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Home My WebLink AboutContract 54649FoRTWonn PROJECT MANUAL FOR CITY SErRF7ARY 2020 ON -CALL SIGNS CONTRACT Betsy Price Mayor David Cooke City Manager William M Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2020 (0,FFUCQAR. RECOkD 0TY SECRETARY 00 00 10- 1 TABLE OF CONTENTS Page I of 4 1 SECTION 00 0010 2 TABLE OF CONTENTS 3 4 Division 00 - General Conditions 5 00 05 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 ' 15 0045 12 Preq alifieatie gtatem + 16 00 413 Bidder Prequal;ficat o A, -,iicatio 17 00 45 26 Contractor Compliance with Workers' Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 52 43 Agreement 20 0061 13 Performance 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 00 61 25 Bond Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 27 28 Division 01- General Requirements 29 01 11 00 Summary of Work 30 01 25 00 Substitution Procedures 31 01 31 19 Preconstruction Meeting 32 01 31 20 Project Meetings 33 01 3216 Construction Progress Schedule 34 01 32 33 Preconstruction Video 35 01 3300 Submittals 36 01 35 13 Special Project Procedures 37 01 45 23 Testing and Inspection Services 38 01 5000 Temporary Facilities and Controls 39 01 5526 Street Use Permit and Modifications to Traffic Control 40 01 57 13 Storm Water Pollution Prevention Plan 41 01 58 13 Temporary Project Signage 42 01 6000 Product Requirements 43 01 6600 Product Storage and Handling Requirements 44 01 70 00 Mobilization and Remobilization 45 01 7123 Construction Staking 46 47 01 7423 Cleaning 48 01 7719 Closeout Requirements 49 01 78 23 Operation and Maintenance Data CITY OF FORT WORTH 2020 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 20I4 00 00 10- 2 TABLE OF CONTENTS Page 2 of 4 1 01 78 39 Project Record Documents 2 3 4 5 Technical Specifications which have been modified by the Engineer specifically for this 6 Project; the following hard copies are located at 7 https://apps.fortwot-tlitexas.gov/ProjectResources/ 8 9 Division 02 - 10 Existing Conditions 11 0241 13 Selective Site Demolition 12 0241 14 Utility n er,,,,ya r n band ,,,,- e t 13 0241 15 Paving Removal I4 15 Division 03 -- Concrete 16 033000 Cast m-Pla«C-enefete 17 03 34 13 Controlled Low StFength Material (CLSM) 18 19 03 8000 Aii, di fio tions t Existing G,.r ffete St. aet.fes 20 21 Division 26 - Electrical 22 24 26 05 33 kaoeway and Boxes fef Eleetr4e 14 Systems 25 26 27 Division 31- Earthwork 28 31 1000 Site CIO .. 29 3123 16 rr 1 ss fier Exke t„ati.a 30 31 23 23 Beff-ew 31 3124 00 E.,,ba_n, ruse fs 32 312500 &esien aftd SedifiietA Control 33 313600 Ga-lirens. 34 313700 _ Riprap 35 36 Division 32 - Exterior Improvements 37 3201 17 n,,,..,.,,,,,e t Asphalt Paving A pai 38 39 320129 Gon ---- et _p .T ��er ��aving RGp 41 32-11 29 Lime Treated Base G..,,. 43 321216 Asphaltn vi _ 45 32 13 13 Concretes 46 321320 Genefete SidewWks, 47 3213 73 Cenefete-Pa-ving jeint gealafns 48 49 321613 Gonerete Curb and Cmtter-s and Va4ley QtAl � 50 32 1723 Pavement Markings CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 0000 10-3 TABLE OF CONTENTS Page 3 of 4 1 32 1723.13 Painted Pavement Markings 2 32 17 23.23 Raised Pavement Markings 3 32 17 23.33 Plastic Pavement Markings 5 323126 ---- Wlre iFences Gates 6 32 31 29 zx�r,;ed Fe . ees .,.,,a Gate 7 32 32-W Cast in Pjaee GenefetezR-e4 Wills 8 3291 19 Topsoil Placement and Finishing ing of Parkways 9 329213 a dr- Mulehin& Seedin& and Sodding 10 3293 43 'frees and Shrubs 11 12 Division 33 - Utilities 13 33 0130 Sewer and Munhole Testing i 33 E 15 33 03 10 ■ypaSS ■ 16 33 04 10 joint BondingElectrical 17 --- 1;-; 9- M--Q V-4 —9, V —,Q 9 A? A - --9 —; Q—R 9 �-. U 9 A A-9 O.M. d �. 18 33 04 12 Magaesi'ccm Anode Cathodic Vi:oteetien-S stem 19 20 33 04 40 Gleaning and Aeoeptanee Testing of Water- Ma 21 33 05 10 Utility Trench Excavation, Embedment, and Back�;11 22 33-05 12 aar tef Line be�ver g 23 33 05 13 Frame, Gover and Grade Rings 24 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, 25 33-0- 116 Geiie-rete WateF Vaults 26 33 05 17 &)f)et 27 33-05 20 A, geF u,,,-;rg 28 130521 Liner Plate 29 330522 Steal Casing Pipe 30 33 0523 Hand T-unnelin 31 33-05-24 hgst. llat;, ,, fCaf 4er- Pipe i Casing or- Tunnel Liner- r- n1 + 32 33 05 26 Utility Markers/Locators 33 33 0530 Exploratory Excavation for Existing Utilities 34 3311 10 puetile L-Ofi-Pipe 35 33 11 11 Ductile Iron Fittings 36 33 11 12 Polyviayl G leri e (PVC) Pfess ro Pipe 37 33 11 13 Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type 38 33 11 14 43u fled Steel Pip and Fittings 39 3312 1-0 Water SeFyioes 1 ineh to 2 ine 1 40 33 1211 - -ba g Water _lzra@ters 41 331220 Resilient Seated Gate Valve 42 33 1221 -- ASa M A D„bberr.. Bated B Re fly_sv Valves �s 43 33 1-�5 Gennee-tion to Existing Water Mains 44 33 1230 Combination Air ),Wye Assemblies for Potable Water- Syste 45 33 1240 Dfy TZ.fFel Fire Hydrants 46 33-12 50 Vhter Sample Stations 47 33 1260 mow off Valves 48 33 31 1z2GuFed in Plaee Pipe (G1PP) 49 33 31 13- ib 50 33 31 1 14DPB Pipe For Sanitary Sewers (Gffyity and 1~ r-ee mains) CITY OF FORT WORTH 2020 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCI NIENTS Revised April 2, 2014 00 0010- 4 TABLE OF CONTENTS Page 4 of 4 a lP.f . 3940 ecessa 60 Epe)�y bifiefs for Sanitary Sewer Structures I - 41 11 _ ■ _ Stonn Sewer- Pipe / 33 I ■ 4602 Trench Drains / Manholes in Plaee 4920 QiFb and ■ 4940 Stefm ■ fainage Headwalls and AVingwalls 20 21 Division 34 - Transportation 22 34 41 10 rfa ffi . S,gaa4s 23 34 41 13 Removing Traffie Signals 24 34-41 20 Roadway 141u Tina4ian As.ieff ;S 25 34 41 30 Aluminum Signs 26 3471 13 Traffic Control 27 28 Appendix 29 GG 4.01 Availability 30 31 GG 4.04 thidefgmund Faoil ie 32 33 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 34 GC-6.07 Wage Rates 3S ! Ctin9 A d Permits andUtilities � 36 GC-6.24 Nondiscrimination 37 F-01 Davis Bacon Act 38 F-02 Fair Labor Standards Act 39 F-03 Copeland Act 40 F-04 Contract Work Hours Safety (CWHSSA) 41 END OF SECTION CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 20I4 M&C Review Page 1 of 2 CITY COUNCIL AGENDA ! > t7:� � �:�lr fi if ��ryZi� ;7 � � � 17 � ► L� J � [•� ►�i E:��r3r��:� �•Zrl i /_l I �i l CODE: G TYPE: CONSENT PUBLIC HEARING: Official sike of the Ciky of Fort Worth, Texas FORT WQRTI1 "14� 20ON-CALL SIGNS CONTRACT W-1 SUBJECT: Authorize Execution of a Unit Price Contract with Bean Electrical, inc. in an Amount Not to Exceed $500,000.00 for Task Order Construction Services for the installation of Projects Relating to Sign Installations, Modifications, and Removals (ALL COUNCIL DISTRICTS) RECOMMENDATION: it is recommended that the City Council authorize the execution of a unit price contract with Bean Electrical, Inc. in an amount not to exceed $500,000.00 for task order construction services relating to sign installations, modifications, and removals with up to two renewals. DISCUSSION: This contract will provide for construction services on an as -needed (task order) basis for the construction of projects related to sign installations, modifications, and removals within the City limits of Fort Worth. The contract amount is capped at $500,000.00. The initial contract term is one year and may be renewed up to two (2) additional terms upon the expiration of contract time or funds under the same terms, conditions, and unit prices. The project was procured in a low bid format to determine unit prices to be paid when task orders are issued. Notice of bids was published in the Fort Worth Star -Telegram on April 23, 2020 and April 30, 2020. On June 4, 2020, one company submitted the following bid: CONTRACTOR BID Bean Electrical, Inc. $645,265.50 Task orders will be paid at the established unit prices. Projects identified initially include Citywide Vision Zero related signage, school zone sign maintenance and upgrades. Bean Electrical is in compliance with the City's BIDE Ordinance by committing to 51% MBE participation on this project. The City's MBE goal on this project is 51%. FISCAL INFORMATiONICERTiFICATION: The Director of Finance certifies that funds are available in the current capital and operating budgets, as previously appropriated, in the various capital and operating funds to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) http://apps.cfwnet.org/council_packet/mc review.asp?ID-=28097&councildate=8/11/2020 8/14/2020 M&C Review Page 2 of 2 iD Program Year I (Chartfield Submitted for City Manauer's_Ofiice hy`. Dana Burghdoff (8018) Orlainatina Department Head: William Johnson (7801) Additional information Contact. Tanya Brooks (7861) ATTACHMENTS ou http://apps.cfwnet.org/council_packetlmc review.asp?ID=28097&c,ouncildate=8/11/2020 8/14/2020 00 05 15 _ 1 ADDENDA. Page 1 of I I SECTION 00 05 15 2 ADDENDA 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 END OF SECTION CITY OF FORT WORTH 2020 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 tap 05 is - I ADDENDA Pogo 1 J2. 2 ADDENDUM. No.. I 21Q0 0recall Pik vemeni MorFcings Con fracI. City Prgjtot 102455 6 7 AddrntlainNo.lissueDatc- May 21,2020 8 Bid Receipt 1Datt, May 28, 2026 9 10 This addnndurn Ibmis part orthe Cautcktet Doc ,menu rcferemoud above add M ifies IJie nrigInn I {Aontmul C I Domirnenh. Aticl•lowledge; rlic: reovipt of tint;. Addi:rxiutn by signing lu. the spaca below and attiuzllhig i1: to 12 ffit Carrtracj Dnc;Iarn6nt& (imidc). N air- reo.g�iiat of [his AddtindLmj hi tliv Bid Proposal and on ilie,rnx#er 13 envolupFl al`your bid- [4 J 5 Flease ante. sl.qu, thaL tltc:Iink for tire: 2010 On -cull Pnvcaimt Markhrg Colitl aut is lovated at: Pnvv merrt 115 Markings 17 httns:ltdocs.b360,ai1toda5k.rom/shares12r-F2eeae-cg76-492d-bi93-qaoeda9g1Fb4 19 9020 Can -Call Signs 20 htip s.lidocs,b300,avtodesk:coTA�areslea4844.3e-0e88-4!r64-B4c-a23062 Lp1,32c 22 2020 On -ball hlaighbofhood Services 23 littR5.,Itdocs.b360.autQdesk.comfsharesi-2c7'TfFg6-97cbA I03-a5g8-fG4 I'a715a03 24 - — 2S 26 l . 511FF6HIM TN' 11f f I`e-ElIti MVTI111g 91111 C0111l'arilll' QIIt V110tI5. 27 28 LOOM A 1is1 of Idle ir1vJt+ecs 29 HVU dfftlL:1ked a11tiikg witI1 tilt: pf€wnlatlilri. The t ity des rn$Ld Ilie sivarn 1111iimil at'i11L P. rgjek't and gLwsdL?11% 30 wiCre fil0Idetl a1n11V- with v-mailer] gkieslio112;. A pam, plmvisvd 7iurnniai-y ckf'ck�slioiis Is prm-li.Lml bin low 31 32 lursilsrll: Is Ihevc Hu M11E (.oa1 on #his FlvoiLft? Thi, secIiau was Ieft WanIt I 33 Sref on 00 45 40. 34 35 Answur- Tbc MBE yuaI Ibr [his prs jrtl is '! , J'leas�- ret�repicq� Speelftatioii Seeiicl11 01 35 70 00- 37 Is QwI sflopl: 15; 111e t+'ark{ nr(ter FLIDJJIIiZilIJL.ul Ituni paid karli [bike we iI>ii hlI1rx rIr is tit Is 39 Ikem 11utd a 111nip itLLm airnnuiiI ani #hei0 4fl 41 A iv;% cr: Mi1kiLild[iDii It paid -lxisc'd on %v rk- u r& r vn111u with cacti 4vark orkicc- Rringes 42 vury ri-aLn 10-S-5,000, $25,000-ail1.do0;'51).001l - S 1'4lk,01A. S 15i1,(ktkt) - 43 `,1011,[l00 P1Iid S3[1t],tliO - S:'SUt1,(k O, IIIease Ie#ie1-v11{e revisecd Tlru t.Kak ] {ern] 00 44 42 43, A15 46 lied ILHI: Vk hal I.1riiid111g r�.quir'mvots ive NOhtd for dil:i Isid pri:F s tl'k 47 U At1swri : rite copitpicior-anisr prt>vicle n hid Wid ai tlkk! turn cd' Laid, The bid bond is 49 vallleel al 554, nt' lkle hid. TkcwnpandelLA-11.111:3121d to be t11r lot' biddea• is 5{ resume to s�v.ki m IIre iippropviaiv buridiing whic:li [ypieL1IIv il kv I t1d 0L a payllICLnt 51 kirld. LrerfOnliFlnce bC5rlC1 nud .1 iti�itIli:ILLHIU b0fi f 8S 1101' rile L'£tJ11J'ml. F,leosr 52 rc(k=ronve 11Pmili&Qtirm SOL;lialis 00 4.; 13 Aid Li; likd-,, 00 6I 1 ] Pt' rIiNlur:lnce 53 Ri}I1i1; 00 6-1 14 P::YI111!111 BL11ICI; 00 (1 119 MaIII[Ur LIUice Bmd. CITY OF FORT WORTF[ 7..020 Ob-CnIJ Trtdr1C I agtimeHI Sdw01 l;nd Neig€i> WhMd Silft+1y CaRTnIrt STA.'VDAd+ D 47VNSTRT.CF10N 5!'Et'IMATION M1CU MENTS Revila July 1. 2.111 I mhh- A!V r,r, & Page 7e2 ] 2 \ M od m m tick 111 &pCefr Mlol r ] 41 N-i flft 4»43 { r)p J rY r r itw: 9 1-56Wfm-£I4 f-0 . l m 4 ±R Z hhu Ip2 U in -S25, GUU; %Dx)-S21 o.U� >5G )� % j S 2 % { @ A%%0 - 3MICOTPnw 13DIOU0450M0 0 6 E Rev A wnKoo41 JRm ag m0Way Sogod pmIa } E Ad( Spevificusimiom ej i U 1 .1 lobIlizaliem | 9 10 |f q 14 Is 16 17 |a ]g 20 21 22 23 A 25 26 END OFR£CTTON 07Y OTrDTTAT(AZT t 1 220 - n Trrtftir MonAgoanntSal _land Ake &ate lk&A qANDARDcONSR TIN, g JwCA2oNDOCUMENTS N�md t&RaH SECTION 00 42 43 PROPOSALFORM UNLIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid list Item No, Description Specification Section No. Knit of Measure Bid Quantity Unit Price Bid Value 1 3441.4001 FumislJlnstalLAlum Sign as Arm Mount (Diamond Grade } 34 41 30 EA 5 $0.00 2 3441.4002 Furnish[Install Alum Sign Ground Mount TxDOT Std (Diamond Grade) 34 41 30 EA 3 3 344 L4003 Fumishflnstall Alum Sign Ground Mount City Std ( Diamond Grade) 34 41 30 EA 15 $0.00 4 3441AO04 Fumishlfnstalt Alum Sign Ex Pole Mount(Diamond Grade) 344130 EA 15 $0.00 5 3441.4005 Enstall Alum Sign Mast Arm Mount ( Diamond Grade) 34 41 30 IiA 5 $0.00 6 3441.4006 Install Alum Sign Ground Mount (Diamond Grade) 34 41 30 FA 5 $p_op 7 3441.4007 Install Alum Sign Ex Pale Mount ( Diamond Grade) 34 41 30 EA 5 $0.00 a 3441,4008 Remove Sign Panel and Post 344130 EA 5 $0.00 9 3441.4009 Remove Sign Panel 344130 EA 5 $0.00 ] 0 3441,4oE0 Remove and Reloca[c Sir Panel and Rost 34 41 30 EA 7 $0.00 11 9999.9999 FumishQnstallGX-lALwgeVehicular Guide, One Panel (No Foundation) 344130 EA 10 $0.00 [2 9999.9999 FrtmishRnsta[I GX-1B Large Vehicular Cnride, Two Pane] (No Poundation) 34 41 30 GA 10 $p.pp 13 9999.9999 Prtmishlfnstall GX-2 Vehicular Guide, Three Mgs (No Foundation) 344130 EA 10 $0.00 14 9999.9999 Ftnnish/lnstall ICX-1 Pedestrian Mask (No Foundation) 34 41 30 EA ]0 $0.00 15 9999.9999 Furnish&stallIX-1Parking Identifier (No Foundation) 344130 EA 10 $0.00 16 9999.9999 FumishAlnstall Wayfinding Sign Foundation (BrickPavor W/Anchors) 34 41 30 EA 10 $0.00 17 9999.9999 Fumish/Install Wayfinding SignEoundation (2'x5' W/Anchms) 34 41 30 EA 10 $0.00 18 9999.9999 Fumishffistall Wayfinding Sign Foundation (Vaulted Sidewalk W/Anchors 34 41 30 EA 10 $0.00 19 9999.9999 Funrishllnstall Background Panel W[Support Frame 34 41 30 EA 10 $0.00 20 9999.9999 Fumishfhrstall Sign Panel Type: GX-lA & GX-IB (Per Square Foot) 34 41 30 EA 10 $0.00 21 9999.9999 Furnish/Insiall Sign Panel Type; GX-2 (Per Square Foot) 34 41 30 EA 10 $0.00 22 9999.9999 Install GX-IAlarge Vehicular Guide, One Panel 34 41 30 EA 10 40.00 23 9999.9999 Install GX-IB Large Vehicular Guide, Two Panel 144130 EA 10 $0,00 24 9999.9999 Install GX-2 Vebicular Guide, Three Mgs 34 41 30 EA 10 $0.00 25 9999.9999 Install KX-1 PedestreanKiosk (No Foundation) 34 41 30 BA 10 $0,00 26 9999.9999 Install IX-1 Parking Identifier (No Foundation) 34 41 30 EA 10 $0.00 27 9999.9999 Fumish/WWt Alum Sign Mount TXDOT 3" TBar 34 41 30 EA 10 $0.00 28 9999.9999 Fumishllnstall Alum Sign Mount City Sad 2" T Bar 34 41 30 EA 10 $0.00 29 9999.95,99 Fumish[h stall Data Sticker 4 1 a"(w) x 2 W" (H) 34 41 30 EA 10 $0.00 30 9999.9999 FumishfGistall Metro Signs- D-Series ranges from 72"(W) X 20" (II) to 144" (w) X20" (H) 34 41 30 EA 10 $0.00 31 9999.9999 lr sWt Metro Signs- D-Series ranges from 72"(W) X 20" (Fn to 144" (W) X20" (i3) 34 41 30 EA 10 $0.00 32 9999.9999 Remove WayFinding signs 34 41 30 EA 10 $0.00 33 9999.9999 Breakaway Author Supports 344130 EA 10 $0.00 34 3471.0001 Traffic Control* 347113 MO 10 $0.00 35 3471.0002 Portable Message Sign 347113 WIC 1 $0.00 36 9999.9999 Full Highway Closure per day -(Night[Weekend)-Traffic Control" 3471 13 EA 1 $0.00 37 9999.9999 Furnish Street Permit 01 70 00 EA 1 $0.00 38 170.0103 Work n..dt r blab:r:....tirm EA 4 $0-00 39 01 70 00 Work Order Mobilization ($0$15,000) 01 70 00 EA 1 $0.00 40 017000 Work Order Mobilization($25,000-$50,000) 017000 EA 1 $0.00 41 017000 Work Order Mobilization($50,0004150,000) 017000 EA 1 $0.00 42 01 70 00 Work Order Mobilization ($150,0004300,000) 01 70 00 EA 1 Mon 43 01 70 00 lWork Order Mobilization ($300,0004500,000) 017000 EA I $0,00 BID SUMMARY Totall $0.00 $0.00 $0.00 (10%) Contingency Grand Total 003 15 -1 ALIDENDA Pngc I LPF3 I SECTION 01) (15 15 2 ADDENDUM No. 2. .3 4 200 on —ea II Stgus Coll fraact 5 City Prnject 102455 b 7 Addendum Nn. I issue Date: May 2'1, 2020 8 Bid Receipl Daite: Jim te4, 2020 9 1 k .This addendilrn ftvms part ofthie Coritmct F)cTcumeuls re�'erenced nb ve and raodiflas the original C cwtrawt l I DrrcaunnenK Acknow[ed�re the TecCQ }at of this Addendum by signing in the space below and umiching it to I the. Contract Doolmients (inside). Note receipt of this Addmdum in t]e Fiid PropgmI and nin tho ovter 13 onveTope of yottr bid. 14 5. Please note, also, Thlat t]ie link Psis the 2020 On -cull Pa Vement kFarking Contract 1s.located at: 16 2029 an-C31.1 Signs 17 J1apsWda os,h* ow/shaFesIcaj 8443e-Qq.88-404-842-a3Ue33a]32 19 19 ne link to the City eb-siW for Standflyd Spa:eiFrc�utlons, Details, and Drawings, are located at; 0 1 s:ll iCrps,fort43'artlitaxars:gov/ProIectlkesourcesF 21 ?1 1. Srlulrim r fif Ilro-Bird rdccrIng rand ConIr'acl,rr QlacsIinlas, 23 24 Ali opi ionai Fire -bid meeIiu- xvRs 11eId ariIioe an 1-hi irsdrLY. WIny 7, 02.0 ar 4.1)0 P Pvl, A Ii51 Li F the ir]vitccs 25 Ke nttrwhed aalong with the present.ttinrl i I1e C'ily rlescrihed tlle-OW111I [ intent of the PTiijoct 21id quesIiuiu 26 were freided aalon9 Will 11 c-TIMiled que :i ims. A PariiphrJTsed SUM 17ary of gl.ic-,l inns is priivided I1Cji.1%V- 27 28 Addendum t Q4e5tinn�,: 29 Is 11iere >iTl M RE G.o#ll nn tiffs I7rrijectT This 9"tIora left 1)Jim llti it+ 30 Scetion 00 45 4U. 31 32 ATimver' Th0 N113E g0ftI 'fUf 11115 PRIjecl 1s 5$41. Pleiisp refelvilCt Spef�itical id)at SeCtiLill b1) 33 r1j 'H). 