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Home My WebLink AboutContract 56985Project Manual FOR THE CONSTRUCTION OF ATHLETIC FIELD LIGHTING AT: Park Name City Project No. Harmon Field Park 102961 Rolling Hills Soccer Complex 102962 Mattie Parker David Cooke Mayor City Manager Richard Zavala Director, Park & Recreation Department Prepared by: Engineering Associates For The City of Fort Worth Park & Recreation Department August 2021 56985 Adopted September 2011 City of Fort Worth Standard Construction Specification Documents 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 Athletic Field Lighting at: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 05 10 Mayor and Council Communication 1 00 05 15 Addenda 1 00 11 13 Invitation to Bidders 0 202 00 21 13 Instructions to Bidders 0 00 31 15 Engineer Project Schedule 07/20/2018 00 32 15 Construction Project Schedule 07/20/2018 00 35 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 03/09/2020 00 42 43 Proposal Form Unit Price 01/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Prequalifications 07/01/2011 00 45 12 Prequalification Statement 07/01/2011 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Minority Business Enterprise Goal 06/09/2015 00 52 43 Agreement 09/06/2019 00 61 13 Performance Bond 07/01/2011 00 61 14 Payment Bond 07/01/2011 00 61 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/09/2020 00 73 00 Supplementary Conditions 03/09/2020 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Progress Schedule 07/01/2011 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 45 23 Testing and Inspection Services 03/09/2020 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 07/01/2011 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 01/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Athletic Field Lighting at: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents Division 02 - Existing Conditions Date Modified 02 41 13 Selective Site Demolition Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow Division 32 - Exterior Improvements 32 91 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 05 20 Auger Boring 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GR-01 60 00 Product Requirements END OF SECTION 12/1 /21, 8:51 AM M&C Review CITY COUNCIL AGENDA ��T`� �� DATE: 11/30/2021 REFERENCE M&C 21- LOG 80ATHLETIC FIELD LIGHTING HARMON NO.: 0926 NAME: FIELD AND ROLLING HILLS PARK CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: (CD 8) Authorize the Execution of a Construction Contract with Groves Electrical Service, Inc., in the Amount of $1,832,140.00 for the Installation of Athletic Field Lighting at Harmon Field Park and Rolling Hills Park (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize the execution of a construction contract with Groves Electrical Service, Inc., in the amount of $1,832,140.00 for the installation of athletic field lighting at Harmon Field Park (City Project No. 102961) and Rolling Hills Park (City Project No. 102962). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a construction contract with Groves Electrical Service, Inc., in the amount of $1,832,140.00 for the installation of athletic field lighting at Harmon Field Park (City Project No. 102961) and Rolling Hills Park (City Project No. 102962). On December 15, 2020 the city administratively executed City Secretary Contract No. 55042 with Jim D. Dallas, P.E. d/b/a Engineering Associates, in an amount up to $48,000.00, to provide the engineering services needed for the design and development of construction documents that detail the installation of athletic field lighting at Harmon Field Park and Rolling Hills Park. In July 2021, Engineering Associates submitted final design and construction documents that address the required lighting improvements. The project was posted on the city purchasing website on August 26, 2021, and advertised in the Fort Worth Star-Telegram on August 26 & September 2, 2021. A pre-bid conference was held September 7, 2021. The following bids were received on September 23, 2021. Contractor Groves Electrical Service, Inc. Bean Electrical, Inc. Base Bid Alternate Bid Items Total Bid $72,290.00 $1,832,140.00 $82,835.00 $1,923,087.08 $1,759,850.00 $1,840,252.08 Base Bid improvements include construction staking, site preparation, installation of athletic field lighting, and repair of field grassing. Alternative Bid Items awarded are Unit 1- Alternative Bid - Harmon Field Park (security lighting and additional wiring) and Unit 2- Alternate Bid Items - Construction Allowance for Harmon Field and Rolling Hills. Construction of these projects is anticipated to begin in the second quarter of Fiscal Year (FY) 2022 and estimated completion is projected to be in the fourth quarter of FY2022. The impact on the Park & Recreation Department's annual operating budget when the Harmon Field Park project is completed will be $15,309.00. The impact on the Park & Recreation Department's annual operating budget when the Rolling Hills Park project is completed will be $43,014.00. As of September 30, 2021, the cumulative total of all previously approved M&C's increased the departmenYs estimated annual maintenance by $456,391.00 beginning in FY2023. This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official apps.cfwnet.org/council_packet/mc_review.asp?ID=29474&councildate=11 /30/2021 1 /2 12/1 /21, 8:51 AM M&C Review Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and Council. Compliance with the City's Business Equity Ordinace has been achieved by the following method: Groves Electrical Service, Inc. is in compliance with the City's Business Equity Ordinance by committing to 13\% participation on this project's base bid. The City's Business Equity goal for this project is 11 \%. Both Harmon Field Park and Rolling Hills Park are located in COUNCIL DISTRICT 8. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund for the Harmon Park Athlet Field Light and the Rolling Hills Ath Field Light projects to support the approval of the above recommendation and execution of the contract. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Harmon Field- Aerial- Proposed Field lighting,pdf Harmon Hills Location Map.pdf Rolling Hills Aerial- Proposed Field lighting,pdf Rolling Hills Location Map.pdf Valerie Washington (6192) Richard Zavala (5704) David Creek (5744) apps.cfwnet.org/council_packet/mc_review.asp?ID=29474&councildate=11 /30/2021 2/2 00 05 15 - 1 ADDENDA Page 1 of 1 Athletic Field Lighting At: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised SECTION 00 05 15 1 ADDENDA 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION 24 SEPTEMBER 7, 2021 Prospective Bidders Addendum #1 Athletic Field Lighting City Project No 102961 & 102962 ================================================================ Addendum #1 is issued. Please see the following for clarifications for the construction documents on the Athletic Field Lighting. 1. The manufacturer’s representative for the Motorola Irrinet ‘M’ 12 station controllers is InterSpec, contact Mr. Jay Johnson 214.837.7536. Pricing to include setup and commissioning by manufacturer’s representative. 2. The new Oncor transformer pad at Rolling Hills Soccer Complex shall be poured-in-place and constructed per Oncor specifications and shown on drawing E-6. End of Addendum #1 Bid OpeningDate: September 23, 2021 Acknowledge the receipt of this Addendum on your Proposal. By: Carlos M Gonzalez Park Planner (817) 392-5734 carlos.gonzalez@fortworthgov.org Jim Weathers Engineering Associates (903) 473-1977 jwcvei1@peoplescom.net Release Date: January 2, 2019 Athletic Field Lighting at: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised SEPTEMBER 15, 2021 Prospective Bidders Addendum #2 Athletic Field Lighting City Project No 102961 & 102962 ================================================================ TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. PROJECT MANUAL REFER TO SECTION 00 42 43 DELETE Section 00 42 43 Proposal Form section from the Spec Book. REPLACE with attach Section 00 42 43 section in the Spec Book (Bid Line item description and quantiles for Rolling Hills Park have change). End of Addendum #2 Bid Opening Date: September 23, 2021 Acknowledge the receipt of this Addendum on your Proposal. By: Carlos M Gonzalez Park Planner (817) 392-5734 carlos.gonzalez@fortworthgov.org Jim Weathers Engineering Associates (903) 473-1977 jwcvei1@peoplescom.net Release Date: September 15, 2021 Athletic Field Lighting at: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised SEPTEMBER 20, 2021 Prospective Bidders Addendum #3 Athletic Field Lighting City Project No 102961 & 102962 ================================================================ TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or projectmanual. CONSTRUCTION DRAWINGS REFER TO SHEETS (E-5 and E-6) Sheet E-5 1. Revise note for secondary feeder between utility company transformer and service fused disconnect switch to be 4#500 KCMIL CU – 3 ½” PVC conduit. 2. Revise note for feeder between service fused disconnect switch and Panel ‘HN’ to be 3 sets, 4#600 KCMIL AL, #4/0 GND. – 4” PVC conduit. Sheet E-6 1. Revise note for secondary feeder between utility company transformer and service fused disconnect switch to be 4#500 KCMIL CU – 3 ½” PVC conduit. 2. Revise note for feeder between service fused disconnect switch and Panel ‘HN’ to be 3 sets, 4#600 KCMIL AL, #3/0 GND. – 4” PVC conduit. End of Addendum #3 Bid OpeningDate: September 23, 2021 Acknowledge the receipt of this Addendum on your Proposal. By: Carlos M Gonzalez Park Planner (817) 392-5734 carlos.gonzalez@fortworthgov.org Jim Weathers Engineering Associates (903) 473-1977 jwcvei1@peoplescom.net Release Date: September 20, 2021 Athletic Field Lighting at: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised SEPTEMBER 20, 2021 Prospective Bidders Addendum #4 Athletic Field Lighting City Project No 102961 & 102962 ================================================================ TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or projectmanual. CONSTRUCTION DRAWINGS REFER TO SHEETS E-6 DELETE Addendum #3 Sheet E-6 Note #2 and replace it with the following Note. 2. Revise note for feeder between service fused disconnect switch and Panel ‘HN’ to be 3 sets, 4#600 KCMIL AL, #4/0 GND. – 4” PVC conduit. PROJECT MANUAL REFER TO SECTION 00 42 43 DELETE Addendum #2 Section 00 42 43 Proposal Form section from the Spec Book. REPLACE with attached Section 00 42 43 section in the Spec Book (Bid Unit No. 2 Unit line items numbers have been all corrected). End of Addendum #4 Bid OpeningDate: September 23, 2021 Acknowledge the receipt of this Addendum on your Proposal. By: Carlos M Gonzalez Park Planner (817) 392-5734 carlos.gonzalez@fortworthgov.org Jim Weathers Engineering Associates (903) 473-1977 jwcvei1@peoplescom.net Release Date: September 20, 2021 Athletic Field Lighting at: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised SEPTEMBER 21, 2021 Prospective Bidders Addendum #5 Athletic Field Lighting City Project No 102961 & 102962 ================================================================ TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or projectmanual. CONSTRUCTION DRAWINGS REFER TO SHEETS E-3 1. Revise type ‘A’ area light fixture schedule as follows; Area light fixture shall be Signify Gardco # PPT-140L-2100-NW-G2-T2-5- UNV-DD-F1-MGY with PPT-T2 Post top tenon adapter. End of Addendum #5 Bid OpeningDate: September 23, 2021 Acknowledge the receipt of this Addendum on your Proposal. By: Carlos M Gonzalez Park Planner (817) 392-5734 carlos.gonzalez@fortworthgov.org Jim Weathers Engineering Associates (903) 473-1977 jwcvei1@peoplescom.net