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Home My WebLink AboutContract 53607 i THIS COPY IS FOR: ONT] ACTOR CITY SECRETARY CITY SECRETARY c6NTRACT No. 53_ / PROJECT MANAGER PMD FILE COPY THE CITY OF FORT WORTH, TEXAS Construction Contract Construction Manager-at-Risk Park Maintenance Facility Phase 2 PMD2018-11 City Project # 101010 FORT WO RTH 4. _ BETSY PRICE DAVID COOKE MAYOR CITY MANAGER Fernando Costa Assistant City Manager David Creek Interim Director, Park and Recreation Department _ Steve Cooke Director, Property Management Department Muckleroy & Falls c °FE � a OFFICIAL RECORD c�5 January 2020 SECRETARY WORTH,TX Ui _ Park Maintenance Facility Phase 2 Page 1 of 53 ,,.� CMAR PMD2018-11 January 2020 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, January 14, 2020 REFERENCE NO.: M&C 20-0023 LOG NAME: 21 PARD CONSOLIDATED SERVICE CENTER PHASE II SUBJECT: Authorize Execution of a Construction Manager at Risk Construction Contract with Muckleroy & Falls .. Construction Company, in the Not-To-Exceed Amount of$9,099,973.00, for the Construction of the PARD Consolidated Service Center Phase II (2018 BOND PROGRAM) (COUNCIL DISTRICT 9) r. RECOMMENDATION: It is recommended that the City Council authorize a Construction Manager at Risk construction contract with Muckleroy & Falls Construction Company, in the not-to-exceed amount of$9,099,973.00, for the construction of the PARD Consolidated Service Center Phase II. DISCUSSION: The purpose of this M&C is to authorize execution of a Construction Manager at Risk(CMAR) construction contract with Muckleroy & Falls Construction Company, in the not-to-exceed amount of$9,099,973.00, for the construction of the PARD Consolidated Service Center Phase II. The Park and Recreation Department's (PARD) Crestline Service Center was displaced as a result of the .. use of approximately three acres of Trinity Park and the Fort Worth Botanic Garden for the dedication of public road rights-of-way for the construction of the extension of Trail Drive and Van Zandt Lane Mayor and Council Communication (M&C L-16073). These Crestline Service Center facilities are being relocated _ adjacent to other PARD facilities currently located at Greenbrier Park at 5199 James Avenue. Design of the new service center was authorized on June 20, 2017 (M&C C-28283). .. A construction contract for Phase I for this project was authorized on December 12, 2017 (M&C C-28518). Phase one consisted of the construction of one office building and four open and enclosed storage buildings, along with material storage bins and equipment yard. •• The City issued a Request for Proposals from Construction Managers-at-Risk(CMAR) contractors in the Fort Worth Star Telegram on February 14 and February 21, 2019 for Phase II of this project. Phase II will consist of the construction of another office building and three more storage buildings, as well as pave the _ equipment yard and the employee parking lot. On March 14, 2019 the City received 7 responses for the expansion project from CMAR contractors. These firms were: • Dennett Construction • FPI Builders, LLC • Imperial Construction, Inc. .. • MDI, Inc. General Contractors - Muckleroy & Falls Construction Company • Ridgemont Commercial Construction • Byrne Construction Services On March 25, 2019, these proposals were reviewed by members of the Park& Recreation Department, Office of Business Diversity, and the Property Management Department. References were checked, the .. M/WBE Office evaluated their sub-consulting plan and the proposal was reviewed for completeness. CMAR Byrne Ridgemont MIDI, Inc. PROPOSAL Muckleroy Construction Commercial FPI Imperial General Dennett EVALUATION & Falls Services Construction Builders Construction Contractors Construction Proposed 55 51 48 52 50 52 51 Fees MBE Goal & 8 8 7 8 8 5 5 Plan References & 23 25 23 15 18 10 5 Experience Knowledge of City 9 10 10 10 9 5 7 Procedures TOTAL 94 71 88 =E85l 85 ]E=72J 68 Based on this evaluation, the selection team determined that Muckleroy& Falls Construction Company was the best qualified CMAR Contractor for this project. Staff administratively awarded a Pre-Construction Services Contract to Muckleroy& Falls Construction Company, in the amount of$9,500.00, to provide assistance with the design and cost estimating in the design phase. The design of Phase II is now complete and staff recommends the execution of the CMAR construction contract with Muckleroy& Falls Construction Company, in the not-to-exceed amount of$9,099,973.00, �• for the construction of Phase II of the Facility The overall project costs, combining both PARD funding and 2018 Bond Propositions, is described in the table below: TOTAL PROJECT BUDGET (PARD Funding and Totals 2018 Bond Programs) Phase I Project Budget $16,000,000.00 Phase II Design Contract $726,000.00 .. Phase 11 CMAR Construction Contract, including 7.5 $g 099,973.00 Owner's Construction Allowance Phase II Project Administration Cost: Project Management, Bid Advertisement, IT, Security, $1,274,027.00 Materials Testing, Contingency, FFE, etc. PROJECT TOTAL $21,100,00.00 Facility Management Cost Impact: The impact to maintenance cost associated with this project for the Property Management Department, beginning in Fiscal Year 2021, is expected to be$6,200.00 annually. Waiver of Building Permit Fees-In accordance with the City Code of Ordinances, Part 11, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." The funding source for this contract is the 2018 Bond Program. M/WBE Office-Muckleroy & Falls Construction Company is in compliance with the City's BIDE Ordinance by committing to 25\% MBE participation on this CMAR project. The City's MBE goal on this CMAR project is 10\%. The PARD Maintenance Facility is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the 2018 Bond Program and that, prior to expenditures being made, the participating department has the responsibility to validate the availability of funds. .. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgra Activit Budget Reference # moun ID1A ID Year Chartfield 2 FROM TuTepartment� ccounj Project lProgralActivi Budget Reference# moun .. ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Kevin Gunn (2015) Originating Department Head: Steve Cooke (5134) Additional Information Contact: Brian Glass (8088) ATTACHMENTS 1. 191121 MBE Compliance Memo-Muckleroy and Falls- Park Facility Phase 2....pdf (CFW Internal) 2. 21 PARD CONSOLIDATED SERVICE CENTER PHASE II FID TABLE.xlsx (CFW Internal) 3. COFW Park Maintenance Facility 1295.pdf (CFW Internal) 4. Park Maint Fac 2019.pdf (Public) 5. PROJECT BUDGET SUMMARY 12-12-19.pdf (Public) 6. SAM HM & MF Ltd Muckleroy and Falls.pdf (CFW Internal) r. 1 eti _ . y i♦ k • w ldr iW y y 4 k Y All ir via F � + r , No FORTWORTH., CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 1 FORT WORTH PARK MAINTENANCE FACILITY Request for Proposals Submittal Date: MARCH 14, 2019 (NO CHANGE) 1. The Attendees sign-in sheet for the pre-proposal conference is attached. 2. The CMAR MBE Utilization Form is attached. T 3. Refer to Paragraph 8 of the Instructions to Offerors for submittal requirements. Provide 7 copies of the items as well as 7 copies of the Proposal Form and any additional firm information provided. 4. The anticipated Substantial Completion Date for Phase 1 is Mid-August, 2019 Acknowledge the receipt of this Addendum No. 1 on your Proposal. ROGER VENABLES INTERIM DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By. Brian Glass, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 T RELEASE DATE: March 1, 2019 Park Maintenance Facility Page 1 of 1 Addendum No.1 (March 1,2019) rh o .� U � � co N I BMX m i' v c J (j) t! Qua LL qqj L .� K r� °' m w a N V ' Na ` N1, CJ M Kl nLL LL �. C ` ' CD a r. � e o o Va) rn M � if LL m a n y N J c n.� v �. o U t-• U cn «+ X (Y) � N s o _ o t7 tf l Q L V f V " CD -- w � a N ' oo " M 1 o a. ' a N p .0 1L C lL 06 �+) (d c- N l r ? 0 V to lie ,o r _ iL d Jb- cn n o� ca r c O a� C a. to 0 N � N O M go cm: LL — p. U a_ L � - kk \ \ / F nak 2k � � $ ° $ � $ $ U- - ± � � � � m g m $ 3 a R � � 2 m LL a M - k § � LL � � j w 0 , \ CL o . � R ® 2 � § ` \ 113 . 2 � @ ci t 0 E t / O . \ \ . \ / / . ca ± £/ e 0 0- E 22 m Q 0- E 2 7 / LL R k _ § 2 z / 0 ( o _ z ca = o p � § \ _ \ ) co k $ o co § E � ) LLI j LU w / UJ \o ° c = ( _ U. fO El at 0 / a 6 - LL E « ■ a w N z 2 C) z w 2 O § ƒ cu Q k � \ \ N a z 4 \ \ wz § W § � § % $ 2 / % � § $ 2 An k \ k § G r z ¥ U � w m \j $ \ # ° w § \ "Zi ¥ w / , O § / § L6 ¥ LL { { CD / O § ® § ) \ E } U § 2 [ | o mac " 3 _ « m ¥ ) - {° § Ea.w0 b © °2f IL � 0 } o - o e � E® e j 0 � - E ) ® # E { ; , z } £ JCL E / o � - § ) § § � \ - } § 0 § E §0 to § & § E § \ % § / U. [ { C , I Le { , I | $ - U) ƒ - C , ) \ \ ) m c _ m _ c _ § � /uj § \ { k \ k k k \ CL \ \ 0 \ / 0 « o u ■ E w G u 2 � u u u ■ I u u u « 2 G o k E w A � 0 FORT WORTH(,., CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 2 - FORT WORTH PARK MAINTENANCE FACILITY Request for Proposals Submittal Date: MARCH 14, 2019 (NO CHANGE) 1. The CMAR MBE listing is attached for information only. 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: March 11, 2019 Park Maintenance Facility Page 1 of 1 Addendum No.2(March 11,2019) TABLE OF CONTENTS TABLE OF CONTENTS • NOTICE TO CONSTRUCTION MANAGER-AT-RISK(CMAR) OFFERORS • PROJECT LOCATION MAP, AREA MAP, PHASE I SITE PLAN (FOR REFERENCE ONLY)AND MASTER SITE PLAN (FOR REFERENCE ONLY) • INSTRUCTIONS TO CONSTRUCTION MANAGER-AT-RISK(CMAR) OFFERORS v • 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 • CMAR CONSTRUCTION CONTRACT • GENERAL CONDITIONS FOR CMAR CONSTRUCTION • PAYMENT BOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • PROJECT SIGN i Park Maintenance Facility Phase 2 Page 4 of 53 CMAR PMD2018-11 January 2020 NOTICE TO CONSTRUCTION MANAGER-AT-RISK (CMAR) OFFERORS - Proposals from Construction Manager-at-Risk (CMAR) Offerors for the Fort Worth Park Maintenance Facility Phase 2 located at 5199 James Avenue, 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, March 14, 2019, and will be opened and the names of the CMAR firms will be publicly read aloud approximately thirty minutes later in the Council Chambers. A Pre-Proposal Conference will be held at 1:00 P.M., Thursday, February 28, 2019 at the Architectural Services Conference Room, 401 West 13th Street, Fort Worth, 76102. The last day for questions from prospective Offerors is at 5:00 PM on Friday, March 8, 2019. The City will select the CMAR Contractor by using a two-step Request for Proposal (RFP) process. After evaluating the submitted Proposals from the CMAR Offerors, the C;ty will shortlist and interview up to three Offerors. The City will then select and enter into negotiations with the Best Value 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 selected CMAR Contractor will provide Pre-Construction Services including Constructability Reviews, Value Engineering Recommendations and Estimating Services Fees to review during the various phases of the design process. Once the construction documents are completed, the selected CMAR Contractor will provide a Guaranteed Maximum Price (GMP) and construction performance — period for each of the three major portions of the work and all work combined. This GMP will be inclusive of Value Engineering and Estimating Services fees, General Conditions, Construction Manager's Fee, contingency, bonds, insurance, and other agreed upon costs; plus the City's General Contingency Allowance. The total construction cost is anticipated to be approximately$8,400,000.00. The City of Fort Worth will negotiate a Pre-Construction Services Contract and later negotiate a Construction Services Contract with the selected CMAR firm determined to have made the Best Value offer. Refer to the"Project Proposal Form". Refer to the Request for Proposal documents for the Minority Business