUCTION CMJ Engineering, Inc. (CMJ) presents herein the results of the interior pavement thickness investigation performed at the above referenced site. These services were performed in accordance with CMJ Proposal 17-63748 dated February 22, 2017. Authorization to proceed was provided via Subconsultant Agreement with Dunaway Associates, No. P001030.010 dated February 23, 2017. The project consists of checking existing asphalt thicknesses within select horse stall areas of the existing building. The existing interior asphalt paving will be replaced with either asphalt or concrete. An evaluation of the potential vertical movement of expansive soils below the existing interior paving is not included in this work scope. The purposes of this investigation were to observe the existing pavement surface, record the thickness of asphalt, view the type of subgrade soils, and provide guidelines for pavement replacement thickness. To accommodate these purposes, the following work scope was accomplished: Four (4) core samples were performed by an experienced technician to evaluate the existing asphalt thickness At each core location, hand auger samples of the underlying 6 inches of subgrade soils were obtained via hand auguring for moisture content and classification testing Phone(817)284-9400 Fax(817)589-9993 Metro(817)589-9992 CMJ ENGINEERING,INC. Dunaway Associates, L.P. CMJ Report No. 128-17-80B March 20, 2017 Page 2 of 7 The cores were performed at the approximate locations showr on the Plan of Core Locations, Plate A.1. Keys to classifications and symbols are provided on Plate A.2. Laboratory testing method documentation and standards utilized are available upor request. EXISTING CONDITIONS AND OBSERVATIONS Existing paving at the core locations consists of 1.9 to 2.1 inches of hot-mix asphaltic concrete, expect at core location C-8 which was 5.5 inches thick. No bass material or crushed stone was present beneath the asphalt. The existing asphalt surface exhibited several areas of alligator cracking, raveling, and extensive patch repairs. Tan and brown silty clays, sandy clays, and clayey sands are present beneath the pavement structure at all core locations. The various clay soils encountered below the paving had Liquid Limits (LL) ranging from 23 to 44 with Plasticity Indices (PI) ranging from 11 to 17 and are classified as SC and CL by the USCS. No ground water seepage was observed during coring and sampling operations. The following table summarizes the pavement thickness and subgrade materials encountered. Table 1 -Pavement Thickness and Subgrade Summary Subgrade Material HMAC -- Location Thickness Moisture Liquid Plastic Plasticity (in.) Description Content Limit Limit Index (%) (LL) (PL) (PI) C-5 1.9 Silty Clay, tan 17 44 27 17 C-6 2.1 Sandy Clay/Clayey Sand, tan 16 31 15 16 C-7 2.1 Clayey Sand, tan 14 23 12 11 C-8 5.5 Clayey Sand, tan 9 26 12 14 INTERIOR PAVEMENT Pavement Subgrade Preparation Following existing pavement removal, the subgrade should be proofrolled to detect soft spots, which if exist, should be removed and reworked to provide a firm and suitable subgrade. Proof rolling should be performed using a heavy pneumatic tired roller„ loaded dump truck, or similar piece of equipment weighing approximately 15 tons. The proof rolling operations should be observed by the project geotechnical engineer or his/her representative. This procedure may CMJ ENGINEERING,INC. Dunaway Associates, L.P. CMJ Report No. 128-17-80B March 20, 2017 Page 3 of 7 result in removal of soft, loose, or pumping fill material and proper replacement and compaction of the fill. If fill removal is deemed necessary via proof rolling observations by the project geotechnical engineer, the replaced backfill should be placed and compacted per the Earthwork section below. Each lift of fill should be tested for compliance with specifications prior to adding the next lift of fill. Any existing fill materials that are deleterious, organic, or otherwise unsuitable should be discarded and properly disposed. Excessively moist soils may require drying prior to reuse. The subgrade should be scarified to a minimum depth of 6 inches and uniformly compacted to a minimum of 95 percent of ASTM D 698, near -2 to +4 percentage points of the optimum moisture content determined by that test. It then should be protected and maintained in a moist condition until the pavement is placed. .. A commonly used method to improve the strength properties of the primarily clayey subgrade soils present is to treat them with hydrated lime. However, subgrade stabilization may not be feasible for this interior project area. Furthermore, heavy equipment or vehicles are not - anticipated within these areas; only livestock and related wares. If additional paving support is desired in select areas where heavier vehicles or loads are planned, the use of a crushed stone flexible base (TxDOT Item 247, Type A, Grades 1 or 2) subgrade can be considered. A minimum 6-inch thick crushed stone subgrade is recommended. The crushed stone should be compacted with a minimum of 8 passes with a 15 ton (or larger) steel-wheeled vibratory compactor. The option of using a flexible base presents a relatively quick, straight forward solution to preparing the materials prior to pavement placement. Pavement Thickness If hot-mix asphaltic pavement is used, we recommend a full-depth asphalt section having a minimum total thickness of 5 inches. A minimum surface course thickness of 2 inches is recommended for asphaltic concrete pavements. If Portland cement concrete pavement is used, a minimum thickness of 5 inches is recommended. These sections are appropriate for paving subjected to a variety of light-duty vehicles for a 20-year design life. These sections should be placed atop the properly compacted subgrade. In areas where a variety of light- and medium-duty vehicles (1 to 2 per week) are anticipated, these sections should be placed atop CMJ ENGINEERING,INC. Dunaway Associates, L.P. CMJ Report No. 128-17-80B March 20, 2017 Page 4 of 7 the 6-inch thick crushed stone flexible base. No heavy-duty trucks are anticipated in these areas. The above sections should be considered minimum pavemert thicknesses and higher traffic volumes and heavy trucks may require thicker pavement sections. Additional recommendations can be provided after vehicle types and loads are known. Periodic maintenance should be anticipated. This maintenance should consist of sealing crac,;s and timely repair of isolated distressed areas. Surface drainage is critical to the performance of this pavement. Water should be allowed to exit the pavement surface quickly. This can be accomplishedy maintaining a positive slope and discharging the water into drainage inlets. Pavement Material Requirements Hot Mix Asphaltic Concrete Surface Course: Item 340, Type D, Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, 2004 Edition. Hot Mix Asphaltic Concrete Base Course: Item 340, Type A or B, Texas Department of Transportation Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges, 2004 Edition. Reinforced Portland Cement Concrete: Reinforced Pofland cement concrete pavement should consist of Portland cement concrete having a 28-day flexural strength of at least 620 psi and 28-day compressive strength of at least 3,600 psi. The mix should be designed in accordance with the ACI Code 318 using 3 to 6 percent air entrainment. The pavement should be adequately reinforced with temperature steel and all construction joints or expansion/contraction joints should be provided with load transfer dowels. The spacing of the joints will depend primarily on the type of steel used in the pavement. We recommend using No. 3 steel rebar spaced at 18 inches on center in both the longitudinal and transverse direction. Control joints formed by sawing are recommended every 12 to 15 feet in both the longitudinal and transverse direction. The cutting of the joints should be performed as soon as the concrete has "set-up" enough to allow for sawing operations. New paving should be dowelled into existing paving using recommended No. 3 steel rebar on 18-inch center-to-center spacing. CMJ ENGINEERING,INC. Dunaway Associates, L.P. CMJ Report No. 128-17-80B March 20, 2017 Page 5 of 7 EARTHWORK Site Preparation The subgrade should be firm and able to support the construction equipment without displacement. Soft or yielding subgrade should be corrected and made stable before construction proceeds. The subgrade should be proof rolled to detect soft spots, which if exist, should be reworked to provide a firm and otherwise suitable subgrade. Placement and Compaction Fill material should be placed in loose lifts not exceeding 8 inches in uncompacted thickness. The uncompacted lift thickness should be reduced to 4 inches for structure backfill zones requiring hand-operated power compactors or small self-propelled compactors. The fill material should be uniform with respect to material type and moisture content. Clods and chunks of material should be broken down and the fill material mixed by disking, blading, or plowing, as necessary, so that a material of uniform moisture and density is obtained for each lift. Water required for sprinkling to bring the fill material to the proper moisture content should be applied evenly through each layer. Offsite fill may consist of silty clays, sandy clays, or clayey sands. Its liquid limit should be less than 45 and its plasticity index should be between 10 and 25. The fill material should be compacted to at least 95 percent of the maximum dry density determined by the Standard _ Proctor test, ASTM D 698 or equivalent TxDOT standard. In conjunction with the compacting operation, the fill material should be brought to the proper moisture content. The moisture content for general earth fill should range from 2 percentage points below optimum to 5 i percentage points above optimum (-2 to +5). These ranges of moisture contents are given as maximum recommended ranges. For some soils and under some conditions, the contractor may have to maintain a more narrow range of