Release Date: September 21, 2021 Athletic Field Lighting at: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 00 11 13 INVITATION TO BIDDERS Page 1 of 3 Athletic Field Lighting At: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 2021 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Athletic Field Lighting at Harmon Field Park (102961) and Rolling Hills Park (102962)(“Project”) will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, September 23, 2021 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Harmon Field Park: New LED Sports lighting for existing soccer fields #5 and #6 consisting of (8) new poles and pre-cast concrete foundations, (40) Musco TLC-LED-1500 fixtures and crossarms. New free standing weatherproof electrical enclosure with electrical panelboards, transformer and controls. Extend existing concrete pad and chain link fencing as shown on drawings. Rolling Hills Soccer Complex: New LED Sports lighting for existing soccer fields #9, through #14 consisting of (16) new poles and pre-cast concrete foundations, (120) Musco TLC-LED-1500 fixtures and crossarms. New free standing weatherproof electrical enclosure with electrical panelboards, transformer and controls. Demolition of existing utility transformer pad and replace as shown on drawings. New service entrance rated, weatherproof fused disconnect switch mounted on pipe rack. QUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is qualified by the City at the time of bid opening. The procedures for qualification are outlined in the Section 3 of 00 21 13 – INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth’s Purchasing Division website at http://www.fortworthtexas.gov/purchasing/and clicking on the link to the advertised project folders on the City’s electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. 00 11 13 INVITATION TO BIDDERS Page 2 of 3 Athletic Field Lighting At: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 2021 EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company’s name, contact person and that individual’s email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth’s purchasing website at http://fortworthtexas.gov/purchasing/ PREBID CONFERENCE – Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: September 7, 2021 TIME: 10:00 am More ways to join: Join from the meeting link https://fortworthtexas.webex.com/fortworthtexas/j.php?MTID=m28bb57e5d96b4ed2d17643bac5 5c86e8 Join by meeting number Meeting number (access code): 2557 881 9024 Meeting password: cDp2PqENn77 Tap to join from a mobile device (attendees only) +1-469-210-7159,,25578819024##United States Toll (Dallas) Join by phone +1-469-210-7159 United States Toll (Dallas) Global call-in numbers Join from a video system or application Dial 25578819024@fortworthtexas.webex.com You can also dial 173.243.2.68 and enter your meeting number. Join using Microsoft Lync or Microsoft Skype for Business Dial 25578819024.fortworthtexas@lync.webex.com Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as “questions in writing.” If necessary, Addenda will be issued pursuant to the Instructions to Bidders. 00 11 13 INVITATION TO BIDDERS Page 3 of 3 Athletic Field Lighting At: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 021 CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from 2018 Bond Program and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Carlos M. Gonzales, City of Fort Worth Email: carlos.gonzales@fortworthtexas.gov Phone: 817.392.5734 AND/OR Attn: Jim Weathers, Engineering Associates Email: jwcvei1@peoplescom.net Phone: 903.473.1977 ADVERTISEMENT DATES 1st Advertisement: August 26, 2021 2nd Advertisement: September 2, 2021 END OF SECTION 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1.Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Qualification of Bidders (Prime Contractors and Subcontractors) 3.1.Bidders or their designated subcontractors are required to be qualified for the work types requiring qualification within three (3) days after the bid opening. Qualification requirement work types and documentation are available by accessing all required files through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ Qualification requirement work types and documentation are available by accessing all required files through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ 3.2.Each Bidder must submit to City at least three (3) calendar days after the Bid opening, the documentation identified in Section 00 45 11, BIDDERS QUALIFICATIONS. 3.2.1.Submission of and/or questions related to qualification should be addressed to the City contact as provided in Paragraph 6.1. 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 3.3.The City reserves the right to require any qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City’s assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4.In Additional requirements for qualification may be required within various sections of the Contract Documents. 3.5.Special qualifications required for this project include the following: Contractor must have a minimum of 7 years’ experience in the construction and installation of athletic sports lighting and control systems. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1.Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4.Is advised that, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima-facie evidence that the Bidder has made the investigations, examinations and tests herein required.. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 – Supplementary Conditions for identification of: 4.2.1.Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 4.2.2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. Copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4.Standard insurance requirements, coverages and limits. 