34 35 Question; IN tine 1vovk Circler rnubillee;loll Item Irnirl oich tinrt we lllobilizc ear Is iilliv 36 itzm paid a himfl stern amciiinl our IhiwY 37 i3 Ati yver. MobrI I7,itlolt is pilid Erased on rwtrrk order wilil4 tiv fth eawcli work Order. Ranges 39 vain Fro in 00" U1,{ 0'0-S50.000'. S50.000 - 150.NO; S 150,�Mo - 40 P0.0,000; find S301'.1,000 - S500,00 1. I'leaw relerlmce reyked Proposal Faami 00 41 42,43, 42 41 Que—Mibal. Vh hn1 horid 'nia re€lirlrenaents nre requind fnr lhig bid jkrni]lrstl P �45 A1iswer The C0nIPac1.nr 11Iatst'Prr+vidV r1 Wd hrilld al [tic I inic 41f hid. Tilke 1)id blind is 6 v4Imerl at 5°ri. oI-Ille Bird. Thu CImIlWiTly iICICr]11il WLI to be the lq ti%v bidder is 47 mquired ILI see{Ire Ilse n]1P1'15lariaa1r hnitillCig "-hiarh Iypiuidly IiicIu&s ii pariah it 49 NPjTd, TftrfnrrTIRSICC bim[I acid 8 niaiiaciLaiicv L onil as per III: 4 CWAracI- 11leittiu 49 rerereiice 5pecifivaiiun S=1Iurls011 4 I % Bid 13onti9; 0061 13 Prr(nritiajwe 50 R011Lt; 00 (il ICI Piiyinrl11 I3ut1d' Utz frl 19 M iiiiteiiiltiLv Bill 0. 51 52 53 C"IT Y (IF FORT W 'I'!i 2JD21J 01L-CdR Trntilc Manegeluonr Sotioal WW Neiglitimhood Safety Gmlreal STANDARD OGN9T1il =09 SPJ3CffFC4U0N D.00LIVE.NTS RV'i ed July 1 r 2011 00 05 15 -' ADDENDA Pbg� 2 of3. I Addvijdtiji Z Q9esliults- 2 QtoistJuu: Fur 1argj! Sign P21tl0% 11ere5 the C'iIN, Tvg111cc! atjf.titlOslo I MIITV 11ca-s0awit vkits'. 3 4 Anmer; I{efi~Mllue TxD0T Smrid Hcd flotaiI Shtrts S M D {;LTP1-09 osrd St~.'1F5 (SLIP- 5 3i418 tar lur'ge gratttut I10WIII Si9lI dctaiJs i'ii Tx00T RD '- 1%1wr.2 spec irm!aII} .6 L:NII- t1Vd alrrtu.iluuti %vind bearlt dt[tttileb psru tti 6L m9 (iprT}rrmuirig forge wiP-iih 7 Siil'tctl6rs am placed vcrtiLaIIy hrkveviI s ppi� it pom and vllte{•edae nfsi,f:.o. A i I 8 ildditioiial srjffe.j)tr is PJJLL!Ufl 1r3 reIMjt!JL ti+hvri wigll is gruintL-r Ilull t Iois { 1U) f�t 9 IrJ Qllesfimt: Foi'.sigis; ua unviI itrm4.:tr{ IliU it11uched wftlt srtnitnts oi, sfPrpit- {rIhrr' Jf J'3 Amgwk ,r. Str Ajird smid J signs iit Itllut aryiJs kill{ ;IttacIiLd wil f1 b;tatd - I I -ird bLIA,les, Lurgg 14 - ils ClI I inwm air rlvti loave to he 1110wkted wIr.h aar.ru bi-mkeEr, and gLmwl lubwk. . 6 Cwlirdific:itiutis to petilif :�tltrus: 17 +I. Ri vise, SLr.'fic,n 00 42 43 PnqNi€id F-rrrm - Owil Ilru, ife-w f Sfr Wfvh Or'dei- hle+fttff�a��f«r�.' 1 J3 rtt r! Lrrri,s ) ]'-1!S_) �t'c�r' e,a r1 r r+1r+ ��_��rir��rs $0-. 25,f)(}i); $%POD- 19 S150,i 00-, SI5(),DO11-S106-0Of). 1:1.11L $300.000-S5UU,0(10 .20 h. Re -vise Sec-f Fun 00 45 -) 0.4 eterelrrc? fa ri fjlea 519 gnu{ jw+'a ej)rflgF 22 sl kewIse hNi opo ing dale to June d. 2020 23 r1<td TxC]O'I' Swndm-4 Dmoil Skeels SMLU {SLIP]-0H 5r.1'ie� 24 2,5 26 27 28 25 30 91 32 33 34 35 96 {7 CTTY CIFFUitT WORTH ?.W.0On-CjiJl'Tra€tic Managmiiir it SthouJ mlNal ht,flrhau+l SafetyCumlmrl STANDARD C ONS:['1<tU MON SPECIFICKY10N I7 CUMDUS lCorlsed July I, COI I M0S]S-3 ACFC1�NPA PREF 3 of 9 END OF SECTION ('CI'Y OP FORT WOET-H2024 Qrk•Co» Tmflla Mimagem nI wrhvul aril P1Gighhoih4nd SafCiy{:�tRk[aa# sTT.ANTJARD COMi rRMMUN SPEOMATION DWUMENTS Rrvised lvly I, 2011 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Pmject Item information BfddcA Proposal Bid list item No. Description Specification Sectior No. Uuitof Measure Bid Qnantity Unit Price Bid Value 1 3441.4001 Fumishflnstall Alum Sign Mast Arm Mount ( Diamond Grade) 34 41 30 EA 5 $OAO 2 3441.4002 Fumishllnstall Alum Sign Ground Mount TxDOT Std ( Diamond Grade } 34 41 30 EA 3 $0.00 3 3441.4003 Fumishdtnslall Alum Sign Ground Mount City Sid ( Diamond Grade) 344130 EA 15 $0.00 4 3441.4004 Funush/Insiall Alum Sign ExTole Maunt ( Diamond Grade) 34 41 30 EA 15 $0.00 5 3441.4005 Install Mum Sign Mast Arm Mount ( Diamond Grade) 344130 EA 5 $0.00 6 3441.4006 install Alum Sign Ground Mount ( Diamond Grade) 34 41 30 EA 5 $0.00 7 344L4007 Install Alum Sign Ex Pole Mount ( Diamond Grade) 3441 30 EA 5 $0.00 8 3441.4008 Remove Sign Panel and Post 344130 EA 5 $0-00 9 344I.4009 Remove Sign Panel 34 41 30 EA 5 $0,00 10 3441.4010 Remove and Relocate Sign Panel and Post 34 41 30 EA 7 $0.00 11 9999.9999 Fumishllnsiall GX-lA Large Vehicular Guide, One Panel (No Foundation) 3441 30 EA 10 $0.00 12 9999.9999 Fumishllnstall GX-IB Large Vehicular Guide, Two Panel (No Foundation) 34 41 30 LA 10 $0.00 13 9999.9999 Fumish/Install GX-2 Vehicular Guide, Three Mgs (No Foundation) 34 4l 30 EA 10 $p 00 14 9999.9999 Furnish/InsW1 KX-1 Pedestrian Kiosk (No Foundation) 34 41 30 EA 10 $0.00 15 9999-9999 FumishAnstall IX-1 Parking Identifier (No Foundation) 34 41 30 EA 10 $0.00 16 9999.9999 Fuiu shAnstall Wayfinding Sign Foundation (Brick Paver W/Anchors) 34 41 30 LA 10 $0.00 17 9999.9999 rumish/fnstall Wayfinding Sign Foundation (TxS W/Anchors) 34 41 30 EA 10 $0 00 l8 9999.9999 Fumishllnstall Wayfinding Sign Foundation (Vaulted Sidewalk W/Anchom 34 41 30 EA 10 $0.00 19 9999.9999 Fumish/Install Background Panel W/Support Frame 3441 30 EA 10 $0.00 20 9999.9999 FumisMiistall Sign Panel Type: GX-IA & GX-lB (Per Square Foot) 34 4[ 30 EA 10 $0.00 21 9999.9999 Fumish4mtall Sign Pane[ Type: GX-2 (Per Square Foot) 344130 EA 10 $0.00 22 9999,9999 Install GX-lA Large Vehicular Guide, One Panel 344130 EA 10 $0.00 23 9999.9999 Install GX-13 Large Vehicular Guide, Two Panel 3441 30 EA 10 $0.00 24 9999"9999 Install GX-2 Vehicular Guide, Three Mgs 3441 30 EA 10 $0.00 25 9999,9999 hustallKX-1PedestrianKiosk (No Foundabon) 344130 EA 10 $0.00 26 9999,9999 Install IX-1 Parking ldentifier(No Foundation) 344130 EA 10 $0.00 21 9999.9999 Fumish/lnstall Alum Sign Mount TXDOT 3" TBar 3441 30 EA 10 $0.00 26 9999.9999 Fumisbllnstall Alum Sign Mount City Sid 2" T Bar 34 41 30 EA 10 $0.00 29 9999.9999 FumisMnstall Date Sticker 4 [/211(w) x 2 1/2" (H) 3441 30 EA 10 $0.00 30 9949.9999 Fumisldhistall Metro Signs- D-Series ranges from 72"(W) X 20" (H) to 144" (W) X20" (11) 34 M 30 EA 10 $0.00 31 9999.9999 Install Metro Signs- D-Series ranges from 72"(W) X 20" (H) to 144" (W) X20" (H) 344130 EA 10 $0.00 32 9999.9999 Remove WayFinding signs 344130 EA 10 $0.00 33 9999.99991 Breakaway Anchor Supports 344130 EA 10 $0,00 34 3471 0001 Traffic Con[ol* 3471 13 MO 10 $0.00 35 3471.0002 Portable Message Sign 3471 13 WK 1 M00 36 999%9999 Full Highway Closure perday-(Night/Weekend)- Traffic Control* 34 71 13 EA 1 $0.00 37 9999.9999 Furnish Street Permit 01 70 00 EA 1 $0.00 38 170.9192 YYerk-Ordec-Mobiliaatien U4 70 no EA 4 $O.A00 39 01 70 00 Work Order Mobilization ($O-S25,000) 01 70 00 FA I $0.00 40 01 7000 Work Order Mobilization ($25,000450,000) 017000 EA I $0.00 41 01 7000 Work Order Mobilization ($50,0004I50,000) 01 70 00 FA 1 $R00 42 01 7000 Work Order Mobilization ($150,0004300,000) 017000 EA 1 $0.00 43 01 70 00 Work Order Mobilization ($300,0004500,000) 01 7000 EA 1 $0.00 BID SUMMARY Total -- $0.00 (10%) Contingency $bra Grand Total $0.00 n�• pEIr- yy (-- l L_ _J f� I1y (f r •. 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ASm A]IIT mlwlfm6 pll�TroT , mil Wl� M6, nflm'es .IM lano-' REQUIRED Sl1PPoRT p¢rl ¢Icb 5[fiN xEShcPrlgi liIPRYlr Tr 10a0111S1(m ISn 9tl[l-11 DetoI I E ,X-1M AtP Blot XII-11 TY l—trim' -xlx vorWwflu W-3rAe YlFAD alm <0.1R1 aWlflmol T1¢IBw�I]IIiRIPBe Sm xrrpir E _ S1xl Flrcn mE-OY elm tlt6-n IpXixliearn ry olmp Lrl¢I INIm ti 1aXpYll1#[YAn � aLx[e, ILxl6,eni,h/L-]..+, .roa Iv t¢ae¢II/Alin �p-rITn .Ipv swm#en ,e Tv 6• +lose-rl�et .IW mlmvtlmepvel Tr lnsxenYxm g u.ao-lnon non Tr seauixrrn ,a-IM aemo sdool z-I,q aim nt-n R leM6[nYxm Pr srlml smml x-inP elm fsz-n n fpe�ninrm Pmfer [Spnl11. . Miverwll LI• x 1• eyme hoe oak wlpl mF R• Lmp Arts elm rYl-6 L YI-ll TY 1f�Fpinq(nl Irylm _ 6I16' x, IA' wm1t win t, I—, S fl¢F .p,lwrs w1 iS1X 1 °°,d"",'Azi°pv w't" "' 1 ` FxmweAlwr.+ Ipl P In w. IRr 6tf•�a vl� vpmam a ul{ie.sre Sep St0 IS -I f fm ¢5el{ltml tlrl¢I I, Sw OvrviF E hr,llq�iletvllnlm Texos l*aV&td Trfrnsrpfrdaffm phnweprpA'pv pM1v,bri SIGN MOUNTING DETAILS SMALL ROADSIDE SIGNS TRIANGULAR SLIPBASE SYSTEM A SMDfSLIP-3I-08 I°Y Detail 0 UTRUDED ALUMINUM SIGN WITH T BRACKET Extruded Alunlnum Sign with T M-geke-} ®—.11"`°°` 9-eX 0011 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Due to the CG-VTD 19 Emcrgency declared �y the 0ty of Fort Werth anti undI the emervnc} declaratkt in. as urrletided. is rescInded, sealed bids for the construction of 2020 On -Call Pavement Markings Contract ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, MAY 28, 2020 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 flits will lair accepted by-. 1, US Mail at tW address above. 2. By courier, Fed Ex or hand delivery from &30-1.30 on Thursdays only a[ the South End 1,obby of City I4aII located at 200 Texas Sirect, Fort Worth, Texas 76102, A Purchasing I)epart rnont �taff"penon will k available to accept 1h.a bid and provide a Sipe stamped receipt: 61, .3. 1f the bidder desires to submit the bid on a dozy or tklrle ether t1Iar1 iho degigrlatod Thursday, the bidder rnust contact tho Puri;hDsing DRepartrnenI during norm riI working h(l7 FrS at R 17-V2-2462 to rnalce.an appointment its 117eet a Pure has ing Departrent ompIayce at ilia Somh land Lohby of C!ty Hal located at 200 Texas Strut, Fort Worth., 176102, where 111e Nd(s) will to ree ived and diueJdate stennped as above. Bids will be opened publicly and read aloud at 2:00 PM CST �n the City Cnuncal Cbatnhers grid hmadea3L 1]it-iugh Iivr stream and C1=W pubiIc teicvision which can be accesslyd ai 1sttWJlfattwunItLexas.koaltWtvl, The general public wi[1.npt be allowed in file City oun0iI Charnbcn-. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: The Contractor shall furnish all materials, labor, equipment, transportation, insurance, permits and other services necessary for a complete installation of signs for the City of Fort Worth Transportation and Public Works Department. The contractor sball provide services for City roadways and right of way per the attached specifications. Performance for any services described herein will be initiated upon acceptance by the Contractor of a work order having the authorizing signature of the Project Manager prior to commencing work at the site. Contractors will not perform against this agreement without first having received an official City of Fort Worth work order, except in emergency cases as detailed below. CITY OF FORT WORTH 2O20 Signs On -Call Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Temporarily Revised April 6, 2020 due to COVID 19 Emergency 00 11 13 INVITATION TO BIDDERS Page 2 of 3 All installation of signs and removal services except detour marking include traffic control devices and related costs. All traffic control methods utilized by the Contractor shall meet the most current requirements as specified by the FHWA in the "Texas Manual on Uniform Traffic Control Devices (TMUTCD) for Streets and Highways" and/or subsequent amendments. CONTRACT AWARD & FUNDING This ITB (Invitation to Bidders) is to establish unit prices upon which task orders will be issued. The City reserves the right to award one or more contracts to qualified bidders within its identified project budget. There is no guarantee of the amount or value of work to be ordered. TIME PERIOD AND RENEWALS The time period of this Agreement will be for one calendar year or the expiration of the funding, whichever occurs Iast. The City reserves the right to renew the contract for up to three (3) additional time periods under the same terms, conditions and unit prices. The City shall provide at least sixty (60) days' notice to the Contractor of the City's intent to renew. PREQUALIFICATION N/A DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.goy/purchasingl and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be downloaded from htt s://docs.b360.autodesk.com/ romects/c5l24f3g-6831-478a-a44f- 59b12053f5d7ffolders/urn:adsk.wip prod: fs.folder:co.-Np2XeFmQDOFkOzFIWoSEQ The cost of Bidding and Contract Documents is: N/A Set of Bidding and Contract Documents with full size drawings: N/A Set of Bidding and Contract Documents with half size (if available) drawings: NIA PREBID CONFERENCE A prebid conference may be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web con[/ renr.incg appIication, DATE: Thursday, May 7, 2020 TIME: 4:00 PM i r a prebid tdtfurence will be field on' line via ;i welt i torlfetviking app1IrAtiall, i>nvitstluw wit/ b�, disiTibuted directly to flvw W&I I�4%lc suluni[led Expressions orIntere-st in flit, pmjec;t to the Clt.�. I'livjeet Mvoger and/or ihi --Design Ctlgincer_ 'fhe presentation given ai the prebid ionference and any gastlons aiid answers provided at the prebid corlfe;L7.nce will be issued aB Litt Addcndu,tt to the cal./ for bids, 'f f a prebid conference is not being held, pl-�speclive bidders can e-mail questions or coiniriants in accordsu2ce with Section 6 ufthe I miMt ctknts lu Did&is referenud above to the praject� tnamger(s) at the e-mail ziddme , s I k af,-d bulcow, L,maiIod qucstkiiis wi11 suffice aS "qtles(ions in writing„ and tho requirement to Formally Iliad quesd -s is sustxended. If necessary„ CITY OF FORT WORTH 2O20 Signs On -Call Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Temporarily Revised April 6, 2020 due to COVIDI9 Emergency 00 11 13 INVITATION TO BIDDERS Page 3 of 3 Addenda will be i;suod VtlrSuxrlI to the Jnt~trtrctinm to kiI ticr; CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Quenell Johnson, P.E., City of Fort Worth Email: QueneIl.Johnson@fortworthtexas.gov Phone: 817-392-8618 AND/OR Attn: Lawrence Hill, City of Fort Worth Email: Lawrence.Hill@fortworthtexas.gov Phone: 817-392-2637 EXPRESS ION OF INTERSEEI" To ensure bidders ate kept lip to date of any now' intorrnation pertnlent to this pr41ina 01, Cho COVID19 emergency. declaration, as amended, as it trey relllir tv this prujeot, bidders are Teyrrested to email 1}xprtssiom ol'lnte}x3st in this procuminnriI to the City Project Manager and the Design Engineer. The ernal I should Include the biddus,'s euinpaiiv nailre, contact persblh 11 Individuals email addn'm5 and pilona numbar. All Addellda will be d slributal directly tD those who have expres!;W an inierest in the, procalrerneut and wEll ahA3 be postal in the City of Fork Wg0h's.puM11 illg wi!bsite at http://fortworthtexas.gov/purchasing/ PLAN HOLDERS To ensure you are kept up to date of any new information pertinent to this project such as when an addenda is issued, download the Plan Holder Registration form to your computer, complete and email it to the City Project Manager_ The City Project Manager and design Engineer are responsible to upload the Plans Holder Registration form to the Plan Holders folder in BIM360. Mail your completed Plan Holder Registration form to those listed in INQUIRIES above. ADVERTISEMENT DATES April 23, 2020 April 30, 2020 END OF SECTION CITY OF FORT WORTH 2020 Signs On -Call Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Temporarily Revised April 6, 2020 due to COVIDI9 Emergency 002113-1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms INSTRUCTIONS TO BIDDERS Page I of 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 00-GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2.Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas 1.2.3.Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. All Bidders and their subcontractors are required to be prequalified for the work types requiring prequalification at the time of bidding. Bids received from contractors who are not prequalified (even if inadvertently opened) shall not be considered. Prequalification requirement work types and documentation are as follows: N/A 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS.N/A 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6. LN/A CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 2020 On -Call Signs Contract INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.3. The City reserves the right to require any contractor who is the apparent low bidder(s) for 2 a project to submit such additional information as the City, in its sole discretion may 3 require, including but not limited to manpower and equipment records, information 4 about key personnel to be assigned to the project, and construction schedule, to assist the 5 City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a 6 quality product and successfully complete projects for the amount bid within the 7 stipulated time frame. Based upon the City's assessment of the submitted information, a 8 recommendation regarding the award of a contract will be made to the City Council. 