moisture content (within the recommended range) in Y order to consistently achieve the recommended density. Field density tests should be taken as each lift of fill material is placed. As a guide, one field density test per lift for each 5,000 square feet of compacted area or 150 feet of trench is recommended. For small areas or critical areas the frequency of testing may need to be i increased to one test per 2,500 square feet. A minimum of 2 tests per lift should be required. The earthwork operations should be observed and tested on a continuing basis by an experienced geotechnician working in conjunction with the project geotechnical engineer. CMJ ENGINEERING,INC. Dunaway Associates, L.P. CMJ Report No. 128-17-80B March 20, 2017 Page 6 of 7 Each lift should be compacted, tested, and approved before another lift is added. The purpose of the field density tests is to provide some indication that uniform and adequate compaction is being obtained. The actual quality of the fill, as compacted, sl-ould be the responsibility of the contractor and satisfactory results from the tests should not be considered as a guarantee of the quality of the contractor's filling operations. Excavation The side slopes of excavations through the overburden soils should be made in such a manner to provide for their stability during construction. Existing structures, pipelines or other facilities, which are constructed prior to or during the currently proposed construction and which require excavation, should be protected from loss of end bearing or lateral support. Temporary construction slopes and/or permanent embankment slopes should be protected from surface runoff water. Site grading should be designed to allow drainage at planned areas where erosion protection is provided, instead of allowing surface water to flow down unprotected slopes. Trench safety recommendations are beyond the scope of this report. The contractor must comply with all applicable safety regulations concerning trench safety and excavations including, but not limited to, OSHA regulations. Acceptance of Imported Fill Any soil imported from off-site sources should be tested for compliance with the recommendations for the particular application and approved by the project geotechnical engineer prior to the materials being used. The owner should also require the contractor to obtain a written, notarized certification from the landowner of each proposed off-site soil borrow source stating that to the best of the landowner's knowledge and belief there has never been contamination of the borrow source site with hazardous or toxic materials. The certification should be furnished to the owner prior to proceeding to furnish soils to the site. Soil materials derived from the excavation of underground petroleum storage :anks should not be used as fill on this project. ' CMJ ENGINEERING,INC. Dunaway Associates, L.P. CMJ Report No. 128-17-80B March 20, 2017 Page 7 of 7 We appreciate the opportunity to perform this investigation and provide these pavement thickness guidelines. Should questions arise on information contained herein, please contact us. The following plates are attached and complete this report: Plate A.1 —Plan of Core Locations Plate A.2— Unified Soil Classification System Respectfully submitted, �P�E oF•rExq��! v c�.• CMJ ENGINEERING,INC. TExAS FIRM REGISTRATION No.F-9177 j ............................�! JAMES P.SAPPINGTON,IV ....:... jJame •.....9740219;:, /CENSEQ Sappington IV, P.E. ��%, �:d`ngineer % -- copies submitted: (2) Mr. Jonathan D. Russell, P.E.; Dunaway Associates, L.P. (mail&email) I ' I U co W °p N c r 1 Z U J � O N _ 4 O � U � p U Z W CO] U Q1 U � Cl) ro C co Q (/� m m m ti c °% m z W m O z 0 F— Z Q a o q m U wj >< ro C O � ooJ � LLJ X P or CIO ) n n — O 0 C Epi LLJ Cr- O w N i N O Q X K i PLATE A.! Major Divisions Grp. Typical Names Laboratory Classification Criteria y Well-graded gravels,gravel- E (0 W ca D60 (D30): m c GW sand mixtures, little or n0 greater than 4: Cc=------ between 1 and 3 4= Mn o fines 0 D+o D16 x D60 c me av N c la') ° a) at Poori y graded gravels,gravel E n, GP sand mixtures,little or no co W co Not meeting all gradation requirements for GW � m fines o o C9 a� m o � o - z° o Silty gravels,gravel-sand-silt N c? :a Liquid and Plastic limits Liquid and plastic limits N ,, E GM below A line or P.f. z° L mixtures = greater than 4 Plotting in hatched zone ca j, c .N between 4 and 7 are M � •6 o N o N borderline cases �- at 2 Clayey ravels, ravel-sand- '�N Liquid and Plastic limits W o 12 a GC y y g g c o at above"A"line with P.I. requiring use of dual v o, € ¢ clay mixtures � z greater than 7 symbols at M at E:F3 Well-graded sands,gravelly ` CO D60 (D30)2 m c SW E C�----greater than 6: Cc=----------- between 1 and 3 o m E o sands, little or no fines (n D10 D10 x D6o UE A yc mo c ° N af°i Poorly graded sands; ro i o ' (n U � SP ravel) sands, little or no c N LO d gravelly at �' Not meeting all gradation requirements for SW .. co � o m c >� fines y c o pp 'iq O o CL c .� M U � O N o+ � r �` at ,� o w c 0)B NO: m Liquid and Plastic limits �. o` o Z c o SM Silty sands,sand-silt mixtures c y L N below"A"line or P.I. less s L r m ., 0 m o � o o than 4 plotting g between t4land 7 K O J '`� .a �_ a o N LO are borderline cases o f0 Clayey sands,sand-clay S SC a Liquid and Plastic limits requiring use ofdual !E above A line with P.I. symbols g ¢ mixtures a�o1 C greater than 7 Inorganic silts and very fine sands, rock flour,silty or to clayey clayey fine sands,or clayey silts with slight plasticity M so 0 N Inorganic clays of low to •N c at medium plasticity,gravelly o CL clays,sandy clays,silty clays, eo C\1 = and lean clays c to '0 z CH M d OL Organic silts and organic silty 40 clays of low plasticity o c N M E ,30 Inorganic silts, micaceous or aLO MH diatomaceous fine sandy or a 4 OH ar d MH csilty soils,elastic silts 20 .P ii E co - � CL ,46° 0 o CH Inorganic clays of high c (a —' plasticity,fat clays E 7 s 4 MLa dOL o OH Organic clays of medium to °o �o zo 3o ao so so 7o ao so goo 0 _J high plasticity, organic silts Liquid Limit - .c Peat and other highly organic Plasticity Chart T `er ° Pt O soils UNIFIED SOIL CLASSIFICATION SYSTEM PLATE A.2 ELEMENTS of Architecture, Inc. — COFW WRMC Richardson Bass Stall Replacement 17-1002.00 11/29/2018 As clarifications to questions received to date, please find the following with responses in RED. Civil Plans: 1. Reference Sheet C2.0: Note 1:The geotechnical report prepared by CMJ Eng. Inc on 03/20/17 was not part _ of the documents posted on the COFW website. Please provide the report. The geotechnico/report will be included os part ofAddendum 1. 2. Reference Sheet C1.0&Sheet A2.1: Demolition Note 5:Note 5 on SheetA2.1 says, "Removal of existing stall panels to be performed by city staff forces."Please verify this note is accurate.Removal of existing stall panels will be performed by COFlNstaff. 3. Reference sheet C2.0: Please clarify if the Alternate Concrete Paving detail shown on this sheet is a contractor's option to asphalt paving or is it to be bid as an actual"Alternate".The proposal form shows Alternates as N/A. The proposal form will be corrected to reflect the required Alternates identified in the Construction Documents. Structural Plans: .� 1. Reference sheet S 1.1: Detail 3 shows an AW Drainpipe passing through the new CIP concrete wall however the drain piping is not shown on any of the plans.Please clarify the location of the drain piping and if it is existing or proposed. The drain pipe is an existing pipe. All as-built information on NO will be provided to the selected GC for their use upon construction. J Scott Fisher,AIA, LEED AP Sr.Project Manager ..' Elements of Architecture, Inc. 1201 6th Ave., Suite 100 Fort Worth,TX 76104 817.333.2880 Page 1 of 1 Elements of Architecture, Inc. 1201 6'Avenue, Suite 100, Fort Worth, Texas 76104 817.333.2880 _ PROPOSAL.{Revised 11-29-2018) = TO: MR. DAVID COOKE CITY MANAGER ATTN. PURCHASING OFFICE 200 TEXAS STREET CITY OF FORT WORTH,TEXAS FOR: WRMC Richardson Bass Stalls Replacement 3401 W Lancaster Ave Fort Worth,Texas Project PMD2018-17 y Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum,to wit: DESCRIPTION OF ITEMS $ Base Proposal Calendar Days $ Owner's Contingency Allowance (7.5%) added to Base Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approve the use of this Allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth). $ Base Proposal Plus Owner's Contingency Allowance ALTERNATES—Concrete paving in-lue-of Asphalt paving $ Proposed Price Calendar Days UNIT PRICES—NIA The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Instruction to Offerors Page 10 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that 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 Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. 1_1 Non-resident vendors in (give state), our principal place of business, are required to be percent lower than rasident bidders by state law. 1_1 Non-resident vendors in (give state), are not required to underbid resident bidders. B. 1_1 Our principal place of business or corporate off ces are in the State of Texas. Within ten (10)days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE(MBE): (For Proposals in excess of$50,000) 1 am aware that I must submit information to the Director, Property Management Department, concerning the MBE participation within FIVE BUSINESS DAYS of,ubmittal of this Proposal in order to be considered RESPONSIVE. THE REMAINDER OF THIS PAGE LEFT BLANK Instruction to Offerors Page 11 of 33 City of Fort Worth WRIVIC Richardson Bass Stalls Replacement(November 2018) Respectfully submitted, _ Company Name By: Signature Printed Name of Principal Title Address: Street City Zip .