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 4200 South Freeway, Ste 2200 Fort Worth, TX 76115 Attn: Carlos M. Gonzales, Park & Recreation Department Fax: 817.392.5724 Email: carlos.gonzalez@fortworthtexas.gov Phone: 817.392.5745 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3.Addenda or clarifications may be posted via the City’s electronic document management and collaboration system at https://docs.b360.autodesk.com/shares/f61694b0-6244- 4fa5-bea6-cf9364795902 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1.Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent,issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 7.2.The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City’s Business Equity Ordinance No. 24534-11-2020 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non-responsive. Business Equity Ordinance No. 24534-11-2020, as amended, codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 – Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked “Withdrawn” and will be given no further consideration for the award of contract . 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 17.2. In addition to Bidder’s relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder’s bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident’s principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1.The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 00 21 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 102961, 102962 Revised/Updated August 13, 2021 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 1 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 SECTION 00 31 15 ENGINEER PROJECT SCHEDULE PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Engineer’s Project Schedule B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 1 – General Requirements D. Purpose The City of Fort Worth (City) is committed to delivering quality, cost-effective infrastructure to its citizens in a timely manner. A key tool to achieve this purpose is a properly structured schedule with accurate updates. This supports effective monitoring of progress and is input to critical decision making by the project manager throughout the life of the project. Data from the updated project schedule is utilized in status reporting to various levels of the City organization and the citizenry. This document complements the City's Standard Agreement to guide the Engineer in preparing and submitting acceptable schedules for use by the City in project delivery. The expectation is the performance of the work follows the accepted schedule and adheres to the contractual timeline. The Engineer will designate a qualified representative (Project Scheduler) responsible for developing and updating the schedule and preparing status reporting as required by the City. 1.2 PRICE AND PAYMENTPROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered part of professional services and Engineer will be compensated in accordance with the schedule of rates. 2. Non-compliance with this specification is grounds for City to withhold payment of the Engineer’s invoices until Engineer achieves said compliance. 1.3 REFERENCES A. Project Schedules Each project is represented by the City’s master project schedule that encompasses the entire scope of activities envisioned by the City to properly deliver the work. When the City contracts with an Engineer to perform engineering and design services, the Engineer will develop and maintain a schedule for their scope of work in alignment 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 2 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 with the City’s schedule requirements as defined herein. The data and information of each such schedule will be leveraged and become integral in the master project schedule as deemed appropriate by the City’s Project Control Specialist and approved by the City’s Project Manager. 1. Master Project Schedule The master project schedule is a holistic representation of the scheduled activities and milestones for the total project and be Critical Path Method (CPM) based. The City’s Project Manager is accountable for oversight of the development and maintaining a master project schedule for each project. When the City contracts for the design and/or construction of the project, the master project schedule will incorporate elements of the Design and Construction schedules as deemed appropriate by the City’s Project Control Specialist. The assigned City Project Control Specialist creates and maintains the master project schedule in P6 (City’s scheduling software). 2. Engineer’s Schedule The Engineer is responsible for developing and maintaining a schedule for the scope of their contractual requirements. The Engineer will issue an initial schedule for review and acceptance by the City’s Project Control Specialist and the City’s Project Manager, as a baseline schedule for Engineer’s scope of work. Engineer will issue current, accurate updates of their schedule (Progress Schedule) to the City at the end of each month throughout the life of their work. B. Schedule Tiers The City has a portfolio of projects that vary widely in size, complexity and content requiring different scheduling to effectively deliver each project. The City uses a “tiered” approach to align the proper schedule with the criteria for each project. The City's Project Manager determines the appropriate schedule tier for each project, and includes that designation and the associated requirements in the Engineer’s scope of work. The following is a summary of the “tiers”. 1. Tier 1: Small Size and Short Duration Project (design not required) The City develops and maintains a Master Project Schedule for the project. No schedule submittal is required from Engineer. City’s Project Control Specialist acquires any necessary schedule status data or information through discussions with the respective party on an as-needed basis. 