9 Failure to submit the additional information, if requested, may be grounds for rejecting 10 the apparent low bidder as non -responsive. Affected contractor will be notified in 1 I writing of a recommendation to the City Council. 12 13 3.4. In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 17 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 18 19 4.1. Before submitting a Bid, each Bidder shall: 20 21 4.1.1. Examine and carefully study the Contract Documents and other related data 22 identified in the Bidding Documents (including "technical data" referred to in 23 Paragraph 4.2. below). No information given by City or any representative of the 24 City other than that contained in the Contract Documents and officially 25 promulgated addenda thereto, shall be binding upon the City. 26 27 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 28 site conditions that may affect cost, progress, performance or furnishing of the 29 Work. 30 3I 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 32 progress, performance or furnishing of the Work. 33 34 35 36 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 37 contiguous to the Site and all drawings of physical conditions relating to existing 38 surface or subsurface structures at the Site (except Underground Facilities) that 39 have been identified in the Contract Documents as containing reliable "technical 40 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 41 at the Site that have been identified in the Contract Documents as containing 42 reliable "technical data." 43 CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 1-1-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish. All additional information and data 3 which the City will supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents. No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 10 4.1.6. Perform independent research, investigations, tests, borings, and such other means 11 as may be necessary to gain a complete knowledge of the conditions which will be 12 encountered during the construction of the project. On request, City may provide 13 each Bidder access to the site to conduct such examinations, investigations, 14 explorations, tests and studies as each Bidder deems necessary for submission of a 15 Bid. Bidder must fill all holes and clean up and restore the site to its former 16 conditions upon completion of such explorations, investigations, tests and studies. 17 18 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 19 cost of doing the Work, time required for its completion, and obtain all information 20 required to make a proposal. Bidders shall rely exclusively and solely upon their 21 own estimates, investigation, research, tests, explorations, and other data which are 22 necessary for fall and complete information upon which the proposal is to be based. 23 It is understood that the submission of a proposal is prima -facie evidence that the 24 Bidder has made the investigation, examinations and tests herein required. Claims 25 for additional compensation due to variations between conditions actually 26 encountered in construction and as indicated in the Contract Documents will not be 27 allowed. 28 29 4.1.8.Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 30 between the Contract Documents and such other related documents. The Contractor 31 shall not take advantage of any gross error or omission in the Contract Documents, 32 and the City shall be permitted to make such corrections or interpretations as may 33 be deemed necessary for fulfillment of the intent of the Contract Documents. 34 35 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of. 36 37 4.2.1.Those reports of explorations and tests of subsurface conditions at or contiguous to 38 the site which have been utilized by the City in preparation of the Contract 39 Documents. The logs of Soil Borings, if any, on the plans are for general 40 information only. Neither the City nor the Engineer guarantee that the data shown is 41 representative of conditions which actually exist. 42 43 4.2.2. Those drawings of physical conditions in or relating to existing surface and 44 subsurface structures (except Underground Facilities) which are at or contiguous to 45 the site that have been utilized by the City in preparation of the Contract 46 Documents. 47 CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 13 -4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3.Copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract Documents, 3 but the "technical data" contained therein upon which Bidder is entitled to rely as 4 provided in Paragraph 4.02. of the General Conditions has been identified and 5 established in Paragraph SC 4.02 Supplementary Conditions. Bidder is responsible 6 for any interpretation or conclusion drawn from any "technical data" or any other 7 data, interpretations, opinions or information. 8 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 10 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means, methods, techniques, sequences or 13 procedures of construction (if any) that may be shown or indicated or expressly required 14 by the Contract Documents, (iii) that Bidder has given City written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 17 etc., have not been resolved through the interpretations by City as described in 18 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polycblorinated 23 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06 of the General Conditions, unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work, Etc. 28 29 5.1. The lands upon wbich the Work is to be performed, rigbts-of way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of Supplementary Conditions. In the event the necessary right -of 40 way, casements, and/or permits are not obtained, the City reserves the right to cancel the 41 award of contract at any time before the Bidder begins any construction work on the 42 project 43 44 45 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 46 way, easements, and/or permits, and shall submit a schedule to the City of how 47 construction will proceed in the other areas of the project that do not require permits 48 and/ or easements. 49 50 51 CITY OF FORT WORTH 2020 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 002E 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 3 the City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 4 received after this day may not be responded to. Interpretations or clarifications 5 considered necessary by City in response to such questions will be issued by Addenda 6 delivered to all parties recorded by City as having received the Bidding Documents. 7 Only questions answered by formal written Addenda will be binding. Oral and other 8 interpretations or clarifications will be without legal effect. 9 10 Address questions to: 12 City of Fort Worth 13 200 Texas Street 14 Fort Worth, TX 76102 15 Attn: Transportation and Public Works Department 16 Fax:817-392-2533 17 Email: Quenell.Johnson@fortworthtexas.gov 18 Phone:817-392-8618 19 20 21 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 22 City. 23 24 6.3. Addenda or clarifications may be posted via Buzzsaw at 25 hops://apps.fortworthtexas.gov/ProjectResources/ 26 27 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 7. Bid Security 35 36 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 37 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 38 the requirements of Paragraph 5.01 of the General Conditions. 39 40 T2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 42 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 43 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 45 other Bidders whom City believes to have a reasonable chance of receiving the award 46 will be retained by City until final contract execution. 47 CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 13 - 6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which, Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. The city may renew this agreement for up to three (3) additional time 6 periods under the same terms, conditions and unit prices. The city shall provide at least sixty 7 (60) days' notice to the contractor of the city's intent to renew. 8 10 9. Liquidated Damages I 1 Provisions for liquidated damages are set forth in the Agreement. 12 13 10. Substitute and "Or -Equal" Items 14 The Contract, if awarded, will be on the basis of materials and equipment described in the 15 Bidding Documents without consideration of possible substitute or "or -equal" items. 16 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 17 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 18 City, application for such acceptance will not be considered by City until after the Effective 19 Date of the Agreement. The procedure for submission of any such application by Contractor 20 and consideration by City is set forth in Paragraph 6.05A., 6.05B., and 6.05C. of the General 21 Conditions and is supplemented in Section 0125 00 of the General Requirements. 22 23 11. Subcontractors, Suppliers and Others 24 25 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 26 12-2011 (as amended), the City has goals for the participation of minority business 27 and/or small business enterprises in City contracts. A copy of the Ordinance can be 28 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 29 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 30 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 31 Venture Form as appropriate. The Forms including documentation must be received 32 by the City no later than 2:00 P.M CST, on the second business days after the bid 33 opening date. The Bidder shall obtain a receipt from the City as evidence the 34 documentation was received. Failure to comply shall render the bid as non- 3 5 responsive. 36 37 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 38 or organization against whom Contractor has reasonable objection. 39 40 12. Bid Form 41 42 12.1. The Bid Form is included with the Bidding Documents; additional copies maybe 43 obtained from the City. 44 45 46 CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 13 - 7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives, the words "No Bid," 5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals, the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint ventures in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37 -- Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 1.3. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 46 envelope, marked with the City Project Number, Project title, the name and address of 47 Bidder, and accompanied by the Bid security, and other required documents. If the Bid is sent 48 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 49 envelope with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 13 - 8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the Purchasing Manager and fled with the Purchasing Office 4 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 5 must be made in writing by an appropriate document duly executed in the manner 6 that a Bid must be executed and delivered to the place where Bids are to be submitted 7 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 8 are opened and publicly read aloud, the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2 Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates (if any) will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder, whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtftil financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price, contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 wilI be resolved in the favors of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders, Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in Iitigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 1011"EF911MIJ INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2: City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications, and financial 12 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35% of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001, The City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located 29 f7.7. A contract is not awarded until formal City Council authorization. If the Contract is 30 to be awarded, City will award the Contract within 90 days after the day of the Bid 31 opening unless extended in writing. No other act of City or others will constitute 32 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 33 the City. 34 35 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 36 37 18. Signing of Agreement 38 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 39 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 40 Contractor shall sign and deliver the required number of counterparts of the Agreement to 41 City with the required Bonds, Certificates of Insurance, and all other required documentation. 42 City shall thereafter deliver one fully signed counterpart to Contractor. 43 44 45 46 END OF SECTION CITY OF FORT WORT14 2020 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 00 35 13 BID FORM Page 13 of 13 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/ClQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Bean Electrical Inc 821 E Enon Everman, TX 76140 ENS} OF SECTION By Signature 0 Title. r'I VWUGI IL CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid 2020 On -Call Signs Contract ALH TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: Units/Sections: 1. Enter Into Agreement SECTION 00 4100 BID FORM 2020 On -Call Signs Contract 0f/1 Aluminum Signs 004100 BID FORM Page 1 of 3 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid 2020 On -Call Signs Contract ALH 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prr'equalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. NIA b. c. d. 4. Time of Completion 4.1. Time of completion will be determined on a per work order basis. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. ,attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 4100 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequafifrcation Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *if necessary, CIQ or US forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Copy of 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid 2020 On -Call Signs Contract ALH 0041 00 BID FORM Page 3 of 3 subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid 7. Bid Submittal This Bid rmitted on June 4,2020 Respectf By.' — (Signature) Roy Bean ll (Printed Name) Title: President Company: Bean Electrical Inc. Address: 821 E. Enon Everman, TX. 76140 State of Incorporation: Texas Email: cbean(a),beanelectrical.com Phone: 817-561-7400 END OF SECTION $646,265.50 by the entity named below. Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Copy of 00 41 00�00 43 13_00 42 43_00 43 37�00 45 12_00 35 13_Bid 2020 On -Call Signs Contract Addendum 1 Bean SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bid list Item Na. DescriptionSection Specification No. Unit of Measure I1td Quantity Unit Yrice Bid Value I 3441 AODI FuLnislOnsi all Alum Sil,m Mast Arm Mount ( Diamond Grade) 34 41 30 EA 5 $500.00 $2.500.00 2 344L4002 Fumishlinsiall Alum Sign Ground Mount TxDGT Std ( Diamond Grade) 34 41 30 EA 3 $950.00 $2,850.00 3 3441.4003 FumisMnstal[ Alum Sign Ground Mount City Std ( Diamond Grade) 3441 30 EA 15 $450.00 $6.750.00 4 3441.4004 Fumisliliostall Alum Sign Ex Pole Mount ( Diamond Grade) 34 41 30 i EA I5 $300.00 $4,504,00 5 3441.4005 Install Alum Sign Mast Ann Mount ( Diamond Grade) 34 41 30 EA 5 $275.00 $1.375.00 6 344t.4006 Install Alum Sign Ground Mount ( Diamond Grade ) 3441 30 EA 5 $275.00 $1,375,00 7 1 3441.4001 Install Alum Sign Ex Pole Mount ( Diamond Grade) 3441 30 RA 5 $226-00 $1.125.00 8 3441.4009 Remove Sign Panel and Post 344130 EA 5 $175.00 $876.00 9 3441 4009 Remove Sign Panel 34 41 30 CA 5 $75.00 $375.00 10 3441.4010 Remove and Relocate Sign Panel and Post 34 41 30 EA 7 $350.00 $2 450,00 11 9999.9999 Fumish/Insiall GX-lA Large Vehicular Guide, One Panel (No Foundation) 34 4130 EA 10 $6,328ml $63 280.00 12 9999.9999 Fumishnnstalt GX-1 B Large Vehicular Guide, Two Panel (No Foundation) 34 41 30 EA 10 $7,772.00 $77,720.00 13 9999.9999 lFurnisliffnatall GX-2 Vehicular Guide, Three MW (No Foundatinn) 3441 30 EA 10 $7,792.00 $77,1320.00 14 9999,9999 IFumisMnstall KX-1 Pedestrian Kiosk (No Foundation) 3441 30 EA 10 $6,929.00 $69,290.00 IS 9999.9999 1 Furnish/lnstallIX- IPaMngldenlifier(No Foundation) 344130 EA 30 $4056.00 $40.560.00 16 9999.9999 Furnish/Install Wayfrnding Sign Foundation (Brick Paver W/Aneltors) 34 41 30 EA 10 $1,000.00 $10,000.00 17 9999.9999 FltrnisWinstall Wayfinding Sign Foundation (2'x5' W1Anchurs) 3,141 30 EA t0 $950.00 $9,600.00 is 9999.9999 Fumish/Install Wayfinding Sign Foundation (Vaulted Sidewalk W1 Anchors 3441 30 EA 10 $900.00 $B 000,00 19 9999.9999 FumishAnstallBackground Panel W/Support Frame 344130 EA 10 $1,642.00 $15420.00 20 9999,9999 Fumish/Instal[Sign Panel Type: GX-IA&GX-IB(PerSquareFool) 344130 );A 10 $45.66 $450.00 21 99999999 Fumisldlnstall Sign Panel Type: GX-2 (Per Square Poot) 34 41 30 EA 10 $45.00 $460A0 22 9999.9999 11natall GX-IA Large Vehicular Guide, One Panel 34 41 30 EA 10 $850.00 $8.500.00 23 9999,9999 Install GX-I B Large Vehicular Guide, Two Panel 3441 30 FA 10 $975.00 $9,750.00 24 9999.9999 Install GX-2 Vehicular Guide, Three Mns 3441 30 EA 10 $i 2f000 $12 500.00 25 9999.9999 Install KX-1 Pedestrian Kiosk (No Founda(ion) 34 41 30 EA l0 $1,150.00 $11 500.00 26 9999.9999 Install IX -I Parking Identifter (No Foundation) 3441 30 EA 10 $850.00 $6 5()0,00 27 9999-9999 Furnish/Install Alum Sign MountTXDOT 3" T Bar 344130 EA 10 $1,310,00 $13,100A0 28 99999999 FumisMostall Alum Sign Mount City Sid 2" T Bar 34 41 30 EA 10 $1,280.00 $12,800.00 29 9999.9999 lFamishilvistall Data Sticker 4 I12"(w) x 2 1/2" (14) 34 41 30 EA 10 $10,00 $100,00 30 9999,9999 Furnislt/Install Metro Signs- D-Series ranges from 72"(W) X 20" (P) to 144" (W) X20" (H) 34 41 30 EA 10 $800.00 $B 000.00 31 9999,9999 Install Metro Signs- D-Series ranges from 72"(W) X 20" (H) to 144" (W) X20" (H) 34 41 30 EA 10 $500.00 $6,000.00 32 9999.9999 Remove WayFinding signs 344130 EA t0 $600.00 $6,000.00 33 9999.9999 Breakaway Anchor Supports 34 41 30 EA 10 $260.00 $2,500.00 34 3471,0001 Traffic Control* 3471 13 MO 10 $2,500.00 $25.000.00 35 3471-0002 Portable Message Sign 347113 WK 1 $575.00 $575.00 36 99999999 Full Highway Closure per day-(NighVWcekend)- Traffic Control' 3471 13 EA 1 $8 565,00 $8 565.00 37 9999.9999 Fumish Street Amnit 61 70 00 EA 1 $200.00 $200.00 36 470OLIi3 0170.A0 EA 4 $0,00 39 017000 Work Order Mobilization($0-$25,000) 017000 EA 1 $1,250.00 $1,250.00 40 01 70 00 Work Order Mobiliza(ion ($25,000-$50,00D) 017000 EA 1 $2,500.00 $2,500.00 41 01 7000 Work Order Mobilization ($50,000-$150,000) 01 70 00 EA 1 $7.500.00 $7,600,00 42 017000 Work Order Mobilization($150,000-$300,000) 017000 EA l $15,000.90 $15,000.00 43 01 70 00 Work Order Mobilization $300,000-$500,000) 01 7000 BA l $30,000.00 $30,000.00 BID SUMMARY Total L $5661605.00 ]0%) Contingency $56,660.50 Grand Total $645,265.50 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 4 That we, (Bidder Name) Bean Electrical, Inc. hereinafter called the Principal, and (Surety Name) SuraTec Insurance Company a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five Percent of the Greatewt ArnflUril bid and Dollars ($ 5% GAB), Iha payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as 2020 On -Call Signs Contract NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGN51?;tAnth 09 day of June _, 2020 By: ignature and *By: Siare7ec Insurance Company Mistie Beck, Attornby-in-Fact (Signature of G of Principal) *Attach Power of Attorney (Surety) for Attorney -in -Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH Form Revised 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS POAp 4221049 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office in Glen Alien, Virginia, does by these presents make, constitute and appoint: Tony F(orro, Jay Jordan, Johnny Moss, Steven W. Searcey, Robert J. Shuya, Mistie Beck, Jeremy Barnett, Robert G. Kanuth, Jade Porter, Jennifer Cisneros, Jarrett Willson, Jack Nottingham Their true and lawful agents] and attorney(s)-In-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided; however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Five Million and 001100 Dollars ($5,000r000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute In behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 241h day of March , z020 SureTec Insurance CompanyNO. ss��svtkCrrri Markel Insura ce Company SEA By.' j� y� L. lyw= . do :i . By' Michael C. Ke€mig, President., it %� i:4'� Y`� Rdbin Russo, Senior Vice President ��rrlfirjjnttlov Commonwealth of Virginia County of Henrico SS: On this 24m day of Ma,ah , 2020 A. D., before me, a Notary Public of the Commonwealth of Virgin la, In and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described In, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding instrument is now in force. e e e e> r r r y r a IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed m Q e*. 07t Q1 ;ypf Henrico,-the day and year first above written. . •�Q` Y COMMISSION NBy:w-!�.., NUN By: f�' O Donna Ilanavant, Notary Public 708396$ My commission expires 1/31t2023 We, the undersigned Officers of SureTec Insurance Company and Marke'i°yr��t��C�jo'i y g4erby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy Is still in full force and effect and haSftgtilJrt�9 d�yak7sd. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 4th day of .June 2020 Sur clnsur ce C pa By M. Br t Beaty, Assistant Secret. Markel Insurance Company Richard R. Grinnan, Vice President an ary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity. 4221049 For verification of the authority of this Power you may call (713)1312-0800 on any business day between &30 AM and 5:00 PM CST. ureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http:l/www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider 812019 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 11 of 13 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of Sian I<Irr . , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of '-,rare Hor4 an,jttrrll+ , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. K BIDDER: Bean Electrical Inc 821 E Enon Everman, TX 76140 0 END OF SECTION Title: President Date: CQ 20 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Copy of 00 410000 43 13_00 42 43_00 43 37_00 45 1200 35 13_Bid 2020 On -Call Signs Contract ALH 00 45 12 BID FORM Page 12 of 13 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date N/A CQI'It�Jall Coal rle I I''I. I IM_ FiiY.r4 'it 0 C0.111rm, r I y N-,vnr. i [O[e uP :po( f- Irt Hip, Gir 0 ul'lll3dat Nal'Ilu Herb 01 !+ace 0 ., The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalifred for the work types listed. BIDDER: Bean Electrical Inc 821 E Enon Everman, TX 76140 0 ENE) OF SECTION Title: President Date: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Copy of 00 410000 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid 2020 On -Cali Signs Contract ALH 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page l of SECTION 00 45 26 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 Name. 2020 On Call Signs Contract. 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: Bean Electrical Inc Company 821 E Enon Address Everman TX 76140 City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § Title: President (Please Print) BEFO ME, th undersigned thority, on this day personally appeared )v z5w" , known to me to be the person whose name is subscribed t— the foregoing i trument, d acknowledged to me that he/she executed the same as the act and deed of _ Y r, rG) and the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this --)' r6( day of ';�u 20W FIE,�, JAMES MICHAEL HUGHES Notary Public, State of Texas COMM, Expires 10-26-2022 Nit `` Notary 10 131774249 END OF CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 in and for the State of Texas 2020 On -Call Signs Contract W454 -1 MINORITY r%ND Wi)twi N 2EJ1%1NP_4:.S YNJ'F.RPRISF GOAL Ngo 2 130 SF+,CTi N 00 45 411 MINOMY BUSINESS ENTERPRISE GOAL SPECIAL INSTRUCTIONS FOR OFFERGIRa iJf the total dollar value of tlxe ranirart Ts 550,000 or more. then a MBE -subcontracting eaal is anplicable. i EMCY_51&TEMENT ii Is iJie pwivy of Ifie Clty of Fort Worth Lo ensure the full anrJ erluItablr participation by Mlnnrity 8uslnufz Erlterprlses (A4BE) Jn the procaremi=nl of all wads and servkm5. All requirEmEnts and regu18tlans stated in the City% current guslnam Uiyerslly Enterprise Ordinance applies to this bid - MBE PROJECT GQAt5 Me C1W5 tME 0ndl on thks prrslmt b 5 % of th4 Ua-,e told aaluv or ifiC ccnfra�1. Norte. If both MBE &W SSE subcantr acting goals are esta biIshed for tints project, than art Offeror must submit both a MOE UtiIizatian Farm and a SSE Ut11ization Form to be deemed responslYe. COMPLIANCE TO BID SPECIFICATIONS iDa 01y coWocts $510,DOil or more where a MBE subtontrarLing goal 15 applied, Ufferors are requfri�d to cornpl-y with the Intent of [Ile Clty's Rijsiness DIVersity Enterl',rlse Ordinw[ce by onc, of tht. loflowing_ 1. Meet: or okceed the above stated WE goal through FARE suheontraetingportTripation, or Z. Mae -It: or rxreed the above stated MOE gual thMugh MDE Joint Venture participatlan, or, 3. Good Faith Effort docrsmentatiun,or, .4. Prime Walverdarumentsdon. SURMITTAL OF REQUIRED DOWMIENTATCON The appIlrzble documents.must be receivud by the PUrehaslnig Division, within the follawing tlrnes BIlnrnted. In urdEr For I#it, entire bid to be .consldered responsl.ve to the specfficatians. The Offeror shall rJrliver the 113E daiumeraativn in person to the appropriate employee of the purch;uing dlwlsion and obtaan a datejtlmi! rere;ol. Such receipt' shaky be ewldence that tree City fvcESvcd the dr]Mrnevitat6n In ihEe rime wllocated, A faxed and/ar bmeded copy will not b-P accepthd, 1. Subcontractor Utllixatioq Forts, IF goal ks-me L kvelved no Inter 01an 2= p.m., on the 5 aEond CRY business day after or exceaded; the hid open ipdate exclusive of the bid open i n date_ 2. Good Falth Effort and 5ubmnuactor Rer.elved no later than 2:00 p.m„ on thQ second Ci#y business day. after Utll[ration Form, If particlpation Is IOss than the bid epFning date, exeluslue of the told opening date, —aikog4a 3, Good Faith'Effortand Subcontractor Recefued no later thaii �,at1 p.ixk,. nn the second City 4u5invs5-day after Utllintiou Farm, if no WE7 urtrcipawon; the bid upaning dater excluslve of the laid openingDpening date. 4. Prime Contractor Waluer Form, it you will Recuived no later than 2.00 p,01„ on rh@ secand City huslness day after perform all subcnrt.ractin ou p allerwaric_, t_ha bld opening date, exclusive of the bfd open I ndate- . JoTnt Venture Form, If goal fs met of fieceived on Iatrr than 2=OQ p,rn„ on the second City business day after exceoded. the bid aplmirg dateexcltj}Ive Di the bid o P ni 1119 date. CITY OP FORT WORTH 2t}2Q On -Col I PnYcnlrnt M&Tki njis C'onmwL STAMbARW COMSTRUCTION SPL'•'i_ FIC'ATION D17C MEWS Itevised.f 1:14M ry 113. Zo I4 PO 45 40-1 MINOXP Y ANSI M)MFN PUSS k]ESS ZNT0 PRL5€ 00AL PagC 2 or 2 FAILURE TO COMPLY WITH TOE CITY S BUSINESS 0IVERSITY ENTER IPIll SE OUDINANC€ WILL RESULT IN THE 131D BEING CON 51DER ED N 0 P4- RESPDNSIV E TO 5PECII-ICATI0NS. PAIWRt TO SUBM17 THE REC UIRE0 MHE DCtfiLIMENTATICIN WILL Rf-sv T IN THE BID BEING CONSIDERED N ON .-RESPON 5IM A SECCND FAILURE WILL RESULT IN THE OFF€ROR BElN5 DISQUALIFIED FOR A PER10D OF ONE YEAR. THREE FAILURES IN A FIVE YEAR P RI OD WALL RESULT IN A DISQUALIFICATION PERIOD OF THREE YEARS. Any question-,, please contilrt the M/W0E Dff Ice at (B1T� 212-2674. LTFY OF FORT WORT'li 2ON On -Curt p6turcat Murking3 elmow STANDARD,; ('C- JSTRUi r[ON SrT('JFICATION DOCUMENTS -ReVJsCd rrhMilry 10. 2015 00 52 43 - I Agreement Page 1 of 7 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on 08/11/2020 is made by and between the 5 City of Forth Worth, a Texas home rule municipality, acting by and through its duly authorized 6 City Manager, ("City"), and Bean Electrical Inc, authorized to do business in Texas, acting by 7 and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 The project for which the Work under the Contract Documents may be the whole or only a part is 17 generally described as follows: 18 Project Name: 2020 On -Call Signs Contract,: 19 Project Number: N/A 20 Article 3. CONTRACT PRICE 21 City agrees to pay Contractor for performance of the Work in accordance with the Contract 22 Documents an amount not to exceed in current funds of five hundred thousand dollars 23 ($500,000). This amount remains contingent upon the availability of funds and the availability of 24 the Contractor. 25 Article 4. CONTRACT TIME 26 4.1 Final Acceptance 27 Work will be issued on a task order basis and Final Acceptance of each task order will be 28 determined as that work is completed. Time for the overall contract shall be not more than 5 29 years or until the amount up to $500,000 unless amended, has been exhausted. 30 4.2 31 32 33 34 35 36 37 38 39 40 41 Liquidated Damages Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.1 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay according to provided chart per SC-14.02d each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance: 4.3 Renewal CrI'Y OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION RU�CTION SPECIFICATION DOCUMENTS Revised 11 09 1 1 , 9 1 f7 FG, 02 ,° 6' n� ' 11.15.17 00 52 43 -2 Agreement Page 2 of 7 42 The City may renew this Agreement for up to three (3) additional time periods under the 43 same terms, conditions and unit prices. The city shall provide at least sixty (60) days' notice 44 to the contractor of the city's intent to renew 45 46 Article 5. CONTRACT DOCUMENTS 47 5.1 CONTENTS: 48 A. The Contract Documents which comprise the entire agreement between City and 49 Contractor concerning the Work consist of the following: 50 1. This Agreement. 51 2. Attachments to this Agreement: 52 a. Bid Form 53 1) Proposal Form 54 2) Vendor Compliance to State Law Non -Resident Bidder 55 3) Prequalification Statement 56 4) State and Federal documents (project specific) 57 b. Current Prevailing Wage Rate Table 58 c. Insurance ACORD Form(s) 59 d. Payment Bond 60 e. Performance Bond 61 f. Maintenance Bond 62 g. Power of Attorney for the Bonds 63 h. Worker's Compensation Affidavit 64 i. MBE and/or SBE Utilization Form 65 3. General Conditions. 66 4. Supplementary Conditions. 67 5. Specifications specifically made a part of the Contract Documents by attachment 68 or, if not attached, as incorporated by reference and described in the Table of 69 Contents of the Project's Contract Documents. 70 6. Drawings. 71 7. Addenda. 72 8. Documentation submitted by Contractor prior to Notice of Award. 73 9. The following which may be delivered or issued after the Effective Date of the 74 Agreement and, if issued, become an incorporated part of the Contract Documents: 75 a. Notice to Proceed. 76 b. Field Orders. 77 c. Change Orders. 78 d. Letter of Final Acceptance. 79 C. 80 Article 6. INDEMNIFICATION CITY OF FORT WORTH 2O20 Ora -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised p7 �, tr 1 , 2.02.,' 6' .06. "' ."�. 7 11.15.17 005243-3 Agreement Page 3 of 7 81 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 82 expense, the city, its officers, servants and employees, from and against any and all 83 claims arising out of, or alleged to arise out of, the work and services to be performed 84 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 85 under this contract. This indemnification provision is specifically intended tooperate 86 and be effective even if it is alleged or proven that all or some of the damages being 87 sought were caused, in whole or in part, by an_y_act,_omission or negligence of the ci . 88 This indemnity provision is intended to include, without limitation, indemnity for 89 costs, expenses and legal fees incurred by the city in defending against such claims and 90 causes of actions. 91 92 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 93 the city, its officers, servants and employees, from and against any and all loss, damage 94 or destruction of property of the city, arising out of, or alleged to arise out of, the work 95 and services to be performed by the contractor, its officers, agents, employees, 96 subcontractors, licensees or invitees under this contract. This indemnification 97 provision is specifically intended to operate and be effective even if it is alleged or 98 proven that all or some of the damages being sought were caused, in whole or in part, 99 by anv act, omission or neilii!ence of the city. 100 101 Article 7. MISCELLANEOUS 102 7.1 Terms. 103 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 104 have the meanings indicated in the General Conditions. 105 7.2 Assignment of Contract. 106 This Agreement, including all of the Contract Documents may not be assigned by the 107 Contractor without the advanced express written consent of the City. 108 7.3 Successors and Assigns. 109 City and Contractor each binds itself, its partners, successors, assigns and legal 110 representatives to the other party hereto, in respect to all covenants, agreements and ll l obligations contained in the Contract Documents. 112 7.4 Severability. 113 Any provision or part of the Contract Documents held to be unconstitutional, void or 114 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 115 remaining provisions shall continue to be valid and binding upon CITY and 116 CONTRACTOR. 117 7.5 Governing Law and Venue. 118 This Agreement, including all of the Contract Documents is performable in the State of 119 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 120 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11.09,11, 9 17 12, 2."'