� Phone: Fax: Email: Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No.2: Addendum No. 3: Addendum No. 4. Addendum No. 5: Addendum No.8: Addendum No. 7: Addendum No.8: Addendum No.9: Addendum No. 10: Instruction to Offerors Page 42 of 33 City of Fort Worth WRMC Richardson Bass Stalls Replacement(November 208) NOTICE TO OFFERORS Proposals for the WRMC Richardson Bass Stalls Replacement located at 3401 W Lancaster Ave in Fort Worth Texas will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort Worth, 76102, until 1:30 P.M on Thursday, December 13, 2018, a-id will be opened and publicly read _ aloud approximately thirty minutes later in the Council Chambers. After evaluating the Proposals submitted, the City shall select the Offi ror that offers the Best Value to the City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. The last day for questions from prospective Offerors is at 5:00 PM on Friday, December 7, 2018. A Pre-Proposal Conference will be held at 1:00 P.M., Wednesday„ November 28, 2018 at 401 W. 13th Street. The offers will be valid for NINETY (90) calendar days. Estimates construction cost is approximately $750,000.00. The Offeror will add a 7.5% Owner's Contingency Allowance on a separate line item on the Proposal form and only the Owner will approve the use of this allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth. This Allowance is not to be LL included in the Base Proposal and will not be used in the Best Value selection process. Refer to the evaluation matrix for the selection of the Best Value Offeror in the Instructions to Offerors. Refer to the Request for Proposal documents for the Minority Business Enterprise (MBE) Information. MBE participation will be evaluated in awarding this Contract. The NIBE participation goal is 8%. Offerors must submit the attached Best Value Utilization Form within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Also, Refer to Section 2. MINORITY BUSINESS ENTERPRISE (MBE'_(BEST VALUE PROPOSAL) in the ! Instructions to Offerors. Offerors must submit a bid bond with their proposal. Offeror(s) to wh)m an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. If you intend to submit a Proposal, request you inform the Proje::t Manager or Architect/Engineer who can then inform the interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The construction documents are not available at the City but may be viewed and printed on-line by cutting and pasting the following link into your browser: https://Proiectpoint.buzzsaw.com/fortworthgov/PMD%20Proiects/RB°/2OStall%2OReplacement?public Contact the Project Manager, Ronald Clements, at (817) 392-8014 or email Ronald.Clem ents(afortworthtexas.gov for assistance. For additional information contact the Project Architect, Scott Fisher, at(817) 333-2880 or email sfishera-elementsofarc.com Advertisement: November 8, 2018 _ November 15, 2018 Instruction to Offerors Page 2 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) TABLE OF CONTENTS • PROJECT COVER PAGE • NOTICE TO OFFERORS • TABLE OF CONTENTS • INSTRUCTIONS TO OFFERORS • PROPOSALFORM • CONFLICT OF INTEREST AFFIDAVIT • CONFLICT OF INTEREST QUESTIONAIRE (CIQ) • CONFLICT DISCLOSURE STATEMENT(CIS) , • TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE • 2013 PREVAILING WAGE RATES • WEATHER TABLE • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (SEPARATE ATTACHMENT) • CONSTRUCTION CONTRACT • PAYMENT BOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • PROJECT SIGN Instruction to Offerors Page 3 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) INSTRUCTIONS TO OFFERORS 1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: • Use the Proposal Form provided below. • Entries on the Proposal Form may be handwritten or type_1. • Write in contract duration if not specified. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Complete and submit the Conflict of Interest Affidavit form (Also submit associated Form CIQ and Form CIS if required.) • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable _ to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted. • In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2; have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States ! Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance .shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror,the City will consider: 1. Proposed Price (60 points) — The lowest priced responsive Proposal will receive 60 points for this rating criterion. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price, the higher priced proposal will have its = score reduced by one percent(1 point) for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. Proposed level of MBE participation (10 points). 3. Proposed project schedule (10 points) —The proposal with the shortest valid schedule will receive 10 points for this rating criterion. Longer schedules will receive proportionally lower scores. Instruction to Offerors Page 4 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) 4. References/Experience (10 points) - References and experience of the Offeror as demonstrated by listing past and current projects including references with names and current telephone numbers; and, list of subcontractors if applicable. 5. Past relationship with the City (10 points)—Offeror's past relationship with the City of Fort Worth for "vertical" facilities projects shall receive up to 10 points for this rating criterion. If the Offeror does not have a past relationship with the City of Fort Worth, the Offeror will receive 5 points for this rating criterion. 6. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. After ranking the responses to the Request for Proposal (RFP),the City shall first attempt to negotiate a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL, Minority Business Enterprise Provisions: _ As of June 1, 2012, The City of Fort Worth implemented a new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain a MBE listing from the M/WBE Office. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority Business Enterprises (MBE) in the procurement of goods and services. If the total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal may be applicable. The MBE goal on this project is 8%. Offerors must submit a Utilization Plan within 5 business days of submitting their Best Value Proposal. The information shall include: (1) the name, address and telephone number of each MBE; (2) the description of the work to be performed by each MBE; and (3) the approximate dollar amount/percentage of the participation. Refer to the attached City of Fort Worth Best Value Utilization Form. A Minority Business Enterprise is defined as a business concern located in the Marketplace meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more _ minority persons; and Instruction to Offerors Page 5 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) b. management and daily business operations are controlled by one or more minority persons who own it. — The business must be certified prior to recommendation of award in order for the participation to be counted towards the established goal. Offerors must submit the best value utilization form within 5 business days of submitting their Best Value Proposal. If an Offeror is certified as a DBE, MBE, SBE or WBE firm, please be aware that the City's Ordinance does not allow a certified company to count itse f towards the established goal; the goal represents subcontracting opportunities. If an Offeror (regardless of certification status or if a non- D/M/S/BE), however, forms a joint venture with one or more MBEs, the MBE joint venture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be — submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated MBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure MBE participation. Failure to submit the MBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated MBE goal, may render the proposal non- responsive. The MBE plan will be part of the final weighted selection criteria. 3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the Proposal :submitted (See paragraph 1 above). The Proposal Security must accompany the Proposal and is subject to forfeit in the event the — successful Offeror fails to execute the contract documents within ten (10) days after the contract has been awarded. The Proposal Security shall be included in the envelope containing the Proposal. Failure to submit the Proposal Security will result in the Proposal not being considered for this project. Offeror's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of proposals, unless the Offeror agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must(1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted .as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required unde- federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, T will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Sh_)uld any surety on the contract be determined unsatisfactory at any time by the City, notice wil be given to the contractor to that effect and the contractor shall immediately provide a new sure:y satisfactory to the City. Instruction to Offerors Page 6 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) — If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. If the contract is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. + If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. PRE-PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the Offeror shall be considered evidence that it has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. T 7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project. 8. POST PROPOSAL - PREAWARD SUBMITTALS: Offerors are required to submit seven (7) copies of the following information to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-2586), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting y City contract requirements: • Minority Business Enterprise Documentation (for proposals in excess of$50,000) -- • Contractors Qualification Statement(AIA Form A305), including client references • List of current projects & past projects built within the last 10 years, including owners' and architects' names with contact information for both current& past projects. • Proposed Subcontractors and Suppliers • Project Schedule • Schedule of Values (Breakout by CSI Divisions) • Proof of insurability for Statutory Workers Compensation Insurance - 9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations, for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. �. Instruction to Offerors Page 7 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) 10. DISCREPANCIES AND ADDENDA: Should an Offeror find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once. If required,the City will then prepare a written addendum that will be available to all Offerors at the place designated for distribution of the Request for Proposal Documents by the Notice to Offerors. The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed proposals. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause j the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening. 12. TAXES: Equipment and materials not consumed by or incorrorated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits _ required by this project. City of Fort Worth Building and TradE+ Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property fine. The Contractor will include all remaining fees from the electrical and gas companies in the Base Proposal. The Contractor will be responsible for coordinating with — City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities within the property line of the project. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the _ building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may k)e downloaded and printed by the Offeror. T 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon T request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. Instruction to Offerors Page 8 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. — 19. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website (www.ethics.state.tx.us). The business entity that wishes to enter into the contract must supply the completed, signed and notarized Form 1295 to the City. 20. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who _ perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 21. House Bill 89: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Instruction to Offerors Page 9 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) PROPOSAL(Revised 11-29-2018) TO: MR. DAVID COOKE CITY MANAGER ATTN: PURCHASING OFFICE 200 TEXAS STREET CITY OF FORT WORTH,TEXAS ~ FOR: WRMC Richardson Bass Stalls Replacement 3401 W Lancaster Ave — Fort Worth,Texas Project PMD2018-17 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Perfor-nance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum,to wit: DESCRIPTION OF ITEMS �S9 $ 7 Base Proposal Calendar Days ao Owner's Contingency Allowance (7.5%) added to Base Proposal (This — Allowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approve the use of this Allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth). _ od $&01113 " Base Proposal Plus Owner's Contingency Allowance ALTERNATES-Concrete paving in-lue-of Asphalt paving - $ 8 °� Proposed Price Add +. J9"F_10{d Np ! u Z Calendar Days UNIT PRICES—NIA The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any co,-nbination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor - organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400(Fort Worth City Code Section 13A 21 through 13A-29). Instruction to Offerors Page 10 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that 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 Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. .. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. U Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. I_I Non-resident vendors in (give state), are not required to �- underbid resident bidders. B. 14 Our principal place of business or corporate offices are in the State of Texas. Within ten (10)days of receipt of notice of acceptance of this bid,the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of 5%Bid Bond -- Dollars ($ ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth,as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE(MBE): (For Proposals in excess of$50,000) i am aware that f must submit information to the Director, Property Management Department, concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. THE REMAINDER OF THIS PAGE LEFT BLANK r Instruction to Offerors Page 11 of 33 Cily of Fort Worth-wRMC Richardson Bass Stalls Replacement(November 2018) Respectfully submitted, FPI Builders,LLC Company Name D By. Signature Kevin S.Drake Manager/Owner Printed Name of Principal Title Address: 2116 Wenneca Avenue Street Fort Worth,Texas 76102 City Zip Phone: 817-336-1161 Fax: 817-336-1164 Email: kevin@fpibuilders.com Receipt is acknowledged of the following addenda: Addendum No. 1: X 11-2a-18 Addendum No.2: Addendum No. 3: Addendum No, 4: Addendum No. 5: Addendum No.6: Addendum No. 7: Addendum No. 8: I Addendum No.9: Addendum No. 10: __ Instruction to Offerors Page 12 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. hn://www.ethics.state.tx.us/forms/CIQ.pdf hqp://www.ethics.state.tx.us/forms/CIS.12df DOCIQ Form is on file with City Secretary 0 CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: MF �IT QU LLD E g S . L. L L By: ZZA1�E Company (Please Print) Z I(& MV W C�.. Ajj 1—: . Signature: Address FnV�-r- W VV- -C�4 Z 6 t D Z Title: /Vt A►NAr,,G 125're—> City/State/Zip (Please Print) Instruction to Offerors Page 13 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental enl:ity. 2 Check this box if you are filing an update to a previously filed questionna ire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local cicvernment officer, or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship de:s cribed. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income,from the vendor? Yes F-1 No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-1 No 5 Describe each employment or business relationship that the vendor named n Section 1 maintains with a corporation or _ other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent ormore. 6 ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B),excluding gifts described in Section 176,003(a-1). 7 Signature of vendor doing business with the governmental entity Date In1struntj=taWW&pFFexas Ethics Commission www.ethics.state.tx.us Page 14 of 33 Revised 11/30/2015 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) PART 1 - CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity _ A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. 1.1 LOCAL GOVERNMENT CODE§176.003(A)(2)(A)AND(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12- month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (li) the local governmental entity is considering entering into a contract with the vendor. .2 LOCAL GOVERNMENT CODE§ 176.006(A) AND (A-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one ormore gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1)The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Instruction to Offerors Page 15 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT (Instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE LISEONLY This is the notice to the appropriate local govemmental entity that the following local government officer has become aware of facts that require the officer to file this statement Date Received in accordance with Chapter 176,Local Government Code. 1 Name of Local Government Officer 2 Office Held 3 Name of vendor described by Sections 176.001(7)and 176.003(a), Local Government Code 4 1 Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. 51 List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B). Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift (attach additional forms as necessary) 6 AFFIDAVIT I swear under penalty of perjury that the above statement is true and correct.I acknowledge that the disclosure applies to each family member(as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B),Local Government Code. SignE-:ure of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me,by the said this the day of 20 to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Instruction to Offerors Page 16 of 33 ! CiFochFpud H*fRM&FlBtMasd@omfassi&alls Replacement(NovemberrJa t80ics.state.tx.us Revised 11/30/2015 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A 'local government officer'is defined as a member of the governing body of a local governmental entity; a director,superintendent, administrator,president,or other person designated as the executive officer of a local governmental entity;or an agent of a local governmental entitywho exercises discretion in the planning,recommending,selecting,orcontracting of a vendor.This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware ofthe facts that require the filing of this statement. ` A local government officer commits an offense if the officer knowingly violates Section 176.003,Local Government Code.An offense under this section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. PART 2- INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of vendor described by Sections 176.001(7)and 176.003(a), Local Government Code. Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code;b)has given to the local government officer or a family member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code;or c)has a family relationship with the local government officer as defined by Section 176.001(2-a),Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A),Local Government Code,and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a),Local Government Code. 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local - Government Code)by the local government officer or family member of the officer from the vendor named in item 3 that in the aggregate exceed$100 in value. 6.Affidavit. Signature of local government officer. Local Government Code & 176.001(2-a): "Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity,as those terms are defined by Subchapter B,Chapter573,Government Code. PART 3- LOCAL GOVERNMENT CODE&176.003(A)(2)(A): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. .r Instruction to Offerors Page 17 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) 9•.3Y•Rr1i rl�;•aw.e.ix9� • Texas Sales and Use Tax Exemption Certification This on illi'=19 does notr quire a r,umberto bo ralid. i Lty of FDrl Worth,Texas aytmaa�s �5!3r.amcer.kQdxrarSoatoru-LW. — P O-&(.4veaoc'eAV.,Ug7cd — 200 Texa9 street 817-39241360 Cite.stftz,ZFcaia — — - — Fort worth,Tesas 76102 i.he pwohasa-re.