2. Tier 2: Small Size and Short to Medium Duration Project The City develops and maintains a Master Project Schedule for the project. The Engineer identifies “start” and “finish” milestone dates on key elements of their work as agreed with the City’s Project Manager at the kickoff of their work effort. The Engineer issues to the City, updates to the “start” and “finish” dates for such milestones at the end of each month throughout the life of their work on the project. 3.Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration The City develops and maintains a Master Project Schedule for the project. The Engineer develops a Baseline Schedule and maintains the schedule of their respective scope of work on the project at a level of detail (generally Level 3) and in alignment 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 3 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 with the WBS structure in Section 1.4.H as agreed by the Project Manager. The Engineer issues to the City, updates of their respective schedule (Progress Schedule) at the end of each month throughout the life of their work on the project. C. Schedule Types Project delivery for the City utilizes two types of schedules as noted below. The City develops and maintains a Master Project Schedule as a “baseline” schedule and issue monthly updates to the City Project Manager (end of each month) as a “progress” schedule. The Engineer prepares and submits each schedule type listed below to fulfill their contractual requirements. 1. Baseline Schedule The Engineer develops and submits to the City an initial schedule for their work in alignment with this specification. Once reviewed and accepted by the City, it becomes the “Baseline” schedule and is the basis against which all progress is measured. The baseline schedule will be updated when there is a change or addition to the scope of work impacting the duration of the work, and only after receipt of a duly authorized amendment issued by the City. In the event progress is significantly behind schedule, the City’s Project Manager may authorize the updating of the schedule to facilitate a more practical evaluation of progress. An example of a Baseline Schedule is provided in Specification 00 31 15.1 Engineer Project Schedule – Baseline Example. 2. Progress Schedule The Engineer updates their schedule at the end of each month to represent the progress achieved in the work which includes any impact from authorized changes in the work. The updated schedule must accurately reflect the current status of the work at that point in time and is referred to as the “Progress Schedule”. The City’s Project Manager and Project Control Specialist reviews and accepts each progress schedule. In the event a progress schedule is deemed not acceptable, the unacceptable issues are identified by the City within 5 working days and the Engineer must provide an acceptable progress schedule within 5 working days after receipt of non-acceptance notification. An example of a Progress Schedule is provided in Specification 00 31 15.2 Engineer Project Schedule – Progress Example. 1.4 CITY STANDARD SCHEDULE REQUIREMENTS The following is an overview of the methodology for developing and maintaining a schedule for delivery of a project. A. Schedule Framework The schedule will be based on the defined scope of work and follow the (Critical Path Methodology) CPM method. The Engineer’s schedule will align with the requirements of this specification and be resource loaded to reflect their plan for execution. Overall schedule duration will align with the contractual requirements for the respective scope of work and be reflected in City’s Master Project Schedule. The Project Number and Name of the Project is required on each schedule and must match the City’s project data. 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 4 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 B. Schedule File Name All schedules submitted to the City for a project will have a file name that begins with the City’s project number followed by the name of the project followed by baseline (if a baseline schedule) or the year and month (if a progress schedule), as shown below. Baseline Schedule File Name Format: City Project Number_Project Name_Baseline Example: 101376_North Montgomery Street HMAC_Baseline Progress Schedule File Name Format: City Project Number_Project Name_YYYY-MM Example: 101376_North Montgomery Street HMAC_2018_01 Project Schedule Progress Narrative File Name Format: City Project Number_Project Name_PN_YYYY-MM Example: 101376_North Montgomery Street HMAC_PN_2018_01 C. Schedule Templates The Engineer will utilize the relevant sections from the City’s templates provided in the City’s document management system as the basis for creating their respective project schedule. Specifically, the Engineer’s schedule will align with the layout of the “Design” and “ROW & Easement” and “utility” sections. The templates are identified by type of project as noted below. Arterials Aviation Neighborhood Streets Sidewalks (later) Quiet Zones (later) Street Lights (later) Intersection Improvements (later) Parks Storm water Street Maintenance Traffic Water D. Schedule Calendar The City’s standard calendar for schedule development purposes is based on a 5-day workweek and accounts for the City’s eight standard holidays (New Years, Martin Luther King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, Christmas). The Engineer will establish a schedule calendar as part of the schedule development process and provide to the Project Control Specialist as part of the basis for their schedule. Variations between the City’s calendar and the Engineer’s calendar must be resolved prior to the City’s acceptance of their Baseline project schedule. E. WBS & Milestone Standards for Schedule Development The scope of work to be accomplished by the Engineer is represented in the schedule in the form of a Work Breakdown Structure (WBS). The WBS is the basis for the 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 5 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 development of the schedule activities and shall be imbedded and depicted in the schedule. The following is a summary of the standards to be followed in preparing and maintaining a schedule for project delivery. 