Enterprise (MBE) Information. MBE participation will be evaluated in awarding this contract. The MBE participation goal is 10% for the estimated construction budgets. The goal will be applied to the GMPs (and fees) when the GMP agreements are reached. Offerors must submit an anticipated MBE Utilization Plan with their CMAR Proposal submittal. The submitted Plan will be part of the weighted selection criteria. Refer to Instructions to Construction Manager-at-Risk (CMAR) Offerors for additional information. Contact the MW/BE Office at(817)212-2674 to obtain a list of certified subcontractors and suppliers. Also, Refer to Section 3. BUSINESS DIVERSITY ENTERPRISE (BDE).ORDINANCE PROVISION in the Instructions to Construction Manager-at-Risk(CMAR) Offerors. Upon completing the negotiations with the.selected CMAR firm, the City will recommend to the City Council to award the CMAR contract to the selected CMAR firm based on the negotiations and the agreed upon estimated construction budgets for each of the three major tasks. The CMAR contract will be adjusted based on the agreed upon Guaranteed Maximum Price (GMP) after the design is completed. Park Maintenance Facility Phase 2 Page 2 of 53 CMAR PMD2018-11 January 2020 The selected CMAR Contractor will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage once the GMP is agreed upon. CMAR Offerors may access the Instructions to Offerors, any Addendum, Sample Contract, General Conditions, Site Plans and other Reference Drawings, and any other related documents through the City's Buzzsaw website by cutting and pasting the following link in a web browser: M' https:Hprogectpoint.buzzsaw.com/fortworthgov/Advertised/PARD%20Maintenance%2OFacility%20%20PH 2?public .. Contact the Project Manager, Ronald Clements, at (817) 392-8014 or email Ronald.Clements(a)fortworthtexas.gov for assistance. Advertisement: February 14, 2019 February 21, 2019 ML 4 4 Park Maintenance Facility Phase 2 Page 3 of 53 CMAR PMD2018-11 January 2020 INSTRUCTIONS TO CONSTRUCTION MANAGER-AT-RI$K (CMAR) OFFERORS 1. PROPOSAL REQUIREMENTS: The following requirements Shall be used in the preparation of the response to this Request for Proposals (RFP): • Use the Proposal Form provided in this RFP document. • Entries on the Proposal Form may be handwritten or typed. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIQ and Form CIS if required.) _ • Cashier's check or an acceptable bidder's bond IS NOT REQUIRED for this Request for Proposals. 2. SELECTION OF CMAR CONTRACTOR: The City shall select the Offeror that offers the best value based upon the below criteria and ranking evaluation. In determining the Best Value Offeror, the City will consider: A. Proposed Fees and Expenses (55%) (Refer to Proposal form). B. Proposed MBE Goal and Utilization Plan (10%). C. References and Experience in Executing CMAR Projects and Similar Type Projects (25%) - References and experience of the Offeror, Project Manager, and Superintendent as demonstrated by listing recently completed and current, "vertical" facilities, CMAR projects, including references with names, positions, company names, and current telephone numbers; and list of subcontractors. D. Knowledge of City procedures and familiarity with applicable regulations, professional standards, and applicable regulations. (10%). After ranking the responses to the 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 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. Park Maintenance Facility Phase 2 Page 5 of 53 CMAR PMD2018-11 January 2020 3. BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE PROVISION A. The City of Fort Worth implemented the Business Diversity Enterprise Ordinance to reflect the City's availability and disparity study findings. All proposers shall note that it is the policy of the _ City to ensure the full and equitable participation of Minority Business Enterprises (MBEs) 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. There is no MBE diverse goal for Pre-Construction Phase Services on this solicitation. The MBE diverse goal is 10%for Construction Phase Services (subcontractors, suppliers, etc.) B. If the Proposer self-performs Construction Phase Services as the general contractor, the MBE goal must be met. No exceptions. C. Proposers must obtain MBE listings from the City of Fort Worth's MJWBE Office at (817) 212- 2674 or email mwbeoffice(cr).fortworthtexas.gov. This will ensure that CMAR firms are acknowledging MBEs (which include DBE firms that are minority owned, controlled and daily R. managed) currently certified by the North Central Texas Regional Certification Agency(NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth at the time proposals/bids are submitted, in order for the participation to be counted towards the established diverse goals. The firms must be located in the City's six (6) county geographic marketplace that includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. .. D. At the time the Guaranteed Maximum Price (GMP) is due and submitted to the City, it shall be accompanied by the MBE Utilization Plan to address the diverse MBE goals for use when proposals/bids are sought from trade contractors or subcontractors for performance of all major elements of the Work. At a minimum, the Plan must provide: ■ the company name, address, point of contact, email address, office and fax telephone numbers of the MBE subcontractors and suppliers; • a detailed description of the work to be performed by each MBE; • the tier level, i.e., 1st 2"d, 3rd etc. (if other than 1st tier, the plan must clearly identify the firm name and tier from whom the MBE firm will be receiving payment); ■ the sub-contract value or percentage of the GMP construction cost for each phase of work identified for each MBE participant; ■ state the MBE percentage level of commitment achieved; ■ the timing of the major elements of the work including approximate advertising dates and • provide the same identification information for all non-MBE participants The Plan must also include an element detailing how the Proposer will communicate with, and report Plan compliance to, the City's Project Manager and the City's MWBE Office during the Project including providing to the MWBE Office Letter(s) of intent, purchase orders and or executed sub-contract agreements after award by the CMAR and prior to the issuance of the notice to proceed of each relevant phase of the Work. E. MBE firms must be certified at the time each of the Work's major elements are bid or proposals submitted, in order for the participation to be counted towards the established goal. F. If a Proposer is certified as a DBE, MBE, SBE or WBE firm, the City's Ordinance does not allow a Proposer to count itself or its subsidiary-owned companies towards the established goals; the goals represent subcontracting opportunities. G. The participation commitment of the MBE Construction Phase Services will be part of the final weighted selection criteria. Park Maintenance Facility Phase 2 Page 6 of 53 CMAR PMD2018-11 January 2020 H. Failure to address the diverse goals and state the MBE commitments shall render the Proposer non-responsive. For additional information contact the MWBE Office at(817) 212-2674. 4. PROPOSAL SECURITY: This is NOT REQUIRED for this Request for Proposals. " 5. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000 and when the Guaranteed Maximum Prices (GMPs) are agreed upon, 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 attributable to each phase. 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 fcr any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. 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. 6. 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 oat 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. t 7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. 8. CMAR OFFERORS SUBMITTALS: With their Request for Proposal submittal, Offerors are required to submit the following additional information to the Purchasing Office, 200 Texas Street, Fort Worth, Texas 76102 in order to assist City staff in determining the Contractor's capability of . performing the work and in meeting City contract requirements: • Contractor's CMAR Qualification Statement (AIA Form A305 or equivalent form), _ including client references Park Maintenance Facility Phase 2 Page 7 of 53 CMAR PMD2018-11 January 2020 • List of any Proposed Specialist or Subcontractors required for Pre-Construction Services • Proof of insurability for Statutory Workers Compensation Insurance • Conflict of Interest Affidavit The Offerors Minority Business Enterprise (MBE) Utilization Plan Documentation will be required prior to and evaluated as part of the Interview Phase. Refer to Paragraph 2 (Selection of CMAR Contractor) and Paragraph 3 (Business Diversity Enterprise) for additional information on these submittals. 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. 10. DISCREPANCIES AND ADDENDA: Should an Offeror find any discrepancies in the Request for Proposals Documents, 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 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 the agreed upon Final Guaranteed Maximum Prices (FGMPs) for Phases I and 11. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of agreed upon FGMP. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 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 line. 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. INSTRUCTIONS TO OFFERORS: Offerors may access the Instructions to Offerors, any Addendum, Sample Contract, General Conditions, Drawings, and any other related documents through the City's Buzzsaw website at the following link: https://proiectpoint.buzzsaw.com/fortworth.gov/Advertised/PARD%20Maintenance%2OFacility%20 %20PH2?public Park Maintenance Facility Phase 2 Page 8 of 53 CMAR PMD2018-11 January 2020 16. 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. 17. PROJECT SCHEDULE: The Project Schedule will be submitted with the Guaranteed Maximum Price (GMP) and 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. 18. 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. Park Maintenance Facility Phase 2 Page 9 of 53 _ CMAR PMD2018-11 January 2020 16. 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. 17. PROJECT SCHEDULE: The Project Schedule will be submitted with the Guaranteed Maximum Price (GMP) and 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. 18. 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. 19. 