- d ebcve,claim ar.Bx:rnpion From peymentaf sales and uye iaxe3(forthe purchase of taxable items des:rioed oelow or fln to attached old yr yr In vo icon)from: Seller. AIJ Y dwa —• ---• Street address_ .--City.Staie.ZIP c;>d-: Description of items:o be purcr'Ased or on the h1Whed order or in-Ake: „JI items. Purchasa-aalmo ledgwe tha'this Car~ificate cannot be usesi for iha pim,hagr=.lease or rental of a motor V!'r'11CJ6. Pun:hmor cL=iirna this exemption for the fellcwing reason: Muricipatity,Gvvemmental Enfly L undefS13nd 1h3t I vill be Wh a ror psyrlerl n"all stale 57M IGM Ws or um-tsxee villch hisy becometlue`Af f9llure to cornpLy with the prWaors of the rex Code endlor W appl.eable wei. �^ JunderaiandrksCftisaaJmTsicdrav�veto�ivearrsxerrpmonc�srb'F fafaJ�aseB'b arraxahferrsniafiialrizn:tK,yl1Aprimeorpwd,ase. •uLII6a w'-edirramanner oiherilran#raiaaCura�s�adir:lhs c+sfir;:at',1rx+cigpe.*ri;�r�a�tne srncw7raf rsxef2c!ea fire DNnnsemsyraerge fnar-r a Crass C rrWsderzreanar kr a adtx.'Y pr 11,p S,ar vo:J de.gWO. Sign lurchar�r Ti: t19eI' 6, Finance IDrti~pfrrEC1=O :Y16htfiAk W5f C� NOTE This a-r.'Mo..&Lt csnnot,*issued for the purchase.lame,or rental sn a motor vthiclt, MIS CCRT1FMATE DOES NOTRE90MEA JVUKB&R TOME VALM. ,v$Q*and Lle,e Tax"orernpilar.Numbers'ar'Tex Exernpf Nranbers do not lsxist ThIs certRlcste should be tumished to the supJPibor, Go not$end the completed certificate to the Comptr411Cr of Public Accounts. Instruction to Offerors Page 18 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) 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 i Electrician(Journeyman) 19.63 Electrician Apprentice(Helper) 15.64 Electronic Technician $20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 y Glazier $ 21.03 Instruction to Offerors Page 19 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) 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 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 Instruction to Offerors Page 20 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) Steel Worker Structural 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators M Concrete Pump $ 18.50 Crane,Clamshell, 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 Instruction to Offerors Page 21 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) CITY OF FORT WORTH WEATHER TABLE Average Days _ Month of Inches of Rainfall RainiSnowlice uary 6 2.51 Fetuua 7 2.23 Match 9 3.49 mil 7 2.97 Maly 10 4.56 ne 8 3.31 ly 4 1.83 gust 5 1.88 ember 5 2.34 October 7 3.65 November 7 2-70 December 6 2-34 Annually 81 33-81 p (1)Mean number of days precipitation of 0.01'or more or 10 sm wAce (2)Average normal precipitation,in inches This table is based on information reported from Dallas-Fort Worth International Airport, Texas.Latitude 32 deg 54 min north,longitude 97 deg 02 min wc!st,elevation(ground)551 ft. Average number of days of rain,snow,and ice days are based o=I records covering 21 years. Precipitation is based on recorded information from 1996 through 2016 period. This table is to be used as a baisis for calculation of excess rain or weather days for projects with duration in calendar days-If the site records indicate that the Contractor was unable to carry out operations due to weather,it is counted as a weather d ly.If the number of weather days exceeds the number of average rain days plus the snowfice days for the contract duration,the contract will be adjusted by Change Order_ Fort Warth Weather Table 24 April 2017 Instruction to Offerors Page 22 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) # City of Fort Worth, Texas Property Management Department = Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to,the Contract, Notice to Bidders,Proposal,General Conditions,Special Conditions, Specifications, Plans, Bonds and all Addenda,Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner,or Change Order,or by a written Field Order for a minor change. A-3 WORK: By the term Work is meant all labor,supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in four originals,with all required attachments, including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-6 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor shall examine carefully the, plans, specifications,special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be —' performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS: In the event of inconsistency in the contract documents,the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance);Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions;and Construction Contract. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner,and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents,the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or materialsman,or involving any question of fault or liability of any party,the decision of the Owner shall be final and binding. A-9 CORRELATION AND INTENT: In general,the drawings indicate dimension,locations,positions,quantities,and kinds of construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed,marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment,piping, ductwork,electrical apparatus,etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. General Conditions of the Contract for Construction Lump Sum Contract Page 1 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor electronic working Drawings and Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract,are to be returned to the Owner on request at the completion of the work. A-11 MINORITY BUSINESS ENTERPRISE (MBE) POLICY: As of June 1, 2012, The City of Fort Worth has implemented Business Diversity Ordinance(BDO)to reflect the City's availability and disparity study findings and recommendations. During this transition period, interested Offerors must obtain an MBE listing from the M/WBE Office at 817-212-2674. This will ensure that the MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the — six (6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of:Tarrant, Dallas, Denton, Johnson, Parker and Wise.Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. The City of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting proposals are included. The City of Fort Worth MBE Program will take precedence over other subcontractor ut lization programs on Block Grant and other — federally funded Projects. A-12 AGE: In accordance with the policy("Policy")of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with ! the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. A-14 IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement.Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request,provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement.Vendor shall establish appropriate procedures and controls so that no services will be performed by any — employee who is not legally eligible to perform such services.Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. A-15 HOUSE BILL 89: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. General Conditions of the Contract for Construction Lump Sum Contract Page 2 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 G-26 PROJECT CLOSEOUT Final Inspection, Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual:Sheets shall be 8%"x 11",except pull out sheets may be neatly folded to 8%"x 11". Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels,service entrance equipment and light fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other materials. Submit two digital electronic copies and one hard copy of Maintenance Manuals,prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start-up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year. In addition,where separate guarantees,for certain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse,neglect by Owner or his successor(s)in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees,the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment, one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE: The Contractor shall provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY,STORAGE, HANDLING: The Contractor shall handle,store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft(and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. General Conditions of the Contract for Construction Lump Sum Contract Page 15 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and man.facturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered.Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accepted"; the City will accept no alternates to the specified equipment. SECTION H CONTRACT TIME H-1 DEFINITIONS The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner and additiona weather days beyond what is allotted in the contract. The Date of Commencement of the Work is the date established in the Notice to Proceed.If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Owner,and no other form of acceptance will be binding upon the Owner. A Calendar Da v constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a "Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section.Extensions of time will be as recommended by the Architect with final approval by City of Fort Worth. A Working Da v is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Legal holidays for the City of Fort Worth are defined as being New Year's Day, Independence Day, Labor Day,Thanksgiving Day, and the day after Thanksgiving, Christmas Day, Memorial Day and Martin Luther King Jr.Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 CONSTRUCTION WORK: Noise created by construction work within three hundred(300)feet of an occupied residential structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as follows: Before 7:00 a.m.or after 8:00 p.m.Monday-Friday Before 9:00 a.m.or after 8:00 p.m.Saturday-Sunday H-4 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner,or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes,fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control,or by any cause which the Architect determines may justify the delay,then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions,the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-5 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for)shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that he will make no claim for compensation,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays said extension of time. General Conditions of the Contract for Construction Lump Sum Contract Page 16 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment, the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum,divided so as to facilitate payments to Sub-contractors,prepared in such form as specified or as the Architect and the Contractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit.This Schedule,when approved by the Architect and the Owner,shall be used as a basis for the Contractor's Applications for Payment. 1-3 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been completed,the Contractor will make current estimates in writing for review by the Architect and Owner of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owners interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as"liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. 1-4 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above,the Architect will,with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the Contractor,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the Architect's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated;that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the Owner that the Contractor be paid in the amount certified. In addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. .. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Owner. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until Substantial Completion.For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until Substantial Completion. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-5 PAYMENTS WITHHELD: The Architect may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; General Conditions of the Contract for Construction Lump Sum Contract Page 17 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time;or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest;if the Contractor fails to perform the Work in accordance with the specifications. 1-6 LIQUIDATED DAMAGES: The parties agree and acknowledge that actual damages are uncertain and difficult to ascertain because the Project relates to construction for a municipality. Normal damages of lost rent or profit are not applicable in this circumstance because the City is a municipality and the Project will not receive rent and the City will not have lost profits. Therefore, the parties agree that because City's actual damages are too difficult to ascertain that the liquidated damages stated below are reasonable and a correct representation of actual damages to the City. The parties also agree that the liquidated damages called for in this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties. The deduction for liquidated damages shall be as follows: _ Amount of Contract Liquidated Damages per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001to $50,000 $105 $50,001to $100,000 $154 $100,000to $500,000 $210 $500,001to$1,000,000 $315 _ $1,000,001 to$2,000,000 $420 $2,000,001to$5,000,000 $630 $5,000,001 to$10,000,000 $840 Over$10,000,000 $980 1-7 FAILURE OF PAYMENT: If,without fault on the part of the Contractor,the Architect should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if,without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect,stop the Work until payment:cf the amount owing has been received. 1-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment,the Contractor must meet all provisions for Project Closeout. _ When the Contractor determines that the Work is substantially complete, the City shall inspect the project with the Contractor and the contractor will prepare a"Preliminary Punch List". When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion(G704)which,when approved by the Owner,shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the Owner and the Contractor for maintenance,heat, utilities, and insurance,shall set forth the remaining work as a "final punch list". The Contractor shall complete the remaining work listed therein within 30 calendar days. When the Certificate of Occupancy has been issued,the retainage may be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within the fixed time,the contract time will again commence. Should the Contractor fail to cornolete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conauct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payme it: 1) Contractor's Affidavit of Payment of Debts and Claims (G706)stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) Contractor's Affidavit of Release of Liens(G706A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts, releases, and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed General Conditions of the Contract for Construction Lump Sum Contract Page 18 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens,the Contractor may, at the election of the Owner,furnish a bond satisfactory to the Owner to indemnify him against any right,claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made.The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim or lien,including all costs and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner.. 1-9 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY w J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; i (2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution or from the non-execution of the Work.The Contractor shall rebuild, repair, restore and make good, at his own expense,all injuries or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, — shall be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable,and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. Contractor shall provide hard hats for -" use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. General Conditions of the Contract for Construction Lump Sum Contract Page 19 of 27 CFW PMD-Richardson Bass Stalls Replacement-FPI Builders March 2019 J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per-unit cost for trench safety measures in his bid. If not included in the Proposal,the Contractor shall include a cost:for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K-INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured"on all policies except Worker's Compensation. K-2 WORKERS'COMPENSATION INSURANCE 1) General: a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of _ all such certificates to the Owner(City). c) By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The Contractor's failure to comply with any of these provisions is a breach off contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breawi within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission, or a coverage agreement(TWCC-81,TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project("subcontractor"in section 406.096,-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements: a) The Contractor shall provide coverage,based on proper reporting of classifica ion codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services of the project,for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended. General Conditions of the Contract for Construction Lump Sum Contract Page 20 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 d) The Contractor shall obtain from each person providing services on a project,and provide to the City: i) a certificate of coverage, prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii) provide the'Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts,and provide to the Contractor: (1) a certificate of coverage,prior to the other person beginning work on the project;and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10)days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) - vii), with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage: a) The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas — Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials,or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto"including leased, hired, owned, non-owned and borrowed vehicles used in connection with — this Contract. General Conditions of the Contract for Construction Lump Sum Contract Page 21 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any,pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in _ addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning,windstorm, hurricane, hail, riot,explosion, civic commotion,smoke, aircraft, land vehicles,vandalism, and malicious mischief,at a limit equal to 100%of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Property Management Department, City of Fort Worth as a "Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation or non-renewal in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled, upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. General Conditions of the Contract for Construction Lump Sum Contract Page 22 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect, issued after the execution of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City,shall be coordinated with the Director, Property Management Department. A change order must be written and duly negotiated and executed prior to performing changed work. y The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon;or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon,the Contractor, provided he receives a Change Order,shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together — with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed,the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If approval is not recommended,the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over$100,000. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days. Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If unit prices are stated in the Contract Documents or subsequently agreed upon,and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship. If the Contractor claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or(3) any written order for a minor change in the Work,the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim.This notice shall be given by the Contractor before proceeding to execute the Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved by the Owner,shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent JlEM. 2. Allowance,to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent J1M. L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. General Conditions of the Contract for Construction Lump Sum Contract Page 23 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner,it must be uncovered for observation and replaced,at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the Owner. If such work be found not in accordance with the Plans and Specifications,the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Architect or Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's additional service thereby made necessary. If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents,any of the work is found to be defective or not in accordance with the Contract Documents,the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally.The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. Defective or non-conforming work shall be completed in a timely manner. The Contractor shall respond and/or repair any work that is deemed an emergency by the City within 24 hours. The Contractor shall respond and/or repair any other defective or non- conforming work within three working days. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non- T conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor,or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I,then the Contractor may after the end of such period of 30 days and upon seven additional days'written notice to the Owner,terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor,or fails to comply with all Laws, Statutes,Charter,Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7)days'written notice,terminate the employment of the Contractor and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon General Conditions of the Contract for Construction Lump Sum Contract Page 24 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architect's additional services exceed the unpaid balance of the Contract,the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part,whenever such termination is in the best — interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above,the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth,and the decision by the _ City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. SECTION O SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. -- The Contractor may install their company sign and shall allow the Architect to install their company sign. No other signs will be allowed. SECTION P Y TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under$1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect and Owner. For construction contracts with a bid price in excess of$1,000,000.00, the Contractor shall provide a separate field office for the City's field representative(but the separate office may be in the same structure). The buildings shall afford protection against the weather,and each office shall have a lockable door, at least one window,adequate electrical outlets and lighting,and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months,the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one desk,four chairs, plan rack and a four drawer filing cabinet(with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Owner.Remove sheds when work is completed,or as directed. P-5 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection(WIFI)for the City and Architect. General Conditions of the Contract for Construction Lump Sum Contract Page 25 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service:lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages,pressures,frequencies,etc.will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary,electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines, lights,heating plant,air conditioning system,pumps,and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event,the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. P-8 HEATING: Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition,the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7)days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION: The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for _ the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall,drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the life of the project a weather- tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Owner,in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work. The following information which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. General Conditions of the Contract for Construction Lump Sum Contract Page 26 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas. r. General Conditions of the Contract for Construction Lump Sum Contract Page 27 of 27 CFW PMD—Richardson Bass Stalls Replacement—FPI Builders March 2019 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT (LUMP SUM) THE STATE OF TEXAS § — § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This agreement made and entered into this the 19th day of March A.D., 2019, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular, meeting of the City Council of said City, hereinafter called OWNER, and FPI Builders, LLC of the City of Fort Worth County of Tarrant, State of Texas, hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: City of Fort Worth F WRMC Richardson Bass Stalls Replacement 3401 W Lancaster Ave Fort Worth, Texas PM D2018-17 City Project# 100590 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. — The agreed upon total contract amount shall be $720,754.00, including the Base Proposal ($559,749.00), Owner's Contingency Allowance($92,266.00), and Alternate Nos. One ($68,739.00). Insurance Requirements: The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors. a. WORKER'S COMPENSATION INSURANCE: • Statutory limits. • Employer's liability: Instruction to Offerors Page 23 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) • $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors,XCU coverage, and contractual liability. C. BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident. • The policy shall cover any auto used in the course of the project. d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: _ • $1,000,000 each occurrence; $2,000,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s)of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. g. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance } required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 200 Instruction to Offerors Page 24 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) Texas Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.The Owner must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall — not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of$25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is-in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi- tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IMMIGRATION NATIONALITY ACT. _ City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all.employees who perform work under this Agreement. Vendor shall complete the Instruction to Offerors Page 25 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the *� City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the day of A.D., 2019. Buitde FPI Builders, LLC �Q O RPO,!`s APPROVED: ` 9 ;<1CITY F FORT WORTH Kevin S. Drake Jesus J. Chapa Manager/Owner •• �14..•�' Assistant City Manager exas APPROV E C ED: RECORDED: i F �ORT By. By. Rog r Mary J. Kayser Interim Director, Property Management Dept. City Secretary e f APPROVED AS TO FORM AND LEGALITY: /11 -14 By: M&C C-29061 John B. Strong M&C Date 3.19.19 Assistant City Attorney Form 1295 Cert No. a D I$- 130457 Contract Compliance Manager: By signing 1 acknowledge that I am the person responsible for the monitoring and administration of this } contract, including ensuring all performance performance and reporting requirements. Y .Brian R. Glass, AIA Architectural Services Manager i Instruction to Offerors Page 26 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) Bond# 2283967 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, FPI Builders, LLC known as "Principal' herein and North American Specialty nsurance Company , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Seven Hundred Twenty Thousand, Seven Hundred Fifty-Four Dollars and No Cents 720,754.001, lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 191 day of March , 2019, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as WRMC Richardson Bass Stalls Replacement located at 3401 W Lancaster Ave, Fort Worth, Texas (PMD2018-17) City Proiect# 100690. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. Instruction to Offerors Page 29 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorize d agents and officers on this the 26th day of March , 2019. PRINCIPAL: FPI Builders,LLC ATTEST: BY: L ' Signature i (Principal) Secretary Name and Title Address: 2116 Wenneca Ave. Ft Worth,TX 76102 YYitness as to Principal SURETY: North American Specialty Insurance Company ATTEST: BY: Sign ure Steven Tucker,Attorney-in-Fact (Surety) Secretary Name and Title _ t y Address: 685 John B Sias Memorial_Pkwy#215 / Ft Worth,TX 76134 Witness as to Surety Telephone Number: 817/336-8520 "Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date .the Contract is awarded. ipstructlon to Offerors Page 30 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) Bond# 2283967 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, FPI Builders, LLC known as "Principal' herein, and North American Specialty Insurance Company a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, Seven Hundred Twenty Thousand, Seven Hundred Fifty-Four Dollars and No Cents 720,754.