1. Engineer is required to utilize the City’s WBS structure and respective project type template for “Design”, “ROW & Easements” and “Utilities” as shown in Section 1.4.H below. Additional activities may be added to Levels 1 - 4 to accommodate the needs of the organization executing the work. 2. Engineer is required to adhere to the City’s Standard Milestones as shown inSection 1.4.I below. Engineer will include additional milestones representing intermediate deliverables as required to accurately reflect the work. F. Schedule Activities Activities are the discrete elements of work that make up the schedule. They will be organized under the umbrella of the WBS. Activity descriptions should adequately describe the activity, and in some cases the extent of the activity. All activities are logically tied with a predecessor and a successor. The only exception to this rule is for “project start” and “project finish” milestones. The activity duration is based on the physical amount of work to be performed for the stated activity, with a maximum duration of 20 working days. If the work for any one activity exceeds 20 days, break that activity down incrementally to achieve this duration constraint. Any exception to this requires review and acceptance by the City’s Project Control Specialist. G. Amendment When an Amendment is issued by the City, the impact is incorporated into the previously accepted baseline schedule as an update, to same to clearly show impact to the project timeline. The Engineer submits this updated baseline schedule to the City for review and acceptance as described in Section 1.5 below. Updated baseline schedules adhere to the following: 1. Time extensions associated with approved contract modifications are limited to the actual amount of time the project activities are anticipated to be delayed, unless otherwise approved by the Program Manager. 2.The updated baseline schedule is submitted by the Engineer within ten workdays after receipt of the Amendment. 3. The changes in logic or durations approved by the City are used to analyze the impact of the change and is included in the Amendment. The coding for a new activity(s) added to the schedule due to the Amendment includes the Amendment number in the Activity ID. Use as many activities as needed to accurately show the work of the Amendment. Revisions to the baseline schedule are not effective until accepted by the City. H. City’s Work Breakdown Structure 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 6 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 WBS Code WBS Name XXXXXX Project Name XXXXXX.30 Design XXXXXX.30.10 Design Engineer Agreement XXXXXX.30.20 Conceptual Design (30%) XXXXXX.30.30 Preliminary Design (60%) XXXXXX.30.40 Final Design XXXXXX.30.50 Environmental XXXXXX.30.60 Permits XXXXXX.30.60.10 Permits - Identification XXXXXX.30.60.20 Permits - Review/Approve XXXXXX.40 ROW & Easements XXXXXX.40.10 ROW Negotiations XXXXXX.40.20 Condemnation XXXXXX.70 Utility Relocation XXXXXX.70.10 Utility Relocation Co-ordination XXXXXX.80 Construction XXXXXX.80.81 Bid and Award XXXXXX.80.83 Construction Execution LX.80.85 Inspection LX.80.86 Landscaping XXXXXX.90 Closeout XXXXXX.90.10 Construction Contract Close-out XXXXXX.90.40 Design Contract Closeout I. City’s Standard Milestones The following milestone activities (i.e., important events on a project that mark critical points in time) are of particular interest to the City and must be reflected in the project schedule for all phases of work. Activity ID Activity Name Design 3020 Award Design Agreement 3040 Issue Notice To Proceed - Design Engineer 3100 Design Kick-off Meeting 3120 Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3150 Peer Review Meeting/Design Review meeting (technical) 3160 Conduct Design Public Meeting #1 (required) 3170 Conceptual Design Complete 3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3250 Conduct Design Public Meeting #2 (required) 3260 Preliminary Design Complete 3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 7 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 3330 Conduct Design Public Meeting #3 (if required) 3360 Final Design Complete ROW & Easements 4000 Right of Way Start 4230 Right of Way Complete Utility Relocation 7000 Utilities Start 7120 Utilities Cleared/Complete Construction Bid and Award 8110 Start Advertisement 8150 Conduct Bid Opening 8240 Award Construction Contract Construction Execution 8330 Conduct Construction Public Meeting #4 Pre-Construction 8350 Construction Start 8370 Substantial Completion 8540 Construction Completion 9130 Notice of Completion/Green Sheet 9150 Construction Contract Closed 9420 Design Contract Closed 1.5 SUBMITTALS A. Schedule Submittal & Review The City’s Project Manager is responsible for reviews and acceptance of the Engineer’s schedule. The City’s Project Control Specialist is responsible for ensuring alignment of the Engineer’s baseline and progress schedules with the Master Project Schedule as support to the City’s Project Manager. The City reviews and accepts or rejects the schedule within ten workdays of Engineer’s submittal. 