��,' ."6-1-7-, 11.15.17 00 52 43 - 4 Agreement Page 4 of 7 121 7.6 Authority to ,Sign. 122 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 123 than the duly authorized signatory of the Contractor. 124 125 7.7 Prohibition On Contracts With Companies Boycotting Israel. 126 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 127 Code, the City is prohibited from entering into a contract with a company for goods or 128 services unless the contract contains a written verification from the company that it: (1) 129 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 130 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 131 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 132 certifies that Contractor's signature provides written verification to the City that 133 Contractor. (1) does not boycott Israel; and (2) will not boycott Israel during the term of 134 the contract. 135 136 7.8 Immigration Nationality Act. 137 Contractor shall verify the identity and employment eligibility of its employees who 138 perform work under this Agreement, including completing the Employment Eligibility 139 Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of 140 all I-9 forms and supporting eligibility documentation for each employee who performs 141 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 142 establish appropriate procedures and controls so that no services will be performed by any 143 Contractor employee who is not legally eligible to perform such services. 144 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 145 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 146 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 147 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 148 Contractor, shall have the right to immediately terminate this Agreement for violations of 149 this provision by Contractor. 150 151 7.9 No Third -Party Beneficiaries. 152 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 153 and there are no third -party beneficiaries. 154 155 7.10 No Cause of Action Against Engineer. CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 1-1.09.11, 8.17a2 2.02 I i n6 »- 11.15.17 005243-5 Agreement Page 5 of 7 156 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 157 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 158 subcontractors, for any claim arising out of, in connection with, or resulting from the 159 engineering services performed. Only the City will be the beneficiary of any undertaking by 160 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 16I whether as on -site representatives or otherwise, do not make the Engineer or its personnel 162 in any way responsible for those duties that belong to the City and/or the City's construction 163 contractors or other entities, and do not relieve the construction contractors or any other 164 entity of their obligations, duties, and responsibilities, including, but not limited to, all 165 construction methods, means, techniques, sequences, and procedures necessary for I66 coordinating and completing all portions of the construction work in accordance with the 167 Contract Documents and any health or safety precautions required by such construction 168 work. The Engineer and its personnel have no authority to exercise any control over any 169 construction contractor or other entity or their employees in connection with their work or 170 any health or safety precautions. 171 172 SIGNATURE PAGE TO FOLLOW 173 CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11,09.14, 4 1�19, 2:8244 -06. 7, 11.15.17 005243-6 Agreement Page 6 of 7 174 175 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 176 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 177 Date"). ` } 178 6oA Fi4e�:�1�,� 1W,T lc. Contractor: City of Foil Worth By: �' Au off By; Assis anager (Signature} Date � 5 2D�4 �•� �- s Attest: I (Printed Name)4;i- City Se retary' Title: President (Seal) 821 E. Enon Evelman TX 76140 Address: nL��.r•._�• M&C,,>; . b t Date: V L � Form 1295 o. _X;:i()_ City/State/Zip: Contract Compliance Manager: 2 0 By signing, I acknowledge that I am the person 9- (/ ' responsible for the monitoring and Date administration of this contract, including ensuring all performance and reporting requIr n Clint Hoover Engineering Manager Approved as to Fortin and Legality: Mack (Oct 2, 202016:39 CDT) Douglas W. Black Assistant City Attorney 179 180 AP P OVAL REC N ED: OFFR AL RECORD 181 CMY SECR 6 Y 182 183 William M. Johns% FT URTH `�' 184 DIRECTOR, !� 185 Transportation and Public Works Department CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 41.09.11, 8.17.12, 2.02.16, 006.1 i 1.15.17 186 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11.09 11, 4.1-7,12% .0 .'_ �, ' .06.'7, 11.15.17 005243-7 Agrcement Page 7 of 7 2020 On -Call Signs Contract 00 6.1 13 -1 PERFORMANCE BOND Page I of T SEEN 00 6113 2 PERFORMANCE BOND 4440132 3 4. THE STA Tr OF TE XAq § 5 KNOW ALL BY THESE PRESLrNT'& 6 COUNTY OF TA"ArI'l` # 7 That wt% _ lgg:an_ L1ectrica1.jrlc, , kjiown as 8 "Principal" herein and SureTec Insurance Comp a corpowc 9 surety(shrleties, if more tharl One) dthly aathOrixed to do b[lsinass in the Staty of Taxes, known as I`0 '`Surety" herein (whether one or more), are hold and firmly, houtid unto the City of Fork Worth, a l l m-unicipal corporation crenled pursuant to the laws of Texas, known as "City" hrrcin, ire the PMI.Kl t2 Sum of., rive hundred tlrousrhnd dollani ($500,084luwF;rl muniq of the Urrit>;:tl States, to be 13 paid in Tort Werth, Tamant County, Tcxas for the.pnylnentof which sutra well and truly to lac 14 made, we bind ourselves, our heirs, executers, Mini nistrators. successors and ass3glns, jointly rind 15 wvzr rally+, rirrnly by thane lYlvsants, 16 WHEREAS, the Principal has entured into n c:eMiin Wd[ten 0entractwidl the.cCty 17 a ardiA the Uffida of August , 2020, whrah Cor�ttact is hcrcby referred to and 18 rnade a pair hereof For a I purposes as 1F fully setfor[lr herein, to Furnish a]I materials, aquipinent 19 labor and other accessories defined by law, In the prosecution of the Work, including ar,y Change 20 Orders, as provided for in said Contrai�t dog ipaled es 2020 Oji-Uall $tans Contract, TPW. P rotect 21 Igo, N/A. NOW, TIM, REFORE, the condition of this obIi tiorl is sw�h that if the said Principal 22 shall faithfihlly+ perfnrm it obIiptivm arider flie Contract and shall in all respwls duly and 23 fafthfuIly poribrrrh the Work, includicg.Cl'hmige Orders, under the Coral-ac� according tq the plans, 24 specifications, and oentract documents therein referred to, and its well dtrring €arty period of 25 extension of the Contmot that may be granted on the part ofthc City, thou this obligation shRII be 26 and become null and void, otherwise to rerhrain in full farce and effect. 23 PROVIDED FURTHER, that ifany legal action he fled en this Barad, ven ie ralmlI tic in 28 T arrant County, Texlis or the United Sta.tos D istriflt Court f9v tha Northern District of Texa s, Fart 29 Worth Divisign. CITY GF I'Ci ZT WORTH 2020 Cin-calll SiD15 03rllTact STANDARD CSONSTRUCnON SP130FIOATIONS DOCUNIE TT RAvi"A July 1, 2011 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compiittace with the provisions ofChapWr2233 of the 2 Tens Govemment Code, as amended, end all liabilities on this bond shall be detarnilned in 3 accordance w1th tha pmvis ono of raid mawe, 4 IN WE"I'1 ESE WHEREOF, the Principal and the Surety have SIGNED a13d SEALED 5 this itisCrurnont. by duly authori ag es-nnd ofcea-s on this [he 11 th day of 6 September ,, 2Q 20 , 7 d 9 1(? I1 l� 14 1S 15 17 1S 15 24 2.1 22 23 2- 25 26 27 28 29 30 31 32, 33 34 35 36 37 38 39 40 41 42 43 44 45 A n,, (p ei�aai) rotary itnes .S to Survey Muni Rabat, Bond Aito nt MaWq PRINCIPAL, Heat Iectr' c .x By; 1 tL" Name and TitIC Addruss: 821 E Enr~,q F(%rt rrh, TX 76141 Addreas, 2255 Ridge 1?d. , Stie. 333 �rfKW all Ty ii 87 Telephone Number. 972-772-7220 *Note, If signed by 4.n officer of the Surety Company* there trtum be on file a certified extract frairt the Icy -taws showing thac this perm has authority to sign such obligation. if Surety's physical address is diiforent from its mailing address, both rr u% be provided. The date of the bond shal l riot be prior to tine date tho Conitact is awarded. CITY 01j !•okT WORTH 2020 on -Cal I Signs CQatyKat STANDARD CONFYRUCTIGN SPEC'IRCA'11ON5 DOCUA413NT Risv.imdJul y I,20II 00GlJ4-1 PAYMENT BOND Page 1®f 2 i SECTION 00 6114 z PAYMENTBOND 4440132 3 4 T]EEE STATE OF TEXAS 5 KNOW AILL BY TRESE PIMEN O-S: 6 COUNTY OF TAltRAN � 7 That wo, Bean Electrical. Inc. known as 8 "prl noiW' horoin. and SureTer Insurance Company 9 corporate surety (suretie8), duly authori7xd to do bxtsincss in the State of "Texas, known as 10 "Surety'' heraias ( hothor vne or mare), are haW.and fi mly bound unito lha City of Fart Worth, a l 1 municipal corporation areated porseant to the lawn of the State of Texas, known as "City" Wreh4 12 in die penal stern of five hundred thnusand dollar& ($560,00 la rul money of tie t nhod 13 States, to he paid iti Fort Words, Tarrant County, Texas, for the payment of which sum well and 14 truly be made, wo bind UwiolyW, our heir&. oxeo tto , adminkatralor.�, successuiv and sssfghs, 15 jointly and se-veraily, fmnly by th= ps7c =Is: 16 .WI3.F,BASF Principal has entered into a ceilain writtan Contract with City, awarded the 17 -LWL day of. Amust , 202o , which Conti -act is hereby refen-ed to and trade a '18 pati hereon' for all purposes as if belly set forth hamin, to furnish all materials, egtoipmVnt, ln4rnr 1.9 and other s assones as defined by law, in the prosectittion of the Work ns provided for in said 20 Conti -act and designated a 21120 Qn_CaCl_ arts _'ontratit. j pW Pl.0reg U., � 21. NOW, 'r' ERTi FORE, THE CONDMON OF TI•liS OBLIGATION is such that if 22 Principia shalJ pay sfI mvnfes owing to. nny (and all) payment bond b,-nvfioiary CQs deFtmatl !rt 23 Cliapter 2253 of the Texas Government Code, as amendod) in tht pi-asewti Oil of the Work under 24 the Contras, than this oblip pion shall bH� and t7'4`OOML"1 rltlll and void; otherwiso to remain in rult 2:5 fare and effect_ 26 This bond is made and exceutO in compliance with the provLMoris of Chapter 2253 of the 27 Texas Government Code, as ainttided, and all liabiiides on this band shall be determintd In 28 ac.coi-c anee with the pravisioas of said s#atute, 29 CtTYvF roRT WORTH 2no on- all Sigh cuntma STANDARLD CUpis MUCfJON SPMr-lCA'rIr)MS 00CUMEKM Ravlssd July Z, 2011 0061 14 - 2 PAYMENT BOND Page 2 of 2 i IN WITNESS WHEREOF, the Principal and Surety have ewh SIGNED and SBALED 2 this instrument by duly �wthorixed agents and ollicers on this the 1.1th dmy of 3 September , 20 3U 4 ti 12 (1'HMipal) §tCMtery MOP 5 tO i'rirlcir-.kHC AT MST: MA (Surety) Secrdtary Witness as to Surety Muni Rabah , bor:d Account Mlampr I'!il71 L4 4LI LU 116M. 21 E inn Fort Worth, TX 745140 12-hLmy *Hass, Amm -in-1 act Name and Title Address: 55 Ridge. iict.. Ste. 331 i1= dn,,- , TX 75087 Telephone Number: 972-772-7220 e Note: If signed by an dfft= of the, Surety, theme must be on file a certified extract frQrn the hyla vs showing that this person has authority to sign such obligation. if Sitrety's physical address is different hors► its mailing address, both Feint 1�m provid6d_ The data of thu band &ha11 not b6 prior - to tho date the Cbntraet is awedled_ END DT SECTION CITY €Dr FMT wolt7'J4 200 CtF� Call sigs.Gontract STANDARD CONSTRUCMN SPECIFICATIONS DCyCUMFNTS Rovimd Add I, 2a11 00£t 19-1 ivlaMTENANCE BOND Page 1 of I SECTION 00 6119 2 MAINTENANCE BOND 4440132 3 4 THE, STATE OF TEXAS § 5 § KNOW ALL. BY TRESE P,L# , E `►'S.: COUNTY OF TARRANT § 7 8 That we Bean EIectrical Inc kitpwiT as 9 "Principal" herein and �SimpTec Insurance Company _ _ '= ai corporate:-stoaty 14 (s;:reties. if more than one) duly authorized t du bta.sine-," in the Slate of Texas, known as 11 "Stitety" herein (whether one or maiv), are held and firmly bowed unto the City of Full Worth, a 12 ❑ unielipaI ccrporaioa created pnisuant to the laws of the Mate of Texas, k aown as "City" hitrein, 13 in the, suns of rive hundred thousand (SS64,006), law f'uI money of the united States, to be. Paid 14 In )Fort Worth, Warrant County, Tom, for payment bf Which sum well and truly be made unto the 15 City -and its succasscm, we bIrid ourwlvcS, bui• heirs, executors, adininistratols, successors and 16 as9igns, jointly and severally. Emily by these: presents, 17 A W14;i;REAS, the Principat km entered into a certain wrihen contivet. with the City awarded 19 111a tth day of _.A,; "t _ , 2t1:o , which. Centrant is hereby 20 refierred to Lane! a made part horeoffor -slI purposes as if fully sit forth i t.rmin, to fumish ill 21 mat.,�rials, qu ipm ont labor and other accessories as defined by law, in the pro=ution of thw 22 Work, includirig any Wark Pus uMing from ai duly authori7xd Change Order (collectively herein, 23 the " orW" a.a provided fear in said cone--e and des ignaled as 2020 Dri-Cal I S iggs Contract, 24 'i'l W Project Rio. -N/A 25 26 WHEREAS, Prilioipal bindq itself to use such triateriAJs and to so oonsirud t1w.Wark 1ri 27 accordance with the plans, socoffications find Contract DoeumeIs that ilic Work is and rov111. 28 mainin flee from, defeats in materials or workinanship for and during the period of two (2) years 29 after [lie date trfFiral Anwoptanoe of thff Work. by the City (" Maintenance Perlad*); and 3.0 31 WHEREAS, Principal binds itself to repair orreconstriict the W.prk in whole Or in part 32 upon rmaivlm7g nottoa fiDm the City oftha need Ihareforat any lime within thEI I5 $1tIURIWice 33 Period. 34 CJTY OF FORT WORD-1 2020 OuyCaII Signs C:gntract STAN Or'LW CO?~IBT Llr.7ION SFW sfCAVON L=L MPNI RaYEscd Inly I, 2W 1 00 6.1 19 - 2 MAMTENANCE BOND 114Le2af3 1 NOW THEREFORE, the condition of this obf gation is such that if PrinzipaI shall 2 remedy any defective V. ark, for which 6nkely notice was providad by City. to a corn plation 3 satisfactory fo the City, than this 01igation 5ball beeouic null and void; otherwise to rt in*i✓n in 4 full Iiirae and efl*euL 5 6 P 0VDDF D,'A0WRV i<1t,- ifPrinci aI shall fail so to mpa r c)r recomtruct any thnaly 7 noticed dg0wive Work, it is ag -wd fat tl,e City may cause any and all such defective: Work IO 8 bo repaired and/ter mconstrktc�tcd witli all associated costs thereat`` Ding borne by the Principal and On,- Swety under this Maintenance band, and 10 I PROVIDED FUR'iIECuR. that if any legal antion.ba filad on this .rand, Yznuc shtili lie in 12 Tarrnnt County, Texas ar the United StnteE District Court fbr the'Northem District ref `l'ms, Pott B Wvlh Division; ,and 14 1S PRODDED FURTHER, that tlu;5 obligation shall be continuous in nature and 16 SUCCtwive recoveries may ba had Gerson for sucgv: ivc brtnauhu5. 17 18 19 CITY OF PORT'NOlt'rH 2020Ork-CalI Signs ConW&a# STANDARD CONSTRUMON SPWIF1CATION DOCINEN R"Lwd Juix I, 21]11 00 6:1 19 - 3 MAINTENANCE BOND Page.3 of.3 I IN WITNESS WHEREOF, thu PA -ci} i marl ;=r,p uroty hava oach 31G LD and SEArYED this 2 instrumaaal by dilly alltl priz a agents and ofFtcors on this floc . tlthday of &e tembee .—a,, 20 20 4 5 6 7 8 9 10 I AT EST': 1.2 13 14 Frinci i f etwy Is 16 17 to 19 20--W%rIe staPiindpa1 21 22 23 24 25 26 27 28 29 ATTEST, 30 31 MA 32 (Stucky) Secretary 33 35 Witness as to Surety . 36 Muni ttabah , Hong] Accaum iManager Z.� lama and Title Address; 821 g 6raa.