Loading...
HomeMy WebLinkAboutContract 55489THIS COPYIS FOR: CSC No. 55489 THE CITY OF FORT WORTH, TEXAS NEW FIRE STATION 45 PMD2018-12 CITY PROJECT # 101660 FORT�ORTHo BETSYPRICE MAYOR CONTRACTOR CITYSECRETARY PROJECT MANAGER PMD FILE COPY DAVID COOKE CITY MANAGER Steve Cooke Director, Property Management Department James Davis Chief, Fire Department RPGA Design Group RJM Contractors, Inc. March 2021 Instruction to Offerors Cityof Fort Worth-Fire Station 45 �FFICIAL REC�RD CITY SECRETARY FT. WORTH, TX From: Gatewood. Sophia D. To: McDonald, Vicki Cc: Ramirez, Priscilla; Strong. JB; Glass, Brian R.; Diestel. James Subject: RE: FIRE STATION 45 PROJECT #101660 M&C 21-0156 Date: Monday, March 22, 2021 3:29:28 PM Attachments: Certificate.odf imaae002.�nq image003.png imaae004.�na image005.�ng Approved. Thanks, Sophia Gatewood, CPCU, ARM-P, AIC, AINS, FCLS Property & Casualty Manager HR/ Risk Management � (817) 392-7784 � 8 (817) 392-5874 City of Fo�t Worth — Working together to build a strong community. ��l�T �V� RT� Follow Fort Worth r:��l� : From: McDonald, Vicki Sent: Monday, March 22, 2021 9:58 AM To: Gatewood, Sophia D. <Sophia.Gatewood@fortworthtexas.gov> Cc: Ramirez, Priscilla <Priscilla.Ramirez@fortworthtexas.gov>; Strong, JB <John.Strong@fortworthtexas.gov>; Glass, Brian R. <Brian.Glass@fortworthtexas.gov>; Diestel, James <lames.Diestel@fortworthtexas.gov> Subject: FIRE STATION 45 PROJECT #101660 M&C 21-0156 Please review and approve the certificate of insurance for the Fire Station 45 project. Thanks. �lC� .i�C�(!tJ?iJ � Adminstrative Assistant Property Management Department 401 West 13th Street Fort Worth Texas 76102 817-392-2586 vicki.mcdonald�fortworthtexas.gov City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, March 2, 2021 REFERENCE NO.: M&C 21-0156 LOG NAME: 21 FIRE STATION 45 CONSTRUCTION SUBJECT: (CD 7) Authorize Execution of a Construction Contract with RJM Contractors, Inc., in the Amount of $4,610,775.00, Including an Owner's Construction Contingency Allowance for the New Fire Station 45 Located at 1901 Quail Grove Drive and Provide for Administrative Costs in the Amount of $605,710.00 for a Total Project Cost of $6,400,000.00 (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of a construction contract with RJM Contrac amount of $4,610,775.00, Including an owner's construction contingency allowance for the new Fire Station 1901 Quail Grove Drive and provide for administrative costs in the amount of $605,710.00. DISCUSSION: The new Fire Station 45 will be located in north Fort Worth at 1901 Quail Grove Drive. This new fire station 2018 Bond Program and will primarily serve the population growth area in north Fort Worth. The City issued Proposals and received 15 proposals for the project from general construction contractors. Seven of these f the required "Post Proposal—Pre Award Submittals" to be further evaluated by the City. Those firms were: . Crossland Construction Company, Inc. . HM & HF, Ltd d/b/a/ Muckleroy & Falls . Northridge Construction Group, LLC . Nouveau Construction and Technology Services LP . RJM Contractors, Inc. . Scott Dennett Construction, LC . SDB, Inc. d/b/a Contracting Services The seven complete proposals were reviewed by members of the Fire Department, M/WBE Office and the f Management Department and were evaluated for best value based on the criteria set forth in the Request fc The selection team recommends award the construction contract to RJM Contractors, Inc. Criteria Proposed Price Score MWBE Office Review Proposed Schedule Referen HM & HF, Nouveau RJM Construction Scott Denr tractors, Ltd d/b/a/ and Constructi Inc. Muckleroy Technology LC & Falls Services LP 57 51 7 5 5 II 5 13 II 14 .� � � 56 5 5 10 Crossland Northridge Construction Constructio� Company, Group, LLC Inc. 55 48 7 5 4 5 12 8 http://apps.cfwnet.arg/ecouncil/printmc.asp?id=28708&print=true&DocType=Print 3/3/2021 Experience Past work in the City of Fort Worth TOTAL 8 9 90 84 5 83 5 84 � m The overall project costs are expected to be as described in table below: FIRE STATION 45 Land Costs ral and Enaineerina Desian Construction Contract (RJM CONTRACTORS, Inc., including $200,000.00 as Owner's Construction Contingency Allowance) Project Administration Cost: Project Management, Survey, Bid Advertisement, etc.Site Utilities, IT, Security, Project Management, Continaencv. FFE. Etc. PROJECT TOTAL 6 72 TOTALS $956,870.00 $226,645.00 4,610,775.00 $605,710.00 6,400,000.00 This project is included in the 2018 Bond Program. Available resources within the General Fund will be use interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reim General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by t Council. Building Maintenance - Property Management Department anticipates the annual operating impact for ma associated with this project, beginning in the second quarter of FY 2023, to be $92,943.00 annually. Waiver of Building Permits - In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Wc Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on property under the cont Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or approved by City Council with notes in the contract packages stating the fee is waived." Schedule - Construction is planned to begin during the second quarter of Calendar Year 2021, with an antic completion date during the third quarter of Calendar Year 2022. M/WBE OFFICE - RJM Contractors, Inc. is in compliance with the City's BDE Ordinance by committing to 1 participation on this project. The City's MBE goal on this project is 10\%. The new Fire Station 45 is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropr 2018 Bond Program Fund for the Fire Station 45 project to support the approval of the above recommendat execution of the contract. Prior to any expenditure being incurred, the Property Management Department h� responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO http://apps.cfwnet.arg/ecouncil/printmc.asp?id=28708&print=true&DocType=Print 3/3/2021 Fund Department Account Project ProgramActivity Budget Reference # mount ID ID Year �hartfield 2 FROM Fund Departmen ID CERTIFICATIONS: t Account Pro'ect Pro ramActivit Bud et Reference # mount J 9 Y 9 , I ID � Year (Chartfield 2) Submitted for City Manaqer's Office bv: Originatinq Department Head: Additional Information Contact: Dana Burghdoff (8018) Steve Cooke (5134) Brian Glass (8088) ATTACH M ENTS 1. 101660 FS#45 Budqet Summary.pdf (CFW Internal) 2. 1295.pdf (CFW Internal) 3. 21 FIRE STATION 45 CONSTRUCTION FID TABLE.xlsx (CFW Internal) 4. 21 FIRE STATION 45 CONSTRUCTION Funds Available.docx (CFW Internal) 5. Fire Station 45 Aerial.pdf (CFW Internal) 6. PMD2018-12 Fire Station 42.pdf (CFW Internal) 7. SAM RJM Contractors Inc.pdf (CFW Internal) http://apps.cfwnet.arg/ecouncil/printmc.asp?id=28708&print=true&DocType=Print 3/3/2021 Z W W () � � � � Q W a� W J Z ��O z � � � W J W � m Z �~ 0 �am H W � � W — OU �a a � W > � 0 W N Q a� Z O � H J d. � j O u� (! � W � � rn O LL � LL U 0 a` � o r o � 0 M O o 0 X i V 4: � Q � o o p C �rumiLL � O � yj �� - N N ro � O N � � C m I� � 1� Oi � -a OC. N~M� O N M (�p i C p dr M U p � f0 p U a� N� � H U z° m a fn � a O � U � � � U � J r � = 0 0 M O _ r o 0 V X y h N N b � N y ���L¢i � R M � = � X O�J N� N M r � U = F � m � � n � ro N � a M M t"1 0 �� c p � d ��ml�� � C y � o �U p LL 0 O � V try try u'1 � � o ¢ � � 0 M N Y co x� o ro � d � ^ LL � � �' O �ol� - Opf an0 � V O� r o� E OD M y �HI��'� l�0 M T c� � @J a �n p� o mo��� e r V m �ro� �, v � �� �a ' m � � � � y � c a a �O 16 J G M N o � �� o x E o 0 0 p C/ �^ Q o o M �y O i� �'� O N U O N � p 41 TxNI� Vi p � � y fn ��o r v 16 N N T J~��� M M 1 j � U o � oc:i��� v �O p � 7 O N omc� °o � G � L � m � � � � � � o� � z '> v "' "' �' y � N J � Q N � � � T N N O 4? r O O O Q � � � i+ fn O O O p a � o � 2`�o�i�'n c c o !6 ��/1 y p Q- LL �� m � � a � 3 W a � —y o��m� �o 0 0 � W Q Q� 3�rv� � o �n r� Y o�' M O M U � o�nN� 3 7 � � cn =° U i a�i � m C O U w w t» O � � O 0 N � O N N pjf N r � � � w � � m W � w F � O W aOrn u " . d # O N N a a` o d 0 � i ? a a a m ¢ W N U � � V C O ?+ l=p O O T O O u a o ,�, a Q � a C f6 U N C �n d '� o d O !y0 U O C m N a �� a+ d o O m U N Q000000 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O W V ��I�h O � � M � 7 N � wf»wEnwf» N QO O O O O O 0 O O O O O O O O O O O O W O�f��T� 1[INf�h�lf N M hM MOOI� f��MM f0 V ������ N Q000000 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O� N wn�v�a°po N a ������ � QO O O O O O 0 O o O O o O O O O O O O O O O N� f O O Y7 O f0 M� 1nf�0010T N�ONQ7Y7 a0 � �L1 M N a ������ � QON�LIOM� 0 O O O O O O 000000 000000 O O O O O O OMOO�f1o0 �c�r�aiao� ��aOM a N a w�w�w� � W Q �###�#Z addddd� z�a�o�aR�a� � C C C C C J Wr�r�ra ~----- QaaaaaQ � O vi i � 0 z 0 0 a Z W W () � j � � Q W a� W J Z ��O Z � � � W J W � m Z �~ 0 �am H W �-' � W — d J OU �a a � W � � � W l!7 O a z � O � H J � Q Q O � O � W � � � rn O LL � LL u 0 a` � N � � o Q n M N Y d o � V - � O � � 7 ��o u' �2 ai �° „a0.� � o !0 N �� � M O O � O �- p� �^ d oo M � ly r' M cYi r M (p '� � rr a o J ��m � LL7 LL � r � � O LL O �' '� M � = y y VT N � } N V 0 M C _ � O o� o x o 0 0 � �I�ryLL �`- O N � u o � o n � ` � � N O N N � � 9��� B O f N T d� i h � N M � V marN£ a o C v�mra � �o � o N � m � �O R O � w w �A O1 C } � Q � ` O 0 M ro � � � � O o p O " o � U y rn�� o 0 m y . a a � o Q V � m r� � �D �D N � y � a��o � M " m mr °0 n rn ay� N a � �° a a °' � �, a � c a 00 w«A «A v� c y o � � } � � 0 M OC � r �' o N N O �`° �n ia o M M O �(� O�� o� N � M � O r C J u� N m �' � M u7 !0 N p -V, _ � n O Of O � U N�°� o a c — � o w u a � '� � �� Z Y y � '> v a d, d, v� } o V � 0 M C � � � y y � N - O N � N �C N lL1 m � c v °'`�� � �i a � F tll � ` � ln N � N f� � W "O � I/J � N� N N M � O ~ w a o Oa� 9 a rn U °' � 0 o E m m � y � R E w w � O � � O 0 N � � N N otj N ti r � � W � � m w � w H PL V W aOv� ii d � # O yi y d a` c d c . � a` a m Q N VJ u � °� c�i c 0 3 m Z N a O O O O � 7 a o ,�, a Q � a C lC U N C w m '� o d o � o a rn m U O C " a` .c d d o O 00 U � QO O O O O O � O O O O O O O O O O O O oaovr��c 000f �LI M� �OV VN� {Cao hOi ON � ll70D� �M M � ������ � QO O O O O O � O O O o O O O O O O O O O O O O O O O O O O O O 0000 N �LI O ln OD 01 OD O 1� f0 M lf7 � N � ������ N Q� � N O O � � O O O O O O 0000vv, 00000eo�o f0 N f0 a0 � f� I���N 1� ooaoeocaiv OfaOMM N a uawuawuaw � Q��u>u�oLO Q M O O O O O O O O O O O O 000000 oaooaa oinva�or � M N a0 � fV N� MN Na0 a uawuawuaw N aN�L1NOM� � O O O O O O 000000 000000 NOOOOIl7 N�Ou70N MQf N�N1� �� N� I�M a �w�w�w y W H W � N M� N a �itik###Z Q N N N N N� z �o �a �o �a �o � � c c c c c� W�r�r�a ~----- QaaaaaQ H O vi i � � z c � a Z W W () � ; a' °-' Q W a� W J Z � � � Z � ~ � W J W ~ m Z � ~ C �/ 0 c ` m H W � � W — OU �a a � W � � � W LL7 O v � O � H J Q Q O N Ci� w � LL rn O u 0 a` C O N � � C O c � V > T m � H « A � W W 0 � � 0 N � � � � � M C O ? `o V(1 N o o Q � c >u`�'��� 2 p O N � N T Ql��r�i � o N N � = C � x�� � M N N � IC = N N�>. t0 1� lL1 U a �o � c� co �e Ot M �y T E d� r N rn V M Y p W`—° a� N �[7 � V o o `' @� a) N m � O Fq Fq VT y � Q � � M :.i d O � J � � � ° o o p >n�ll v; 1� Nj � Q i m x� c�o-�o M o M N N � 'a ��n� N r N — �' c+� � a Ot M (y .� � o � M � M m � � ro r � l!7 a � r � N � N LL y �q �q VT a � y u� O o� Q M U'� � �� _ � o � � x Q O1 0 0 � o � 7 ~� � o' Q n �LI � U �= N�� O O Q � = J W= N O � Cap M � O O Z��N e N V o `-°m�� uS rn �� �� -a � � o Z O w w yr Z J � a � 0 M y o r X >� X� o � � � � r� l�i 'n N N f� C N m m u� � N 7 � � O ,r,a� �^m �o o n -o H �p o <o t0 00 M (p i � o �� o a � H ���� a _ �'= �` 0 0 � U " r T 3 d r v Y ° ,A ,A v' } o rn U 0 M f0 y �L J � � J=� x m oo m W � � �- � m LL`m o� od r C E� N m o� O E n � M N � O L N� N � 1fj a0 � Q � �` Z� W O C 1� M � c v N r a `o in � �, N �o •. uS � O N d W L y U °' C7 �J 2 w w «� 0 N � � N N otj o � N r� � W � � m W � W H aOvWi ii d � # O yi y d a` c d c �° � ? �'o a a m Q m v� u � °� c�i c 0 3 m Z N a O O � O O � 7 a o u�i a Q � � a a c y = o � `o a a� m U O C " a` _ O 00 U � QO O O O O O � O O O O O O 000000 O O O O O O O O O O O O O O O O O O fCNM�� � ODLL7�M N N � ������ � QO O O O O O � O O O O O O O O O O O O � � N T O � N f0 V � f0 � i0 T W W OD fOf��M 7 M p HfAHfAERER � Q000000 C O O O O O O 0 0 0 0 o O O O O O O O O O O O O O O O M M O f0 lnLnTNf� a0 1� � N M N N a u> w u> w�ss u�a }000000 QO O O O O� M M M M M � O O O O O O O O O O O O O O O O O O O O O O O O ONY7�lA M 1�0�00 N � � N M N a u> w u> w u�a u�a N �u�000u�� Q� N M �� � � O O O O O O 0 0 0 0 o O O O O O O O 00 M000 O O T � O � �Oa NOO M �O N M M N � a u� w u� w u�a u�a � W N Q � # # # � # Z a�«�«�� Zmtamtam� � c c c c c � w :� °' :� °' :� Q F = _ = _ = QaaaaaQ � O vi i � 0 z 0 0 ¢ NOTICE TO OFFERORS Proposals for the New Fire Station 45 located at 1901 Quail Grove Driwe in Fort Worth Texas will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort Worth, 76102, until 1:30 P.M on Thursday, October 15, 2020, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options ior a scope or time modification and any price change associated with such modification. The last day for questions from prospective Offerors is at 5:00 PM on Friday, October 9, 2020. A Pre-Proposal Conference will be held at 10:00 A.M., Tuesday, September 29, 2020 at the Bob Bolen Public Safety Complex at 505 West Felix Street, Fort Worth, Texas. The offers will be valid for ONE HUNDRED TWENTY (120) calendardays. Estimated construction cost is approximately $4,200,000.00. There are fiwe Alternates. The Offeror will add a 7.5% Owner's Contingency Allowance on a separate line item on the Proposal form and only the Owner will approve the use of this allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth. This Allowance is not to be included in the Base Proposal and will not be used in the Best Value selection process. Refer to the evaluation matrix for the selection of the Best Value Offeror in the Instructions to Offerors. Refer to the Request for Proposal documentsforthe Minority Business Enterprise (MBE) Information. MBE participation will be evaluated in awarding this Contract. The MBE participation goal is 10%. Offerors must submit the attached Best Value Utilization Form within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Also, Referto Section 2. MINORITY BUSINESS ENTERPRISE (MBE�(BESTVALUE PROPOSAL� in the Instructions to Offerors. Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability arid Statutory Workers Compensation Coverage. If you intend to submit a Proposal, request you inform the Project Manager orArchitect/Engineer who can then inform the interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The construction documents are not available at the City but may be viewed and printed on-line by cutting and pasting the following link into your browser: https://docs.b360. autodesk. com/shares/e29758ca-08de-46af-8826-833c4e0cd284 Contact the Project Manager, Ronald Clements, at (817) 392-8014 or email Ronald.Clements(a�fortworthtexas.govfor assistance. For additional information contact the Project Architect, Javier Lucio, at (817) 332-9477 x 207 or email jlucio(a)rpqaarchitects.com Advertisement: September 17, 2020 September 24, 2020 Instruction to Offerors Page 2 of 33 Cityof Fort Worth-Fire Station 45 TABLE OF CONTENTS • PROJECTCOVER PAGE • NOTICE TO OFFERORS • TABLE OF CONTENTS • INSTRUCTIONS TO OFFERORS • PROPOSALFORM • CONFLICT OF INTERESTAFFIDAVIT • CONFLICT OF INTERESTQUESTIONAIRE (CIQ) • CONFLICT DISCLOSURE STATEMENT (CIS) • TEXAS SALES AND USE TAXEXEMPTION CERTIFICATE • 2013 PREVAILING WAGE RATES • WEATHERTABLE • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (separate attachment) • CONSTRUCTION CONTRACT • PAYMENTBOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • PROJECTSIGN Instruction to Offerors Page 3 of 33 Cityof Fort Worth-Fire Station 45 INSTRUCTIONS TO OFFERORS PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation ofthe response to this Request for Sealed Proposals: • Use the Proposal Form provided below. • Entries on the Proposal Form may be handwritten or typed. • Write in contract duration if not specified. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Forrn CIQ and Form CIS if required.) • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent ofthe total of the bid submitted. • In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) hawe obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed Price (60 points)—The lowest priced responsive Proposal will receive 60 points for this rating criterion. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price, the higher priced proposal will have its score reduced by one percent of the available points for ewery percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. Proposed level of MBE participation (10 points). 3. Proposed project schedule (5 points) — Proposals should include a general schedule showing the amount oftime necessary to complete the project, critical path, major phases of the work, and major impacts on the project. This is to demonstrate an understanding of the project and the most efficient justifiable time. The best schedule demonstrating the most complete understanding ofthe project will receive 5 points. All others will be graded accordingly. Instruction to Offerors Page 4 of 33 Cityof Fort Worth-Fire Station 45 4. References/Experience (15 points) - References and experience of the Offeror as demonstrated by listing past and current projects including references with names and current telephone numbers; and, list of subcontractors if applicable. 5. Past Work in the City of Fort Worth (10 points) — Points shall be awarded for experience working on similar projects within the city limits ofthe City of Fort Worth. Contractors with no experience in the City of Fort Worth will receive 5 points. Contractors demonstrating strong experience will receive more than 5 points. Contractors with poor examples may receive less than 5 points. 6. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to negotiate a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY BUSINESS ENTERPRISE (MBE�(BEST VALUE PROPOSAL� BUSINESS DIVERSITY ENTERPRISE (BDE) ORDINANCE MINORITY BUSINESS ENTERPRISE (MBE) PROVISION: All proposers shall note that the Business Diversity Enterprise Ordinance (Chapter 20, Article Xof the Fort Worth Code of Ordinances, as amended) was adopted to ensure the full and equitable participation of Minority Business Enterprises (MBEs) in the procurement of services $50,000 or more. The Minority Business Enterprise (MBE) diverse goal on this project is 10%. Proposers must obtain MBE listing from the City of Fort Worth's Office of Business Diversity at (817) 392-2674 or email mwbeoffice(c�fortworthtexas.gov. This will ensurethat Competitive Sealed Proposal firms are acknowledging MBE firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or the Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and accepted by the City of Fort Worth at the time proposals are submitted, in order for the participation to be counted towards the established diwerse goals. The firms must be located in the City's six (6� county geographic marketplace that includes the counties of: Tarrarit, Dallas, Denton, Johnson, Parker and Wise. A Minority Business Enterprise is defined as a business concern located in the Marketplace meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minoritv persons; and b. management and daily business operations are controlled by one or more minority persons who own it. The business must be certified prior to recommendation of award in order for the participation to be counted towards the established goal. Instruction to Offerors Page 5 of 33 Cityof Fort Worth-Fire Station 45 Offerors must submit the best value utilization form within 5 business days of submitting their Best Value Proposal. If an Offeror is certified as a DBE, MBE, SBE or WBE firm, please be aware that the City's Ordinance does not allow a certified company to count itself towards the established goal; the goal represents subcontracting opportunities. If an Offeror (regardless of certification status or if a non- D/M/S/BE), however, forms a joint v�enture with one or more MBEs, the MBE joint v�enture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages jam v�entures. If Offeror failed to meet the stated MBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts yourfirm made to secure MBE participation. Failure to submit the MBE participation information orthe detailed explanation of the propose�'s Good and Honest Efforts to meet or exceed the stated MBE goal, may renderthe proposal non- responsive. The MBE plan will be part of the final weighted selection criteria. 3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above). The Proposal Security must accompany the Proposal and is subject to forfeit in the event the successful Offeror fails to execute the contract documents within ten (10) days after the contract has been awarded. The Proposal Security shall be included in the envelope containing the Proposal. Failure to submit the Proposal Securitywill result in the Proposal not being considered for this project. Offeror's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of proposals, unless the Offeror agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENTBONDANDPERFORMANCEBOND: Forprojectsinexcessof$25,OOO,thesuccessful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted a- required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. Instruction to Offerors Page 6 of 33 Cityof Fort Worth-Fire Station 45 If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. PRE-PROPOSAL SITE INVESTIGATION: Priorto filing a response, the Offeror shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity ofthe work to be performed and materials and equipment required. The filing of a response by the Offeror shall be considered evidence that it has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserv�es the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project. 8. POSTPROPOSAL-PREAWARDSUBMITTALS:Offerorsarerequiredtosubmitseven(7)copies of the following information to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-2586), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: • Minority Business Enterprise Documentation (for proposals in excess of $50,000) • Contractors Qualification Statement (AIA Form A305), including client references • List of current projects & past projects built within the last 10 years, including owners' and architects' names with coritact information for both current & past projects. • Proposed Subcontractors and Suppliers • Project Schedule • Schedule of Values (Breakout by CSI Divisions) • Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications ofthe subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Should an Offeror find any discrepancies in the drawings and specifications, orshould it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the place designated fordistribution ofthe Request for Proposal Documents by the Notice to Offerors. The Contractor is responsible for determining 'rf addenda are available and for securing copies prior to submitting a response to this request for sealed proposals. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because offailure ofthe contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibilitytoobtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof Instruction to Offerors Page 7 of 33 Cityof Fort Worth-Fire Station 45 that Workers Compensation Insurancewill be obtained, mustbe submitted within five working days of bid opening. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown othennrise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the Base Proposal. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities within the property line ofthe project. Unless indicated otherwise on the plans, the contractorwill be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the Offeror. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands oflike nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. 19. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website (www.ethics.state.bc.us). The business eritity that wishes to enter into the contract must supply the completed, signed and notarized Form 1295 to the City. 20. Any oral communications are considered unofficial and non-binding with regard to this proposal. Instruction to Offerors Page 8 of 33 Cityof Fort Worth-Fire Station 45 PROPOSAL — Fire Station 45 (revised 10.7.2020) T0; MR. DAVIp COOKE CITY MANAGER AiTN: PURCFlAS1NG OFFICE 2Q0 TEXAS STRE�T CITY OF FORT WORTFl, TEXA$ FOR: Fire Station 45 1901 Quait Grove Qrive Fort Warth, Texas Project PMD2018-'i2 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount af wark fo be dane, and hereby proposes to do a11 the work and furnish aA labor, equipment and materials necessary tn fuily complete aH the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transpor#ation and Public Works of the City of Forf Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, iurnish acceptable Performance andlor Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF [7�MS $ yro � s. � Base Proposal �0 Calendar Days g?DO� oaa �'owner's Contingency Allowance (7.5°l0) added to Base Proposal (This A1lowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approve the use of this Allowance during construction. Any AVfowance remaining at the end of construction will be retained by the City of Fort Worth). � L��l �`�� Base Proposal Pius Owner's Contingency Allowance ALiEKNA7'ES — Add Alternate No. 1- Three (3} Four-Fold Daors $ �� � �• A� Irternate Rraposa{ Calendar Days Add Alternate No. 2- Install stee! tube with sun shades and pre-cast stone bases b+ $ �_ ��! Atternate �roposal � Calendar Days Add Alternate No. 3- Install RTU Screen Wa1! � $ �a�Q, Alternate Proposal Calendar Days Instruction to Offerors Page 9 of 34 City of Fort Worth-Fire Station 45 1 Add Alternaie No. 4- Install tl�ree (3) f3ig Ass Fans ai the Apparatus 13ays and two (2) I�ig Ass 1=ans at that Pafio c0 f $ ���,� � A�terr�ate Proposal � Calendar Days Add ,4lternate IVo. 5- InstaH two (2) Helios Canopies $ i� 5o�,0o Alfiernate I'ropo�al ° Calendar Days 11Nli #�RlCES A. For IAICREASE af drilled pier shafts, complete with drilling, excavation, concrete, and reinforcing: 1. For 18" diameter piers: ADD � 1��0o per linear foot B. For pEGREAS� of drilled pier shafts, complete wikh drilling, exca�ation, cancrete, and reinforcing: 1. For 1$" diameter piers: DEbUCT; 7.92 per iinear foot Note: Deduct price shall be rninimum 66% of add unif price. C. For 1NCREASE of drilled pier shafts, complete wi#h drilling, exca�aiion, corscrete, and reinforcing: 1. For 30" diamefer piers: AD� 30.5o per linear foot D. For �ECREASE of drilled pier shafts, complete with driffing, exca�ation, concrete, and re€nforcing: 1. For 30" diam�ter piers: DEDfJCT: � zo.i s per linear foot Note: Deduct price shall !�e minimum 66% of add unit price. E. For INCREASE of drilled pier shafts, cample#e wi#h driiling, exca�ation, concrete, and reinforcing: 1. For 24" diameter piers: ADD 20 5o per linear foot F. For DECR�ASE of drilled pier shaf#s, complete with drilling, excava#ion, concrete, and reinforcing: 1. For 24" diameter piers; QEDLfCT: $ 13.52 per linear fao# Note: Deduct price shall be minimum 66% of add unit price. G. For ADpITION of temporary metal casings for cfrill�d pier shafts: 1. For 1$" diameter piers: Add: 6a.ou per linear faot G. For ADDITION of temporary metal casings for drilled pier shaf#s: 1. For 30" diarrteter piers: Add: s�.00 per linear foot Instruction ta Offerors Cify of Fort Worth-Fire Station 45 Page 10 of 34 G. For ADDITIDN of temporaiy meta� casings for drilled pier shafts: 1. Far 24" diameter piers: Add: � 85��Q per linear foot The undersigned agrees Eo compleke the Work wi#hin the cal�ndar days specified abo�e after the dake of Notice to Proceecl. A Project Schedule will be submitted as requirec� in the lnstruckions to OfFeror. The Ciiy reserves the right to accept or reject any and alf bids or any combination tl�ereo# proposed for the above wark. The unc�ersigned assures that its employees and applicanfs for empioyi�nent and those of any labor organization, subcontractors or employmer�t agency in �ither furnishing or referring �mployee applicants to the undersigned are not discriminated against as pi�oi�ibited by tlie terms af City Ordinance 7278 as amended �y City Ordinance 7400 (Fort Wqr#h City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 S�ssion of the Texas Legisiat��re passed f�ouse Bill 620 relati�e to the award of contracts to non-resicEent bidders. Th� law pro�ides tha#, in order ko be awarc€ed a contract as low bidder, non-resident bicEders (out of state co�tractors whose corporate offcEs or principal place of business are outside af the 5tate of Texas) that bid projects for construction, impro�ements, suppli�s or services in Texas at an amount �ower than the lowest T�xas resident bidder by the same amount that Texas resideni bidder would be required to underbid a non-resident bidder in order to obtain a compara6le contract in the state in which the non-resident's principaf place of business is located. The apprapriate blanks in Section A must be filled out by all non-residen# bidders in order for your bid to meet specificafions. The fa�lure of ouf of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Sec#ion B. A. ��� Non-resident ��ndors in (give state), our prineipal place of business, are required to be percent fower than resident bidders 6y state law. �_� Non-resident vendors in (give statej, are not required ta unrierbid resident bidders. B. �=(r Our principal place of business or cor{�orate affices are in the State of Texas. Within fen (10) days of receFpt of notice of acceptance of this bid, the successful bidder will execute the formal co�tract ancE wi]I deliver approved Perfarmance and Payment Bands for the faithful perFormance of this contact. The attached deposit checK in the sum of 5ee Altacheci Bond Do�lars (� � is to becorr�e tl�e praperty of the City of Fort Worth, Texas, or the attached Bidder`s Bond is to be forfeited in the event the contract anci bonds are not executed vvithin the time sei forth, as liquidated damages for delay and additianal work caused thereby. Instruction to Offerors Page 11 ot 34 City of Fort Worth-Fire 5tation 45 � MiNORITY BUSINESS E€VTERPl�ISE (Mf3E): (�or Proposals in exc�ss of $50,000) I am aware that I must submit information to the Director, Praperty Management Department, concerning the MBE parficipaiio� with�n FIVE 8U5iNESS �AYS of submittal af this Proposal in order ta be considered RE5PON51VE. Respectfully submitted, RJM Contractors, Inc. Company Narn� By: 5�nature�`� ��' K�nny B� rs Printed �fame of Principal /�C�dl'�55: 7�1� Benbrook Pkwy Street Vi�e President Title Benbroolc Texas 76126 City Zip Phone: 8�7-s��-os�t FaX: 817-377-0973 Email: kbuyers@rj-miller.com Receipt is acknowledged of the fo�lowing addenda: � AdcEencfum f�o. 1:�%� Addendum Na. 2: `;;� �7 � Addendum No. 3: '✓ Addendum �o. 4: '�� Addendum No. 5: Addendum No. 6: Addendum iVo. 7: Addendum No. 8: Addendum Na. 9: Addendum No. 10: � r 1� � � Instruction to Offerors City of Fort Worth-Fire Station 45 Page 42 of 34 b CONFLICT OF INTERESTAFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a CityofFort 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 C1S Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. http:!: www.ethics.state.tx.us�forms. CIO.pdf http:�!'www.ethics.state.tx.uslformsiCl S.pdf QCIQ 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: RJM Contractors, Inc. gY: Kenny Buyers Company (Please Print) 7616 Benbrook Pkwy Signature: Address Benbrook, Texas 76126 Title: Vice President City/StatelZip Instruction to Offerors City of Fort Worth-Fire Station 45 (Please Print) Page 13 of 34 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This quesUonnalre reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Govemment Code. An offense under this section is a misdemeanor. � Name of vendorwho has a business relationship with local governmental entity. N/A 2 � Checkthisboxifyouarefilinganupdatetoapreviouslyfiledquestionnaire.(Thelawrequiresthatyoufileanupdated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of local government officer aboutwhom the information is being disclosed. Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B foreach employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendoi'? � Yes � No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? � Yes a No 5 Describe each employment or business relationship thatthe vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local govemment officer serves as an officer or director, or holds an ownership interest of one percent ormore. s ❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 Signature of vendor doing business with the govemmental entity ate Ir�buptjp�tAd6t��nnpi6exas Ethics Commission www.ethics.state.tx.us Page 14 of 34Revised 11/30/2015 City of Fort WoRh-Fire Station 45 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code & 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. 1 LOCAL GOVERNMENT CODE � 176.0031A)12)IA) AND (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: s.s (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor, (B) hasgiventothelocalgovernmentofficerorafamilymemberoftheofficeroneormoregifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. .2 LOCAL GOVERNMENT CODE � 176.0061A) AND IA-11 (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entiry, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmentalentity. (a-1) The completed conFlictofinterest questionnaire must be filed with the appropriate records administrator not later than the se� enth business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contractwith the local governmental entiry; or (B) submits to the local governmental entity an application, response to a requestfor proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Instruction to Offerors Page 15 of 34 City of Fort Worth-Fire Station 45 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT (Instructions for completing and filing this form are provided on the next page.) This questionnafre reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement in accordancewith Chapter 176, Local Government Code. Name of Local Government Officer Office Held FORMCIS OFFICE USEONLY Date Received Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code Description of the nature and extent of each employment or other business relationship and each familyrelationship with vendor named in item 3. List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B). Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift AFFIDAVIT (attach additional forms as necessary) I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to each family member (as defined by Section 176.001(2), Local Govemment Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B), Local Govemment Code. Signature of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 20 , to certify which, witness my hand and seal of o�ce. Signature of officer administering oath Printed name of officer administering oath this the day Title of officer administering oath Instruction to Offerors Page 16 of 34 Cif}P�i���ir�F��t�f#��43 Commission www.ethics.state.tx.us Revised 11I30/2015 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A"local government officer" is defined as a member of the goveming body of a local govemmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting ofa vendor. This form is required to be filed with the records administrator ofthe local governmental entity not later than 5 p.m. on the seventh business day afterthe date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officerknowingly violates Section 176.003, Local Government Code. An offense underthis section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. PART 2- INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government OffiCer. Enter the name of the local government officer filing this statement. 2. OffiCe Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code; b) has given to the local government officer or a family memberofthe officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has a family relationship with the local government officeras defined by Section 176.001(2-a), Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a), Local Government Code. 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the local government officerorfamily memberof the officerfrom the vendor named in item 3 that in the aggregate exceed $100 in value. 6. Affidavit. Signature of local governmentofficer. LoCal Government Code & 176.00112-a1: "Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter5 , . PART 3- LOCAL GOVERNMENT CODE & 176.003(A)12)IAI: (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *«« (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period precedingthe date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Instruction to Offerors Page 17 of 34 City of Fort Worth-Fire Station 45 I, the purchaser named above, claim an exemption from payment of sales and use taxes (far the purchase of taxable items described below or on the attached arder or invoice) from: Seller: A�� Vendars SUeet address: City, State, ZIP Code: Description of items to be p�rchased or on the attached order or invoice: All items. Purchaser acknawledges that this Certificate cannot be used for the purchase, lease or rental of a rrsotor Purchaser claims Shis exemption for fhc following r�eason: Municipality, Governmental Entity I understa�d that I will be Eiable for payment of ali state and local sales or use taxes which may become due for failure to comply with ihe p�ovisions of the Tax Code and/or all appkicable law. ! undersFand thatitisa criminal offense fo give an exemp6on certi6cate to fhe se!lerfortaxable items thatl know, at the time ofpurchase, wi!lbeusedrnamannerotherthanthatexpressedinthisce�iifieate, anddependingontheamountoffaxevaded, theoffensemayrange from a Class C misdemeanor to a felony of the second degree. Purchaser 'i5tle Date he e� ��i Finance �irectorlCFO S�u.1V�1`j `�',� �1 � NOTE: ThiS certificate cannot be i55ued for the purchase, lease, or renta! of a motor vehicle. THlS CERTfFlCATE DOPS NOT RFQ111RE A NUNJBER TO BE VALID. Sales and iJse Tax "Exemption Numbers" or "Tax Exempt" N�mbers do not exist. This certiflcate should be furnished to the supplier. Do not send the completed certificate to the Comptraller of Public Accounts. Instruction to Offerors Page 17 of 33 Cityof Fort Worth-Fire Station 45 Q�;K r�'01-339 [g2CKJ :,° (Rev,4-7318) Texas Sales and Use Tax Exemption Certification This certificate does not require a numberta be valid. 2013 PREVAILING WAGE RATES Commercial Construction Projects • • • � • 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 1 91 Carpenter $ 17.75 Ca rpenter Hel per $ 14.32 Concrete Cutter/Sawer $ 17.00 Concrete Cutter/Sawer Hel per 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 Drywa I I Hel per $ 12.54 Drywa I I Ta per $ 15.00 Drywa I I Ta per Hel per $ 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 Instruction to Offerors Cityof Fort Worth-Fire Station 45 Page 18 of 33 Glazier Helper $ 12.81 Insulator 16$59 Insulator Helper $ 11.21 Laborer Common $ 10.89 La borer Ski I I ed $ 14.15 Lather $ 12.99 Metal BuildingAssembler $ 16.00 Metal BuildingAssembler Helper 12 00 Metal Installer (Miscellaneous) 13 00 Metal Installer Helper (Miscellaneous) 11 00 Metal Stud Framer $ 16.12 Meta I Stud Fra mer Hel per $ 12.54 Painter $ 16.44 Pa i nter Hel per $ 9.98 Pi pefi tter $ 21.22 Pipefitter Helper 15$39 Plasterer $ 16.17 Plasterer Helper $ 12.85 PI umber $ 21.98 Plumber Helper $ 15.85 Rei nforci ng Steel Setter 12 $� Rei nforci ng Steel Setter Hel per 11 08 Roofer $ 16.90 Roofer Hel per $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper 13$11 Sprinkler System Installer $ 19.17 Sprinkler System Installer Helper $ 14.15 Instruction to Offerors Cityof Fort Worth-Fire Station 45 Page 19 of 33 Steel Worker Structural Steel Worker Structural Helper Waterproofer Equipment Operators Concrete Pump Crane, Clamshell, Backhoe, Derrick, D'Line Shovel Forklift Foundation Drill Operator Front End Loader Truck Driver Welder Welder Helper $ 17.00 13.74 $ 15.00 $ 18.50 $ 19.31 $ 16.45 $ 22.50 16.97 $ 16.77 $ 19.96 $ 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 descriptionsfor the classifications listed are provided on the TEXO's (The Construction Association) website. www.texoassociation.org/Chapter/wagerates.asp Instruction to Offerors Page 20 of 33 Cityof Fort Worth-Fire Station 45 �ITY �F FORT WORTH WEAfHER TABLE � i) Mean nurnber af days precipita#ion af 0_0 ]" or mo�e ar 1 J2" �nawAce (2) Average narmal precipitatian, ir� inches This table is based on infarmation �eparbed irarn Dallas-Fart Worth Intematianal Airpart, Texas_ Latilude 32 deg 54 min nar#h, langitude 97 deg 02 min west, elevatia� {ground� 551 ft. Average number af days af rain, snow, and ice days are based on r�oards cnuering �1 ye�rs. Preci�ikatian is based an recarded infarmaUan from 1996through Z�i6 periad_ This #able is ta be used as a baisis far calculation of excess ra�n or weather days �or prajects with duratian in calendar days_ If the site recnods indicate tha# the �antractiar was unable ta carry out apera�ans due �a weather, i# is caur�ed as a weather day. I#the number of weather days exoeeds ttre n umber af average rain days plus #he snawlice days far the oa�ct duration, the contract will be adjusted hy Change 4rder. r�rt wor�, w���r�� aaa��i aai� Instruction to Offerors Page21 of33 Cityof Fort Worth-Fire Station 45 City of Fort Worth, Texas Property Management Department Facilities ManagementGroup/Architectural Services Division GENERAL CONDI110NS OF THE CONTRACT FOR CONSTRUC110N LUMP SUM CONTRACT SEC110N A DEFINI110NS, PROCEDURES AND INTERPRETAl10NS A-1 CONTRACT DOCUMENTS: BythetermContractDocumentsismeantallofthewrittenanddrawndocumentssettingforth or affecting the rightsof the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Order� written Interpretationsand anywritten Field Orderfora minorchange in the Work A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement beiween the Parties, and no prior or contemporaneous, oral orwritten agreements, instrumentsornegotiationsshall be construed asaltering the termsand effectsofine Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by me Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK: By the term Work is meantall labor, supervision, materialsand equipment necessaryto be used or incorporated in orderto produce the construction required by Contract Documents. A� EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in four originals, with all required attachments, includingrequired bondsand insurance certificates, bythe Contractorand the Ownerin such form as maybe prescribed by lawand returned to the Ownerwithin ten businessdays of notificationto Contractor. Failure to execute contractsand provide required enclosureswill be groundsforrevocation of award and taldng of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor shall examine carefully the, planS specifications, special provisions, and the form of contractto be entered into forthe workcontemplated. They shall examine the ste ofwork and satisfy themselvesas to the conditionsthatwill be encountered relating to the character, quality and quantity ofworkto be performed and materialsto be furnished. The filing of a bid bythe biddershall be considered evidencethat they have complied with these requirementsand hasaccepted the site assuitable forthe work Claimsforadditionalcompensationduetovariationsbetweenconditionsactuallyencounteredin constructionand asindicatedbyme planswill not be allowed. A-6 ONE UNIFIED CONTRACT: Insofaras possible, the Contract Documentswill be boundtogetherand executed asa single unifiedContract. Theintentionofthe Contract Documentsbeingto provideforall labor, supervision,materials, equipmentandoiher itemsnecessaryfortheproperexecutionandcompletionoftheWork. Wordsthathavewell-recognizedtechnicalortrademeanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK: The arrangement of Drawingsand/orSpecificationsinto Divisions, Sections, Articles, orother Subdivisionsshall not be binding upon the Contractorin dividing the workamong SubcontractorsorTrades. A-8 INTERPRETATIONS: In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance� Drawings; Notes and dimensionson Drawings; Technical Specifications; Special Provisions; Supplementary General Condition$ General Conditions; and Construction Contract. The Architectwillfurnish such InterpretationsofthePlansandSpecificationsasmaybe necessaryforthe properexecution orprogress ofthework. SuchlnterpretationsshallbefumishedattheinstanceoftheArchitectorattherequestoftheContractor,orOwner,and will be issued with reasonable promptnessand at such timesand in accordance with such schedule asmay be agreed upon. Such Interpretationsshall be consistentwith the purposesand intent ofthe Plansand Specificationsand may be effected by Field Order. In the event of any dispute between any of the partiesto the Contract and the Architect oreach other involving the interpretation of the Contract Documents, the evaluationofworkormaterialsperforrned orfumished bythe ArchitectContractor, oranysubcontrador or materialsman,orinvolving anyquestionoffault or liability of any party, the decision of the Ownershall be final and binding. A-9 CORRELATION AND INTENT: In general, the drawingsindicate dimension, locations, positions, quantities, and Idndsof construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished asthough setforth in both. Work not detailed, marked orspecified shall be the same as similarpartsthat are detailed, marked orspecified. Ifthe drawingsare in conflictorconflictwiththe specificationsthe betterqualiiy orgreaterquantityorworkormaterialsshall be estimated and shall be fumishedorincluded. Dimensionson drawingsshall tale precedence oversmall-scale drawings. Drawingsshowing locationsof equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without me Architects approval. General Conditionsofthe Contract for Construction Lump Sum Contract Page 1 of27 CFW PMD— Fre Station 45 - RJM March 2021 A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: TheArchitectwill furnish to Contractorelectronicworlang DrawingsandSpecifications. ContractorshallpaythecostofreproductionforallothercopiesofDrawingsandSpecificationsfurni�ed to them. All