1. Schedule Format The Engineer will submit each schedule in two electronic forms, one in native file format (.xer, .xml, .mpx) and the second in a pdf format, in the City’s document management system in the location dedicated for this purpose and identified by the Project Manager. In the event the Engineer does not use Primavera P6 or MS Project for scheduling purposes, the schedule information must be submitted in .xls or .xlsx format in compliance with the sample layout (See Specification 00 31 15.1 Engineer Project Schedule Baseline Example), including activity predecessors, successors, and total float. 2. Initial & Baseline Schedule The Engineer will develop their schedule for their scope of work and submit their initial schedule in electronic form (in the file formats noted above), in the City’s document management system in the location dedicated for this purpose within ten workdays of the Notice of Award. The City’s Project Manager and Project Control Specialist review this initial schedule to determine alignment with the City’s Master Project Schedule, including format & 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 8 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 WBS structure. Following the City’s review, feedback is provided to the Engineer for their use in finalizing their initial schedule and issuing (within five workdays) their Baseline Schedule for final review and acceptance by the City. 3. Progress Schedule The Engineer will update and issue their project schedule (Progress Schedule) by the last day of each month throughout the life of their work on the project. The Progress Schedule is submitted in electronic form as noted above, in the City’s document management system in the location dedicated for this purpose. The City’s Project Control team reviews each Progress Schedule for data and information that support the assessment of the update to the schedule. In the event data or information is missing or incomplete, the Project Controls Specialist communicates directly with the Engineer’s scheduler for providing same. The Engineer re-submits the corrected Progress Schedule within 5 workdays, following the submittal process noted above. The City’s Project Manager and Project Control Specialist review the Engineer’s progress schedule for acceptance and to monitor performance and progress. The following list of items are required to ensure proper status information is contained in the Progress Schedule (See Specification 00 31 15.2 Engineer Project Schedule Progress Example). Baseline Start date Baseline Finish Date % Complete Float Activity Logic (dependencies) Critical Path Activities added or deleted Expected Finish date Variance to the Baseline Finish Date B. Monthly Engineer Status Report The Engineer submits a written status report (referred to as a progress narrative) at the end of each month to accompany the Progress Schedule submittal, using the standard format provided in Specification 00 31 15.3 Engineer Project Schedule Progress Narrative. The content of the Monthly Engineer Status Report should be concise and complete to: Reflect the current status of the work for the reporting period (including actual activities started and/or completed during the reporting period) Explain variances from the baseline on critical path activities Explain any potential schedule conflicts or delays Describe recovery plans where appropriate Provide a summary forecast of the work to be achieved in the next reporting period. C. Submittal Process Schedules and Monthly Engineer Status Reports are submitted in Buzzsaw following the steps outlined in Specification 00 32 15.4 Engineer Project Schedule Submittal Process. 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 9 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules or monthly status reports are required from the Engineer. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOTUSED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the Engineer’s Project Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the Engineer’s scope of work. C. The Engineer is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 1.13 ATTACHMENTS Spec 00 31 15.1 Engineer Project Schedule Baseline Example Spec 00 31 15.2 Engineer Project Schedule Progress Example Spec 00 31 15.3 Engineer Project Schedule Progress Narrative Spec 00 31 15.4 Engineer Project Schedule Submittal Process PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 00 31 15 -0 ENGINEER PROJECT SCHEDULE Page 10 of 10 CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue SECTION 00 32 15.3 - PROGRESS NARRATIVE 00 32 153 - 0 Page 1 of 1 CONSTRUCTION PROJECT SCHEDULE PROGRESS NARRATIVE Reporting Period: Date Issued: Project Name: Company Name: Cit Pro'ect No: En ineer's Pro'ect No: City Project Manager: Engineer's Project Manager: A. LISL Ot BCtIVItIeS BCCon 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) B. List of activities to be � 1. (insert text here) 2. (insert text here) 3. (insert text here) 4. (insert text here) 5. (insert text here) 6. (insert text here) C. List any potential dela� 1. (insert text here) 2. (insert text here) 3. (insert text here) D. List any actual delays 1. (insert text here) 2. (insert text here) 3. (insert text here) ISh2tl Ifl th@ P@p01'Clllq p@PIOd. and and hed in the next reportin �vide mitiaation actions actions 00 32 15.4 -0 CONSTRUCTION PROGRESS SCHEDULE – SUBMITTAL PROCESS Page 7 of 7 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised JULY 20, 2018 Athletic Field Lighting At: 102961, 102962 Revision Log DATE NAME SUMMARY OF CHANGE July 20, 2018 M. Jarrell Initial Issue 003� 1� CONFLICT OF IN"I�EKEST AFFIDAVIT Page 1 of 1 SECTION 00 3513 CONFLICT OF INTEREST STATEMENT Eacl1 bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who eaercises discretion in the planning, recommendin�; selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. htt�s:; i��w.et}lics.state.tx.us%�lata/i�ot�;�r/conflict/C1Q-Pdf� https:!��v«�ti�.ethicsstate.t�.usic3.a�Ta/t��r•ms%conilict�C[S.pdi� e,1,,:�;�. 