� — Font Wur 1.h jZ tit 0 SURETY: $ Y: ]o)inny Moss, Attoraq- in- Fact 0ame-and 'Title Addrem; 2155Rid Rockwall, TX 751 F7 Telephonic Number; 972-772.7220 37 *Note- I sign by An offi"r of the Surcyt} Compwiy, there tnul t be on file a certified extract 38 from the by-lnws showing that this person ltas whority to sign such obligation. If 39 Stirtaky.'s physical address is dif'f'erenL front its maUiag address, bath roust b� provided, 40 T1ia bate of the bond shall not be prior to the dma t]ia Contract is awarded, 41 MY or- PORT WDRTR 2020 Olt -Call 5igns-C.orOract STANDARD CONSTRUCTION SPKIFICNi'TON AOCI fWN 1ZinVised ]qly 1, 2011 SureTec Insurance Company THIS BOPS® RIDER CONTAINS IMPORTANT COVERAGE INFORMATION FORCE MAJEURE RIDER The obligations of the Surety and Principal under the Bond or Bonds to which this Rider is annexed are subject to the following limitations and conditions, to wit: that, it is a condition precedent to their liability hereunder that the contractual obligation (the contract or subcontract, as the case may be, being referred to in this Rider as the "Contract") between the Principal and the Obligee underlying this Bond includes (or shall be considered amended to include) a Force Majeure exclusion holding that the Principal and its Sureties shall not be held liable under this Bond or under the Contract for any impacts, delays, defaults, or damages related to Principal's work arising from, or related to epidemics, pandemics, medical emergencies, supply line interruptions, or natural disasters impacting the work required by the Contract, regardless of where such events occur, acts of God, terrorism, war, acts of government or administrative suspension, limitation, or shut -down, or the direct or indirect consequences or aftermath of any of the foregoing, and the Contract further provides that the Principal shall be entitled to an extension of the Contract Time and an equitable adjustment of the Contract Price, as a result of any of the exclusions heretofore cited. In the event the provisions for force majeure, time extensions, or equitable adjustment for time and money are more favorable to Principal in the Contract, than in this Rider, the more favorable shall apply. Revised 3-2009 ureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http:/Iwww.tdi-texas.gov Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider8/2019 POF11Y 4221049 JONTLIMITED POWER OF ATTORNEY JCNOW ALL MEN BY Company, a {'nrparallon duly organized and axfsling vndar [he saws 4f tho Rs it ixf Tfom and havrog Its PrInclPX1 afcr In the tuW=IV of lirrrris. TRxxR and Markel IaFuraimx rompamy fthe'Cola pany'l, a oarporatlan duly ofgFnizad and 1-!Wng under 1ho laws #f Lfig Rule of I+3fnals, D W ha ving kr irrinclpal Ydnhl4[wlrQft mite rn pten AiICrl. YrrNpla. doef by 11cole gwmantt mtl . cCn:littlte and aullrtratl Tarry 1= mo. day Jordan, Jolirmy Mays, a;aven W. Som-.1. F? and Jr Shills, NA1118 heels, Jairemy Barnett Roma 1 _ Kanu1(1, Jabs Parser, Jennlfea Qzineroa, ,farrelr VyF:i ten, Jaak N(Adnghdm Their Lrue and lam almit(o and Vttamey(slln-!act, Each In Ihelr lepeate eapxky It imam ttiorl one Is rydmeti queue, its make, exeeuht, seal' wed it ellw;al rar and on their owls behalf, IndlieldwadIV aR w yu7itV pr jokal`yr Ai co"swutle;, and as their xct and deed any end air baAds and other undertaking In au. . ctyshlp provided, however, that the:penaf turn ofarryoneMMtrJnstrureelit e,[aeuled herasmdershall not axcaad chip sum or. Five M119013 and 1611 W Collars ( 5,�UO.Ix7tl,170} This Power of AiroM0yr1Fgrarllad and [iFlgnadand HaledunderAnd by the authority or the Lollawing Resal'udcxi Adapted by We nwid Iif Olmctarr of.5ure7ec Insu.nrice,tompanyand Marlrel llkJWPMCvPmmpRmyi 'RE80LVED, That the Rresydnni, SFnlor Vlee Fmldee, Utz Ffuidthr Asslµan I Vkc Prerid9rrt, Swriury, iroasuror Arno r *0 Of 13Lilm hrr, ebV Is arrtlutrtr. d tp elteeut* powers-uf'attorney. 0w;UsUGh il-410 Ltv rail bo r"CrAlsd tryjuleof racilmlle flparcrle. whith IRayt}E amesieitor mkilawlRiked bV any ollicei ori4ioulay. orll.e company, qualifying the,attommy or 111tormw nameif in the gYran pwAr dr Atiomory, to zxir rx In behalr cl�, and ar•+naWIoQFQ a F lh* ask ynd deed of Lho SuraTet Insurance rompany'and Markel WuninrA Company. as 1hs Case rimy be, all bond undertal[lege and cantr&clk of wearilihIp, and co ahlx the "pPrate aE dl !hereto." IN WITNESS WHEREOF', Markel:lnwrance Campwly end SureTet Insurarlco Corrspa rq have cauaea'tl,elr oillcral seal in be Ikereni^143 affixed and lhase areiarrti W be signed'by their duly authorized orRrrrs tm um fair day 71 Mali , phn - Sure'lec Insurance Company OJAMithaaPC.Kafmlg.:president Commonwealth of Virginia County of lic *a 35, jj � r4Tarkel lhLYtae,rL�Oirn, PfJrSy �;{rF A S BEAL1 fi '' 44L4FI ` }w �r�rrrr¢„uryt`t RdNni Ikpso. Senior lure Praaltrenr On this xiu. dairaf Mrgh - Rua A. G_ befnrema p Nptaiypuhir� 4rtlra CPrnrijcnwei3th of VirgInli, In pad For ON County of HanrlCordul'V Chnvafsa'Mvd2pnd gaaflfied, came THE AQOVF OrFKIRS OF ttM COMPARIES, to me pYraanaaly known la be kha indlyrdrals and Wkers dar,crlbed In, who ixerurad kha preciaing Instrument, and Choy YctmovAWIled the elctcut4oq of s4+ue. 61hrW64 by me Irldyiwarot, ehlpomd and mid thattltaywe the of&ersof l4v Bald compiviIN Barmaid, a nli 14:at;'ho senate affixed 5a the p, matON1 Inilharmun ore tiro CarOarara Scab of Fllyd CcPrnpinlr:6 and tiiR 1ald Urp4rFt! 5"1`3 Alid rhedr Slgm2cLdts 41 offirar; wire duly affixed and FLlb1trlhed W [h4 Gild Inttwwnt lay the owthwky Y1td dlractiol4 al ilke r,ehd eonrliFnlei. Arid that Re2alutlorts idaplld f':'r Ow lloWdr Of Dl'rectors of said CU'Impinllt-7rcferradtoInlhepreeedinginlbsrnenlrlmow inform. * ytFyrr111rr,rr Fe IN TESUNKINY-WHF.REW,1 hive herauota apt MY f Indr aqa il{Igd n,X,t V C�}�f t{enrim, the day Arrd pair rust abW yWritlen MY5 J COMry1lfOtwl 8ti"- �12 lJUI flEfw ptsnna d'aravanl, Murary Fubllc7083JSr}4tk wndnIm on evokes 113v2au � We, the undardaned t3lfrrpriar Suroieclnaurancaoenpany anc+Mar1Q2rbyctlRf yfhYt Giro Or�EInel rQLhlt Of ATTODNEV of vAridi Use foregoing 1s-A sup, true And corp at# copy b sllM to full foie?: a rid t feel and itlf fr I I y yhed, �t'ri5 IPy IN WITNESS WH@ MUF, we hove hereunto lark our hands, and afFixrR t'ha soaLi of Bald Comtrerilas, an the ]IL day of Sept cal icr �- Sul ec Imur to [ Sn t3y M. Rr . t.8ea.ty,.Asslsiant Secrete Mar".' Inouraarca cnrmiariy ) � r-) a,r 3 Richilod R-Grtnnan, Vi:cFrvsWwl arldSecr pry Any lnstrument.Isiued.in:exceii al the genallp t'lalad ah9w N tatallr,kld and smhoyt any wrillLy. 4ulelr For verif elitionofthe.authority.orchill Pourer�LwmayrA10131612-NWSul err/il:Amine;sdbybelween8;30AMand5WI'MCST. POLICY NUMBER:TB2-Z91-471905-020 COMMERCIAL GENERAL_ LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of insurance: If coverage provided to the additional insured is required by a contractor agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of insurance shown in the Declarations. SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an 'occurrence" or "occurrence" or offense, to provide additional insured offense. status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:TB2-Z91-471905-020 COMMERCIAL GENERAL LIABILITY CG 2010 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURE® - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION! This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s)shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, inwhole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed: or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organixation(s): 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part ofthe same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III -- Limits Of Insurance: If coverage provided to the additional insured is required by a contractor agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; SCHEDULE whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Location(s) Of Covered Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an 'occurrence" or "occurrence" or offense, to provide additional insured offense. status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 0 Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2—Z91-471905-020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL] IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1, Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization Item 2. Blanket Additional Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section II -- Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires, 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage, The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 56 11 18 02018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This insurance does not apply to: a_ Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" Included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional Insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or `property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, Including: LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc„ with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, held orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", Involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture., Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered In Paragraphs 1. through 5. above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising Injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only If the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 58 11 18 d 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2. of Section It — Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 9. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products -completed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV -- Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit". LC 20 58 11 78 © 2018 Liberty Mutual Insurance Rage 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: T62-Z91-471905-020 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1. Reasonable Force Item 2. Non -Owned Watercraft Extension Item 3, Damage To Premises Rented To You — Expanded Coverage Item 4. Bodily Injury To Co -Employees Item 5. Health Care Professionals As Insureds Item 6. Knowledge Of Occurrence Or Offense Item 7. Notice Of Occurrence Or Offense Item 8. Unintentional Failure To Disclose Item 9. Bodily Injury Redefined Item 10. Supplementary Payments — Increased Limits Item 11, Property In Your Care, Custody Or Control Item 12. Mobile Equipment Redefined Item 13. Newly Formed Or Acquired Entities Item 14, Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I — Coverage A -- Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non -Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by thefollowing: (2) A watercraftyou do not own that is: (a) less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You —Expanded Coverage A. The final paragraph of 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: LC 32 19911 18 © 2018 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office. Inc., with its permission. Exclusionsc. through n. do not apply to damage by fire, lightning or explosion or subsequentdamages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits Of Insurance. B. Paragraph 6. of Section III —Limits Of insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to anyone premises, while rented to you, or in the case of damage byfire, lightning, expfosionor subsequentdam ages resultingfrom such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied byyou with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" frSection V — Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission ahe owner is not an "insured contract"; D. The paragraph immediatelyfoflowing Paragraph (6) of Exclusion j, of Section I — Coverage A— Bodily injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire. lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limitof insurance applies to Damage To Premises Rented To You as described in Section III —Limits of Insurance. item 4. Bodily Injury To Co -Employees A. Paragraph 2. of Section 11 —Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liabilitycompany) or your managers (if you are a fimitedliabilitycompany)) or "volunteer workers"are insuredswhilein the course of their employmentor whileperforming duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership or joint venture); (3) To your members (if you are a limited liability company); or (4) To a co -"employee" or "volunteer worker" while that co -"employee" or "volunteer worker" is either In the course of his or her employmentby you or whileperforming duties related to the conductof your business (including participation in any recreational activities sponsored by you), Paragraph 2.a.(1)(a) of Section II — Who Is An Insured does not apply to "bodily injury" for which insurance is provided bythis paragraph. LC 32 199 11 1B 02018 Liberty Mutual Insurance Page 2 of 5 Includes copyrighted material of Insurance Services Office, Inc.. with its permission. B. The insurance provided by this Item 4. for "bodily injury" to a co -"employee" or "volunteer worker" will not apply if the injured co -"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or anysimilar law. C. Otherinsurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As insureds A. Paragraph 2.a.(1)(d) of Section If —Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury" and "personal andadvertising injury" that: (1) Arises out of the providing of or failure to provide professional healthcare services; and (ii) Occurs in the course of and within the scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B. With respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I -- Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contractor agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act orfailure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added td5ectlon V —Definitions; "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians odesignated first aid personnel. D. Other Insurance The insurance provided by this item 5, is excess over any other valid and collectible insurance available to the insured, whether primary, excess. contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the"occurrence" or offense. LC 32 199 11 18 0 2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive officer"or "employee" that you have designated to give us notice. Item ti. Unintentional Failure To Disclose Unintentionalfailure of the Named Insured to discloseall hazards existing at the inception of this Policyshall not be a basisfor denial of anycoverage afforded by this Policy. However, you must report such an error or omissionto us as soon as practicableafter its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Item 9, Bodily Injury Redefined The definition of "bodily injury" inSection V — Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sickness or disease sustained by a person, including death resulting from any of these at anytime; and b. Mental anguish. shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type ofinental or emotional illness or distress. Item 10. Supplementary Payments — Increased Limits Paragraphs 1.b. and i.d, of Section I -- Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidentsor traffic law violations arising out of the use of anyvehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assistin the investigationor defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Item ll. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability are deleted. B. Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and S. of Section Ill — Limits Of Insurance, the most we wiIf pay for insurance provided by ParagraphA. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limitfor this coverage applies to all damages as a result of any one 'occurrence" regardless of thenumber of persons or organizations who sustain damage because of that "occurrence", The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. LC 32 199 11 18 m 2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services office, Inc., with its permission. D. Other Insurance This insurancedoes not apply to any portion of a loss for whichthe insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipment" in Section V —Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II —Who Is An Insured is replaced by the following: 3. Any organization you newlyacquire or form, other than a partnership or joint venture, and over whichyou maintainmajorityownershipor majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization However: a. Coverage under this provision is afforded only until: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I -- Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section I -- Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV -- Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policyfor injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 32 19911 18 @ 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of insurance Services Office, Inc., with its permission. Policy Number: AS2-Z91-471905-030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number: AS2-Z91-471905-030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations II. Employees as Insureds III. Lessor -Additional Insured and Loss Payee IV. Supplementary Payments - Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII_ Additional Transportation Expense and Cost to Recover Stolen Auto Vill. Airbag Coverage IX, Tapes, Records and Discs Coverage X. Physical Damage Deductible - Single Deductible XI. Physical Damage Deductible - Glass XII. Physical Damage Deductible - Vehicle Tracking System XIII. Duties in Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV. Worldwide Liability Coverage - Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage - Broadened Coverage for Designated Individuals XIX. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXIII. Waiver of Subrogation NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident' which occurred before you acquired or formed the organization. AC 84 0/ 11 17 © 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 11. EMPLOYEES AS INSUREDS Paragraph A.I. Who Is An Insured of SECTION 11 - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.I. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury' or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a "leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.S. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. Vill. AIRBAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion BA.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 07 i1 17 OO 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Are your property or that of a family member; and (2) Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE —GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee". b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 0711 17 © 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suit". If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suit' and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit' without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The most we will pay for coverage afforded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". 2. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph AA.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto'; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION 11 - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 0711 17 O 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph 5.1. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member'. D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual or by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V - DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. This coverage does not apply: 1. While there are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered 'loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COIifltifilON POLICY CONDITIONS is changed to: 2. We may cancel or non -renew this policy by mailing written notice of cancellation or non -renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non -renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non -renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non -renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII. LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENTA CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXFII. WAIVER OF SUBROGATION Paragraph A.S, in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 0711 17 © 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Premium Liability Physical Damage Total Premium XVIII. Drive Other Car LIAR MP Name of Individual XX. Notice of Cancellation or Nonrenewal Name and Address Schedule Um Ulm COMP COLL Number of Days AC 84 0711 17 © 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shal connection with work perforated for the above described. 4. Advance Premium: I be 2.0 percent of the premium developed on payroll in person(s) or organization(s) arising out of the operations Issued by Liberty Mutual Fire Insurance Company16586 For attachment to Policy No.WC2-Z91-471905-010 Effective pate Issued to Bean Electrical, Inc. Premium $ WC 42 03 04 B © Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 06/01/2014 All Rights Reserved, STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febma y2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1— Definitions and Terminology.......................................................................................................... I 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology..................................................................................................................................6 Article2 — Preliminary Matters......................................................................................................................... 7 2.01 Copies of Documents.................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work.......................................................................................................................... 8 2.04 Before Starting Construction........................................................................................................ 8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting.............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 Article 3 — Contract Documents: Intent, Amending, Reuse ................... 3.01 Intent.................................................................................... 3.02 Reference Standards............................................................. 3.03 Reporting and Resolving Discrepancies .............................. 3.04 Amending and Supplementing Contract Documents.......... 3.05 Reuse of Documents............................................................ 3.06 Electronic Data..................................................................... .........................................I.....'......... 8 ......................................................... 8 ............................... 9 ......................................................... 9 .......................................................10 .......................................................10 .......................................................11 Article 4 Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5 --- Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6 -- Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 6.02 Labor; Working Hours................................................................................................................ 20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties........................................................................................................... 26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations................................................................................................................. 27 6.11 Taxes...................................................................................... 6.12 Use of Site and Other Areas....................................................................................................... 28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection.................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communication Programs.............................................................................................30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals.....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services.............................................................................. 34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination.......................................................................................................................35 Article 7 -- Other Work at the Site................................................................................................................... 35 7.01 Related Work at Site..................•................................................................................................ 35 7.02 Coordination................................................................................................................................36 Article 8 - City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor................................................................................................... 36 8.02 Furnish Data................................................................................................................................ 36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements; Reports and Tests................................................................................... 36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals.............................................................................................. 36 8.07 Limitations on City's Responsibilities....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program... ... I ........................................................................................ 37 Article 9 - City's Observation Status During Construction........................................................................... 37 9.01 City's Project Manager............................................................................................................ 37 9.02 Visits to Site................................................................................................................................ 37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed.......................................................................................... 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnimy2, 2016 Article 10 - Changes in the Work; Claims; Extra Work................................................................................ 38 10.01 Authorized Changes in the Work.......................................................•.......................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders....................................................................................................... 39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety.................................................................................................................. 39 10.06 Contract Claims Process.............................................................................................................40 Article 11- Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 41 11.01 Cost of the Work......................................................................................................................... 41 11.02 Allowances........................................................................................... ............................. 43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time................................................................. 46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays.................................................................................................. .....47 Article 13 -- Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects........................................................................................................................ 48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections........................................................... ..........48 ............................................. 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work...........................................................................•---..............................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period...................................................................•....---.............................................50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work............................................................................................. 51 Article 14 - Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title.................................................•-•--•............................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment........................................................................................................ .................. ....56 14.08 Final Completion Delayed and Partial Retainage Release........................................................ 56 14.09 Waiver of Claims........................................................................................................................ 57 Article 15 - Suspension of Work and Termination........................................................................................ 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause................................................................................................... 58 15.03 City May Terminate For Convenience....................................................................................... 60 Article 16 - Dispute Resolution........................................................................................... ........61 ................... 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmmy2,20I6 Article17 — Miscellaneous.............................................................................................................................. 62 17.01 Giving Notice.............................................................................................................................. 62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies................................................................................................................. 62 17.04 Survival of Obligations................................................................................... .................... 63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnimy 2, 2016 007200-1 GENERAL CONDITIONS Pagel of 63 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda ----Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement —The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment —The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder —The individual or entity who submits a Bid directly to City. S. Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw City's on-line, electronic document management and collaboration system. 12. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT'WORT14 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmmy2,2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or Ms duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18, Contract Claire A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract CIaim. 19. Contract The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnumy2,2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day -- A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works -- The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings --That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Felnuuy2, 2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements --Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum)_, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans -- See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2Q16 007200-1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project —The Work to be performed under the Contract Documents. 53, Project Manager —The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours -- Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of SubmittalsA schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of ValuesA schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60, Site —Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor= —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of apart of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 007200-1 GENERAL CONDITIONS Page 6 of 63 63. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febm y2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 7 of 63 I. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 -- PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnkffy2,2016 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS. INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations I. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: I. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary 2, 2016 00 72 00 - I GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page I I of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Februaty2, 2016 007200-1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground FaciIities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmmy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before fiarther disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data fi fished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. if an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehnimy2,2016 007200-I GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnny 2, 2016 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. if after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laves and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06 G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnimy2, 2016 007200-1 GENERAL CONDITIONS Page 16 of63 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents_ Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehmmy2,2016 007200-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. S. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmy2,2016 007200-1 GENERAL CONDITIONS Page 18 of63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. U. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either parry or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's .Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum Iimits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2, 2016 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 --- CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnkry2, 201b 00 72 00 - 1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor, WorkingHours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNJ I NTS Revision: Fehnmy2, 2016 007200-1 GENERAL CONDITIONS Page 21 of 0 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Februay2, 2016 007200-1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work- 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) wiIl identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: . City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuvy2,2016 007200-1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febm&y2, 2016 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6,07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febany2,2016 00 72 00 - t GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a parry in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbniuy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses arc anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2, 2016 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall bb subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and infon- ation may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. hllp://www.window.state.tx.us/taxinfo/taxforms/93-fonns.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniuy2, 2016 007200- 1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Clain be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work.- During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the cleanup on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monics due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebrLoy2,2016 007200--1 GENERAL CONDITIONS Page 30 of63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies andlor Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehnny2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.1 S.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebnmyZ2016 007200-1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary 2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2, 2016 00 72 00 - i GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACTS OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febniary2,2016 007200-1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended.- Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the ,Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF TORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 2016 007200-i GENERAL CONDITIONS Page 36 of63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 -- CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue ail communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANbARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febmary 2, 20I 6 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is < insert name here or his/her successor pursuant to written notification from the Director of < insert managing depar-z,.7eni here ` . 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2, 2016 007200-t GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A_ Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnoy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01 A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febwary 2, 2016 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.62. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehmary2, 2016 007200-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE I1— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febnmiy2, 2016 007200- I GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0 LA.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. S. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary 2, 20I 6 007200-I GENERAL CONDITIONS Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. .Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY Or FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2, 2016 007200-1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 -- CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.0l.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon., the intent of Paragraphs 12.01.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbn a y2, 2016 007200-1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.013; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. 1f Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 — TESTS AND _INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor_ Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febmary2,2016 007200-1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D- 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof-, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnk9ty2,2016 007200-1 GENERAL. CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. 1f Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY Of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnoy2, 2016 00 72 00 - i GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmiy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 52 of63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications fop Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmwy2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment.• Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a setoff against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 20I6 007200-I GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final -Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Feba ary2, 2016 007200- 1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d, affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not Iimited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retannage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuuy2, 2016 007200-1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or Iiabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 007200-1 GENERAL CONDITIONS Page 58 of 63 15,02 City May Terminate far Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1, if the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 007200-1 GENERAL. CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. d. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnimy2, 2016 007200-1 GENERAL CONDITIONS Page 60 of 63 15.03 City .May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmy2,2016 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not Iater than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 -- DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 007200- 1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution proccss; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 1.7 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the Iast day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WOR113 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 007200-I GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2,2016 007300-1 SUPPLEMENTARY CONDITIONS 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page I of 7 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SE 2.02 2.04., "Preliminary Matters" MOBILIZATION FEES. The emtragwi- shall br 711awM to chnr t: a mobiilgatian fee Lsp�mte hid ite-rLl t th _rnOnthlV vtFork ardc, s value is le s th[iii lfJ,[iO4} pet rriuniil. No mot ilj�tion fee ;will �u p;�jid If nc _Agj► or ur is j%giod dgrint' a tnonlh., SG3.014B.1., "Amending and Supplementing Contract Documents" All work orders installed for the City of Fort Worth under this service contract will be authorized and ordered through the Transportation and Public Works Department regardless of the department requesting the work. The work order shall consist of a list of work sites and corresponding line item quantities. The work order will also indicate any restrictions on work hours per work site. The work order will indicate if the quantities are estimated or drawn to scale. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01 A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 7 I SC-4.01A.1., "Availability of Lands" 2 3 The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of 4 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER None TARGET DATE OF POSSESSION The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations, SC-4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of EXPECTED UTILITY AND LOCATION OWNER None TARGET DATE OF ADJUSTMENT The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous'Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A., "Certificates of Insurance" CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 2020 On -Call Signs Contract 00 73 00 - 3 SUPPLEMENTARY CONDITIONS Page 3 of 7 1 The entities listed below are "additional insureds as their interest may appear" including their respective 2 officers, directors, agents and employees. 3 4 (1) City 5 (2) Consultant: None 6 (3) Other: None 7 8 SC-5.04A., "Contractor's Insurance" 9 10 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 11 coverages for not less than the following amounts or greater where required by laws and regulations: 12 13 5.04A. Workers' Compensation, under Paragraph GC-5.04A. 14 15 Statutory limits 16 Employer's liability 17 $100,000 each accident/occurrence 18 $100,000 Disease - each employee 19 $500,000 Disease - policy limit 20 21 SC-5.04B., "Contractor's Insurance" 22 23 5.0411. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance 24 under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with 25 minimum limits of 26 27 $1,000,000 each occurrence 28 $2,000,000 aggregate limit 29 30 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the 31 GeneraI Aggregate Limits apply separately to each job site. 32 33 The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. 34 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 35 36 SC 5.04C., "Contractor's Insurance" 37 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under 38 Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 39 40 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 41 defined as autos owned, hired and non -owned. 42 43 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 44 least: 45 46 $250,000 Bodily Injury per person / 47 $500,000 Bodily Injury per accident / 48 $100,000 Property Damage 49 50 SC-5.04D., "Contractor's Insurance" 51 52 The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and 53 material deliveries to cross railroad properties and tracks: 54 CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 00 73 00 - 4 SUPPLEMENTARY CONDITIONS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Page 4 of 7 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.041) of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) Gene ai Aggregatp, (2) .Each Orcprreuse: S orrfr Llnri'rs -ts llb Raffrvad nErgViredfor #hk rw ontract Not required fiw As Corr mrl -e!Pr(wide a.►r "noxrto the ufjffrrovtriaie sdecnon rftre briWan tyre Conir.rctrawdremenss? With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. CITY OF FORT WORTH 2020 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 007300-5 SUPPLEMENTARY CONDITIONS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Page 5 of 7 SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: Wage Rates adopted 10/29/2013 by M&C C-26534 SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 1. Street Use permit SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: SC-6.09C. "Outstanding permits and licenses" The following is a Iist of known outstanding permits and/or licenses to be acquired, if any as of 08/04/216 Outstanding Permits and/or Licenses to Be Acquired OWNER .PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION Done SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority None SC-8.01, "Communications to Contractor" None SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Quenell Johnson or his/her successor pursuant to written notification from the Director of Transportation and Public Works Department. SC-11.04A-D., "Plans Quantity Measurement" Actual quantities may vary. Contractors are advised that the quantities shown on the work order are estimates. During the course of a job, the City reserves the right to increase or decrease the total estimated quantities of individual line items. Unit costs will not be adjusted to reflect changes in quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 2020 On -Call Signs Contract 007300-6 SUPPLEMENTARY CONDITIONS Page 6 of 7 1 2 SC-13.03C., "Tests and Inspections" 3 4 None 6 SC-14.02D., "Uquidaft d DfpFri uges" 7 8 ➢f tho work order is not completed within the Et Ioiled number of working days, liquidated darnngfs will lxi 9 1Nvlthlbeld k the awouws shown beJow and described in Se.tion 1.36.1 of the latest editinn of the Nonk 10 Central Texas Council of Govcmnient's Standard Speglf cations For Public Works C.onstnlation. where tho 11 contract amount wi ll be equal to the anipuat ofthe, work order. 12 Amount of Work Order (S) f nlow3t of Liquidated Damages ($'I U_u iLim I 3,000.0a 60.00 Per Day. .5,000,00 to 14,999.99 80.00 per Day G5,000.0 to --)_4.,999_TJ C1 All Per day 25;000,0a to 49,999.951 12U11 per doF 50.0W.0.0 111 99,9w,951 160.0i1 1-ca. Up ltiti:l? '00 tci I'Do0,1100.0a 240.00 per du} More than 1 t{l{}{},I1i10_{lCi 500-011 Per d€�) 13 Additional days will be granted at the discretion of the City due to inclement weather to complete the work 14 order. Time suspension requests for weather delays will not be required. Weather days will be determined 15 by the Engineering Manager or Designee and will be tracked on a monthly calendar. 16 17 If the Contractor believes circumstances (other than weather) outside his control will delay progress on a 18 particular work order, contractor can initiate a request to suspend time. The Contractor must submit such 19 requests to the City in writing (via e-mail, fax, or letter). Suspensions of time will be granted on an 20 individual work order basis. Calendar days will be counted against each monthly work order until the 21 Contractor makes a time suspension request. 22 23 If all items for all work sites ordered on the monthly work order are not completed within 50 days of the 24 issuance date, Iiquidated damages will be withheld from the retainage fee in the amounts described above 25 under "Delays, Extension of Time, and Liquidation Damages". Change order shall not affect the obligation 26 of contract time frames for material procurement or work completion. Contract time limits, material 27 procurement time frames, and contract pay items will be adjusted at Engineering Manager's discretion. 28 29 SC-14.02E., "Payment" 30 31 On the 25' day of each month, the Contractor shall prepare invoice(s) for payments of work performed. 32 All invoices are to be submitted to the Engineering Manager or Designee, Transportation and Public Works 33 Department, 5001 James Ave, Suite 301, Fort Worth, Texas 76115. The invoice must contain dates of 34 installation, work site locations, and corresponding quantities for line items installed. 35 First Inspection: The Engineering Manager or Designee will conduct a visual inspection of each work site 36 on the monthly work order. No payments will be made for a work site until all items ordered for the site 37 are completed. If all items are completed and meet the specifications, payment will be made with an 38 automatic 10%retainage fee. 39 40 Second Inspection: Within 30 days of completing the work, the Engineering Manager or Designee will 41 conduct second inspections to field verify actual quantities. The amount of the retainage will be released 42 based on the difference between the invoice quantities and field verified quantities. 43 44 Work order sites with scale drawings will be paid using quantities shown on the scale design drawing. CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 007300-7 SUPPLEMENTARY CONDITIONS Page 7 of 7 1 2 3 4 SC-16.01C.1, "Methods and Procedures" 5 6 None 7 8 9 10 I1 12 13 14 15 I6 17 18 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH 2O20 On -Call Signs Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 , THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2013 PREVAILING WAGE RATES (Commercial Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ 16.83 Acoustical Ceiling Installer Helper $ 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee $ 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder $ 15.27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician (Journeyman) $ 19.63 Electrician Apprentice (Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer $ 18.00 Floor Layer Helper $ 10.00 Glazier $ 21.03 Glazier Helper $ 12.81 Insulator $ 16.59 Insulator Helper $ 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14AS Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ 12.00 Metal Installer (Miscellaneous) $ 13.00 Metal' installer Helper (Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Page 1 of 2 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Steel Worker Structural $ 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators Concrete Pump $ 18.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel $ 19.31 Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Truck Driver $ 16.77 Welder $ 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012) Independently compiled by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The Construction Association) website. www.texoassociation.urg/Chapter/wagerates.asp Page 2 of 2