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. _ 20. No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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 Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. Park Maintenance Facility Phase 2 Page 9 of 53 CMAR PMD2018-11 January 2020 BID PROPOSAL Proposal from HM & MF Ltd., d/b/a Muckleroy& Falls, A Texas Limited Partnership Proposal For: Forth Worth Park and Maintenance Facility—Phase 2 January 71h, 2020 The City of Fort Worth Attn: Ronnie Clements 401 West 131h Street Fort Worth, TX The undersigned, having examined the sealed permit set from Quorum Architects dated, September 6rh, 2019 provided with two addenda dated 10/31/2019 and 11/7/2019 respectively. Thereby proposes the below Lump Sum base bid, inclusive of all labor, materials, services, required in connection with or incidental to the construction of the outlined work in conformance with the provided Project Documents. Base Bid: $8,158,745.00 Alternates 1, 2,4: $206,346.00 Paving Allowance: $100,000.00 Contingency Allowance (7.25%): $634,882.00 Contract Amount: Nine Million, Ninety-Nine Thousand, Nine Hundred Seventy-Three Dollars ($9.099.973) Please see attached Estimate Clarifications with requested Alternates. The Undersigned further agrees to honor this bid for 30 days after receipt of Bid. HM & MF LTD, d/b/a Muckleroy& Falls, A Texas Limited Partnership by Muckleroy& Falls Construction Co., A Texas Corporation and General Partner By: at • Harold Muckleroy, CEOV Muckleroy&Falls Client-Centered Commercial Contractor 5801 Edwards Ranch Road,Suite 100 Fort Worth,TX 76109 817.877.3510 www.muckleroyfalls.com LOYALTY WO": E- � _ j \ ° 1 � « zn - - - - ------------ k© §�k \\ - - 2 § § ) § ! ao3 yam ) \ \ \ ; \ /; ; e : \ § /§ D! ■ aa & ad � e m Its :, lwp» ; t2y � s E, « R4 !a!! ;4 .... yam _ ° - \%2(2§l§) ( )) \ m/[§`7 ,2 § . /w / ' \} § |ft . - `® 02 } �� ° r G � ■ rc 4 2£§2 / k)§Ct N z, r : - ■ �R±Ek 3 ) « |. § )W� 93 ru-1 7 § § mo /e ; ( ( § ( § § \ ( k ( ) ( ( ( ( ) \ ) ( ( § \ ) k ( kB § G § ( ! ! CONFLICT OF INTEREST AFFIDAVIT 4 MW 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 ;i 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. .J hftp://www.ethics.state.tx.us/forms/CIQ.r)d i� hftp://www.ethics.state.tx.us/forms/CIS.odf FX71 CIQ Form is on file with City Secretary a CIQ Form is being provided to the CitySecretary ® CIS Form is on File with CitySecretary CIS Form is being provided to the CitySecretary BIDDER: HM&MF. Ltd. d/b/a Muckleroy&Falls By: Taylor Hale Company (Plea Print) HM&MF,Ltd.d/b/a Muckleroy&Falls,a Texas Limited g b Partnership by Muckleroy&Falls Constriction Co.,a Texas y Corporation and General Partner at'/& f ess 5801 Edwards Ranch Rd., Ste 100 Fort Worth, Texas 76109 Title: City/State/Zip (Please Print) VP, PreConstruction/Estimating J I� Park Maintenance Facility Phase 2 Page 13 of 52 CMAR PMD2018-11 February 2019 9 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Date Received Government Code by a person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person beco s aware of facts that require the statement to be filed. See Section 176.006,Lol Government Code. A person commits an offense if the person violates Section 176.006,Local Government Code. An offense under this section is a Class C misdemeanor. 1. Name of person doing business with local governmental entity. 2. ❑ Check this box if you are tiling an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than September 1 of the year for which an activity described in Section 176.006(a)�Local Government Code,is pending and not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3. Describe each affiliation or business relationship with an employee or contractor of the local governmental entity who makes recommendations to a local governra nt officer of the local governmental entity with respect to expenditure of money. _ 4. Describe each affiliation or business relationship with a person who i4 a local government officer and who appoints or employs a local government officer of the local governmental entity that is the subject of this questionnaire. Park Maintenance Facility Phase 2 Page 14 of 53 CMAR PMD2018-11 January 2020 W CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity Page 2 5. Name of local government officer with whom filer has affiliation or business relationship. (Complete this section only if the answer to A,B,or C is YES.) This section,item 5 including subparts A,B,C&D,must be completed for each officer with whom the filer has affiliation or business relationship. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income from the filer of the questionnaire? ❑ Yes ❑ No B. Is the filer of the questionnaire receiving or likely to receive taxable income from or at the direction of the local government officer named in this section AND the taxable income is not from the local governmental entity? ❑ Yes ❑ No C. Is the filer of this questionnaire affiliated with a corporation or other business entity that the local government officer serves as an officer or director,or holds an ownership of 10 percent or more? ❑ Yes ❑ No D. Describe each affiliation or business relationship. 6. Describe any other affiliation or business relationship that might cause a conflict of interest. 7. Signature of person doing business with the governmental entity Date 4 4 Park Maintenance Facility Phase 2 Page 15 of 53 CMAR PMD2018-11 January 2020 01-339(Back) (Rev.4-13/8) Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name of purchaser,firm or agency City of Fort Worth,Texas Address(Street&number,P.O.Box or Route number) rea code and number) Phone(A 200 Texas Street 817-392-8517 City,Slate,ZIP code Fort Worth,Texas 76102 I,the purchaser named above,claim an exemption from payment of sales and use taxes(for the purchase of taxable items described below or on the attached order or invoice) from: Seller: All Vendors Street address: City,State,ZIP code: Description of items to be purchased or on the attached order or invoice: All items. Purchaser acknowledges that this Certificate cannot be used for the purchase, lease or rental of a motor vehicle. Purchaser claims this exemption for the following reason: Municipality, Governmental Entity I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code and/or all applicable law. l understand thatitis a criminal offense togive an exemption certificate to the sellerfortaxable items tha t I know,atthe time ofpurchase, willbe used in a mannerotherthanthatexpressedinthiscertificate,anddependingon theamountoftaxevaded,theoffensemayrange from a Class C misdemeanor to a felony of the second degree. Purchaser We Date here here Finance Director/CFO Idt(Ill NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax"Exemption Numbers"or"Tax Exempt"Numbers do not exist. This certificate should be furnished to the supplier. Do n_qt send the completed certificate to the Comptroller of Public Accounts. 2013 PREVAILING WAGE RATES Commercial Construction Projects .� CLASSIFICATION DESCRIPTION AC Mechanic $ 25.24 Me $ 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 r.r $ Bricklayer/Stone Mason Helper 10.91 Carpenter $ ;* 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper 11$0 Concrete Finisher $15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder 15$27 MP Concrete Form Builder Helper 11.00 Drywall Mechanic $ 15.36 Drywall Helper $12.54 Drywall Taper $ 15.00 Drywall Taper Helper 11$50 Electrician (Journeyman) $ 19.63 Electrician Apprentice(Helper) $ � 15.64 Electronic Technician 20$0 Floor Layer 18$00 Floor Layer Helper $ 10.00 Glazier $ *• Second Animal Care&Control Facility Page 19 of 56 CMAR January 2020 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 — Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ �12 99 Metal Building Assembler $ �16 00 w 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 4 Painter $ �16 44 Painter Helper $ 9.98 Pipefitter $ �21 22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ i 12.85 Plumber $ 1.98 Plumber Helper $ 5.85 Reinforcing Steel Setter $ 2.87 Reinforcing Steel Setter Helper 08 Roofer $ 6.90 Roofer Helper $ 1.15 Sheet Metal Worker $ 6.35 Sheet Metal Worker Helper $ 3.11 Sprinkler System Installer $ ' Second Animal Care&Control Facility Page 20 of 56 CMAR January 2020 19.17 Sprinkler System Installer Helper 14.15 Steel Worker Structural 17.00 Steel Worker Structural Helper 13$74 Waterproofer 15.00 Equipment Operators Concrete Pump $ 18.50 Crane,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 i 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 Second Animal Can:&Control Facility Page 21 of 56 CMAR January 2020 CITY OF FORT WORTH WEATHER TABLE Average Days = Month of Inches of Rainfall RairfSnaw�lce anuary 6 2.54 r. Februa 7 2.23 Marclt 9 3.49 riI 7 2.97 May 10 4.56 une 8 3.31 my 4 1.83 gust 5 1.88 ptember 5 2.34 October 7 3.65 —• November 7 2.70 December 6 2.34 ually 81 33.81 (1)Mean number of days predottation of 0.01"or more or 10 snowAce (2)Average nomral precipitabm,An inches This table is based on information reported from Dallas-Fort%forth International Airport, Texas.Latitude 32 deg 54 min north,longitude 97 deg 02 min crest,elevation(ground)551 ft. Average number of days of rain,snag,and ice days are based on records covering 21 years. Precipitation is based on recorded information from 1996 through 2016 period. This table is to be used as a baisis for cakuiafilon 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 daunted as a weather day.If the number of weather days exceeds the number of average rain days plus the snowfice days for the contract duration,the contractwill be adjusted by Change Order. —• Fort Worth Weather Tabile 24Aprill 2017 Second Animal Care&Control Facility Page 22 of 56 CMAR January 2020 City of Fort Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION CONSTRUCTION MANAGER-AT-RISK 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 six 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-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the bidder 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: 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. 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. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of 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. Park Maintenance Facility Phase 2 Page 20 of 53 CMAR PMD2018-11 January 2020 A-10 MINORITY BUSINESS ENTERPRISE(MBE)POLICY: As of June 1, 2012,The City of Fort Worth has implemented the 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 an MBE listing of African American firms from the M/WBE Office at 817-212- 2674. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. The City of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting proposals are included. The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. ! A-11 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. 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. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "Architect" is used in the "General Conditions of the Contract for Construction", it shall refer to the Director,Transportation and Public Works or his designated Building Construction Manager. The Director,Transportation will designate a Project Manager and Building Construction Manager(BCM)to administer this contract and perform the functions of the "Architect" as indicated in the General Conditions. The design architect or engineer may also be designated to perform the duties of"Architect". The term"City"and"Owner'are used interchangeably and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works or his designated representative. B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated,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 allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor Park Maintenance Facility Phase 2 Page 21 of 53 CMAR PMD2018-11 January 2020 " 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. B-3 DUTIES OF THE ARCHITECT: As used herein,the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations,the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments,the Building Construction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor,subject to the final decision of the Owner. ,- The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and Specifications. In addition,whenever, in its reasonable opinion,the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the BCM will have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop Drawings. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Change Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor. B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site i and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Park Maintenance Facility Phase 2 Page 22 of 53 CMAR PMD2018-11 January 2020 Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM. C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the Owner will have authority to require the Contractor to stop the work or any portion thereof,or to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated,installed or completed. _ C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared and signed by the Contractor,and accepted,approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books,documents, papers and records of such subcontractor, involving transactions to the subcontract.The term "subcontract"as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder,and all persons performing same,and Contractor shall be solely responsible for the acts of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor,its officers,agents and employees,and the doctrine of respondeat superior shall not apply. -- D-3 SUBLETTING: It is further agreed that the performance of this Contract,either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. _ D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings,Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations. — D-5 SUPERVISION: The Contractor shall supervise and direct the Work,using his best skill and attention. He shall be solely responsible for all construction means, methods,safety,techniques,sequences and procedures and for coordinating all portions of the Work under the Contract Documents. .� D-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers,workmen or materialmen from outside local area. PM Park Maintenance Facility Phase 2 Page 23 of 53 CMAR PMD2018-11 January 2020 The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258,Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall; upon demand made by the City,pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents.This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023, Complaints of Violations and City Determination of Good Cause. On receipt of information,including a complaint by a worker, concerning an alleged violation of 2258.023,Texas Government Code,by a contractor or subcontractor,the City shall make an initial determination,before the 31 sc day after the date the City receives the information,as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates,such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023,Texas Government Code, including a penalty owed to the City or an affected worker,shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised Statutes)if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c)above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The Contractor and each subcontractor shall,for a period of three(3)years following the date of acceptance of the Work,maintain records that show(i)the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract;and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period,whichever is less,the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)through(g)above. On projects where special wage rates apply(e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such programs. 4 D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. D-10 LICENSES, NOTICES AND FEES: The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. The City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. The Contractor shall give all Notices and comply with all Laws,Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. = Park Maintenance Facility Phase 2 Page 24 of 53 CMAR PMD2018-11 January 2020 D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct,but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by(Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in, attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner.The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. _ D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper,and if, in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof,the Contractor and/or its Surety shall pay said City on demand in writing,setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for the Architect's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. — The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work. The Architect will prepare,and provide to the Owner,one complete set of reproducible record drawings of the Work. D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer,supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor,normally within the first 90 days of the work,six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require.At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples,the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and — coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only _ for conformance with the design concept of the Project and with the information given in the Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of —• Park Maintenance Facility Phase 2 Page 25 of 53 _ CMAR PMD2018-11 January 2020 submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by the City Council of the City of Fort Worth,the entire site of the Work shall be under the exclusive control,care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.The Contractor shall rebuild, repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may be — required to make its several parts fit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering the Work or any part of it. D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings"broom-clean", Contractor shall clean all glass, replace any broken glass, remove stains,spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,tile and terrazzo floors. If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor. D-21 COMMUNICATIONS: As a general rule,the Contractor shall forward all communications to the Owner through the BCM. D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS Y E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations(including those who are to furnish materials or equipment fabricated to a special design)proposed for such portions of the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or = organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If,prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such list,and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect,unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub- subcontractors)which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; = Park Maintenance Facility Phase 2 Page 26 of 53 CMAR PMD2018-11 January 2020 4. Require that all claims for additional costs,extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor(via any Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the Architect,whether or not such provisions are physically included in the sub- contract. E-4 MINORITY BUSINESS ENTERPRISE (MBE): Should the base proposal be $50,000 or less, the requirements of this section do not apply. General: As of June 1,2012,The City of Fort Worth has implemented the 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 of African Americans firms from the M/WBE Office at 817-212-2674. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6) county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of:Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to contrrm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal, In accordance with City of Fort Worth Diversity Business Ordinance (BDO) No 20020,12-2011 (the"Ordinance"), the City of Fort Worth sets goals for the participation of Minority Business Enterprises (MBE) in City contracts. Ordinance No 20020-12-2011 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The MBE documentation required by the procurement solicitation must be submitted within five city business days after the proposals are opened. Failure to comply with the City's Business Diversity Ordinance, or to demonstrate a "good faith effort",shall result in a bid being considered non-responsive. During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual work performed by an MBE on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books,records or files in it's possession that will substantiate the actual work performed by an MBE. The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal,state,or local laws or ordinances relating to false statement. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three(3)years. The failure of an offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than one(1)year. The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier, the MBE shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more,the M/WBE Office Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall: 1. Make no unjustified changes or deletions in its MBE participation commitments submitted with the bid/proposal or during negotiation,without prior submission of the proper documentation for review and approval by the M/WBE Office. 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections of the 00rdinance,exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the M/WBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract,the Contractor wishes to change or delete one or more MBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following: 1. An MBE's failure to provide Workers'Compensation Insurance evidence as required by state law;or 2. An MBE's-failure to provide evidence of general liability or other insurance: Park Maintenance Facility Phase 2 Page 27 of 53 _ CMAR PMD2018-11 January 2020 under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1)the limits required of the Contractor by the City; or 2)the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non- M/WBE subcontractor's/subconsultant's or suppliers;or 3. An MBE's failure to execute the Contractor's standard subcontract form, if entering a subcontract is required by the Contractor in its normal course of business,unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work;or T b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month;or c) Any limitation being placed on the ability of the MBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company. d) Mediation shall be a consideration before the request for change is approved. + 4. An MBE defaults in the performance of the executed subcontract. In this event,the Contractor shall: a) Request bids from all MBE subcontractors previously submitting bids for the work, ' b) If reasonably practicable,request bids from previously non-bidding M/WBEs,and c) Provide to the M/WBE Office documentation of compliance with(a)and(b)above. 5. Any reason found to be acceptable by the M/WBE Office in its sole discretion. Within ten days after final payment from the City the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier,including non-MBEs,used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work.The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor,the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued,for his Work to the extent completed,less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may, on request and at its discretion,furnish to any Subcontractor, if practicable,information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110,as appropriate. Each subcontractor must agree to comply with all applicable Federal, State,and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government w departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of$10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City.The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347. Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. Park Maintenance Facility Phase 2 Page 28 of 53 CMAR PMD2018-11 January 2020 All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or _ purchase order of$50,000 or more must submit a completed Standard Form 100(Compliance Report)by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection With other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractors work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. — Should the Contractor cause damage to the work or property of any separate contractor on the site,the Contractor shall, upon due notice,settle with such other contractor by agreement,if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the _ Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting, fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other contractors by cutting,excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations,or Directives controlling the action or operation of those engaged upon the work affecting the materials used.He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws,Statutes,Charter,Ordinances,Regulations,or Directives,Whether by himself,his employees,agents or subcontractors. G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Wortth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the Contractor agreet to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,c�in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any persona(liability by virtue of such performance hereunder, except for gross negligence or willful �- wrong. G-4 COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject .. to State Sales Tax. The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction Park Maintenance Facility Phase 2 Page 29 of 53 _ CMAR PMD2018-11 January 2020 Manager weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer tap, impact&access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition,Contractor covenants and agrees to indemnify, hold harmless and defend,at its own expense,the Owner, its officers,servants and employees,from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of,the work and services to be performed hereunder by Contractor, its officers,agents,employees,subcontractors, licensees or invitees,whether or not any such injury,damage or death is caused,in whole or in part,by the negligence or alleged negligence of Owner,its officers,servants,or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers,servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner,its officers,servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled andlor a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2,this contract shall be binding upon and insure to the benefit of the parties hereto,their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner.Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The Contractor agrees, on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work,such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas,as amended,in the form included in the Contract Documents,and such bonds shall be 100 percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal statutes. To be an acceptable surety on the bond the name of the surety should be included on the current U.S.Treasury List of Acceptable Securities [Circular 5701, and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized,accredited,or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same, the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and acceptance of the Work. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified;however,if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to Owner. G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner timely notice of its readiness .� Park Maintenance Facility Phase 2 Page 30 of 53 CMAR PMD2018-11 January 2020 and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not included above,the Owner, upon written authorization from the Owner,will instruct the Contractor to order such special inspection, testing or approval,and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs,and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection,testing or approval, and three copies will be promptly,delivered by him to the Owner.The Architect will review the certificates and forward one copy of each with his recommendation(s)to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable,at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections,tests or approvals by persons other than the Contractor shall relieve the Contractor from his obljgations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may be required to perform the Work while the existing utility is in service.The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted.The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the Contractor. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction — Documents. Prior to commencing work, the Contractor shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work,the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is _ to be erected and observe any existing overhead wires and equipment.Any such work shall be moved, replaced or protected, as required,whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only.Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. -- G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation of jointed floor,wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible.This includes heating registers, light fixtures,equipment,etc. _ If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. Park Maintenance Facility Phase 2 Page 31 of 53 CMAR PMD2018-11 January 2020 G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible, uniform margins are to be maintained between parallel lines and/or adjacent wall,floor or ceiling surfaces. G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes, equipment,or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications,or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such .., instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the Work. T At completion of work,the General Contractor shall, immediately prior to final inspection of complete building,execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be y cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building,the grounds, approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc.,without scratching or injuring the glass and leave the work bright,clean and polished.Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. .� 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust,or when directed by the Architect,operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. -- Park Maintenance Facility Phase 2 Page 32 of 53 CMAR PMD2018-11 January 2020 G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not ••• on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. 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 '/2" x 11", except pull out sheets may be neatly folded to 8 '/2"x 11". Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: 1) Name,address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing 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 six copies of Maintenance Manual,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 contonts 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 Park Maintenance Facility Phase 2 Page 33 of 53 CMAR PMD2018-11 January 2020 ' 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: At the Contractor's option, he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. 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. T G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered. 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 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 Assistant City Manager,and no other form of acceptance will be binding upon the Owner. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday,regardless of whether a "Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the BCM 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 are defined as being New Year's Day, Independence Day, Labor Day,Thanksgiving Day,Christmas Day,Memorial Day,and Veteran's 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 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. on 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. on Park Maintenance Facility Phase 2 Page 34 of 53 CMAR PMD2018-11 January 2020 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-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the 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. 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 ADJUSTMENT OF QUANTITIES(NOT USED) 1-4 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 of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the 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 Owner's 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. 1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the 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 Own r, based on the BCM'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�he Certificate);and recommendations to the Owner that the Contractor be paid in the amount certified. In addition,the Architect's pproval 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 Director of the Department of Transportation and Public Work$. 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 the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in excess of$400,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any —• Park Maintenance Facility Phase 2 Page 35 of 53 CMAR PMD2018-11 January 2020 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. 1-6 PAYMENTS WITHHELD: The BCM 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; 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. 1-7 NOT USED 1-8 LIQUIDATED DAMAGES: 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 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,000to $500,000 $210 _ $500,001 to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 Over$10,000,000 $980 1-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM 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 of the amount owing has been received. I-10 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 Construction Manager shall inspect the project with the Contractor and 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 Final 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 60 calendar days. When the Certificate of Occupancy has been issued,the retainage will 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 complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: Park Maintenance Facility Phase 2 Page 36 of 53 CMAR PMD2018-11 January 2020 rt 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 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. ,r 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 lied 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 Council of the City of Fort Worth will make final acceptance and no other form of — acceptance will be binding upon the Owner.Final payment and release of the retainage amount will become due within fifteen days following acceptance. 1-11 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 — 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; (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 dama9e 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. Park Maintenance Facility Phase 2 Page 37 of 53 CMAR PMD2018-11 January 2020 The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors.Contractor shall provide ten 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. 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 of contract by the Contractor which entities the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the 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 Park Maintenance Facility Phase 2 Page 38 of 53 CMAR PMD2018-11 January 2020 a) The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the 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. 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 'R 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 Texa$ 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, pricer to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends curing 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 Park Maintenance Facility Phase 2 Page 39 of 53 CMAR PMD2018-11 January 2020 ' the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on"any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the 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 Transportation and Public Works Department,City of Fort Worth as a"Certificate bolder",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. Park Maintenance Facility Phase 2 Page 40 of 53 CMAR PMD2018-11 January 2020 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. 