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, _ executors, administrators, successors and assigns,jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19t' day of March , 2019, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as WRMC Richardson Bass Stalls Replacement located at 3401 W Lancaster Ave, Fort Worth, Texas (PMD2018-17) City Proiect# 100590. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary(as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect, _ This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. Instruction to Offerors Page 27 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this I instrument by duly authorized agents and officers on this the 26th day of March 2019. ! PRINCIPAL: FPI Builders LLC ATTEST: BY: L Signature (Principal) Secretary Name and Title Address: 2116 Wenneca Ave. Ft Worth,TX 76102 Witness as to Principal SURETY: I North American Spec&altX Insurance Company ATTEST: BY: Sig atur Steven Tucker,Attorney-in-Fact (Surety) Secretary Name and Title Address: 685 John B Sias Memorial Pkn#215 A/� Ft Worth,TX 76134 Witness as to Surety Telephone Number: 817/336-8520 'Note: If signed by an officer of the Surety,there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety s physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Instruction to Offerors Page 28 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY Pan WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Kansas City,Missouri and Washington International Insurance Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas Man City,Missouri,and Westport Insurance Corporation,organized under the laws of the State of Missouri,and having its principal office in the City of Kansas City,Missouri does hereby make,constitute and appoint: W.LAWRENCE BROWN,TRACY TUCKER,KEVIN J.DUNN, STEVEN TUCKER,AND ROBERTA H. ERB 1110 JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED TWENTY FIVE MILLION($125,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on March 24,2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18,2011. "RESOLVED,that any two of the President,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is an FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." � \\�\\lltlllltlll//! rgMnMltlaellgUly�, G\AlJ7Y�, �id�� ZR o(4ys AANC� •PPOq .trt.;up 2 j.,G By CP �� SEAL F: Steven a oa,Senior o u nQ on International mnnneeCompany _� SEAL o y 07 n$ &Senior Vice President of North American Specialty Insurance Company S.t�j�s% 1973 ty: &Senior Via Presidentof�W/.✓ea/i/port Insurance Corporation s �g By 4! *� Mike A.Ito Senior Vice President of Washio�m International Insuraotx Com m ~� ��ll/111111111111\1\\\ ��aNds P Y &Senior Vice President of North American Specialty Insurance Company &Senior Vice President of Westport Insurance Corporation 111110 IN WITNESS WHEREOF,North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Corporation have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this this 26 day of February 20 19 alf North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 26 day of February 201 before me,a Notary Public personally appeared Steven P.Anderson ,Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of a>. Westport Insurance Corporation and Michael A.Ito Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation,personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the am voluntary act and deed of their respective companies. OFFICIAL SEAL M.C- Eta Notary Pubiic-State of Illiva a •`''''!�' My Commission Expires M.Kermy,Notary` Public i I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company,Washington - International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is atrue and correct copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company and Westport Insurance Man Corporation which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 26th day of March 20 19 Jeffrey Goldberg,Vice President&Assistant Secretary of Washington International Insurance Company& North American Specialty Insurance Company&Vice President&Assistant Secretary of Westport Insurance Corporation North American Specialty Insurance Company Washington International Insurance Company Westport Insurance Corporation CLAIMS INFORMATION ` IMPORTANT NOTICE ADVISO IMPORTANTE In order to obtain information or make a complaint: Para obtener informacion o para someter un queja: You may contact Jeffrey Goldberg,Vice President Puede comunicarse con Jeffrey Goldberg,Vice - Claims at 1-800-338-0753 President- Claims,al 1-800-338-0753 You may call Washington International Insurance Usted puede Ilamr al numero de telefono gratis de Company and/or North American Specialty Insurance Washington International Insurance Company and/or Company's and/or Westport Insurance Corporation North American Specialty Insurance Company's and/or toll-free number for information or to make a Westport Insurance Corporation para informacion o complaint at: para someter una queja al: 1-800-338-0753 1-800-338-0753 You may also write to Washington International Usted tambien puede escribir a Washington Insurance Company and/or North American Specialty International Insurance Company and/or North Insurance Company and/or Westport Insurance American Specialty Insurance Company and/or Corporation at the following address: Westport Insurance Corporation al: 1450 American Lane 1450 American Lane Suite 1 100 Suite 1100 Schaumburg, IL 60173 Schaumburg,IL 60173 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the Washington reclamo, debe comunicarse con el Washington International Insurance Company and/or North International Insurance Company and/or North American Specialty Insurance Company and/or American Specialty Insurance Company and/or Westport Insurance Corporation. Westport Insurance Corporation. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Este aviso es solo para proposito de infromacion y no become a part or condition of the attached se converte en parte o condicion del documento document. adjunto. DATE(MMIDD/YYYY) AC R®® CERTIFICATE OF LIABILITY INSURANCE 3/26/2019 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 NAME: Tammy Pearce Tucker Agency, Ltd. PHONE (817)336-8520 MXNo: P O Box 2285 E-MAIL tammyotuckeragency.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Ft. Worth TX 76113 INSURER A:Amerisure Insurance Company 19488 INSURED INSURER B:Hanover Insurance CoT2any 22292 FPI Builders, LLC INSURERC: 2116 Wenneca Ave. INSURER D: Fort Worth, TX 76102 INSURERE: INSURERF: 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. INSRLTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DDPOLICYNYYY MM/DDffYYYY LIMITS LTR A X COMMERCIAL GENERAL LIABILITY CPP2107266 12/31/2018 12/31/2019 EACH OCCURRENCE $ 1,000,000 DAMAGE TO R CLAIMS-MADE a OCCUR PREM SES .Eo cuDence $ 300,000 X XCU Included MED EXP(Any one person) $ 10,000 X Contractual Liability PERSONAL&ADV INJURY $ 1,000,000 GENIAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY L.!Xj JERCTT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY CK2107259 12/31/2018 12/31/2019 COMBINED SINGLE LIMIT $ 1,000,000 A a ccident Ix ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE HIREDAUTOS X AUTOS Per accident $ A X UMBRELLA LIAB X OCCUR CU2107267 12/31/2018 12/31/2019 EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION $ A WORKERS COMPENSATION WC2107268 12/31/2018 12/31/2019 X IPER OTH- AND EMPLOYERS'LIABILITY Y/N TAT TE I I FIR ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N❑N/A r (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT $ 1,000,000 B Builders Risk Policy IED D43047501 12/31/2018 12/31/2019 Completedvalue forthe duration of the project DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES( 11011,Additional Remarks Schedule,may be attached If more space Is required) RE: WRMC Richardson Bass Stalls Replacement, 3401 W. Lancaster Ave., Fort Worth, Tx PMD2018-17 City Project#100590 Certificate holder is additional insured on a primary and non-contributory basis where required by contract. Waiver of subrogation applies where required by contract. 30 days notice of cancellation applies where required by contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Attn: purchasing Office ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street Fort Worth„ TX 76102 AUTHORIZED REPRESENTATIVE Tracy Tucker/CINDY 4 . ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, WRMC Richardson Bass Stalls Replacement located at 3401 W Lancaster Ave, Fort Worth, ... Texas (PMD2018-17) City Project # 100590. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: F P3:� Q By: KE v t u Company (Please Print) n _ Z. LLJ, `�VE'N N�cA. ; ,uE . Signature: -=- • �C.� Address Fo1=c- W>xt-g.Tx 1(h Z. Title: M e7m City/State/Zip (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this dayC:'L ally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of 'for the purposes and consideration, therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisoj�d y of �� , 2019. MARSHA L.TURNER ✓ /�� _ `�O�pryY PUeG ;rSNotary Public,State of Texas comm.Expires 04.24-2021 Notary Public in and for the State of Texas "or �`� Notary ID 131099407 um• L Instruction to Offerors Page 32 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018) 4--0" 2'-0" IL 2'-0" CENTERLINE OF ' SIGN, LOGO & TEXT INFORMATION FoRT R'TH® Project Title 0 Architect: Architect's Name Contractor: Contractor's Name .. FUNDED BY (List Bond Fund,etc.) SCHEDULED COMPLETION DATE YEAR SIGN COLOR & FONT: BACKGROUND - WHITE BORDER - 5116"WIDE, 3"RADIUS CORNERS, PMS 288 (BLUE) TEXT - HELVETICA or ARIAL, PMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJECT DESIGNATION SIGN Instruction to Offerors Page 33 of 33 City of Fort Worth-WRMC Richardson Bass Stalls Replacement(November 2018)