Drawings, Specificationsand copiesthereoffurnished bytheOwnerortheArchitectare andshall remain the propertyofthe Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of the work A-11 MINORINBUSINESSENTERPRISE(MBEIPOLICY:AsofJune1,2012,TheCityofFortWorthhasimplementedBusiness Diversity Ordinance (BDO)to reflectthe City'savailabilityand disparitystudyfindingsand recommendations. During thistransition period, interested Offerorsmust obtain an MBE listing fromthe MNVBE Office at 817-212-2674. Thiswill ensure thatthe MBE listings reflect onlv those currently certified bythe North Central TexasRegional CertificationAgency (NCTRCA) located in thesix (6)-couniv geographic marketplace that have been accepted bythe City. The City'sgeographic marketplace includesthe countiesof: Tarrant, Dallas, Denton, Johnson, Parkerand Wise. Offerorsare stronqlvencouraqedto confirmthateach MBEthatitintendsto use islocated in the geographic marketplace that will be counted towardsthe established goal. TheCityofFortWorth hasgoalsfortheparticipationofMinorityBusinessEnterprises(MBE)inCitycontracts. Compliancewithme policiesdesigned to meetthese goalsismandatory inorderto be considered a responsive bidder. The City policy and proceduresto be followed in submitting proposalsare included. The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and oiher federally funded Projects. A-12 AGE: Inaccordancewiththepolicy("Policy")oftheExecutiveBranchofthefederalgovernment,Contractorcovenantsihat neitherthemselvesnoranyoftheirofficers, members, agents, employees, program participantsorsubcontractors, while engagedin performing thiscontract, shall, in connection withthe employment, advancementordischargeofemployeesorin connection withthe terms, conditionsorprivilegesoftheiremployment, discriminate against personsbecause oftheirage excepton the basisofa bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither themselves nor their officers, members, agents, employees, subcontractors, program participants, orpersons acting on theirbehalf, shall specify, in solicitationsoradvertisementsforemployeestoworkon thiscontrad, a maximumage limitforsuch employmentunlessthe specified maximumage limit isbased upon a bona fideoccupationalqualification, retirement plan or statutory equipment. Contractorwarrantsitwill fullycomplywiththePolicyandwill defend, indemnifyand holdCityharmlessagainstanyclaimsorallega- tionsasserted bythirdpartiesorsubcontractoragainstCityarisingoutofContractor'sand/ortheirsubcontractors'allegedfailureto comply with the above referenced Policy concerning age discrimination in the performance of thisagreement. A-13 DISABILIN: InaccordancewiththeprovisionsoftheAmericansWithDisabilitiesActof1990("ADA"),Contractorwarrants that themselvesand any and all oftheir subcontractorswill not unlawfully discriminate on the basisof disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicantsfor employment with, or employees of Contractor or any of their subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal, state and local lawsconcerning disability andwill defend, indemnify and hold City harmlessagainst any claimsor allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or their subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of thisagreement. A-14 IMMIGRATION NATIONALI7Y ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisionsaddressing employmenteligibility, employmentverification, and nondiscrimination. Vendorshall verifythe identiiyand employmenteligibility of all employeeswho perform workunderthisAgreement. Vendorshall complete the Employment Eligibility Verification Form (I-9), maintain photocopiesof all supporting employmenteligibility and identity documentation forall employeeS and upon request, provide Citywithcopiesof all I-9 formsand supporting eligibilitydocumentation foreach employee who perFormswork underthisAgreement. Vendorshall establish appropriate proceduresand controlsso that no services will be performed by any employeewho isnot legally eligibleto perform such services. Vendorshall provide Citywith a certification letterthat it hascomplied with the verification requirements required by thisAgreement. Vendor shall indemnify City from any penaltiesor liabilitiesdue to violationsofthisprovision.Cityshallhavetherightto immediatelyterminatethisAgreementforviolationsofthisprovision byVendor. A-15 NoBovcottoflsrael. IfContractorhasfewerthan10employeesortheAgreementisforlessthan$100,OOO,thissection does not apply. Contractor aclmowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract witha companyforgoodsorservicesunlessthe contract containsa written verificationfrom the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Govemment Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boyco& Israel; and (2) will not boycott Israel during the term of the Agreement. General Conditions of the Contract for Construction Lump Sum Contract Page 2 of 27 CFW PMD— Fre Station 45 - RJM March 2021 SEC�ON B IDENIIN OF ARCHITECT B-1 CONTRACT ADMINISTRATION: The Architect isthe person orperson lawfully licensed to practicearchitecture identified as such in the Agreement. The Architect isretained bythe Ownerto prepare the construction documentsand represent the Owner during the construction phase asdirected by the Owner. B-2 DU11ES OF THE ARCHITECT: As used herein, the term Architectmeansthe Architect ortheirauthorized representative. Nothing contained in these Contract Documentsshall create any privity of Contract between the Architect and the Contractor. B3 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Architectwill provide general administrationofthe Contrad on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract DocumentsunlesschangedinwritingbytheOwner. TheArchitectwillbeavailableforconferencesandconsultationswiththeOv�ner or the Contractor at all reasonable times. B� ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilitiesfor such access so the Architect may perform their assigned functions under me Contract Documents. The Architectwill make periodicvisitsto the Siteto familiarizethemselveswith the progressand qualityoftheworkand to deterrnine if the work is proceedi ng i n accordance with the Contract documenls. On the basisof on-site observations, the Architect wi II keep the Ownerinformed oftheprogressofthe Work and will endeavorto guardthe Owneragainst defectsand deficienciesin the Workofine Contractor. Based upon such observationsand the Contractor'sapplicationsforpayments, the Architectwill make determinationsand recommendationsconcerning the amountsowing to the Contractorand will issue certificatesfor payment amounts. B-5 INTERPRETATIONS: The Architect will be, in the first instance, the interpreterof the requirementsof the Plansand Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owner. The ArchitecYsdecisionsin mattersrelating to artistic effect will be final if consistent with the intent of the Contract Documents. B-6 AUTHORIN TO STOP WORK: The Architectwill have authority to rejectworkthat does not conform to the Plans and Specifications. In addition, whenever, intheirreasonable opinion, theArchitect considersit necessary or advisable in orderto insare the properrealization ofthe intent ofthe Plansand Specifications, the Architectwill have authoriiyto require the Contractorto stop the Work or any portion thereof, orto require special inspection ortesting ofthe Workwhetherornot such Work be then fabricated, installed orcompleted. B-7 MISCELLANEOUS Shop Drawinas, Submittalsand Samples: The Architect will review Shop Drawings, Submittalsand Samples. Two copiesof each approved Shop Drawing and submittal will be provided to theOwnerbythe Architect. Threecopieswill be returned to the Contractor. Chanqe Orders: Change Orders, Owners Contingence Allowance forms, and Field Ordersfor Minor Changes in the workwill be issued by the Owner through the Architect. Guarantees: TheArchitectwill receive allwrittenguaranteesand related documenlsrequired ofthe Contractor. Upon completion of the project the Contractorshall provide the Ownerthree copiesof each guarantee. Inspections: TheArchitectwill conductinspectionsforthe purposeofdetermining andmaldngtheirrecommendationsconcerningthe dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Substantial Completion. Operation and Maintenance Manuals: The Architectwill receive on behalfof the Owner one hard copy and two digital copies of all applicable equipment installation, operation, and maintenance brochuresand manualsrequired ofthe Contractor. B-8 TERMINA710N OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Ownershall eitherassumethe dutiesoftheArchitectthrough theDirectorofthe PropertyManagement Department, orshall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: BythetermOwnerismeanttheCityofFortWorthactinghereinbytheirdulyauthorizedrepresentatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, and Director of ine Property Management Departmentand membersofthe FacilitiesManagement Division. A designated representative will be identified from within the Facilities Management Division to act as a point of contact for day-to-day contract administration. C-2 DU11ES OF THE OWNER: The Ownershall furnish surveys describing the physical characteristics, legal limitsand utiliiy locationsforthe site of the Work; provided, however, that the Contractor hereby covenantsthat they have i nspected the premisesand familiarized themselvestherewith and that the locationsof utilitiesand omer obstaclesto the prosecution of the Workas shown on General Conditions of the Contract for Construction Lump Sum Contract Page 3 of 27 CFW PMD— Fre Station 45 - RJM March 2021 the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liabiliiy for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such mannerand to such extent asmay be reasonable and shall fumish information undertheircontrol with reasonable promptne$ at the request of the Contractor. C3 INSTRUC110NS: The Ownershall issue all instructionsto the Contractorthrough the Architect. C-4 ACCESSTOJOBSITE: TheOwnershallatalltimeshaveaccesstotheWorkwheneveritisinpreparationandprogress The Contractorshall provide facilitiesfor such access so the Owner may perform theirassigned functionsunderthe Contrad Documents. C-5 PROGRESS INSPEC710NS: The Owner and Architect will make visits to the Site to familiarize themselveswith the progress and qualityoftheWorkand to determine ifthe workisproceeding in accordancewiththe Contract Documents. On the bass ofon-site observationsand reportsconcerningtheprogressand qualityofthework, the Ownerand Architectwill approve and authorize the Contractor'sapplicationsfor payments. C-6 AUTHORIN TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in their reasonable opinion, the City considers it necessary or advisable in order to insure the proper realization ofthe intentofthe Plansand Specifications, the Citywill have authoriiyto require the Contractorto stop the work or any portion thereof, orto require special inspection ortesting of the Work whetheror not such Work be then fabricated, installed or completed. The Contractorshall be responsibleforthe cost of special inspectionsand testing forworkthat isfound not to comply with the plansand specifications. C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantial ly complete, the Ownerwi I I schedule a Substantial Com pletion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA documentG704, which isto be prepared by the Archited and signed by the Contractor, and accepted, approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractoragreesthatthe City shall, until the expirationofthree yearsafter final payment underthis contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactionsrelating to thiscontract. Contractorfurtheragreesto include in all theirsubcontractshereundera provisionto the effect that thesubcontractoragreesthat me Cityshall, until the expiration ofthree yearsafterfinal payment underthe subcontract, have access to and the rightto examine any directly pertinent books, documents, papersand recordsof such subcontractor, involvingtransactionsto the subcontract. The term "subcontracY' asused herein includespurchase orders. Contractoragreestophotocopysuchdocumentsasmaybe requestedbythecity. Thecityagreesto reimburseContractorforthe costs of copiesat the rate published in the TexasAdministrative Code. C-9 TERMINATION ANDSUSPENSIONOFWORK: TheOwnerhastherighttoterminatetheProjectforanyreason. Ifthe project isterminated, the Contractorshall: a) Stop work underthe Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all ordersand subcontractsto the extentthatthey relateto the perFormance oftheworkterminated bythe notioe of termination. Aftertermination asabove, the Citywill paythe Contractora proportionate part ofthe contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the pofion thereofallocabletotheworknotcompletedandfurtherreducedbytheamountofpayments,if,anyotherwisemade. Contractorshall submittheirclaim foramountsdue aftertermination asprovided in thisparagraph within30 daysafterreceiptofsuch claim. In the event of any dispute or controversy as to the propriety or allowabiliiy of all or any portion of such claim under this paragraph, sach dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the Glty Council of the City of Fort Worth shall be final and binding upon all partiesto thiscontract. SEC110N D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contrador meansthe Contractorortheirauthorized representative. D-2 INDEPENDENTCONTRACTOR: Contractorshallperformallworkandserviceshereunderasanindependentcontractor, notas agent, oremployee ofthe City. Contractorshall have exclusve control ofand the exclusive rightto control the detailsofthe Work and services performed hereunder, andall personsperforming same, and Contractorshall be solely responsible forthe aclsof General Conditions of the Contract for Construction Lump Sum Contract Page 4 of 27 CFW PMD— Fre Station 45 - RJM March 2021 their officers, agents, and employees. Nothing herein shall be construed ascreating a partnership orjointenterprise between Ciiy and the Contractor, their officers, agents and employees, and the doctrine of respondent superior shall not apply. D3 REVIEW OF CONTRACT DOCUMENTS: The Contractorshall carefullystudy and compare the Agreement, Conditionsof the Contract, Drawings, Specifications, Addenda and modificationsand shall at once report to the Ownerand tothe Architectany error, inconsistency or omission they may discover. The Contractor shall do no work without approved Submittals, DrawingS Specificationsand Interpretations. D-4 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and attention. They shall be solely responsible forall construction means, methods, safety, techniques, sequencesand proceduresand forcoordinatingall portions of the Work under the Contract Documents. D-5 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipmentand machinery, water, heat, utilities, transportation and otherfacilitiesand services necessary for the proper execution and completion of the Work The Contractorshall atall timesenforce strictdiscipline and good orderamong theiremployees, and shall notemployon the Work any unfit person or anyone not sldlled in the task assigned to them. D-6 COMPLIANCE WITH AND ENFORCEMENTOF PREVAILING WAGE RATE Dutv to pav Prevailinq Waqe Rates. The Contractor shall comply with all requirementsof Chapter2258, TexasGovernment Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be me prevailingwageratesinaccordancewith Chapter2258. Such prevailing wage ratesare included in these contract documents. PenaltvforViolation. Acontractororanysubcontractorwho doesnotpaythe prevailing wage shall, upon demand madebythe City, pay to the City $60 foreach worker employed foreach calendarday or part of the day that the worker is paid lessthan the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset their administrative costS pursuant to Texas Government Code 2258.023. Complaintsof Violationsand Citv Determination of Good Cause. On receipt of information, including a complaint by a worker, concerni ng an alleged violation of 2258.023, Texas Govemment Code, by a contractororsubcontractor, the City shal I make an i nitial determination, beforethe 31s` dayafterthe datethe City receivesthe information, asto whethergood cause existsto believe thatthe violationoccurred. TheCityshallnotifyinwritingthecontractororsubcontractorandanyaffectedworkeroftheirinitialdetermination. Upon the City's determinationthatthereisgood cause to believe thecontractororsubcontractorhasviolated Chapter2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under me prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. ArbitrationRequiredifViolationNotResolved. AnissuerelatingtoanallegedviolationofSection2258.023,TexasGovernmentCode, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General ArbitrationAct (Article 224 etseq., Revised Statutes) ifthe contractororsubcontractorand any affectedworkerdo not resolve the issue byagreementbeforethe 15th dayafterthe datetheCitymakestheirinitial determinationpursuantto paragraph (c)above. If the persons required to arbitrate underthissection do notagree on an arbitratorbefore the 11th dayafterthe date that arbitration is required, a district courtshall appoint an arbitratoron the petition of anyofthe persons. The City is nota party in the arbitration. The decision and award ofthe arbitratorisfinaland binding on all partiesand maybe enforced in anycourtofcompetentjurisdiction. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance ofthe Work, maintain recordsthat show (i) the name and occupation of each workeremployed bythe Contractorin the construction ofthe Work provided forin thiscontract; and (ii)the actual perdiem wagespaid to each worker. The records shall be open atall reasonablehoursforinspection bythe City. TheprovisionsoftheAuditsection ofthese contractdocumentsshall pertain to this inspection. PavEstimates. Witheachpartialpaymentestimateorpayrollperiod,whicheverisless,theContractorshallsubmitanaffidavitstating that the Contractor hascomplied with the requirementsof Chapter 2258, Texas Government Code. Postinp of Wape Rates. The Contractor shall post the prevailing wage rates in a conspicuous place atthe site of the project at all times. SubcontractorCompliance. TheContractorshallincludeintheirsubcontractsand/orshallotherwiserequirealloftheirsubcontractors to comply with paragraphs (a) through (g) above. On projectswhere special wage ratesapply (e.g. Davis-Bacon)the Contractor agreesto meet all requirements of such programs. D-7 WARRAN7Y: The Contractorwarrantsto the Ownerand the Architect that all materialsand equipment furnished under this Contract will be new unless otherwise specified, and that all workwill be of good quality, free from faults and defects, and in conforrnance withthe Contract Documents. All worknot so conforming to these standardsmay be considereddefective. If required by the Architect orthe Owner, the Contractor shal I furnish satisfactory evidence asto the Id nd and quality of materialsand equipment. General Conditions of the Contract for Construction Lump Sum Contract Page 5 of 27 CFW PMD— Fre Station 45 - RJM March 2021 Priorto occupancy ofthe Project bythe Owner, the Contractorwarrantiesand obligationsto correct defective Workexclude remedy fordamage ordefectcaused by (i)abuse bythe Owner'sseparate contractors, or(ii)modificationsmadebytheOwnerorthe Owner's separate contractors. Afteroccupancy of the Project by the Owner, the Contractorwarrantiesand obligationsto correct defective Work exclude remedyfordamageordefectcaused by(i)abuse, (ii)modificationsnotexecutedbytheContractor, (iii)improperorinsuffiaent maintenance, (iv) improper operation, (v) normal wear and tear, or (vi) normal usage. The warranty provided in thisSection shall be in addition to and not in limitation of any otherwarranty orremedy provided by lawor the Contract Documents. D-8 TAXES: The Contractorisexemptfrom StateSalesTaxon material incorporated intothefinished construction, Exci� and Use Tax. Equi pment and materialsnot consumed by or i ncorporated i nto the workare subj ect to State sales taxes under House Bill 11, enacted August 15, 1991. D-9 LICENSES, NOTICES AND FEES: The Contractorshall obtain all Permits, Licenses, Certificates, and Inspections, wheiher permanentortemporary,requiredbylawortheseContractDocuments. TheCityofFortWorthBuildingandTradePermitfeesare waived. Separate permits may be required for each work location. If the Contractor allows any permit to expire, they shall be responsible forall renewalsincluding anyassociated fees. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the perFormance of the Work If the Contractor observes or becomes aware that any of the Contract Documenis are at variance therewith in any respect, he shall promptly notify the Architect and Owner in writing and any necessary changeswill be made. Ifthe ContractorperformsanyWork laiowing that it isin violation of, orcontraryto, anyofsuch Laws, Statutes, Charter, OrdinanceS Orders orDirectives, orRegulationswithoutfurnishing Noticeto theArchitect and Owner, the Contractorwill assume full responsibility therefore and bearall costsattributable thereto. D-10 CASH ALLOWANCES: The Contractorshall include inthe Contract Sum all allowancesstated in the Contract Documenis These allowancesshall coverthenetcostofthe materialsand equipmentdeliveredand unloadedatthe site, and allapplicabletaxes The Contractor'shandling costson the site, labor, installation costs, overhead, profit and otherexpensescontemplated fortheoriginal allowance shall be included inthe ContractorSum and notin the allowance. The Contractorshall cause the Work covered by the� allowancesto be performed forsuch amountsand by such persons as the Ownermaydirect, but theywill not be required to employ persons against whom they make a reasonable objection. Ifthe cost, when determined, ismore than orless than the allowance, me Contract Sum shall beadjusted accordingly by ChangeOrderwhichwill include additional handling costson the site, labor, installation costs, field overhead,profitand otherdirect expensesresulting to the Contractorfrom any increase overthe original allowance. D-11 SUPERINTENDENT: The Contractorshall employa competent superintendentand necessary assistants who shall be in attendance at the Project site during the progress of the Work The superintendent shall be satisfactory to the Owner. The superintendent shall represent the Contractorand all communicationsgiven to the superintendent shall be binding asifgiven to the Contractor. Importantcommunicationswill be confirmed in writing. Othercommunicationswill be so confirmed on written reque� in each case. D-12 RESPONSIBILIIIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractorshall be responsibleto the Owner forthe actsand omissionsof all employeesand all Sub-contractors, theiragentsand employees, and all otherpersonsperforming any of the Work under a contract with the Contractor. D-13 FAILURE TO COMMENCE WORK: Should theContractorfailto beginthe Workherein providedforwithin thetime herein fixed or to carry on and complete the same accordingto the true meaning ofthe intent and termsof said Plans, Specificationsand Contract Documents, then the Ownershall have the rightto eitherdemand the suretyto take over the Work and complete same in accordance with the Contract Documentsorto take charge of and completethe Workin such a mannerasit maydeem proper, and if, in the completion thereof, the cost to the said Cityshall exceed thecontractprice orpricessetforth in the said plans and specifica- tionsmade a part hereof, the Contractorand/ortheirSurety shall pay said Cityon demand inwriting, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-14 PROGRESS SCHEDULE: The Contractor, immediatelyafterbeingawardedthe contract, shall prepare and submitforme ArchitecYsand Owner's approval, an estimated progressschedule forthe Work The progressschedule shall be related to theentire Project and indicate critical path. Thisschedule shall indicate the datesforthe starting and completion of the variousstates of construction and shall be revised asrequired bythe conditionsofthe Work, subjectto the ArchitecYsapproval. It shall also indicate thedatesforsubmission and approvalofshop drawingsand submittalsaswell asthedeliveryscheduleformajorpiecesofequipment and/or materials. The Contractor shall submit an updated progress schedule to the Architect and Owner at least monihly for approval along with the Contractor's monthly progress payment requests. D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractorshall maintainatthe site forthe Owner one copyof all Drawings, Specifications, Addenda, approved ShopDrawings, ChangeOrders, and otherChangesandAmendmentsin goodorder and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, cleady marked to record all changesmade during construction, shall bedelivered to the Architect upon completionofthe Work The Architect will prepare, and provide to the Owner, one complete set of reproducible record drawingsof the Work General Conditions of the Contract for Construction Lump Sum Contract Page 6 of 27 CFW PMD— Fre Station 45 - RJM March 2021 D-16 SHOP DRAWINGS AND SAMPLES: Shop Drawingsare drawings, diagrams, illustrations, schedules, performance chart$ brochuresand otherdata whichare prepared bytheContractororanySubcontractor, manufacturer, supplierordistributor, and wtiich illustrate some portion of the Work. These may be provided in an electronic format acceptable to the Architect. Samplesare physical examplesfurnished bythe Contractorto illustrate materials, equipmentorworlvnanship, and to establi� standardsbywhich the Workwill bejudged. Three copiesofall physical examplesshall be provided. The Contractorshall review, approve, and submit, with reasonable promptness and in orderlysequence so as to cause no delay in the Work or in the work of anyothercontractor, normallywithin the first 90 days of the work, three copiesofall shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samplesshall be properly identified as specified, oras the Architect may require. At the time of submission the Contractorshall inform the Architect inwriting of any deviation inthe Shop DrawingsorSamplesfrom the requirementsof the Contract Documents. Byapproving and submitting ShopDrawingsand Samples, the Contractorthereby representsthatthey have determined and verified all field measurements, field construction criteria, materials, catalog numbersand similardata, and that they have checked and coordinated each shop drawing given in the Contract Documents. The ArchitecYsapproval of a separate item shall not indicate approval of an assembly in which the item functions. TheArchitectwillreviewandapprove Shop Drawingsand Sampleswith reasonable prompU�essso astocause no delay, butonlyfor conformance with the design concept of the Project and with the i nformation given i n the Contract Documents. The ArchitecYsapproval ofa separate item shall not indicateapproval ofan assembly in which the item functions. The Contractorshall make anycorrections required by the Architect and shall resubmit the required numberof corrected copiesof Shop Drawingsornew Samplesuntil approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawingsto revisions other than the corrections requested by the Architect on previous submissions. The ArchitecYs approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirementsofthe Contract Documentsunlessthe Contractorhas informed the Architect in writing of such deviation at the time of submission and the Architecthasgiven written approval to thespecificdeviation. ArchitecYsapproval shall not relievethe Contractor from responsibilityforerrorsoromissionsin the Shop DrawingsorSamples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. Payment for Shop Drawingswill not be made until they are approved by the Architect or City. D-17 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documentsand shall notunreasonably encumberthe site with any materialsorequipment. Until acceptance ofthe Workby the City, the entire site oftheWorkshall be undertheexclusive control, care and responsibiliiy ofthe Contractor. Contractorshall tale every precaution against injury ordamage to personsorproperty bythe action ofthe elementsorfrom anyothercause whatsoever. The Contractorshall rebuild, repair, restore and make goodattheirown expensesall injuriesordamagesto any portionsofthe Work occasioned by any of the above, caused before acceptance. D-18 CUTIING AND PATCHING OF WORK: The Contractorshall do all cutting, fitting or patching of their Workthat may require maldng several partsfittogetherproperly,and shall notendangerany Workby cutting, excavatingorotherwise altering the Workor any part of it. D-19 CLEAN UP: The Contractorat all timesshall keep the premisesfree from accumulation ofwaste materialsorrubbish. At the completion ofthe Workthe contractorshall removeall theirwaste materialsand rubbish from and aboutthe Projectaswell asall theirtools, construction equipment, machinery and surplusmaterials, and shall cleanall glasssurfaces and leave the Work "Broom- clean" or equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings"broom-clean", Contractorshall cleanall glass, replace any broken glass, remove stains, spots, marks and dirtfrom decorated work, clean hardware, remove paint spotsand smearsfrom all surfaces, clean fixturesand wash all concrete, tile and terrazzo floors. If the Contractorfailsto clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-20 COMMUNICATIONS: The Contractorshall forward all communicationsto the Ownerthrough the Architect. D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractorshall observe and complywith me requirementsofthe City of Fort Worth Fiscal Department, Intergovernmental Affairsand GrantsManagement asoutlined in me Supplemental Conditionscontained in the Project Manual. SEC110N E SUBCONTRACTORS E-1 DEFINITION: A Subcontractorisa person or organization that hasa direct contractwith the Contractorto perforrn anyof the Workatthe site. The term Subcontractorisreferred to throughoutthe Contract Documenlsasifsingularin numberandmasculine in gender and means a Subcontractor or their authorized representative. General Conditions of the Contract for Construction Lump Sum Contract Page 7 of 27 CFW PMD— Fre Station 45 - RJM March 2021 Nothing contained in the Contract, Documents shall create any contractual relation beiween the Owner and the Architect and any subcontractor or any of their sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The Contractorshall fumish a listofthe namesofthe subcontractorsorotherpersonsor organizations(including those who are to furnish materialsorequipmentfabricated to a special design) proposed forsuch portionsof the Work as may be designated in the bidding requirements, orif none isso designated in the bidding requirements, the namesofthe Subcontractorsproposed forthe principal portionsofthe Work Priorto the award of the Contract, the Architect shall notifythe successful bidder in writing if eitherthe Owner or Architect, afterdue investigation, has reasonable objection to any person or organizationon such list. Failure oftheOwnerand Architectto make an objection to any person ororganization onthe list priorto the award of this Contract shall not constitute acceptance of such person or organization. If, priorto the award ofthe Contract, the Owneror Architect hasan objectiveto any person ororganizationon such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw their bid without forfeiture of bid security.lfsuch biddersubmitsanacceptablesubstitute,theOwnermay,attheirdiscretion,acceptthebidorhemaydisqualifylhe bid. If, afterthe award,the OwnerorArchitect objectsin writingto any person ororganization on such list, the Contractorshall provide an acceptable substitute. The Contractorshall notmake anysubstitutionforanySubcontractororperson ororganization that hasbeen accepted bythe Ov�ner and the Architect, unlessthe substitution isalso acceptable to the Ownerand the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub- subcontractors)which shall contain provisionsthat: 1. Preserve and protect the rightsofthe Ownerand the ArchitectundertheContractwith respectto the Workto be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Workbe performed in accordance with the requirementsof the Contract Documents; 3. Require submission to the Contractorof applicationsforpayment undereach subcontractto which the Contractorisa party, in reasonable time to enable the Contractorto applyforpayment; 4. Require that all claimsforadditional costs, extensionsoftime, damagesfor delaysor otherwise with respect to subcontracted portionsofthe Work shall be submitted to theContractor(via anySubcontractororSub-subcontractorwhere appropriate) in me mannerprovided in the Contract Documentsforlike claimsbythe Contractorupon the Owner; 5. Waive all rightsthe contractingpartiesmayhave againstone anotherfordamagescaused byfire orotherperilscovered byme property insurance, except such rights, if any, asthey may have to proceedsof such insurance held by the Owner, and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All ofthe provisionsset out in thissection shall be deemed to have been included ineverysubcontract, and everysubcontract shall be so construed and applied asto the Owner and the Architect, whether or not such provisions are physically included in the sub- contract. E-4 MINORIN BUSINESS ENTERPRISE (MBE): Should the base proposal be $50,000 or less, the requirementsof this section do not apply. Asof June 1, 2012, TheCityof Fort Worth isimplementeda newBusinessDiversityOrdinance (BDO)to reflectthe City'savailability and disparitystudyfindingsand recommendations. During thistransition period, interested Offerorsmust obtain a MBE listing from the M/WBE Office. Thiswill ensure that MBE listings reflect onlv those currently certified by the North Central Texas Regional CertificationAgency(NCTRCA)locatedinthesix(6)-countvgeographicmarketplacethathavebeenacceptedbytheCity. TheCitys geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are stronplv encouraped to confirm that each MBE thatit intendsto use is located in the geographic marketplacethat will be counted towardsme established goal. In accordance withCityofFort Worth Diversity BusinessOrdinance(BDO) No 20020-12-2011 (the "Ordinance"), the Cityof Fort Worih sets goalsforthe participation of Minority BusinessEnterprises(MBE) in City contracis. Ordinance No 20020-12-2011 isincorporated intheseGeneralConditionsbyreference.AcopyoftheOrdinancemaybeobtainedfromtheOfficeoftheCitySecretary. Failureto comply with the Ordinance shall be a material breach of contract. Priorto Award: The MBE documentation required by the procurement solicitation must be submitted within five city businessdays afterthe proposalsare opened. Failure to complywim theCity'sBusinessDiversity Ordinance, orto demonstrate a"goodfaitheffor�', shall result in a bid being considered non-responsive. DuringConstruction: ContractorshallprovidecopiesofsubcontractsorcosignedlettersofintentwithapprovedMBEsubcontractors and or suppliers priorto issuance of the Notice to Proceed. Contractorshall also provide monthly reportson utilization of ine subcontractors to the M/WBE Office and the designated representative identified from within the Facilities Management Divison. Contractormust provide the Citywithcomplete and accurate information regarding actualworkperformed by an MBEon the contract andproofofpaymentthereof. Contractorfurtheragreestopermitanauditand/orexaminationofanybooks,recordsorfilesintheir possession that will substantiate the actual work performed by an MBE. The misrepresentation of facis and/or the commission of fraud bythe Contractorwill be groundsfortermination ofthecontractand/orinitiatingaction underappropriate federal, state, orlocal General Conditions of the Contract for Construction Lump Sum Contract Page 8 of 27 CFW PMD— Fre Station 45 - RJM March 2021 lawsor ordinancesrelating tofalse statement. An Offerorwho intentionallyand/orlmowingly misrepresentsmaterialfactsshall be determined to bean irresponsible Offerorand barred from participating inCityworkfora period oftime ofnot lessthan three (3)years The failure of an Offerorto comply with thisordinance where such non-compliance constiiutesa material breach of contract asstated herein, may result inthe Offerorbeing determined tobe an irresponsible Offerorand barred from participating in Cityworkfora period of time of not less than one (1) year. The Contractormaycounttoward the goal anytierof MBE subcontractorsand/orsuppliers. The Contractormaycounttoward their goal a porti on of the total dollar a mount of the contract with a joint ventu re eq ual to the percentage of the M BE pa rticipation i n thejoint ventureforaclearlydefinedportionoftheworktobeperformed. Allsubcontractorsusedinmeetingthegoalsmustbecertifiedprior to the award of the Contract. Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier, the MBE shall be given an opportunityto perform the work Whenevera change orderis $50,000 ormore, the M/WBE Office Coordinatorshall determine the goalsapplicable to the workto be perFormed underthe change order. During the term of the contract the Contractor shall: 1. Make no unjustified changesordeletionsin theirMBE participation commitmentssubmitted with the bid/proposal orduring negotiation, without prior submission of the proper documentation for review and approval by the M/WBE Office. 2. Ifsubstantial subcontracting and/orsupplieropportunitiesarise during the term ofanycontractwhen theContractorrepresented in their bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor �all notifythe Citybeforesubcontractsforworkand/orsuppliesare awarded and shallbe requiredto complywithsubsectionsofine Ordinance,exclusiveofthetime requirementsstated in such subsections. 3. The Contractor shall submit to the MNVBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract, the Contractorwishes to change ordelete one or more MBE subcontractorsorsuppliers. Justification for change of subcontractors may be granted for the following: 1. An MBE'sfailure to provide Workers Compensation Insurance evidence asrequired bystate law; or 2. An MBE'�failure to provide evidence ofgeneral liabilityorotherinsurance underthe same orsimilartermsascontained in the Contract Documentswith limitsofcoverage no greaterthanthe lowerof 1)the limitsrequired oftheContractorbythe City; or2) the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor'snormal businesspractice with non-MBE subcontractors/sub consultanYsorsuppliers; or 3. AnMBE'sfailuretoexecutetheContractor'sstandardsubcontractform,ifenteringasubcontractisrequiredbytheContractor in theirnormal course of business, unlesssuch failure isdue to: a) A change in the amount of the previously agreed to bid or scope of work; or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month; or c) Any limitation being placed on the ability ofthe MBE to report violationsof the Ordinance orany other ordinance orviolationsof any state orfederal laworother improprietiesto the City orto provide notice of any claim to the Contractor's surety company or insurance company. d) Mediation shall be a consideration before the request for change is approved. 4. An MBE defaultsin the performance of the executed subcontract. In thisevent, the Contractorshall: a) Request bidsfrom all MBE subcontractorspreviously submitting bidsforthe work, b) If reasonably practicable, request bidsfrom previously non-bidding MBEs, and c) Provide to the M/WBE Office documentation of compliance with (a) and (b) above. 5. Any reason found to be acceptable by the M/WBE Office in their sole discretion. Within ten days after final payment from the City the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier, including non-MBEs, used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractorshall pay each Subcontractor, upon receipt of paymentfrom me Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractorshall also require each Subcontractorto make similarpaymentsto theirsubcontractors. General Conditions of the Contract for Construction Lump Sum Contract Page 9 of 27 CFW PMD— Fre Station 45 - RJM March 2021 If the Owner refusesto issue a Certifi cate for Payment for any cause which isthe fault ofthe Contractor and not thefault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment vwuld otherwise have been issued, fortheir Workto the extent completed, lessthe retained percentage. The Contractorshall payeachSubcontractorajustshare ofanyinsurance moniesreceivedbythe Contractor, andtheyshallrequire each Subcontractorto make similarpaymentsto theirSubcontractors. The Ownermay, on requestand attheirdiscretion, furnish to any Subcontractor, ifpracticable, information regarding percentagesof completion certified to the Contractor on account of Work done by such Subcontractors. Neitherthe Ownernorthe Architect shall have any obligation to payorto see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRAl10N (EDA) FUNDED PROJECTS: The Contractorwill cause appropriateprovisionsto beinserted inallsubcontractsto bind subcontractorsto FDA contract requirementsascontained herein and to 15 CFR24 orOMB CircularA-110, asappropriate. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forlh in thissection. No subcontractorwill be employed on this Project, except asspecifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United Statesfrom contractual dealingswith Federal govemment departments. Theworkperformedbyanysuchcontractororsubcontractorwillbeineligibleforreimbursementwhollyorpartiallyfrom EDA grant fluids. All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontractsmust contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. EachsubcontractormustsubmitweeldyeachweeMypayrollrecordandaweeMystatementofcompliance. Thesedocumentswillbe submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisFy this requirement by submitting a properly executed Department of Labor Form WH-347. Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractorswho employ more than 50 employees, and isa prime orfirsttiersubcontractor, and hasa subcontract orpurcha� order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year. Subcontractorsperformingworkin areascovered by published goalsforminoritieswill be required toreport monthly on Form CG 257. SEC110N F SEPARATE CONTRACTS F-1 OWNER'S RIGHT: The Ownerreservesthe right to award separatecontractsin connection with otherportionsofthe Work When separate contracts are awarded forother portionsof the Work, "the Contracto�" in the Contract Documentsin each case shall be the contractorwho signseach separate contract. F-2 MUTUAL RESPONSIBILIN OF CONTRACTORS: The Contractorshall afford othercontractorsreasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate workwith theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractorshal I i nspect and promptly report to the Ownerany apparent discrepanciesordefects i n such workthat render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor'swork as fit and properto receive theirWork, except asto defectswhich may develop in the otherseparate contractor's work after the execution of the Contractor's Work Should the Contractorcause damage to the work or property of any separate contractoron the site, the Contractorshall, upon due notice, settle with such othercontractorby agreement, if he will so settle. If such separate contractorsues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if anyj udgment against the Ownerari sestherefrom, the Contractorshal I pay orsati sfy such j udgment and shall reimburse the Owner for all attomey'sfees, court costs and expenseswhich the Owner has incurred in connection with such su i t. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractorshall do all cutting, fitting orpatching of work that may be required to fit itto receive or be received bythe work of othercontractorsshown in the Contract Documents. The General Conditionsofthe Contract for Construction Lump Sum Contract Page 10 of27 CFW PMD— Fre Station 45 - RJM March 2021 Contractorshall not endangeranywork or any othercontractors by cutting, excavating orotherwise altering anyworkand shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHTTO CLEAN UP: Ifa dispute arisesbetween ihe separate contractorsastotheirresponsibilityforcleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Project Management Department shall determine to be just. SEC110N G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor mu� familiarize themselvesand strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, OrdinanceS Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. The contractorshall indemnifyandsave harmlessthe Cityand all oftheirofficersand agentsagainstanyclaimorliabilityarisingfrom or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by themselves, their employees, agentsorsubcontractors. G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charterand Ordinancesof the City of Fort Worth andthe lawsof the Stateof Texaswith referenoe to and governing all mattersaffecting thisContract, and the Contractor agreesto fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performingtheirdutiesunderthe Statutesofthe State ofTexasand the Charterand Ordinancesofthe Cityof Fort Worth in connection withthisContract, orin exercising anyofthe powersgranted the Ownerherein, the officers, agentsand employeesof the City of Fort Worth are engaged in the performance of a govemmental function and shall not incurany personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS: Contractoragreesto complywith all laws, Federal, state andlocal, including all ordinance$ rulesandregulationsoftheCityofFortWorth,Texas. MaterialsincorporatedintothefinishedProjectarenotsubjecttoStateSales Tax. The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permitsfrom the goveming agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements. Building, plumbing, electrical and mechanical building permitsare issued without charge. Water and sewertap, impact& accessfeeswi I I be paid by the City. Any other perm it feesare the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the projectsite for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at their own expense, the Owner, theirofficers, servants and employees, from and againstany and all claims or suits for property loss, propertydamage, personal inj ury, including death, arising outof, or alleged to arise out of, the work and sery ices to be performed hereunder by Contractor, their officers, agents, employees, subcontractors, licensees or inv itees, whether ornot anv such iniurv, damaqe or death is caused, in whole or in part, bv the neqliqence or alleqednealiqence ofOwner, theirofficers, servants, oremplovees. Contractor likewisecovenants and agreesto indemniTy and hold harmless the Owner from and against any and all inj uries to Owner's officers, servants and employees and arry damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whetherornot anv such iniury or damaqe is caused in whole orin partbv the neqliqence oralleqed neplipence of Owner, their o�cers, servants or emp/ovees. Inthe eventOwnerreceives awritten claimfordamagesagainstthe Contractorortheirsubcontractors priortofinal paymerrt, final payment shall not be made until Contractor either (a) submits to Ownersatisfactoryevidencethatthe claim has been settled and/or a release from the claimantinvolved, or(b) provides Ownerwith a letterfrom Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, thiscontract shall be binding upon and insure to the benefit of the partieshereto, theirSuccessors or Assigns. Contractorshall not assign or sublet all orany part of thisContract or theirrightsor dutieshereunderwithoutthe priorwritten consent ofthe Owner. Anysuch purported assignmentorsublettingwithout the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or memberofthe firm orto an officerofthe corporation forwhom itwasintended, orifdelivered at orsent by registered orcertified mail to the last businessaddresslmown to them who givesthe notice. G-8 SUREN BONDS: Surety Bondsare required on all City contractsin excess of $25,000. The Contractoragrees, on the submittal of their Proposal to make, execute and deliverto said City of Fort Worth good and sufficient surety bondsforthe faithful performance ofthe termsand stipulationsofthe Contract and forthe paymentto all claimantsforlaborand/ormaterialsfurnished in General Conditionsofthe Contract for Construction Lump Sum Contract Page 11 of27 CFW PMD— Fre Station 45 - RJM March 2021 the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety companydulyand legallyauthorizedto do business in the State ofTexas, and acceptable to the Ciiy Council of the City of Fort Worth. Bonds shall be made on the formsfurnished byor otherwise acceptable to the City. Each bond shall be properly executed by both the Contractorand the Surety Company. Bondsrequired bythe Cityshall be in compliance with all relevant local, state and federal statutes. To be an acceptable surety on the bond the name of the surety should be included on the current U. S. Treasury List of Acceptable Securities[Circular570], and must be authorized to do businessin Texas. Suretiesnot listed in Circular570 maywrite perforrnanoe and payment bondson a project without reinsurance to the limit of 10 percent of their capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excessof 10 percent must be reinsured by reinsurerswho are duly authorized, accredited, ortrusteed to do business in the State of Texas. Should anysuretyforthe contracted project be determined unsatisfactoryat anytime during same, the Contractorshall immediately provide a new surety bond satisfactory to the City. Ifthe contractamountis$25,OOOorless, paymenttothe Contractorshall be madein onelumpsum. Paymentshall notbe madefor a period of45 calendardaysfrom the date the workhasbeen completed and accepted bythe City. G-9 OWNER'S RIGHT TO CARRY OUTTHE WORK: Ifthe Contractordefaultsorneglectsto carryoutthe Workin accordanoe with the Contract DocumenTsorfailsto perform any provision ofthe Contract, the Ownermay,without prejudiceto any otherremedy they may have, enterthe site and make good such deficiencies. In such case an appropriate Change Ordershall be issued deducting from the paymentsthen orthereafterdue the Contractorthe cost of correcting such deficiencies, including the cost ofthe ArchitecYs additional servicesmade necessary by such default, neglect orfailure. Ifthe paymentsthen orthereafterdue the Contractorare not sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIESANDPATENTS: TheContractorshallpayallroyaltiesandlicensefees.theyshalldefendallsuitsorclaims for infringement of any patentrightsand shall save the Ownerharmlessfrom loss on account thereof and shall be responsible forall such loss when a particulardesign, processorthe productofa particularmanufacturerormanufacturersisspecified; however, ifine Contractor hasreason to bel ievethat the design, processor product specified isan i nfringementof a patent, they shal I be responsble forsuch lossunlessthey promptlygive such information to Owner. G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulationsor Orders of any public authority having jurisdictionrequire any Workto be inspected, tested orapproved, the Contractorshallgive theOwnertimelynotice oftheirreadine� and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection, testsand approvalsunlessotherwise provided. If afterthe commencement of the Work, the Owner determinesthat any workrequiresspecial inspection, testing orapproval not included above, the Architect, upon written authorization from theOwner, will instructthe Contractorto ordersuch special inspection, testing orapproval, and the Contractorshall give noticeasrequired in the precedingparagraph. Ifsuch special inspection ortesting revealsa failure ofthe Workto comply (1)with the requirementsofthe Contract Documentsor(2)with respectto the performance of the Work, with Laws, Statutes, Charter, Ordinances, RegulationsorOrdersof any publicauthority havingjurisdiction,the Contractor shall bearall coststhereof, including theArchitecYsadditional servicesmade necessary by such costs; otherwise the Ownershall bear such costs, and an appropriate Change Order shall be issued. The Contractorshall secure certificate of inspection, testing orapproval, and three copieswill be promptlydelivered bythem to the Architect. The Architect will review the certificates and forward one copy of each with their recommendation(s) to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable, at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections, tests or approvalsby persons otherthan the Contractorshall relieve theContractorfrom theirobligationsto perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractorshall perform the WorkunderthisContract with a minimum of outage time forall utilities. Interruption shall be by approved sectionsof the utility. In some cases, the Contractormay be required to perform the Workwhile the existing utility isin service. The existing utilityservice may be interrupted onlywhen approved by the Owner. When it is necessary to interruptthe existing utilities, the Contractorshall notifytheOwnerin writing at least ten days in advance of the time that they desire the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activitiesat an existing facility that requirescontinuousservice from the existing utility, an interruption may not be subjectto schedule at the time desired bythe Contractor. In such cases, the interruption may have to be scheduled at a time of minimum requirementsof demand forthe utility. The amount of time requested bythe Contractorof existing utility servicesshall be as approved by the Owner. G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work Discrepanciesbetween Drawings, Specifications, and existingconditionsshall be referredto theArchitectforadjustmentbefore wortc General Conditionsofthe Contract for Construction Lump Sum Contract Page 12 of27 CFW PMD— Fre Station 45 - RJM March 2021 affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory worla�nanlike manneratthe Contractor'ssole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work, the Contractor shall carefully compare and checkall Architectural, Structural, Mechanical an Electrical drawings; each with the otherthat in any affectsthe locationsorelevation of the workto be executed, and should any discrepancy be found, they shal I i mmediately report the same to the Architect forverification and adjustment. Any dupli cation of workmade necessary by failure or neglect on their part to comply with thisfunction shall be done at the Contractor'ssole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible forthe correctnessof same. No extra charge orcompensationwill be allowed on accountofanydifferencebetween actual dimensionsand dimensionsindicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXIS7ING OVERHEAD OR UNDERGROUND WORK: The Contractorshall carefully checkthe site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required, whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on me Drawings. All reasonable precautionsshall be taken to preserve and protect any such improvementswhetherornot shown on me Drawi ngs. Location of existing underground lines, shown the Drawingsare based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility ofthe Contractorto make certain in me installation ofjointed floor, wall and ceiling materialsthat: 1. Preserve and protect the rightsofthe Ownerand the ArchitectundertheContract with respectto the Workto be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers, light fixtures, equipment, etc. If because ofthe non-related sizesofthe variousmaterialsand locationsofopenings, etc., it isnot possible to accomplish the above, the Contractorshall requestthe Architectto determine themost satisfactory arrangement. TheContractorshall establish centerlines for all trades. G-17 IN7EGRA7ING EXISIING WORK: The Contractorshall protectall existingstreetand otherimprovementsfrom damages Contractor's operationsshall be confinedto the immediate vicinity of the newwork and shall not in any interfere with orobstruct the ingressor egressto and from existing adjacent facilities. Where new site work isto be connected to existingwork, special care shall be exercised bythe Contractornotto disturb ordamage the existing work more than necessary. All damaged workshall be replaced, repairedand restored to original conditionat no costto the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, thatnothingcontaining hazardousmaterials, such asasbestos, shall be incorporatedin to the project The Contractorshall exera� every reasonable precautionto ensure thatasbestos-containing materialsare not incorporated intoany portion of the project, induding advisingallmaterialssuppliersandsubcontractorsofthisrequirement. TheContractorshallverifythatcomponentscontaininglead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditionsmay not alwayspermit their installation in the location shown. When thissituation occurs, it shall be brought to the ArchitecYsattention immediately and the relocation determined in a joint conference. The Contractorwill be held responsible forthe relocating of any itemswithout first obtaining the ArchitecYsapproval. They shall removeand relocate such items attheirown expense ifso directed bytheArchitect. Where possible; uniform marginsshall be maintained between parallel linesand/or adjacentwall, floororceiling surfaces. G-20 OVERLOADING: TheContractorshallberesponsibleforloadingofanypartorpartsofstructuresbeyondtheirsafecarrying capacitiesby placingof materials, equipment, tools, machinery orany otheritem thereon. No loadsshall be placed on floorsorroofs before they have attained their permanent and safe strength. G-21 MANUFAC7URER'S INSTRUC710NS: Where it is required in the Specificationsthat materials, products, processes, equipment, orthe like be installed orapplied in accordance with manufaciurer'sinstructions, directionorspecifications, orwords to thiseffect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished bythe manufacturerofthe material concerned foruse underconditionssimilarorthose atthejob site. Sixcopiesof such instructionsshall be fumished to the Architect and theirapproval thereof obtained before workisbegun. General Conditionsofthe Contract for Construction Lump Sum Contract Page 13 of27 CFW PMD— Fre Station 45 - RJM March 2021 G-22 CLEANING UP: The Contractor shall keep the premisesfree from accumulation of waste material or rubbish cau�d by employees or as a result of the Work. At completion of work, the General Contractorshall, immediately priorto final inspection of complete building, execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufacturesof installed materials. 1. Sweep and buff resilient floorsand base, and vacuum carpeting. 2. Dust all metal and wood trim and similarfinished materials. 3. Clean all cabinetsand casework 4. Dust all ceilingsand walls. 5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and otherunpainted metalsshall be cleaned and polishedand all equipment and paintordecorated workshall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings Surfacesthat are waxed shall be polished. 8. The exteriorofthe building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similarto interiorof buildingsand left in good orderatthe time offinal acceptance. All paint surFacesshall be clean and unbroken, hardware �all be clean and polished, all required repairworkshall be completed anddirt areasshall be scraped and cleared ofweed growth. 9. Clean all glasssurfaces and mirrorsof putty, paint materials, etc., without scratching or injuring the glassand leave the work bright, clean and polished. Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling, waxing and all otherfinish operations indicated on the Drawingsor required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all workunderthe Contract. 11. Burning: Burning of rubbish on the premiseswill not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all timesto control dust created as a result of any operationsduring the construction period. If seriousproblemsor complaintsarise due to air-borne dust, or when directed bythe Architect, operations causing such problemsshall be temporarily discontinued and necessary stepstaken to control the dust. G-24 FIRE PROTECTION: The Contractorshall at all timesmaintain good housekeeping practicesto reduce the riskoffire damage orinjuryto worlvnen. All scrap materials, rubbish and trash shall be removed dailyfrom in and aboutthe building andshall not be permitted to be scattered on adjacent property. Suitablestorage space shall be provided outsidethe immediate buildingareaforstoring flammablematerialsand paints; no storage will be permitted inthe building.Excessflammable liquidsbeing used insidethe building shall be kept in closed metalcontainerand removed from the building during unused periods. A fire extinguishershall be available at each location where cutting orwelding isbeing performed. Where electric orgaswelding or cutting workis done, interposed shieldsof incombustible material shall be used to protect againstfire damage dueto sparks and hot metal. When temporary heating devicesare used, a watchman shall be presentto coverperiodswhen otherworlvnen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However, in all casesa minimum of two fire extinguishersshall be available foreach floorof construction. G-25 CUTTING ANDPATCHING: Wherevercuttingandremovalofportionsoftheexistingworkisindicated,suchworkshallbe neatly sawed orcut by Contractorin a mannerthat will produce a neatstraight line, parallel to adjacent surfacesorplumb forvertical surfaces. Care should be exercised not to damage any workthat isto remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECTCLOSEOUT Final Inspection, Record Drawinqs: Attention iscalledto General ConditionsSection entitled, "Substantial Completionand Final PaymenY'. MaintenanceManual: Sheetsshall be 8'/2'x 11", exceptpull outsheetsmaybe neatlyfolded to 8'h"x 11". Manualsshall be bound in plastic covered, 3 ring, loose leaf binderwith title of project lettered on front and shall contain: General Conditionsofthe Contract for Construction Lump Sum Contract Page 14 of27 CFW PMD— Fre Station 45 - RJM March 2021 1) Name, address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative, for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, elecUical panels, service entrance equipment and light fixtures. 4) Manufacturer'sname, type, colordesignationforresilientfloors, windows, doors, concrete block, paint, roofing, and oiher materials. Submit two digital electronic copiesand one hard copy of Maintenance Manuals, priorto request forfinal payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at their expense, competent manufacturer's representativesto completelycheckoutall mechanical and electricalsystemsand itemscovered bytheDrawingsand Specifications This requirement shall be scheduled just prior to and during the initial start-up. After all systems are functioning properly the representativesshall instruct maintenance personnel of the Ownerin the properoperation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees required by technical divisionsof Specificationsshall be properly executed in quadruplicate by subcontractorsand submittedthrough the Contractorto Architect. Delivery of guaranteesshall not relieve Contractorfrom any obligation assumed underContract. The Contractorshall guarantee the entire Projectforone year. In addition, where separate guarantees, forcertain portionsof work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended warranteesshall be included in thiscontract. Guaranteesshall become validand operative and commence upon issuance of Certificate of Inspection and Acceptanceby Owner. Guarantees shall not apply to workwhere damage is result of abuse, neglect by Owner or their successor(s) in interest. The Contractoragreesto warrant theirwork and materialsprovided in accordance with thiscontract and the termsofthe Technical Specificationscontained herein. Unless supplemented by the Technical Specificationsor the manufacturer's normal extended warrantees, the Contractorshall warrant all work materials, and equipmentagainst defectsfora period of one yearfrom the date of final acceptance. The Contractorfurtheragreesto bearall costsof maldng good all workthat isfound to be defective ornot provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or worlvnanship of the Contractor, the Contractorfurtheragrees to bearall cost of repairing and/or replacing damaged itemsand componentsto bring such itemsbackto at least theiroriginal condition. G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment, one print of each of the drawingsaccompanyingthisspecificationshall be neatlyand clearly marked in red bythe Contractorto showvariationsbetweenthe construction actually provided and that indicated orspecified intheContractDocuments. The annotated documentsshall bedelivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of ine work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawingsshall definethe construction actually provided. The representationof such variationsshall conform to standard drafting practice and shall include supplementary notes, legendsand detailswhich may be necessary forlegibilityand clearportrayal ofthe actual construction. The recorddrawingsshall indicate, in addition, theactual location of all sub-surFace utility lines, average depth below the surFace and other appurtenances. G-29 CONSTRUCTION FENCE: The Contractorshallprovideasubstantialchain-linkconstructionfencearoundallorapartof the site. The fencesand gatesmust be maintained throughouttheconstruction period. Removethe fencesand gatesupon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY, STORAGE, HANDLING: The Contractorshall handle, store and protect materialsand products, including fabricated components, by methodsand meanswhich will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality resultsas the work progresses. Control delivery schedulesso as to minimize unnecessary long-term storage at project site priorto installation. G-31 REMOVAL OF SALVAGED MATERIAL: The Contractorshall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment ormaterial identified in the Specificationsor Plansfor Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limitsasdirected by the City. G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer'sreferencesare descriptive, not restrictive. Bidson brands of like nature and qualitywill be considered. Contractorshall inforrn the City of any substitutionsintended forthe projectwithin 5 businessdays of bid opening. Failure to inform the Cityof substitute projectswill obligate the Contractorto provide the specified material if awarded the contract. Within 14 daysafter bid opening and upon request of the Contractor, the Contractor will submit a full sized sample and/ordetailed informationasrequired to allowthe architectto determinethe acceptabilityof proposed substitutions. Where equipment has been listed as "no substitute accepted'; the City will accept no altematesto the specified equipment. SEC110N H CONTRACT 11ME General Conditionsofthe Contract for Construction Lump Sum Contract Page 15 of27 CFW PMD— Fre Station 45 - RJM March 2021 H-1 DEFINI110NS The ContractTime isthe periodoftimeallotted in the ContractDocumentsforcompletionofthe Workand isthe numberofcalendar dayselapsingbetweenthedateofcommencementandthedateofSubstantialCompletionplusadditionaldaysassessed forfailure to complete punch list itemsfrom the Final Inspection in a timely mannerand additionalweatherdaysbeyond what isallotted in me contract. The Date of Commencementof the Workis the date established in the Noticeto Proceed. See attachment "A"fora sample Notice to Proceed. The Date of Substantial Completion ofthe Workor designated portionthereof isthe Date certified bythe Architectwith the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documenls, so the Owner may occupy the Work or designated portion thereofforthe use forwhich it isintended. Final acceptance ofthecompletedworkor any portion thereof can be made only by the Owner, and no otherform of acceptance will be binding upon the Owner. A CalendarDavconstitutes24 hoursoftime and isanyone ofthe seven daysof a week, including Sunday, regardlessofwhethera "Worldng Day" or not, and regardlessofweatherconditionsoranysituation which mightdelayconstruction. An extensionofcontrad time shall be in accordance withthisSection. Extensionsof time will be asrecommended by the Architect with final approval by City of Fort Worth. A Worldnq Dav isdefined asa calendarday, not including Saturdays, Sundays, and legal holidays, in whichweatherorotherconditions not underthe control ofthe Contractorpermitthe performance ofworkfora continuousperiod of not lessthan seven hoursbetween 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documentsshall be construed asprohibiting theContractorfrom wor4ang on Saturdays if he so desires. Legal holidaysfor the City of Fort Worth are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Day, and the day after Thanksgiving, Christmas Day, Memorial Day and Martin Luther King Jr. Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiouslywith adequate forcesand shall complete it within the Contract Time. H-3 CONSTRUCTION WORK: Noisecreatedbyconstructionworkwithinthreehundred(300)feetofanoccupiedresidential structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as fo I I ows: Before 7:00 a.m. or after 8:00 p.m. Monday-Friday Before 9:00 a.m. or after 8:00 p.m. Saturday-Sunday H-4 DELAYSAND EXTENSIONSOFTIME: IftheContractorisdelayedatanytimeintheprogressoftheWorkbyanyactor neglectofthe Ownerorthe Architect, orbyanyemployeeofthe Owner, orbyanyseparate contractoremployedbythe Owner, orby changesordered in the Work, orbylabordisputes, fire, unusual delayintransportation, unavoidablecasualtiesoranycausesbeyond the Contractor'scontrol, orbyanycausewhichtheArchitectdeterminesmayjustifythedelay, thenthecontracttime maybeextended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormalweatherconditions, the weathertable providedasWT-1 in these Contract Documentsshall be used asthe basisfor providing a fair and equitable adjustment of the contract time. All claimsforextension oftime shall be made in writing to the Architect no more thanfifteen daysafterthe occurrence ofthe delay, otherwise they shall be waived. If no schedule oragreement ismade stating the datesupon which written interpretationsshall be fumished, then no claimfordelay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not ihen unless such a claim is reasonable. H-5 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any Idnd (other than the extensions of time provided for)shall bemade tothe Contractorfordamagesbecause of hindrancesordelaysfrom an cause in theprogressofthework whether such hindrancesor delays be avoidableor unavoidable, and the Contractor agrees that they will make no claim for compensation, damagesor mitigation of liquidated damagesforanysuch delays, and will accept in full satisFaction forsuch delays said extension of time. SEC110N I PAYMENTS AND COMPLE110N I-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractorforthe performance of the Workunderthe Contract Documents. I-2 SCHEDULEOFVALUES: BeforethefirstApplicableforPayment,theContractorshallsubmittotheArchitectaSchedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum, divided so asto facilitatepaymentsto Sub-contractors, prepared insuch form asspecified orasthe Architectand theContractormay agree upon, and supported bysuch data tosubstantiatecorrectnessasthe Architect may require. Each item inthe Schedule of Values shall include propershare of overhead and profit. ThisSchedule, when approved by the Architect and the Owner, shall be used asa basisforthe Contractor'sApplicationsforPayment. General Conditionsofthe Contract for Construction Lump Sum Contract Page 16 of27 CFW PMD— Fre Station 45 - RJM March 2021 I-3 PROGRESS PAYMENTS: On the first day of each month afterthe first month'swork has been completed, the Contractor will make current estimatesin writing forreviewby the Architect and Ownerof materialsin place complete and the amountofwork performed during the preceding monthorperiod and the value thereofat the pricescontractedforasshown on the approved Schedule ofValuesand ProgressSchedule. If paymentsare to be made on account of materialsorequipment not incorporated in the Work but delivered and suitablystored at the site such paymentsshall be conditioned upon submission bythe Contractorof billsof sale or such otherproceduressatisfactory to the Ownerto establi sh the Owner'stitle to such materialsorequi pmentor otherwise protect the Owner's i nterest i ncludi ng applicable insurance and transportation to the site. The Contractorwarrantsand guaranteesthattitle toall Work, materialsand equipment covered byanApplicationforPayment,whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, securityinterestsorencumbranceshereinafterreferred to as"liens; and thatno Work, materialsorequipmentcovered byan ApplicationforPaymentwill have beenacquired bythe Contractor, orbyany otherpersons performingthe Workatthe site or furnishing materialsand equipmentfortheWork, subjectto an agreement underwhich an interesttherein oran encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for PaymenY', and attached theretoAlA DocumentG703, "Continuation SheeY', to indicate the progressmade to date andthe periodormonthforwhich payment isrequested foreach Item listed inthe ScheduleofValues. Acopyofthe revised monthlyworkprogress schedule mu� be attached before the pay request can be accepted. I-4 CERIIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the Architect will, v�ith reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, v�ith a copytothe Contractor, forsuch amount determined to be properly due, orstate in writing reasonsforwithholding a Certificate. The issuance ofa Certificate forPaymentwill constitute a representation bythe Owner, based on the ArchitecYsobservationsat me site and the data comprising the Application forPayment, thatthe Workhas progressed to the point indicated;thatthe qualityofine Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviationsfrom the Contract Documentscorrectable priorto completion, and to anyspecific qualificationsstated in the Certificate); and recommendationsto the Owner that the Contractor be paid in the amount certified. In addition, the ArchitecYs approval of final payment assures the Owner thatthe conditionsprecedentto the Contractor'sbeing entitled to final payment asset forth in thisSection have been fulfilled. Afterthe Architect hasissued a Certificate forPayment, the Ownershall approve ordisapprovesame within ten daysafterit hasbeen delivered to the Owner. For contracts less than $400,000, Owner shall pay 90°/o of the approved estimate to the Contractor within seven daysafterapproval, and the remaining 10%ofeach such estimatewill be retained bythe Owneruntil Substantial Completion. Forcontractsin excessof $400,000, the Ownerwill retain only 5% of each estimate until Substantial Completion. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by me Owner, shall constitutean acceptance of any Worknot in accordance with theContractDocuments, orrelieve theContractorof liability in respect to anywarranties or responsibilityforfaulty materialsorworlvnanship. The Contractorshall promptly remedyanydefeds in the Work and pay for any damage to otherwork resulting therefrom that shall appearwithin a period of one yearfrom the date of final acceptance ofthe Workunlessa longerperiod isspecified. I-5 PAYMENTS WITHHELD: The Architect may decline to approve an Application for Payment and may withhold me Certificate in whole orin part if in theiropinion they are unable to make the representationsto the Owneras provided in thisSection. The Architect may also decline to approve any Applicationsfor Payment or, because of subsequently discovered evidence or subsequent inspections, may nullifythe whole orany part of any CertificateforPayment previously issued to such extent as may be necessary in theiropinion to protect the Ownerfrom lossbecause of: 1) Defective work not remedied; 2) Claimsfiled or reasonable evidence indicating probable filing of claims; 3) Failure ofthe Contractorto make paymentsproperlyto Subcontractors, orforlabor, materialsorequipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; 6) Reasonable indication that the Workwill not be completed within the Contract Time; or 7) UnsatisFactory prosecution of the Work by the Contractor. When such groundsfor the refusal of payment are removed, payment shall be made for amountswithheld because of them. The Owner reserves the right to withhold the payment ofany monthly esti mate, without payment of interest, if the Contractorfai Isto perforrn the Work in accordance with the specifications. I-6 LIQUIDATED DAMAGES: The partiesagree and aclmowledge that actual damagesare uncertainand difficult to ascertain because the Project relates to construction for a municipality. Normal damagesof lost rent or profit are not applicable in this General Conditionsofthe Contract for Construction Lump Sum Contract Page 17 of27 CFW PMD— Fre Station 45 - RJM March 2021 circumstance because the City isa municipality and the Projectwill notreceive rent andthe Citywill not have lost profits. Therefore, the partiesagree that because City's actual damagesare too difficult to ascertain that the liquidated damagesstated beloware reasonable and a correct representation of actual damagesto the City. The partiesalso agree that the liquidated damagescalledfor in thiscontractare nota penaltybutan agreed upon damagescalculationbytwo sophisticated parties. The deductionforliquidated damagesshall be asfollows: Amount of Contract Liquidated Damages per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 Over $10,000,000 $980 I-7 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the Architect should fail to issue any Certificate for Paym ent with in seven daysafter recei pt of the Contractor'sAppl ication for Payment, if the Contractor'sAppl icati on for Payment, or if, withoutfault on the part ofthe Contractor, the Ownershould fail to approvesuch estimateorto payto the Contractor90%or95% (as appl icable) of the amountthereofwithin the period of ti me specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. I-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Priorto the requestforfinal payment, the Contractormust meet all provisionsfor Project Closeout. When the Contractor determ inesthat the Worki s substantial ly complete, the City shal I i nspect the project with the Contractorand me contractorwill prepare a"Preliminary Punch List". When the Architect,on the basisof a subsequent inspection, determinesthatthe Workissubstantiallycomplete, theythenwill prepare a Certificate of Substantial Completion (G704)which, when approved bythe Owner, shall allowthe Contractorto request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state me responsibilitiesofthe Ownerand the Contractorformaintenance, heat,utilities, and insurance, shall setforth the remainingworkas a"final punch list". The Contractorshall complete the remainingworklisted therein within 30 calendardays. When the Certificate of Occupancy has been issued, the retainage may be reduced to 4%. Upon completion oftheworklisted on the final punch listto the satisFactionofthe City of Fort Worth, the retainage may be reduoed to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within the fixed time, the contract timewill again commence. Should the Contractorfail to complete the workwithin the contract duration, liquidated damageswill be assessed Upon receipt ofwritten notice thatthe Workis readyforfinal inspection, the Citywill conductajoint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractorshall submit the following itemsto the City priorto requesting final payment: 1) Contractor's Affidavit of Paymentof Debtsand Claims(G706) stating thatall payrolls, billsformaterialsand equipment, and otherindebtednessconnected with the Workfor which the Ownerortheir property mightin any way be responsible, have been paid orotherwise satisfied, 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) Contractor'sAffidavit of Release of Liens (G706A), and, 4) Otherdata establishing payment orsatisfaction of all such obligations, such as receipts, releases, and waivers of liensarising out of the Contract, to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman orlaborerrefusesto fumish a Contractor'sAffidavit of Release of Liens, the Contractormay, atthe election of the Owner, furnish a bond satisfactory to the Owner to indemnify them against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractorshall refundto the Ownerall moniesthatthe lattermay becompelled to payto discharging such right,claim or lien, including all costsand reasonable attorney'sfees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. General Conditionsofthe Contract for Construction Lump Sum Contract Page 18 of27 CFW PMD— Fre Station 45 - RJM March 2021 The Contractorsone-yearwarrantywill commence upon Substantial Completionofthe Project. Treeswill be warranted fora period oftwo-years perCityordinance. Priorto the expiration ofthe one yearwarrantythere will be a walkthrough attended bythe Owner, Architect, and Contractorto identify any itemsthat need to be addressed. These itemswill be agreed upon by all partiesand me contractorwill complete the workwithin 30 days. The designated representative ofthe City of Fort Worth will make final acceptance and no otherform of acceptance will be binding upon the Owner. I-9 FINAL PAYMENTFOR UN-BONDED PROJECTS: Final paymentwill not be madefora period of 30 calendardaysand until all requirements have been met, with the exception of Consent of Surety for Final Payment. SEC110N J PROTEC110N OF PERSONS AND PROPERN J-1 SAFEN PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautionsand programsin connectionwith the Work The Contractorshall designate a responsiblemember oftheirorganization at the site whose duty shall be the preventionof accidenls. Thisperson shall be the Contractor'ssuperintendent unlessotherwise designated in writing by the Contractorto the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractorshall take all reasonable precautionsforthe safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) All employeeson the Workand all otherpersonswho may be affected thereby; (2) All the Workand all materialsand equipmentto be incorporated therein, whether in storage on or-off the site, underthe care, custody or control of the Contractor or any of their Subcontractors or Sub-contractors; and (3) Otherpropertyatthesiteoradjacentthereto,includingtrees,shrubs,lawns,walks,pavements,roadways,structuresandutilities not designated for removal, relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and they shall take every precaution again� injuryordamage to the Work bythe action ofthe elementsorfrom anyothercause whatsoever, whetherarising from the execution or from the non-executionofthe Work. The Contractorshall rebuild, repair, restore and make good, at hisown expense, all injuriesor damagesto any portion of the Workoccasioned by any of the above, caused before completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authoriiy having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. They shall erect and maintain, as required byexisting conditionsand progressofthe Work, all reasonable safeguardsforsafetyand protection, including posting danger signsand otherwarningsagainst hazards, promulgating safety regulationsand notifying ownersand usersof adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractorshall exercise the utmost care and shall carryon such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphscaused in whole or in part by the Contractor, any Subcontractor, or anyone directly or i ndirectly employed by any of them, or by anyone forwhose actsany of them may be I iable, shall be remedied bythe Contractor, including damage orlossattributable to faulty DrawingsorSpecificationsand actsoromissionsofine Architect or anyone employed by them or for whose actsthey may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Workto be loaded so asto endanger safety. J-3 HARDHATS: HardHatswillberequiredatallconstructionsitesincludedinthisContractfromstarttocompletionofwork Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractorshall enforce thewearing of hard hatsby Contractor, employeesand visitors. Contractorshall provide hard hatsforuse by the consulting Architectsand Engineersand visitors. J-4 EMERGENCIES: Inanyemergencyaffectingthesafetyofpersonsorproperty,theContractorshallactattheirdiscretion to preventthreatened damage,injuryorloss. Anyadditionalcompensation orextension oftimeclaimed bythe Contractoron acoount ofemergencyworkshall be determined asprovided in Changesin the Work J-5 SAFE WORK PRACTICES: The Contractorshall employsafe practicesin handling materialsand equipmentused in performingrequiredworksoastoinsurethesafetyoftheirworla�nen,Cityemployeesandthepublic. TheContractorshallkeepthe premisefreeatalltimesfromaccumulationofwastematerialsorrubbish. Atthecompletionofthework,theContractorshallremove all theirwastesand rubbish from and abouttheworkarea, aswell astheirtools, equipmentand surplusmaterialsand shall leaveme area asclean and free of spot, stains, etc., asbefore the workwasundertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires, the Contractorshall include a per-unit cost fortrench safety General Conditionsofthe Contract for Construction Lump Sum Contract Page 19 of27 CFW PMD— Fre Station 45 - RJM March 2021 measures in theirbid. If not included in the Proposal, theContractorshall include a costfortrench safety measuresfor all trenches over 5 feet in depth in their Schedule of Values. �9X�31[�]��:d1►6Y�1:L1�[y� K-1 INSURANCE REQUIRED: The Contractorshall not commencework underthis Contract until they have obtained all insurance required underthisSection and such insurance hasbeen approvedbythe Cityof Fort Worth, norshalltheContractorallow any Subcontractorto commenceworkto be performed underthisContract until all similarinsurance ofthe Subcontractorhasbeen so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. K-2 WORKERS' COMPENSAl10N INSURANCE 1) General: a) Contractor'sWorker's Compensation Insurance. Contractoragreesto provide tothe Owner(City)a certificate showing ihat it has obtained a policyofworkers compensation insurance covering each oftheiremployeesemployedon the project in compliance with state law. No Notice to Proceed will be issued until the Contractorhascomplied with thissection. b) Subcontractor's Worker's Compensation Insurance. Contractor agreesto require each and every subcontractor who will perform work on the projectto provide to it a certificate from such subcontractorstatingthatthe subcontractorhasa polic.y of workers compensation insurance covering each employee employed on the project. Contractorwill not permit any subcontractorto perform workon the project until such certificate hasbeen acquired. Contractorshall providea copyof all such certificatesto the Owner(City). c) By signing thisContract orproviding orcausing to be provided a certificate of coverage, the Contractorisrepresenting to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage forthe duration of the project, that the coveragewi I I be based on proper reporting of classification codes and payroll amounls, and thatall coverage agreementswill be filedwith the appropriate insurancecarrieror, in the case of a self-insured, with the Texas Worker's Compensation Commission'sDivision of Self-Insurance Regulation. Providing false or misleading information may subjectthe Contractorto administrative penalties, criminal penalties, civil penaltiesorothercivil actions. d) TheContractor'sfailuretocomplywithanyoftheseprovisionsisabreachofcontractbytheContractorwhichentitlesme City to declare the contract void if the Contractordces not remedy the breach wiU�in ten daysafter recei pt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage ("certificate"). A copyof a certificate of insurance,a certificate ofauthorityto self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutoryworkers' compensation insurance coverageforthe person'sorentity'semployeesproviding servioes on a project, forthe duration of the project. b) DurationoftheProject. IncludesthetimefromthebeginningoftheworkontheprojectuntiltheContractor's�person'swork on the project has been completed and accepted by the City. c) Persons providing serviceson theproject ("subcontractor" insection406.096)-includesall personsorentitiesperForrning all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directlywith the Contractorand regardlessof whetherthat person has employees. Thisincludes, without limitation, independentcontractors, subcontractors, leasingcompanies, motorcarriers, owner-operators, employeesofany such entity, or employeesof any entity which furnishes persons to provide serviceson the project. "Services" indude, without limitation, providing, hauling, ordelivering equipmentor materials, or providing labor, transportation, orother services related to a project. "Services" doesnot include activitiesunrelated to the project, such asfood/beveragevendor� office supply deliveries, and delivery of portable toilets. 3) Requirements: a) The Contractorshall providecoverage, based on properreporting of classification codesand payroll amountsand filing of any coverage agreements, which meetsthe statutory requirementsof TexasLabor Code, Section 401.011(44)forall employeesof the Contractor providing servicesof the project, forthe duration of the project. b) The Contractormust provide a certificate of coverage to the govemmental entity prior to being awarded the contract. c) Ifthe coverage period shown on the Contractor'scurrentcertificate ofcoverage endsduring thedurationofthe project,me Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing ihat coverage has been extended. d) The Contractorshall obtain from each person providing serviceson a project, and provide to the City: i) a certificate of coverage, priorto that person beginning workon the project, so the governmental entity will have onfile certificatesof coverage showing coverage forall personsproviding serviceson the project; and ii) no laterthan seven daysafterreceipt bythe Contractor, a newcertificateofcoverageshowingextension ofcoverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. General Conditions of the Contract for Construction Lump Sum Contract Page 20 of 27 CFW PMD— Fre Station 45 - RJM March 2021 e) TheContractorshallretainallrequiredcertificatesofcoverageforthedurationoftheprojectandforoneyearthereafter. f) The Contractorshall notifythe City inwriting bycertified mail orpersonal delivery, within ten (10)daysafterthe Contractor Imew orshould have Imown, of any changethat materially affectsthe provision of coverageof any person providing services on the project. g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lackof coverage. h) The Contractorshall contractually require each person with whom it contractsto provide serviceson a project, to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meetsthe statutory requirementsofTexaslaborCode, Section 401.011(44)forall oftheiremployees providing serviceson the project, forthe duration ofthe project; ii) provide to the Contractor, priorto that person beginning workon the project, a certificateof coverageshowingthatcoverage isbeing provided forall employeesof the person providing serviceson the project, forthe duration of the project; iii) providetheContractor,priortotheendofthecoverageperiod,anewcertificateofcoverageshowingextensionofcoverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning workon the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if ine coverage period shown on the current certificate of coverage endsduring the duration of the project; v) retain all required certificatesof coverage on file forthe duration of the project and forone yearthereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person laiew or should have Imown, of any change that materially affectsthe provision of coverage of any person providing serviceson the project; and vii) contractually require each person with whom it contracts, to perform asrequired by paragraphsh-i)-vii), with the certificates of coverage to be provided to the person forwhom they are providing services. 