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,Department of Transportation and Public Works. A change order must be written and duly negotiated — and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change 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$25,000. 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 Li5n. 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 Park Maintenance Facility Phase 2 Page 41 of 53 CMAR PMD2018-11 January 2020 " 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. 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 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. 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- 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,of 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 Park Maintenance Facility Phase 2 Page 42 of 53 CMAR PMD2018-11 January 2020 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 owned by the Contractor and may finish the work by whatever method hq 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 allocatable 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 wjthin 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(Sortion 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. SECTION P 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. 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 -r 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 deck, four chairs, plan rack and a four drawer filing cabinet(with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds other temporary buildings or Vailers 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 TELEPHONE: The Contractor shall provide and pay for telephone installatioQn and service to the field offices described above. Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for Park Maintenance Facility Phase 2 Page 43 of 53 CMAR PMD2018-11 January 2020 an automatic telephone-answering device at the site office for the duration of the project. Contractor will install separate fax lines and instruments for the City and the Contractor. 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 R 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. Park Maintenance Facility Phase 2 Page 44 of 53 CMAR PMD2018-11 January 2020 w a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment Standard Form 38). b. Wage Rate Information Poster(Form SOL 155), with the Contract Sctledule 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»»» XXXX X X X X X X X *� t+ Park Malntenan FnFacility Pha%e 2 Page 45 of 53 CMAR PMD2018-11 January 2020 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»»» SECTION R MISCELLANIOUS R-1 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. R-2 No Boycott of Israel: If Contractor has fewer than 10 employees or the Agreement is for less than$100,000,this section does not apply.Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code,City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from w 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 Agreement,Contractor certifies that Contractor's signature provides written verification to City that Contractor:(1)does not boycott Israel; and(2)will not boycott Israel during the term of the Agreement. Park Maintenance Facility Phase 2 Page 45 of 53 CMAR PMD2018-11 January 2020 CITY OF FORT WORTH, TEXAS CMAR CONSTRUCTION CONTRACT(LUMP SUM) THE STATE OF TEXAS § — § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § _ This agreement made and entered into this the 14th day of January A.D., 2020, 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 HM & MF, Ltd., d/b/a MUCKLEROY & FALLS of the City of Fort Worth, County of Tarrant, State of Texas, hereinafter called CONTRACTOR. CONTRACT DOCUMENTS: This Contract, General Conditions, Instructions to Offerors, Como Community Center Project Proposal Form and Plans and Specifications to be added by the Architect at a later date are attached hereto and incorporated herein, are made a part of this Contract for all purposes. In the event of any conflict between the terms and conditions of General Conditions, Instructions to Offerors, Como Community Center Project Proposal Form and Plans and Specifications and the terms and conditions set forth in the body of this Contract, the terms and conditions of this Contract shall control. 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 Park Maintenance Facility Phase 2 5189 James Ave Fort Worth, Texas PMD2018-11 City Project#101010 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 estimated construction budget amounts shall be a total of not-to-exceed $9,099,973.00. These amounts include the City's General Contingency Allowance (7.5%)for use by the OWNER only and any Allowance remaining at the end of construction will be retained by the OWNER. Park Maintenance Facility Phase 2 Page 16 of 54 CMAR PMD2018-11 January 2020 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, 1000 Throckmorton 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. 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. Park Maintenance Facility Phase 2 Page 18 of 53 CMAR PMD2018-11 January 2020 The performance periods in calendars for Phase I and calendar days for Phase II will be determined when the Guaranteed Maximum Price is agreed upon for each phase. Insurance Requirements: All insurance and bonds will be required once the Guaranteed Maximum Price is agreed upon. 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: i • Statutory limits. • Employer's liability: • $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 w, 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: Park Maintenance Facility Phase 2 Page 17 of 53 CMAR PMD2018-11 January 2020 I. Contractor's liability shall not be limited to the specified amounts of insurance y 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. When the Guaranteed Maximum Prices (GMPs) for Phases I and 11 are agreed upon, 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 attributable to each phase. 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. 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 TM Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, 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. 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 sealattached. Done in Fort Worth, Texas, this the A441 day oft.� , 2(�t0. HM & MF, Ltd., d/b/a iviUCKL—ROY& FALLS APPR ED: CITY FORT WORTH HM&Chtqrw tg L�aC1CCER0� �V/i✓C,tJN .�tT Y �F�A�LS,a Texas L mitedp Construction bi*,,i,�ASSIStant City Manager Co.,a Texas Corp tiln and General Pa ner > , APPR A C MMEND RE O D A ! By: By: r. Mary J. rmyser 'h Ichafim Property Management Dept. City Secretary „,. ac-- APPROVED AS TO F AND LEGALITY: M&C C-Number H�ee�te Contract Authorization By: iaC15 a0t�-�5�Sg4 John B. Strong Assistant City Attorney Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. _ n Brian R. Glass,AIA Architectural Services Manager Park Maintenance Facility Phase 2 Page 19 of 53 "` CMAR PMD2018-11 January 2020 Bond# 2300718 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: - COUNTY OF TARRANT § That we, HM& MF.Ltd. Dha Muckleroy & Falls , known as "Principal"herein, and Westport Insurance Corporation , a corporate surety(sureties),duly authorized to do business in the State of Texas,known as"Surety"herein(whether f 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, Nine Million Ninety-Nine Thousand Nine Hundred Seventy-Three Dollars and na Cents ($9,099,973.00), 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 141 day of January , 2020, 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 CMAR for the Park Maintenance Facility Phase 2 located at 5189 James Ave, Fort Worth, Texas _ (PMD2018-11) City Project# 101010. 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. Park Maintenance Facility Phase 2 Page 46 of 53 l018=1 January 2020 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 29th day of January PRINCIPAL: HM&MF dba Muckleroy&Falls,LP ATTEST: BY: Signature (Principal)Secretary Name and Title i Address: 5801 Edwards Ranch Road,Suite 00 Fort Worth,TX 76109 so Wi as to Principal SURETY: - Westport Insurance Corporation ATTEST: BY: Signature = Debra Lee Moon,Attorney-in-Fact (SurSecretary Name and Title Address: _ 1200 Main St,#800 (1 Kansas City,MO 64105 Witness as to Surety Telephone Number: (913)676-5200 *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. Park Maintenance Facility Phase 2 Paae 47 of 53 CMAR PMD2018-11 January 2020 Bond# 2300718 PERFORMANCE BOND THE S PATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § _ That we, HM & ME Ltd. Dba Mucklerov & Falls , known as "Principal' herein and Westport Insurance Corporation , 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, Nine Million Ninety-Nine Thousand Nine Hundred Seventy-Three Dollars and no Cents ($9,099.973,00). lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 14th day of January ,2020, which Contract is hereby referred to and made apart hereof for all LL 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 CMAR for the Park Maintenance Facility Phase 2 located at 5189 James Ave,Fort Worth,Texas (PMD2018-11)City Project#101010, 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 n 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 Norther District of Texas, Fort Worth Division. Park Maintenance Facility Phase 2 Page dp af 51 PMD2018-11 January 2020 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 29thday of January ,2020. PRINCIPAL: HM&MY dba Muckleroy&Falls,LP BY- Signature ATTEST: (Principal) Secretary L Name and Title , Address: 5801 Edwards Ranch Road,Suite 100 Fort Worth TX 76109 AIM&MF Ltd-v�v�I idrai;;cE�R61`&1 ALL9,a-Texas Limited Partnership by Muckleroy$Falls Construction Co.,a Texas Corporation and General Partner Witness as to Principal SURETY: Westport Insurance Corporation BY: e Signature Debra Lee Moon,Attorney-in-Fact _ 4W Name and Title Address: MR 1200 Main St,#800 MR VPL� \ Kansas City,MO 64105 Witness as to Surety Telephone Number: (913)676-5200 *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. Park Maintenance Facility Phase 2 p 49 of 53 MD2018-11 January 2020 SWISS RE CORPORATE SOLUTIONS NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY 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 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: SAMMY JOE MULLIS,JR.,JOHN WILLIAM NEWBY,CHERI LYNN IRBY,MICHAEL L.TULLIS,SANDRA LEE RONEY,DEBRA LEE MOON,ANDREA ROSE CRAWFORD, MARY JO ZAKRZEWSKI,JAMES B.ROGERS,JR.,TROY RUSSELL KEY,LINDA MICHELLE STALDER,CHRISTOPHER CARL SUNDBERG and JOSHUA D.TRiTT JOINTLY OR SEVERALLY Its true and lawful Attomey(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: TWO HUNDRED MILLION($200,000,000.00)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 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." +! \�IAU7,y,, s�wtarwoaaWia G1A .Y j4(4i��z% ¢�PZQP.IoL9[!ys + • y.GQpPOfj,�A�G,9l Al, Bien r n Company SEAL Error o SEAL &Senior Vice President of North American Specialty Insurance Company ,a r• rn &Senior Vice President of Westport Insurance Corporation W z 1973�`e1 o ftAMPS By &fl!Iu1►NN"`\ ,�••. .•..* MichaelA.Ito,senior Viet P1 fo-fatmmatlenalinsuranceCompany t cast &Senior Vice President of North American Specialty Insurance Company &Senior Vice President of Westport Insurance Corporation a 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 3rd day of September ,20 19 . North American Specialty Insurance Company Washington International Insurance Company State of Illinois Westport Insurance Corporation County of Cook SS: On this 3rd day of September ,209,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 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 voluntary act and deed of their respective companies. OFFICIAL SEAL J M.KENNY Notary Puhlic-Statc rtl llh-i, My Commission ExP.r s �' ! tzow2ort M.Kenny,NOtery Pttb IC ?. „ k I, Jeffrey Goldberg the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Coaipahy,iidashiapton International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a truelaooE ect copy of a Power of Attorney given by said North American Specialty Insurance Company,Washington International Insurance Company awd Wvstpgrt Insurance. 