4) Posting of Required Worker'sCompensation Coverage: a) TheContractorshallpostanoticeoneachprojectsiteinformingallpersonsprovidingservicesontheprojectthattheyare required to be covered, and stating howa person mayverifycurrent coverage and reportfailure to providecoverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. Thisnoticemust be printed with a title in at least 30 point boldtype and textin at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text forthe noticesshall be the following text, without any additional wordsorchanges: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person worldng on this site or providing services related to this construction projed must be covered byworker's compensation insurance. Thisincludespersonsproviding, hauling, ordelivering equipmentormaterials, orproviding laborortransportation orotherservice related tothe project, regardlessof the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirementfor coverage, to verify whether your employer has provided the required coverage, or to report an employer'sfailure to provide coverage." K3 LIABILIN INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect them, theCity of Fort Worth and any Subcontractorperforming workcovered bythisContract, from claims of damagewhich mayarisefrom operationsunderthisContract, including blasting, when blastingisdone on, or in connection v�ith the Work of the Project, whether such operations be by themselves or by any Subcontractor or by anyone directly or indiredly employed by either of them and the limitsof such insurance shall be not lessthan the following: 1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "anyauto" including leased, hired, owned, non-owned andborrowed vehiclesused in connection withthis Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage underthe policy shall be ascomprehensive asthat provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specifically requiresthe removal of AsbestosContaining Material$ the Contractor, or subcontractorperforming the removal, shall be requiredto maintain AsbestosAbatement Liability Insuranoe asfollows: $1,000,000 peroccurrence; $2,000,OOOaggregate limit. Thecoverage shall include anypollution exposure, induding environmental impairment liability, associated with the servicesand operationsperformed underthiscontract in addition to sudden and accidental contamination orpollution liabilityforgradual emissionsand clean-up costs. General Conditionsofthe ContractforConstruction Lump Sum Contract Page21 of27 CFW PMD— Fre Station 45 - RJM March 2021 K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation, the Contractorshall procure, pay forand maintain atalltimesduringtheterm ofthisContract, Builder'sRisk Insuranceagainstthe perilsoffire, lightning, windstorrn, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and maliciousmischief, at a limit equal to 100% of the Contract Sum. The policyshall includecoverage formaterialsand supplieswhile in transitand while being stored onoroffsite. Ifspecificallyrequired in the Instructionsto Bidders, the policyshall include coverageforfloodandearthquake. Differentsub-limitsforthese coveragesmu� be approved by the City. Consequential damage due to faulty worlvnanship and/or design performed by the Contractor or their agents shall be covered. Upon completion of the Work, the Contractorshall notifythe City of Fort Worth in writing before terminating thisinsurance. K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractorshall provide a certificate of insurance documenting the Property ManagementDepartment, City of Fort Worth as a"Certificate Holder", and notingthe specific project(s) covered by the Contractor's insuranceasdocumentedonthecertificateofinsurance. MorethanonecertificatemayberequiredoftheContractordependingupon the agentsand/orinsurersforthe Contractor'sinsurance coveragesspecified forthe project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policiesmaintained byContractorand theirsubcontractor(s), ifapplicable, shall be authorized to do businessin the State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar astheirfinancialstrengthandsolvencyareconcemed. Anycompanythroughwhichtheinsuranceisplacedmusthavearating of at IeastA:Vll, as stated in current edition ofA. M. BesYsKey Rating Guide. Atthe City'ssole discretion, a lessfavorable rate may be accepted by the City. 4) Deductiblelimitsoninsurancepoliciesand/orself-insuredretentionsexceeding$10,OOOrequireapprovaloftheCityofFortWorth as respects th i s Contract. 5) The Cityof Fort Worth shall be notified inwriting a minimumofthirtydayspriorto an insurer'saction in the eventofcancellation or non-renewal in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limitsof insurance shall be available for claimsarising out of this Contract with the City of Fort Worth. 7) TheContractorshallprovidecertificatesofinsurancetotheCitypriortocommencementofoperationspursuanttothisContract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insuranoe requirementsspecified herein. 8) The Cityof Fort Worth shall be entitled, upon requestand withoutincurringexpense, to reviewthe insurance policiesinduding endorsementsthereto and, at their discretion, to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of anyactual orpotential claim and/orlitigation thatwould affect insurance coveragesrequired herein shall be provided to the City in a timely manner. 11) "Otherinsurance" asreferenced in anypolicyofinsuranceproviding coveragesrequired herein shall notapplyto anyinsuranoe policy or program maintained by the City of Fort Worth. 12) Contractorshall agree to eitherrequiretheirsubcontractorsto maintain the same insurancecoveragesand limitsthereofas specified herein orthe Contractorshall provide such coverage on the Contractor'ssubcontractors. SEC110N L CHANGES IN THE WORK L-1 CHANGEORDER: TheOwner,withoutinvalidatingtheContract,mayorderChangesintheWorkwithinthegeneralscope of the Contract consisting of additions, deletionsor otherrevisions, the Contract Sum and the Contract Time being adju�ed accordingly. All Such Changesin the Work shall be authorized by Change Order, and shall be executed underthe applicable conditionsof the Contract Documents. A Change Orderisa written orderto the Contractorsigned bythe Contractor, Ownerand the Architect, issued afterthe execution of the Contract, authorizinga Change inthe Workor adjustment inthe Contract Sum orthe ContractTime. The Contract Sum andthe Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, �all be coordinatedwiththeDirector,PropertyManagementDepartment. Achangeordermustbewrittenanddulynegotiatedandexecuted priorto performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: General Conditions of the Contract for Construction Lump Sum Contract Page 22 of 27 CFW PMD— Fre Station 45 - RJM March 2021 1) by mutual acceptanceofa lump sum property itemized, includingthe allowanceto Contractorforoverheadand profitstipulated in the original contract proposal; 2) by unit pricesstated in the Contract Documentsorsubsequently agreed upon; or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methodsset forth herein above isagreed upon, the Contractor, provided they receive a Change Order, shall prompUy proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expendituresand savings, including a reasonable allowanceforoverhead and profit as indicted in the original contract proposal. In such cases, the Contractorshall keep and present, in such form asthe Architectshall prescribe, an itemized accountingtogetherv�ith appropriate supporting data. Pendingfinal determination of costto the Owner, paymenlson account shall be made on theArchitecYs Certificate of Payment as approved by the Owner. Ifafterthe Contract has been executed, the Architect, requestsa price proposal from the Contractorfora proposed change in scope ofthe work, Contractorshall processsuch proposal within seven daysof receipt and returnthe price quoteto the Architect in writing. The Architect shall reviewthe price quotation and if approval isrecommended,forward the proposed change orderrequest and price proposal to the Ownerfor approval. If approval isnot recommended,the Architectwill attemptto negotiatewith Contractorto revi� the proposal to a figure which isfairand reasonable andforward itonto the Ownerforapproval. Ifthe negotiationsdo not result in an equitable solution,the Architectshall prepare a cost-plustype Change Orderwitha price-not-to-exceedfigure forapproval bytheQiy and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractoris advised that according to Cityof Fort Worth Charter, that, the City Council must approve all ChangeOrdersand Work Orders which results in an increase in cost of the contract amount by over $100,000. Normal processing time for the City Staff to obtai n City Counci I approval, once the recommended change order hasbeen received at the City, isapproximately thi rty days. Owner and Contractorshall endeavorto identifyChangeOrderitemsasearly in the Construction processaspossible to minimize theirimpact on the construction schedule. If unit pricesare stated in the Contract Documentsorsubsequentlyagreed upon, and ifthe quantitiesoriginallycontemplatedare s� changed in a proposed Change Orderthat application of the agreed unit pricesto the quantitiesof Work proposed will create a hardship on the Ownerorthe Contractor, the applicable unit pricesshall be equitably adjusted to prevent such hardship. Ifthe Contractorclaimsthatadditional costortime isinvolvedbecause of(1)anywritten interpretation issued pursuantto Section A, (2) anyorderbytheArchitectorOwnerto stopthe Workpursuantto Section B, wherethe Contractwasnotatfault, or(3)anywritten orderfora minorchange in the Work, the Contractorshall make such claim. L-2 CLAIMS FORADDITIONAL COSTORTIME: Ifthe Contractorwishesto make a claim foran increase in the Contract Sum or an extension in the Contract Time, they shall give the Architect written notice thereof within a reasonable time after the occurrence of the eventthat gave rise to such claim. Thisnotice shall be given bythe Contractorbefore proceeding to execute the Work, exceptinanemergencyendangeringlifeorpropertyinwhichcasetheContractorshallproceedinaccordancewithSectionJ. No such claim shall be valid unlessso made. Anychangeinthe ContractSum orContractTime resultingfromsuch claim, ifapproved by the Owner, shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall be added to Material and Laborcoststo coveroverhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent 15% . 2. Allowanceto the Contractorforoverheadand profitforextra workperFormed bya Subcontractorand supervised bythe Contractor shall not exceed ten percent 1( 0%l. L-4 MINORCHANGESINTHE WORK: TheArchitectshallhaveaumoritytoorderminorchangesintheWorknotinvolvingan adjustment inthe Contract Sum oran extensionofthe ContractTimeand not inconsistentwith the intent oftheContract Documenls Such changesmaybe effected by Field Orderorbyotherwritten order. Such changesshall be confirmedin writing bytheArchitect and shall be binding on the Ownerand the Contractor. L-5 FIELD ORDERS: The Architect may issue written Field Orderswhich interpret the Contract Documents, orwhich order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SEC110N M UNCOVERING AND CORREC110N OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contraryto the request ofthe Owner, it must be uncoveredfor observation and replaced, at the Contractor's expense. If anyotherwork has been covered which the Ownerhas not specifically requested to observe priorto being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plansand Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. General Conditions of the Contract for Construction Lump Sum Contract Page 23 of 27 CFW PMD— Fre Station 45 - RJM March 2021 Ifsuch work be found not in accordancewith the Plansand Specifications, the Contractorshall paysuch costs unless it isfound that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: TheContractorshall promptlycorrectallworkrejected bytheArchitectorOwnerasdefective or asfailing to conform to the Plansand Specificationswhetherobserved before orafterSubstantial Completion and whetherornot fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the ArchitecYs additional service thereby made necessary. If, within one yearafterthe Date of Substantial Completion orwithin such longerperiod of time asmay be prescribed by laworby the terms of any applicable special guarantee required by the Contract Documents, any of the work isfound to be defective or not in accordance with the Contract Documents, the Contractorshall correct it promptly afterreceipt of a written notice from the Ownerto do so, unlessthe Ownerhaspreviously given theContractora written acceptance ofsuch condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective ornon-conformingworkunderthe preceding paragraphsshall be removed from thesite where necessaryand the work shall be corrected to comply with the Contract Documents without cost to the Owner. Defective ornon-conformingworkshall be completed in a timely manner. TheContractorshall respond and/orrepairanyworkthat is deemed an emergencybythe Citywithin 24 hours. The Contractorshall respond and/orrepairanyotherdefectiveornon-conforming work within three wor4cing days. The Contractor shall bear the cost of ma4dng good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non-conforming workwithin a reasonable time fixed by written notice from the Owner, the Owner may remove it and may store the materialsorequi pment at the expense of the Contractor. If the Contractordoes not pay the cost of such removal and storage within ten daysthereafter, the Ownermay upon ten additional days written notice �II such work at auction orat private sale and shall accountforthe net proceedsthereof, afterdeductingall the coststhat should have been bome bythe Contractorincluding compensation foradditional architecturalservices. If such proceedsofsale do notcoverall costs thatthe Contractorshould haveborne,the differenceshall be charged to the Contractorand an appropriateChange Ordershall be issued. If the paymentsthen orthereafterdue the Contractorare not sufficientto coversuch amount, theContractorshall paythe difference to the Owner. Ifthe Contractorfailsto correct such defective or non-conforming work, the Owner may correct it in accordance with Section G. The obligation ofthe ContractorunderthisSection shall be in additionto and not in limitationofanyobligationsimposed upon them byspecial guaranteesrequired bythe Contract Documentsorotherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non- conformingwork, he maydo so instead of requiring removal and correction, in which case a ChangeOrderwill be issued to reflect an appropriate reduction inthe ContractSum,or, ifthe amountisdetermined afterfinal payment, it shall be paid by the Contractor. SEC110N N 7ERMINAl10N OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or otherpublic authority having jurisdiction, through no act orfault of the Contractorora Subcontractorortheiragentsoremployeesor anyotherpersonsperforming anyoftheworkundera contractwith the Contractor, orifthe workshould be stoppedfora periodof30 days by the Contractorfor the Owner's failure to make payment thereon asprovided in Section I, then the Contractormay afterthe end of such period of 30 daysand upon seven additional days written notice to the Owner, terminate the Contract. N-2 TERMINATION BYTHE OWNER: IftheContractorisadjudgedasbanlvupt,oriftheymakeageneralassignmentforme benefitoftheircreditors, orifa receiverisappointed on accountoftheirinsolvency, orifthe Contractorrefuses, exceptin casesfor which extension of time is provided, to supply enough properly sldlled worlvnen or proper materials, or if they fail to make prompt paymentto Subcontractorsorformaterialsorlabor, orfailsto complywith all Laws, Statutes, Charter, Ordinances, Regulationsor Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contrad Documents, then the Owner, on their own initiative that sufficient cause existsto justify such action, may, without prejudice to any rights or remedyand aftergiving the Contractorand theirsurety, ifany, seven (7) days written notice, terminate the employment of the Contractorand take possession ofthe site and of all materials, equipment,tools, construction equipment and machinerythereon owned bythe Contractorand mayfinish the work bywhatevermethod theymaydeemexpedient. In such case the Contractorshall not be entitled to receive any further payment until the Work isfinished. If the costs of finishing the Work, including compensation forthe ArchitecYsadditional servicesexceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate thiscontract in whole, orfrom time to time, in part, wheneversuch terrnination is in the be� interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the workof the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: General Conditions of the Contract for Construction Lump Sum Contract Page 24 of 27 CFW PMD— Fre Station 45 - RJM March 2021 a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminateallordersandsubcontractstotheextentthattheyrelatetotheperformanceoftheworkterminatedbythenoticeof termination. Aftertermination asabove, the Citywill paythe Contractora proportionate partofthe contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the pofion thereofallocabletotheworknotcompletedandfurtherreducedbytheamountofpayments,if,anyotherwisemade. Contractorshall submit a claim foramountsdue aftertermination asprovided inthisparagraph wimin 30 daysafterreceiptof such claim. In the event of any dispute or controversy as to the propriety orallowability of all orany portion of such claim underthisparagraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision bythe City Counal of the City of Fort Worth shall be final and binding upon all partiesto thiscontract. SEC110N O SIGNS The Contractorshall construct and installthe projectdesignationsign asrequired inthe Contract Documentsand in strictaccordance with the Specificationsfor"Project Designation Signs."Thissign shall be apart ofthisContract and shall be included in the Contractor's Base Bid forthe Project. The Contractormay install theircompany sign and shall allowtheArchitectto install theircompany sign. No othersignswill be allowed. SEC110N P TEMPORARY FACILIIIES P-1 SCOPE: The Contractorshall furnish, erect, and maintain facilitiesandperform temporaryworkrequired in the perforrnanoe ofthisContract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all worlvnen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most effiaent utilization. P3 MAINTENANCE AND REMOVAL: The Contractorshall maintain temporaryfacilitiesin a proper, safe operating and sanitary condition forthe duration ofthe Contract. Upon completion of the Contract, all such temporary workand facilitiesshall be removed from the premisesand disposed of unlessotherwise directed orspecified hereunder. P-4 FIELD OFFICES AND SHED: The Contractorisnot required to provide a temporaryfield office ortelephone forprojeds under$1,000,000. Contractorshall equip the Project Superintendent with a pagerand provide 24-hourcontactsto the City. The Contractorshall providea temporaryfieldoffice building forthemselves, theirsubcontractorsand use bythe Architectand Owner. Forconstruction contractswith a bid price inexcessof $1,000,000.00, theContractorshall provide a separatefieldofficeforthe Citys field representative (buttheseparate office may be inthe same structure). The buildingsshall afford protection againstthe weather, and each office shall havea lockabledoor, at least one window, adequateelectrical outletsand lighting, and a shelf largeenough to accommodate perusal ofthe projectdrawings. Openingsshall have suitablelocks. Field officesshall be maintainedforthe full time during the operationoftheworkofthe Contract. During coldweathermonths, the fieldofficesshall be suitablyinsulatedandequipped with a heating device to maintain 70 degree Fahrenheittemperature during the workday. During warm weatherthe officesshall be equippedwithanairconditioningdevicetomaintaintemperaturebelow75degreesF. UponcompletionoftheworkoftheContrad, the Contractorshall remove the building fromthe premises. In addition to the drawingshelf, provide forthe Cityfield representatives office: one desk, fourchairs, plan rackand a four drawerfiling cabinet (with lock). Each officeshall contain not lessthan 120 square feet of floor space. The Contractorshall provideand maintain storage shedsand othertemporary buildingsortrailerson the project site as required for theiruse. Location ofshedsand trailersshall be asapproved bythe Owner. Remove shedswhen workis completed,orasdirected. P-5 WIRELESS CONNECTION: The Contractorshall provide and payforwirelessintemetconnection (WIFI)forthe Cityand Architect. P-6 TOILETFACILITIES: TheContractorshallprovideproper,sanitaryandadequatetoiletfacilitiesfortheuseofallworknen and subcontractorsemployed on the project. P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required duringtheconstruction. Contractorshallprovideandinstalltemporaryutilitymetersduringthecontractconstructionperiod. The� meterswill be read and the Contractorwill be billed on thisactual use. The Contractorshall provide all laborand materialsrequired to tap into the utilities. The Contractorshall make the connectionsand extendthe service linesto the construction area foruse of all trades. Upon completion ofthe workall utility linesshall be removed and repairsmade to the existing lines. Onlyutilitiesatexisting voltages, pressures, frequencies, etc. will be available to the Contractor. General Conditions of the Contract for Construction Lump Sum Contract Page 25 of 27 CFW PMD— Fre Station 45 - RJM March 2021 Water. Provide an ample supply of potable waterforall purposesof construction at a point convenientto the project orasshown on the Drawings. Pipe waterfrom the source of supply to all pointswhere waterwill be required. Provide sufficient hose to carry waterto every requi red part of the construction and al lowthe use of waterfaci I itiesto subcontractors engaged on the work Provide pumps, tanksand compressorsasmay be required to produce required pressures. ElectricService. Provideadequateelectricserviceforpowerandlightingtoallpointswhererequired. Temporary,electricservice shall be of sufficient capacity and characteristicsto supply proper current for various types of construction tools, motors, welding machines, lights, heatingplant,airconditioningsystem, pumps, and otherworkrequired. ProvidesufficientnumberofelectricouUets so that 50 foot long extension cordswill reach all work requiring light or power. Liqhtinq. Supplyandmaintaintemporarylightingsothatworkofalltradesmaybeproperlyandsafelyperformed,insuchareasand at such time that day-lighting isinadequate. Provide at least 0.75 wattsof incandescent lighting persquqr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event, the lighting intensity shall not be lessthan 5 foot candles in the vicinity of workand traffic areas. P-8 HEATING: Heating devicesrequired underthis paragraph shall not be electric. The Contractorshall provide heat, ventilation, fuel and servicesas required to protect all workand materialsand to keep the humidity down to the extent required to preventcorrosionofanymetalandtopreventdampnessormildewwhichispotentiallydamagingtomaterialsandfinishes. Allsuch heating, ventilation andservicesshall be providedand maintained untilfinalacceptanceofall work In addition, the Contractorshall provide heat ventilation priorand during the following workoperationsasfollows: a) Atalltimesduringtheplacing,settingandcuringofconcreteprovidesufficientheattoinsuretheheatingofthespacesinvolved to not lessthan 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produoe a temperature in the spacesinvolved of not lessthan 55 F. c) Fora period of seven (7)dayspreviousto the placing ofinteriorfinish materialsand throughoutthe placing offinish painting, decorating andlayingofresilientflooring materials, provide sufficient heat to produce a temperature of not lessthan 60 F. P-9 TEMPORARY CONSTRUCTION, EQUIPMENTAND PROTECTION: The Contractorshall provide,maintain, and remove upon completion ofthe workall temporary rigging, scaffolding, hoistingequipment, rubbish chutes, laddersto roof, barricadesaround openings, and all other temporary workas required to complete all work of the Contract. Contractor shall coordinate the u� and furnishing of scaffoldswith theirsub-contractors. The Contractorshall provide, maintain, and removeupon completionofthe work, or sooner, if authorized bythe Owner, all fence$ barricades, lights, shoring, pedestrian walkways, temporaryfire escapes, and otherprotectivestructuresordevicesnecessary forthe safety of worlvnen, City employees, equipment, the public and property. All temporaryconstruction and equipmentshall conform to all regulations, ordinances, lawsand otherrequirementsofthe authorities having jurisdiction, including insurance companies, with regardsto safety precautions, operation and fire hazard. The Contractorshall provide and maintain pumpingfacilities, including power, forkeeping the site, alltimes, whetherfrom underground seepage, rainfall, drainage of broken lines. The Contractor shall maintain provision for closing and locldng the building at such time as possible to do so. If this is not feasble, maintain a night The Contractorshall provideandmaintainall barricadesorenclosures, requiredto protecttheworkin progressfrom outsideelemenl� dusts, and otherdisturbancesas a resultof work underthisContract. Such protection shall be positive, shall meetthe approvalof the Ownerand shall be maintainedforthe duration oftheconstructionperiod orasrequired to provideforthe protection asspecified. P-10 PROJECT BULLETIN BOARD: The Contractorshall furnish, install and maintainduringthe life ofthe projecta weather- tight bulletin board approximately 3 feet high by 5 feetwide having not lessthan two hinged orsliding glassdoorswith provisionsfor locldng. The bulletin board shall bemounted where andasapproved bythe Owner, ina prominent placeaccessible to employeesof the Contractorand sub-contractors, and to applicantsforemployment. Thebulletin board shall remain theproperty ofthe Contractor and shall be removed bythem upon completion ofthe Contractwork. Thefollowinginformationwhich will befumished bythe Cityto the Contractorshall be posted onthe bulletinboardand shall be maintainedbythe Contractorin easily readablecondition atalltimes forthe duration of the Contract. a. The Equal Opportunity Posterand Notice Nondiscrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Forrn SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. c. Safety Posters. SEC110N Q VENUE Should anyaction arise outofthe termsand conditionsof thiscontract, venue for said action shall lie in Tarrant County, Texas. General Conditions of the Contract for Construction Lump Sum Contract Page 26 of 27 CFW PMD— Fre Station 45 - RJM March 2021 �'��T��RTH Attachment "A" �ate: NOTICE TO PROCEED Contractor Address Phone: (xxx) xxx-xxxx Proj ect Name: Gentlemen: Pursuant to the provisions of City Secretary Contract Number xxxxx this is your authority to proceed on the referenced project on date. Prior to commencing work, it will be necessary far you to contact James Diestel, Construction Superintendent, who will be in charge of subject project, and make arrangements with him toinspect project construction. He may be contacted at (817) 392-8072. Sincerely, James Diestel � Construction Superintendent Cc: M/WBE Office File PROPERTY MANAGEMENT DEPARTMENT FACILITIES DIVISION THE CITY OF FORT WORTH * 4O1 WEST 13�'�" STREET �` FORT WORTH, TEXAS 7filO2 (817) 392-2586 * FAx (817) 392-8488 General Conditions of the Contract for Construction Lump Sum Contract Page 27 of 27 CFW PMD— Fre Station 45 - RJM March 2021 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT (LUMP SUM� THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This agreement made and entered into this the 2nd day of March A.D., 2021, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified wters within said City on the 11th day of December, A.D. 1924, underthe authority (vested in said v�oters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular, meeting ofthe City Council of said City, hereinafter called OWNER, and RJM Contractors. Inc. ofthe City of Benbrook County of Tarrant , State of Texas, hereinafter called CONTRACTOR. W ITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and perFormed by the Owner, and under the conditions expressed in the bond bearing ev�en date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: City of Fort Worth Fire Station 45 1901 Quail Grove Drive Fort Worth, Texas P M D2018-12 City Project # 101660 That the work herein contemplated shall consist offurnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council ofthe City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himselfto commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of inwice Fire Station 45 - The agreed upon total contract amount shall be $4,610.775.00, including the Base Proposal ($4,410,775.00), Owner's Contingency Allowance ($200,000.00), and No Alternates. Insurance Requirements: The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approv�ed such insurance. The Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance cov�erage required herein shall include the coverage of all subcontractors. a. WORKER'S COMPENSATION INSURANCE: • Statutory limits. • Employer's liability: Instruction to Offerors Page 22 of 33 Cityof Fort Worth-Fire Station 45 • $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractorshall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to co�er bodily injury, including death, and property damage at thefollowing limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident. • The policy shall cover any auto used in the course of the project. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: • $1,000,000 each occurrence; $2,000,000 aggregate limit. • This insurance shall provide excess coverage ower each line of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required underthe above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured a- by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form orsuch otherform as the Owner may in its sole discretiondeem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insurance not coverthe subcontractor'swork operations perFormed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 200 Instruction to Offerors Page 23 of 33 Cityof Fort Worth-Fire Station 45 Texas Street, Fort Worth, TX76102, prior to commencement ofwork on the contracted project. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days' notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure offinancial strength and solv�ency. Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approv�ed by the Owner. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in fav�or of the Owner. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Construction shall not startwithout a"Noticeto Proceed". The Noticeto Proceed shall not be issued without bonds in place. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi- tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and their Surety shall be liable to the Owner for such deficiency. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employmerit verification, and nondiscrimination. Vencia' shall v�erify the identity and employment eligibility of all employees who perForm work under this Agreemerit. Instruction to Offerors Page 24 of 33 Cityof Fort Worth-Fire Station 45 Vendor shall complete the Employment Eligibility Verification Form (I-9), maintain photocopies of all suppating employment eligibility and identity documentation forall employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who perForms work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be perforrned by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the werification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations ofthis provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall hawe the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written v�erification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term oftheAgreement. Instruction to Offerors Page 25 of 33 Cityof Fort Worth-Fire Station 45 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth Dand BurqHdoff By, Dana Burghdoff pr 1, 2021 ll39 CDTI Name: Dana Burghdoff, AICP Title: Assistant City Manager Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Date: Apr 1, 2021 Approval Recommended: c��G�l�G G'00�2 B�. Steve Cooke (Mar26, 2021ll:15 CDT) Name: Steve Cooke Title: Director, Property Management Dept. Atte st: By: ��� `�� Name: Mary J. Kayser Title: City Secretary CONTRACTOR: By: �h�►'�.. �• �Y� Name: Brian Glass, AIA Title: Architectural Services Manager Approved as to Form and Legality: �� sn�� BV/: J13Strong(Mar ,202110:39CDT) 7 Name: John B. Strong Title: Assistant City Attorney Contract Authorization: M &C: M&C 21-0156 ntractors, � BV/: KennyRuye� ,Nar5,202 12CST) Name: Kenny Bu rey s Title: Vice President Date: Mar5,2021 Instruction to Offerors Cityof Fort Worth-Fire Station 45 �FFICIAL REC�RD CITY SECRETARY FT. WORTH, TX Bond # PB11509801830 PAYMENT BOND — Fire Station 45 Tf� STATE OF TEXAS § § KNOW ALL BY TI-g'SE PRFSENIS: COUNTY OF TARRANT § That we, RJM Contractors, Inc. , kno���n as "Pruicipal" hereui, a�id Philadelphia lndemnity Insurance Company a corporatc surety (sureties), duly authorized to do business ui the State of Te�as, kno�� n as "Suret}•" hereui (�j heth� one or more), are held a�id firnily bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "Cit}'' hereui, ui the penal sum of, Four Million Six Hundred Ten ThousandSeven HundredSeverrtv Five Dollarsand No Centsl$4.610.775.001, la���#'W mone}� of the United States, to be paid vi Fort Worth, Tarra�it Cowit}�, Te�as. for the pa5�nent of w�h�h swn well and trul}� be made, �ve b'v�d oursel� es, our heirs. esecutors, admv�istrators, successors a�id assigns, jouitl}� and severaih�, firmly by these presents: WHF.REAS, Prv�cipal has entered 'u�to a certaui ���ritten Contract ���ith Cit� , a« arded the 2nd da5� of March , 2021, �shicli Contract is liereb}• referred to a��d made a part liereof for all purposes as if fulk� setforth herevi, to furnish all materials, equipment_ labor a�id other accessories as defined b}� la�v, in the prosecution of the Work as pro� ided for v� said Contract a��d designated as Fire Station 45 located at 1901 Ouail Grove Drive. Fort Worth. Texas (PNID2018-12) Citv Proiect # 101660. NOW, Tf�REFORE, THE CONDITION OF THIS OBLIGATION is such that if Pruicipal shall pay all monies o���uig to a�iy (a�id all) pa} ment bond beneficiar5� (as defined ui Chapter 2253 of tlie Tex� Government Code, as a�nended) ui the prosecution of the Work under the Contract, then this obligation shall be and become null a��d void; other�rise to remaui ui full force and effect. This bond is made a�id eaecuted ui compliazice �� ith the pro��isions of Chapter 2253 of the Tesas Go��ernment Code, as a�uended, a��d all liabilities on this bond shall be detennuied 'ni accorda�ice �a�ith die pro�-isions of said statute. Instruction to Ofrerors Page 27 of33 City of Fort Worth-Fire Station 45 IN WITNFSS WHEREOF, the Pr'vicipal a�id Suret�� ha�e each SIGNED a�id SEALED this instrument b�� duly authorized agents a�id officers on this the $th da} of March , 2021. ATT�CT• PRINCIPAL: RJM Contractors, Inc. BY�".�`�`�— Signature �as.'d.••. � Wih�ess as to Pruicipal ATTEST: `��.�D�ratiiiY /�< �=�'`A"' �"���;��. -a 19�T �` >,y ��,`'* � , �,a , � '��rrr ����1�„ti�e (Suren�) Secretar} C.� .. - Wihiess as to uret}� Nune a�id Title Address: �616 Benbrook Parkway Benbrook, Texas 76126 SURET Y: Philadelphia lndemnity Insurance Company .�`=����� BY: � �� Signature Fred A. Thetford, Jr., Attorney-in-Fact Na�ne and Title Address: One Bala Plaza, Suite 100 Bala Cynwyd, Pennsylvania 19004 TelephoneNumber: $00-873-4552 *Note: Ifsignedbj anofficeroftheSuren�.thereitwstbeoniileacertifiede�tractfromtheb}�la��ssho�ringtl�at this person has autl�oritj� to sign such obligarion If Suret��'s pin sical address is diffe�nt from its irrailing address. both nnist be pro��ided. The date of the bond shall not be priorto the date the Contract is a«arded. Instruction io Ofrerors Cityof Fort Worth-Fire Station 45 Page 28 of 33 Bond # PB11509801830 PERFORMANCE BOND — Fire Station =t5 THE STATE OF TEXAS § § KNOW ALL BY THF'SE PRFSENI'S: COUNTY OF TARRANT § That «e, RJM Contractors, Inc. , ln�o��=n as "PrincipaP' hereni a�id Philadelphia lndemniry Insurance Company , acorporatesuret}� (sureties, if more tha�i one) duly� authorized to do busuiess u� the State of Texas; kno�i n as "Suret�" herea� (��hether one or more), are held azid firml}� bound unto the Cit}- of Fort Worth, a niunicipal corporation created pursua�rt to the la«�s of Texas, kno�vn as `Cit}'' hereni, ui the penal sum of, Four Million Six Hundred Ten ThousandSeven HundredSeventv Five Dollarsand No Centsl$4.610.775.001, la��ful mone}� of the United States, to be paid �t Fort Worth, Tarra�it County, Tesas for the pa}�ment of �� luch sum «ell and trul}� to be made, �re buid oursel��es, our heirs, executors, adm'v�istrators, successors and assigns, jo'v�tly a�id severall}�, firml} b}� tliese presents. WHEREAS, the Pru�cipal lias entered 'nito a certaui ���ritten contract ��ith the Cit}� a�� arded the 2nd da}� of March , 2021. ���hich Contract is hereb} referred to a��d made a part hereof for all purposes as if full}� set forth hereu�, to furnish all materials, equipment labor and other accessories defuied b}� la�r, ui the prosecution of the Work, vicludv�g a�i} Cha�ige Orders, as pro� ided for ni said Contract designated as Fire Station 45 located at 1901 Ouail Gro��e Drive, Fort Worth, Teaas (Proiect PMD2018-12) Cit�• Pro_iect # 101660. NOW, THEREFORE, the condition of this obligation is such that if the said Prn�cipal shall faithfull}• perfonn it obligations under the Contract a�id shall 'vi all respects dul}� a�id faithfull}� perform the Work, uiclud'v�g Change Orders, wider tlie Contract, accordvig to the pla�is, specifications, and contract docwnents thereui referred to, a��d as �t ell duruig a�i} period of estension of the Contract that ma}� be gra�ited on the part of the Cit}�, then this obGgation shall be a�id become null a��d � oid, other�� ise to remain u� full force a�id effect. PROVIDED FURTI-IER, that if a�i5� legal action be filed on tliis Bond, venue shall lie ui Tarrant Count}�, Texas or the United States District Court for the Northern Districtof Te�as, Fort Worth Dit ision. This bond is made a�id esecuted 'ui complia�ice �� ith the pro��isions of Cliapter 22�3 of tlie Te�as Go�•ermuent Code, as a�nended, a�id all liabilities on this bond shall be determ'v�ed 'vi accorda�ice �a ith the pro� isions of said statue. Instruction to Ofrerors Page 29of33 City of Fort Worth-Fire Station 45 IN WITNFSS WHEREOF, the Prv�cipal a��d the Suret}� ha� e SIGNED a�id SEALED this uistrument by� dul}� authorized agents azid officers on this the $th da} of March , 2021. ATT T: � C (Principal) Secretary Witness as to Princ� �°�,o� :: � Jy : � ' s�� �a :� ��`r��'`; �� . ?92T ¢ p�j� � :�`��. : c . H �'• .....•���;� ,•,Q'�d.�*nNa �' PRINCIPAL: RJM Contractors, Inc. BY;� /'�`r.---- -- Signatu� ��L'S��an. � Naire and Tide Address: �616 Benbrook Parkway Benbrook, Texas 76126 SURETY: Philadelphia lndemnity Insurance Company BY: �b���%s��=--- �- Signatut� Fred A. Thetford, Jr., Attorney-in-Fact Naire and Title Address: One Bala Plaza, Suite 100 Bala Cynwyd, Pennsylvania 19004 C� -- -- -- . Witness as to ret}� Telephone Number: $00-873=4552 _ *Note: If signed b}� anofficer of the Suren� Compan}�, tl�ere �rnast be on fde a certified e�tract fromthe b}�-la��s sho��•ingthatthispersonhasautl�orit}�tosignsuchobligation IfSu�t}'sph}�sicaladdressisdifferentfromitsirrail�g address, both irust be pro��ided. The date of the bond shall not be prior to the date the Contract is a«arded. Instruction bo Ofrerors Page 30 of 33 City of Fort Worth-Fire Station 45 PHILADELPHIA INDEMNITY INSURAI�CE CO�IPANY One Bala Plaza, Suite 100 Bala Cymryd. PA 19004-0950 Power of Attorney Bond No: PB11509801830 KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Jared Youne. Fred A. Thetford. Jr., Tobin 7ucker. Tom Youne. Diane Brown. Fred A. Thetford IV and/or Fred A. Thetford. III of Contrect Bond eencv, LLC, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed 50 000 000. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authoriry of Ihe following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14�' ofNovember. 2016 RESOLVED: That the Board of Directors hereby authonzes the President or any Vice President of the Company (1) Appomt Attorney(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakmgs, contracts of indemnity and other wrrtmgs obhgatory m the nature lhereof and to attach the seal of the Company thereto; and (2) to remove, at any ume, any Such Attorney-m-Fact and revoke the authonty grven And, be it FURTHER RESOLVED: That the sfgnawres of such officers and the seal of the Company may be affi�ed to any such Po�ver of AUomey or certificale relaung thereto by facsimde, and any such Power of Attorney so executed and certified by facsimile signatures and facsim�le seal shall be vand and bmdmg upon the Company m the future �wth respect to any bond or undertakmg to ��4uch u is attached IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORI7_ED OFFICE THIS 27"' DAY OF OCTOQER, 2017 s,:'$. `.......,.,, $.{r r��(�/4���- 5W � u�-JL� (Seal) d� ��e -ll.....asl....,� � . Robert D O'Leary Jr, President & CEO Philadelphia lndemnrty Insurance Company On Ihis 27'" day of October, 2017, before me came the mdrv�dual who executed the precedmg mstrument, to me personally known, and being by me duly swom said lhat he is the therein described and authonzed officer of the PHILADELPHIA INDE�1NITl' INSURANCE COMPANI; that the seal aflixed to said mstrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly atlixed w.+oNWE rao�� 9 v + �WtARVLLSEA: �9��K�����P� Nota Public. to�l�Ya•ilnl.y V�rl�.�rvCtvLY � dr[unmcwanE.oYn SeN .S.Vt� H��:�l �rAt ' residing at (Notary Seal) My commission expires �������� BalaSvmwd. PA S�e tember 25. 2Q21 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSl1RANCE COMPANY, do hereby certdy that the foregoing resoluuon of the Board of Directors and the Power of Attomey issued pursuant thereto on the 27°i day of October, 2017 are true and correct and are sull m full force and effect 1 do further certify Ihat Robert D. O'Leary Jr., �vho executed the Power of Attorney as President. ��as on the date of eKecution of the attached Po�cer of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof 1 have subscribed my name and affixed the facsimile seal of each Company th�s 8th day of M8�CI1 , Zp 2� �i : �°'v�•`` , 3� e �-8+2% i t�'c ':�Et � rs�s�� ;�i ' r� � c . �,,'•••.....�j�a y+,b��•��I��}`" `` � ��_ ,��, Edward Sayago, Corporate Secretary PHILADELPHIA INDEMi�ITY INSURA�'CE COMPA\Y �,o�-`:...: �Hs` % � ,. .,., p'� . r • �'��!► �`�f�; .'�'� _ ;��j�':�`�.���On� ♦••�� hry'y4 ��er������N'►a�, PHILADELPHIA INSURANCE COMPANIES A Member of the Toldo Marine Group One Sala Plaza, Suite ioo, Bala Cymvyd, Pennsylv�nia igoo4 6io.Gi7.79o0 • Fax6io.6i7.7g.}o • PHL�.com SURETY BOND SEAL ADDENDUM PHILADELPHIA INDEMNITY INSURANCE COMPANY As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Philadelphia lndemnity Insurance Company ("PIIC") has temporarily authorized its Attorneys-in-Fact to affix PIIC's corporate seal in a digital format in lieu of its traditional raised seal to any bond issued on its behalf by any such Attorney-in-Fact. PIIC agrees and affirms that the digital corporate seal found herein is deemed affixed to the bond and the Power of Attorney with the same effect as if its raised corporate seal had been affixed to the bond itself. Effective this 20T" day of March, 2020. Philadelphia lndemnity Insurance Company .r ���: -, .. , a . ... ; . Ys� � ��g��92Tf��� z � < �� �'�'�+z�v�+�: ro'�= %,l��Aq,�,,'�^•�••• }t��''�•r "'r,nn(HHI�''11 By: Michael Cundiff, Senior Vice President I'hiladel��lu� Con�olidat�vl Ilukling Cuip • Phila�Ielphia lnd��mnil�� h�suru�co Compam • fol.io \I:n•ineS��ecial�� In��n.mc�• t'ump:im •�laguue Insmance Agenc�. lnc. IMPORTANT NOTICE To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-877-438-7459 You may also write Philadelphia lndemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety 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: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtectionCa�tdi.state.tx.us PREMIUM OR CLAIM 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. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de para informacion o para someter una queja al: 1-877-438-7459 Usted tanbien puede escribir a Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.Uc.us Email: ConsumerProtection(a�tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comunicarrse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. CONTI2AC'POR COMPLIANCE WITH WORKER'S COMPEIYSATION 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, Fire Station 45 located at 1901 Ouail Grove Drive1 Fort Worthl Texas �Prolect PNID2018-12� City Proiect # 101660. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates ofcompliance with worker's compensation coverage. CON'IRACTOR: ��5d,. �Y�'�V��Sa I�i<- � Company 1.' ' �' ' I r� .� / . �� - � K1i!�� .� CLI �-l.P ... Title: ��,�j r�—'�Lusll vf City/State/Zip (Please Print) 'THE STATE OF TEXAS § § KNOW ALL BY'II-IFSE PRESEI�I'IS: COUNTY OF TARRANT & BEFORE ME, the undersigned authority, on this day personally appeared ,knowntometo be the persoTi whose name 's subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of _R,� �, �� . for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE thi�y�ay of_ , 2021. Notary Public in d fo State of Texas ���`qYp��/ AMBERLY L. SPEARS . �P,... U9�: =_;•' ��: Notary Public, State of Texas �'"9•�r+� Comm. Expires 02-24-2023 '',�„oF; �.`` Notary I� 130127986 Inslruction to OlFerors Page 32 of 33 Cityof Fort Worth-Fire Station 45 4,�0» � � � � � CENTERLINE OF 51GN, LQGD & TEXT INFORi�ATIQN �RT �RTH� Project Title Architect: Architect's Name Contractvr: �antractor`s Name FUNDED 9Y {List Bond Fund, etc.J SCHEDULED COMPLETI4N DATE YEAR SIGN C�LOR & FQNT: � � �- BAGKGROUND - WH1TE BORDER - 5116"WIDE, 3"RADIUS CflRNERS, PMS 288 (BLUE} TEXT - HELVETICA or ARIAL, PMS 288 {BLUE� FORT W�RTH L�GO COLaRS & FDNT: F�RT WORTH - PMS 288 (BLUE), CHELTENHAM BflLD L�NGHORN L4Gfl - PMS 725 (BRQWN} PRC�JECT DES��NAT14N SI�N Instruction to Offerors Page 33 of 33 Cityof Fort Worth-Fire Station 45 ��