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 29th day of January 20 20 -+ 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 TEXAS 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 You may contact the Texas Department of Insurance Puede escribir al Departmento de Seguros de Texas to obtain information on companies,coverages, para obtener informacion acerca de companias, rights or complaints at: coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 P.O. Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: httn://www.tdi-state-tx-us Web: htto_//www-tdi.sta_te.tY-us Email:ConsumerProtection@tdi.state.tx.us Email:ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: DISPUTES SOBRE PRIMAS 0 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 first contact the reclamo,debe comunicarse con el Washington Washington International Insurance Company and/or International Insurance Company and/or North North American Specialty Insurance Company and/or American Specialty Insurance Company and/or Westport Insurance Corporation. If the dispute is not Westport Insurance Corporation primero. Si no se resolved,you may contact the Texas Department of resuelve la disputa, puede entonces comunicarse Insurance. con el Departmento de Seguros de Texas. 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. CNA CNA PARAMOUNT Renewal Effective Date: 08/28/2019 Insured Name: HM & MF LTD. 5801 EDWARDS RANCH RD STE 100 FORT WORTH, TX 76109-4130 Policy Number: 6050184962 Policy Period: 08/28/2019-08/28/2020 Producer's Information: HUB INTERNATIONAL INSURANCE SERVICES Producer Code: 030380 421 W 3RD ST SUITE 800 FORT WORTH, TX 76102 (817)820-8100 CNA Branch Number: 040 CNA Branch Name and Address: '! DALLAS BRANCH 700 N. PEARL ST. , STE. 300 _ DALLAS, TX 75201 (214)220-1300 Thank you for choosing CNA! With your CNA Paramount package policy,you have insurance coverage tailored to meet the needs of your modern business.The international network of insurance professionals and the financial strength of CNA, rated"A"by A.M. Best, provide the resources to help you manage the daily risks of your organization so that you may focus on what's most s important to you. Claim Services—There When You Need Us Claims are reported through a single point of entry available 247,connecting you to the individuals and information to help you resume your business when you need it most. To report a claim, please call(877)CNA-ASAP,fax(800)953-7389,email lossreport@cnaasap.com,or visit www.cna.com/claim. Risk Control Services—Help Avoid A Claim Before It Occurs As a CNA policyholder,you have access to certified risk control professionals,risk mitigation programs and online resources to help identify and manage exposures that may disrupt your operation.We collaborate with business leaders to develop customized programs to assist you in safeguarding your assets and improving the bottom line. To learn how our award-winning Risk Control services can help your business,please call(866)262-0540,email us at riskcontrolwebinfo@cna.com or visit www.cna.com/fskcontrol. When it comes to providing the coverage,service and resources paramount to your business success... we can show you more. INSURED Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Policy Declarations Policy Number: 6050184962 Renewal of: 6050184962 Policy Name: The Continental Insurance Co. Issued by: Address: 151 N Franklin CHICAGO, IL 60606 Producer Code: 030380 Name: HUB INTERNATIONAL INSURANCE SERVICES Producer's Address: 421 W 3RD ST SUITE 800 Information: FORT WORTH, TX 76102 1. Named Insured Name: HM & MF LTD. and mailing address: Address: 5801 EDWARDS RANCH RD STE 100 FORT WORTH, TX 76109-4130 2. Coverage The coverage parts attached to and Parts: forming part of this Policy Business Property General Liability Employee Benefits Liability 3. Policy Period: Effective date from: to At 12:01 A.M.Standard Time at your 08/28/2019 08/28/2020 mailing address shown above 4. Limits of Insurance and Deductibles: See Coverage Part Declarations 5. Premium, Surcharges, See Coverage Part Declarations for Coverage Part Taxes and Premium,surcharges,taxes and fees Fees at Total Premium and applicable taxes,surcharges and fees Issuance" CNA62639XX 09-12 Page 1 of 2 Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Changes - Notice of Cancellation or Material Restriction Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYEE BENEFITS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART STOP GAP LIABILITY COVERAGE PART TECHNOLOGY ERRORS AND OMISSIONS LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY—NEW YORK DEPARTMENT OF TRANSPORTATION SCHEDULE Number of days notice(other than for nonpayment of premium): 030 Number of days notice for nonpayment of premium: N/A Name of person or organization to whom notice will be sent: PER SCHEDULE ON FILE CANCELLATION NOTICE WILL NOT BE SENT WHEN THE REASON IS FOR NONPAYMENT OF PREMIUM Address: PER SCHEDULE ON FILE FORT WORTH TX 76109 If no entry appears above,the number of days notice for nonpayment of premium will be 10 days. It is understood and agreed that in the event of cancellation or any material restrictions in coverage during the policy period, the Insurer also agrees to mail prior written notice of cancellation or material restriction to the person or 0 organization listed in the above Schedule. Such notice will be sent prior to such cancellation in the manner prescribed in the above Schedule. 0 0 0 All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA74702XX(1-15) Policy No: 6050184962 Page 1 of 1 Endorsement No: 23 The Continental Insurance Co. Effective Date: 08/28/2019 Insured Name:HM & MF LTD. Copyright CNA All Rights Reserved. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising Injury caused in whole or in part by your acts or omissions,or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract;or B. in the performance of your work subject to such written contract,but only with respect to bodily injury or property damage included in the products-completed operations hazard,and only if: 1. the written contract requires you to provide the additional insured such coverage;and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition,or 10-01 edition of CG2010,or under the 10- 01 edition of CG2037;or B. additional insured coverage with"arising out of language;or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part,but only with respect to liability for bodily injury,property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance,the Insurer will not provide such additional insured with: 0 A. coverage broader than required by the written contract;or 0 B. a higher limit of insurance than required by the written contract. IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A. the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1. the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions, reports,surveys, field orders,change orders or drawings and specifications;and 2. supervisory,inspection, architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS,the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 6050184962 - Page 1 of 2 Endorsement No: 4 The Continental Insurance Co. Effective Date: 08/28/2019 Insured Name:HM & MF LTD. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured;or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above,this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; - 2. send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation, defense,or settlement of the claim;and 3. make available any other insurance,and tender the defense and indemnity of any claim to any other insurer or self-insurer,whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory,this paragraph 3.does not apply to insurance on which the additional insured is a named insured. - The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 6050184962 ,., Page 2 of 2 Endorsement No: 4 The Continental Insurance Co. Effective Date: 08/28/2019 Insured Name:Imo[ & MF LTD. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA romp Insured Name Producer Information HM & MF LTD. HUB INTERNATIONAL INSURANCE SERVICES 5801 EDWARDS RANCH RD STE 100 421 W 3RD ST SUITE 800 FORT WORTH, TX 76109-4130 FORT WORTH, TX 76102-3758 Policy Number Producer Processing Code BUA 6050184959 040-030380 Policy Period CNA Branch 08/28/2019 to 08/28/2020 DALLAS Plaza of the Americas, 700 North Pearl Street Suite 300 Renewal Dallas, TX 75201 Thank you for choosing CNA! With your Business Auto Policy, you have insurance coverage tailored to meet the needs of your business. ,i The international network of insurance professionals and the financial strength of CNA, rated "A" by A.M. Best, provide the resources to help you manage the daily risks of your organization so that you may focus on what's most important to you. Claim Services To report a loss go to www.cna.com/claim or send an email to lossreport@cnaasap.com, or call 877-CNA-ASAP (877-262-2727) To find a network provider, go to www.cna.com/claim To request loss runs send an email to fsrmail@cnacentral.com For additional questions call CNA Customer Service at (877)-574-0540, or contact your independent CNA Insurance Agent. Risk Control Services To learn more about our award winning Risk Control Services and how to improve your bottom line, please email us at riskcontrolwebinfo@cna.com, call (866) 262-0540 or visit www.cna.com/riskcontrol. i Commercial Automobile Identification Cards Evidence of automobile insurance is required and must be produced upon request by law enforcement. " Enclosed you will find your Automobile Insurance Identification Cards for each insured auto. The applicable Card must be carried in the insured auto at all times. If you are not the person directly responsible for having these Automobile Identification Cards displayed in each vehicle, please direct these cards to the appropriate person within your organization. The information displayed on the individual card(s) and the quantity supplied is based on the vehicle information provided by your independent CNA Insurance Agent. ®Copyright CNA All Rights Reserved. CAA Business Auto Policy Policy Endorsement THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section 11, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II — WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force; or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section 11, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No:CNA63359XX(04-20121 Policy No:BUA 6050184959 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:08/28/2019 Endorsement No: 11;Page: 1 of 4 Policy Page: 59 of 84 Underwriting Company:The Continental Insurance Company, 151 N Franklin St,Chicago,IL 60606 ®Copyright CNA All Rights Reserved.Includes copyrighted material of the i Insurance Services Office,Inc.,used with its permission. CNABusiness Auto Policy C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Failing Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section 111, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No:CNA63359XX(04-2012) Policy No:BUA 6050184959 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:08l28l2019 Endorsement No: 11;Page:2 of 4 Policy Page:60 of 84 Underwriting Company:The Continental Insurance Company, 151 N Franklin St,Chicago,IL 60606 m Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office,Inc.,used with its permission. CAA Business Auto Policy Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs;faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). Ill. Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: * 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No:CNA63359XX(04-2012) Policy No:BUA 6050184959 i Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:08/28/2019 Endorsement No: 11;Page:3 of 4 Policy Page: 61 of 84 Underwriting Company: The Continental Insurance Company, 151 N Franklin St,Chicago,IL 60606 i ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office,Inc.,used with its permission. w CNA Business Auto Policy Policy Endorsement (4) Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit. This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer Of Rights Of Recovery Against Others To Us The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud `+ The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: t Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No:CNA63359XX(04-2012) Policy No:BUA 6050184959 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:08/28/2019 Endorsement No: 11;Page:4 of 4 Policy Page: 62 of 84 Underwriting Company:The Continental Insurance Company, 151 N Franklin St,Chicago,IL 60606 ®Copyright CNA All Rights Reserved. Includes copyrighted material of the Insurance Services Office,Inc.,used with its permission. 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, CMAR *� for the Park Maintenance Facility Phase 2 located at 5189 James Ave, Fort Worth, Texas (PMD2018-11) City Proiect# 101010. 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: By: �i4'�L Oil /`�"/► Company (Please Print) 7&1 OWe"3 /QA-rte,# /42- ,�,,1Z7X-�&4Signature: Address HM$MF,Ltd.,d/b/a MUCKLEROY$FALLS,a Texas Limited Partnership by Muckleroy$Falls Construction Title: VPCo.,a Texas Corporation and Ga rar Partner City/State/Zip (Please Print) w THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME,the and signed authority, on this day personally appeared r I - /L — known to me to bet person whose name is subscribed to the f�or�,going4014 ment, and acknowledged to me that V r! he/she executed the same as the act and deed of l ec for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thisA day of`w , 2020. f� Notary Public in and for the State of Texas Y"'' BETH AWN PU6'i Notary Public, State of Texas Comm. Expires 05-28-2022 Park Maintenance Facility Phase 2 ''�,,,,,,,��` Notary e 5 f 53 CMAR PMD2018-11 i 4'-0" 01 2'-0" 2'-0" 01 CENTERLINE OF S' ' SIGN, LOGO & TEXT INFORMATION .r -� (ART WORTH, Project Title 0 Architect: Architect's Name Contractor: Contractor's Name }' 1 FUNDED BY (List Bond Fund,etc.) SCHEDULED COMPLETION DATE YEAR SIGN COLOR & FONT: BACKGROUND - WHITE BORDER - 5/16"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 —air,iviaim manuc raamiy rnaac c Page 52 of 53 CMAR PMD2018-11 January 2020 u MUCKLEROY& FALLS Project Name: COFW Park and Recreation Phase 2 Contract/Estimate Clarifications: Date: 11/12/2019 This Agreement is based on the Construction Documents Issued by Quorum Architects dated September 6, 2019. In addition to the items below, our Proposal includes our interpretation of the above mentioned documents. The following Clarifications which are offered in support of, or indicate exceptions to the following documents. In the event of any contradictions between the contract documents and clarifications contained herein, the clarifications shall govern. Division 1: General Notes Division 2: Site Construction 1. Repair of existing damage to surrounding concrete paving, hardscape and landscape as well as additional minor anticipated damage caused by construction deliveries is excluded. 2. Contractor shall be indemnified from claims resulting from the pre-existence of any hazardous materials. Contractor shall not be required to perform any abatement or remediation work. 3. Building pad prep is included per the geotechnical report by CMJ Engineering, Inc. dated November 14th, 2017, report No. 2569-17-01. 4. Proposal excludes any hazardous material abatement and removal. 5. Proposal does not include tap, impact, or meter fees due to required CFA for Contractor to make utility taps in the City of Fort Worth. It assumes the City of Fort Worth to make taps and bring utilities to property line. Contractor to include utility scope starting at property line only in Fort Worth. 6. Proposal includes an Irrigation system. 7. Proposal includes Tree Protection. 8. Proposal includes the removal of the basement walls and filling them back in. 9. Proposal includes the removal of the Oncor power poles, lines, guy anchors, lights, and KVA transformer, but it does not include the removal of AT&T or Charter lines. 10. Proposal includes a temporary fence. 11. Proposal includes utilizing existing flex base onsite as backfill material for basements. 12. Proposal includes lime stabilizing pavement. 13. Landscape proposal includes sandy loam under sod at a 2" depth. 14. Proposal includes irrigation installation covered by a one-year parts and labor warranty. 15. Proposal includes adding 693 linear feet of 6' tall Cedar fencing to be replaced at Phase 2 grades. Division 3: Concrete 1. Concrete slabs will be utilized during the project for construction of subsequent activities and it is understood that normal deterioration should be anticipated. No costs have been included to install protection and/or repair with the exception of minor surface patching and topping materials as specified. �J MUCKLEROY& FALLS Project Name: COFW Park and Recreation Phase 2 Contract/Estimate Clarifications: Date: 11/12/2019 2. Proposal includes Buildings 5 and 7 to have a slab on carton form with grade beams and piers and Buildings 6 and 8 to have standard paving as the slab with piers and pier caps. 3. Proposal does not include casing of piers. If piers are required to be cased, M&F will evaluate additional cost and schedule implications. 4. Proposal includes dowel baskets estimated at every expansion and saw joint. 5. The following unit rates apply to per linear foot of additional 18" drilled piers: a. Add = $35/LNFT b. Deduct=$5/LNFT c. Casing Add = $45/LNFT Division 4: Masonry 1. Proposal includes split face block with a special cut CMU cap/sill on buildings 5 and 7. 2. Proposal does not include masonry for buildings 6 & 8. Division 5: Metals 1. Proposal includes Lintels and angles at each of the Overhead doors based on what is shown in the Phase 1 drawings. 2. Proposal does not include AISC certified fabricator or erector. Division 6: Wood & Plastics 1. Proposal includes Millwork in Building 5 only and includes Rough Carpentry in Buildings 5 & 7 only. 2. Proposal does not include Millwork or Rough Carpentry anywhere else. 3. Proposal assumes the cabinets are PLAM and the countertops are solid surface. 4. Proposal does not include wood base, moldings, or trim at the Interior. 5. Proposal includes Solid Surface Window Sills. 6. Proposal does not include crown molding or wood trim at the Doors. Division 7: Thermal and Moisture Protection 1. Proposal excludes ABAA certified installers and quality assurance program. 2. Proposal excludes roof walk pads as not depicted in the contract documents. 3. Proposal includes Masonry Sealer at the Split Face Block on Buildings 5 & 7 only. 4. Proposal includes below grade Vapor Barrier and Waterproofing at Buildings 5 & 7 only. 5. Proposal includes Fluid Applied Air Barrier and Spray Foam Insulation at Buildings 5 & 7 only. 6. Proposal includes R30 minimum insulation that is Mechanically Fastened at Buildings 5 & 7 only. 7. Proposal includes splash blocks for buildings 6 and 8 but does not include splash blocks for buildings 5 and 7 since they were not shown on the plans. u MUCKLEROY& FALLS Project Name: COFW Park and Recreation Phase 2 Contract/Estimate Clarifications: Date: 11/12/2019 Division 8: Glass & Doors 1. Proposal does not include any specialty or electrical hardware. 2. Proposal assumes all interior doors are 7' in height only. 3. Proposal includes all storefront material to be clear anodized aluminum. 4. Proposal assumes permanent door hardware cores and keying are to be provided by Owner. 5. Proposal assumes Hollow Metal frames for all Doors except where Aluminum is indicated. 6. Proposal assumes Hollow Metal Doors w/Glass for all Offices and Conference Rooms and where indicated on the exterior elevations and includes Hollow Metal doors for the remaining openings. 7. Proposal includes Insulated Coiling Manual doors based on what was specified in Phase 1. Division 9: Finishes 1. Proposal includes Ceramic Tile in restroom floors using an allowance of$11/SF. 2. Proposal does not include building stock materials for unfinished lease areas. 3. Proposal does not include any walk off or entrance floor mat. 4. It is unknown if moisture mitigation for flooring adhesives will be required until field test are taken once ready for floor installation. If field conditions don't meet test requirements, M&F will evaluate mitigation options at an additional cost to the owner. 5. Proposal assumes 2" Rigid Insulation in buildings 5 & 7. 6. Proposal assumes Sealed Concrete everywhere in Buildings 5 & 7 except for the Restrooms. 7. Proposal does not include flooring for Buildings 6 & 8. 8. Proposal assumes Dryfall Paint at Exposed Structure for Buildings 5 & 7. 9. Proposal assumes all doors, frames, and overhead doors are to be painted. Division 10: Specialties 1. Proposal assumes that all exterior and interior signage is to be furnished and installed by Owner. 2. Proposal excludes directories, marker boards and bulletin boards. 3. Proposal includes corner guards in buildings 5 & 7. 4. Proposal assumes the Lockers are Metal Double Tier. 5. Proposal assumes the Partitions are HDPE and floor mounted. Division 11: Equipment 1. Proposal includes an allowance for the appliances shown. Division 12: Furnishings u MUCKLEROY& FALLS Project Name: COFW Park and Recreation Phase 2 Contract/Estimate Clarifications: Date: 11/12/2019 1. Proposal includes window treatments to be metal blinds. Division 13: Special Construction 1. Proposal includes Pre-Engineered Metal Structures for all four buildings. Division 14: Conveying Systems 1. Proposal does not include Elevators or Conveying Systems. Division 15: Mechanical 1. Proposal includes backflow preventor for site utilities, . 2. Proposal does not include a fire pump. 3. Proposal does not include a fire suppression system. 4. Proposal includes HVAC Contractor's standard in house balancing, no certified third party test or balance is included. 5. Proposal does not include building or energy management system. 6. Proposal does not include any taps, meters, or fees. 7. Proposal includes the following mechanical units and fixtures: a. Trane Split System b. Trane Mini Split System c. Penn Berry Exhaust Fans d. Sterling Gas Unit Heaters e. Nailor Gravity Ventilators f. Nailor Grilles, Registers, & Diffusers g. Nailor Louvers h. Nailor Fire Dampers i. Penn Berry Exhaust Fans j. Sterling Gas Unit Heaters Division 16: Electrical 1. Proposal does not include provisions for burying of overhead electrical lines. 2. Proposal does not include telecommunications or security systems. 3. Proposal includes Fire Alarm system to meet city code minimum only. 4. Proposal does not include any high voltage gear or wiring systems above 600 volts. 5. Proposal does not include any charges associated with the Utility Company. 6. Proposal does not include a lightning protection system. 7. Proposal does not include any low voltage, phone, audio, video or security cabling, equipment or devices. u MUCKLEROY& FALLS Project Name: COFW Park and Recreation Phase 2 Contract/Estimate Clarifications: Date: 11/12/2019 8. Proposal includes Pole Lights based on the individual Site Lighting drawings received with highlights. End of Proposal Set 11/12/2019 Estimate Clarifications