0 � � 0 0 CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretaty BIDDER: Company Address City/State/Zip By: . _ � - --= =_ (Please Print) S i gnature : ��,� �� Title: " - - = - (Please Print) END OF SECTION CITY OF FORT WORT Athletic Field Li�htin� At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ] 02961, ] 02962 Revised February 24, 2020 00 41 00 BID FORM 1of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 TO: 200 Texas Street 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. a. b. c. SECTION 00 41 00 BID FORM Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. Bidder has not solicited or induced any individual or entity to refrain from bidding. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. FOR: City Project No.: ATHLETIC FIELD LIGHTING AT: HARMON FIELD PARK AND ROLLING HILLS SOCCER COMPLEX 102961 & 102962 The Purchasing Manager 1. Enter Into Agreement City of Fort Worth, Texas 76102 c/o: The Purchasing Division Units/Sections:UNIT 1 BASE BID ITEM - HARMON FIELD PARK UNIT 2 BASE BID ITEM - ROLLING HILLS SOCCER COMPLEX UNIT 1 ALTERNATE BID - HARMON FILED PARK UNIT 2 ALTERNATE BID - ALLOWANCE 2. BIDDER Acknowledgements and Certification In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 00 41 00 BID FORM 1of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 d. a. b. c. d. 4.1. 200 Cal. 4.2. a. b. c. d. e. f. g. h. 6.1. Installation of site lighting Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. This Bid Form, Section 00 41 00 Proposal Form, Section 00 42 43 Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. MWBE Forms (optional at time of bid) days after the date when the Qualification Statement, Section 00 45 12 Conflict of Interest Statement, Section 00 35 13 5. Attached to this Bid The following documents are attached to and made a part of this Bid: *If necessary, CIQ or CIS forms are to be provided directly to City Secretary Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 3. Qualification Installation of chain link fencing and gates 4. Time of Completion The Work will be complete for Final Acceptance within "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. The Bidder acknowledges that the following work types must be performed only by qualified contractors and subcontractors: Site demolition with minimum site disturbance Concrete pads and foundations Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 00 41 00 BID FORM 1 of 2 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Bid Items UNIT 1 BASE BID ITEM - HARMON FIELD PARK UNIT 2 BASE BlD ITEM - ROLLING HILLS SOCCER UNIT 1 ALTERNATE BID - HARMON FILED PARK UNIT 2 BASE BID ITEM - ROLLING HILLS SOCCER Total Bid 7. Bid Submittal This Bid is submitted on I�v�or„n D�y, Year Respectfully submitted, By: `� � (Signature) $0.00 ��4,540.00 $0.00 �. -- � _ _ _ � $0.00 .. _ . _ : _ � $52, 000.00 --��38G:�E3- ' � =� � _ . -. _ . � = by the entity named below. ��t��i i�� - _ _ _ (Printed Name) Title: -'ii� Here Presideni Company: ��mpanyi�:��:��I-_.� .�.. �_ _�_.�_- �� :_ -� Address: ;=,enress '-::,-� - - _ -_ - ,°,c:'�'ress -.,: � ;: �. -.,� i=�rmers 8ranc:h, Texas 75234 C;':, ��_.� %�,- �., ,._ -�ere State of Incorporation: State Here Texas Email: ��; o;:r �r:�:a;t r,�c;�ss �;ere billy@groveselectric.com Phone: `'our Phone Number Here g72-484-2717 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised March 9, 2020 Corporate Seal: \`\��41lllfli��,/ \�.�`� -� Ftl C A � S�'%,. \,�. ��, . .: ..... .... .... cc '% 9 � <vv•'� ORP O Rq TF`=• : � % - W : G .r..� : m = d... SEAL ;:� ; ,� � • \� // �'� TEXAS,,\��`��. //'��1P�IIIItII\\\\ Athletic Field Lighting At: 102961. 102962 00 42 43 BID PROPOSAL Page 1 of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidlist Iteml No. Description BASE BIDS UNIT 1 BASE BID ITEM - HARMON FIELD PARK Bidder's Proposal Spec. Section I Unit of I Bid I I No. Measure Quantity Unit Price Bid Value ALTERNATE BIDS UNIT 1 ALTERNATE BID - HARMON FILED PARK 1-01 Security Lighting NA EA 2 $6 446.00 $12 892.00 1-02 Branch circuit wiring and conduit NA LS 1 $7 398.00 $7,398.00 UNIT 2 ROLLING HILLS SOCCER COMPLEX BASE BID TOTAL $20 290.00 UNIT 2 ALTERNATE BID - ALLOWANCE CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICAITON DOCUMENTS Pazk Improvements at: Form Revised 20120120 1023I9,102321 UNIT 1 HARMON FELD PARK BASE BID TOTAL $484 540.00 UNIT 2 BASE BID ITEM - ROLLING HILLS SOCCER COMPLEX UNIT 2 ROLLING HILLS SOCCER COMPLEX BASE BID TOTAL $1,275 310.00 00 42 43 BID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Spec. Section Unit of B�d Unit Price Bid Value No. No. Measure QuantiTy BID SUMMARY BASE BIDS UNIT 1 HARMON FELD PARK BASE BID TOTAL UNIT 2 ROLLING HILLS SOCCER COMPLEX BASE BID TOTAL � �� BASE BIDS TOTAL $1,759,850.00 ALTERNATE BASE BIDS UNIT 1 ALTERNATE BID ITEMS TOTAL UNIT 2 ALTERNATE BID ITEMS TOTAL BASE + ALTERNATE BIDS BASE BIDS TOTAL ALTERNATE BIDS TOTAL ALTERNATE BIDS TOTAL $72,290.00 $1, 759,850.00 BIDS TOTAL $1,832,140.00 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvemenu at: Form Revised 20120120 102319,102321 UNIT 1 ALTERNATE BID ITEMS TOTAL $52 000.00 00 43 13 BID BOND Page 1 of 2 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, Groves Electrical Service, Inc. , known as "Bidder" herein and Merchants Bondinq Companv (Mutual) a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "Cit�i' herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as Athletic Field Lighting at Harmon Field Park and Rolling Hills Soccer Complex - CPN # 102961 & 102962 NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northem District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 23rd dav of September, 2021. PRINCIPAL: Groves Electrical Service. Inc. % BY: , nature ATTEST: G!/i�/�-�%��j�(�i/�,S ,�fGSX'��/% Witness as to Pri ' al Name and Title � �,,.,°,�.s,,:si,�rr✓i,i .`��\\\�.�� r C� � //,/��: �� G . • ••.... ....,,. s� . > �'' GO�Po�TF'i9G'� _ c� ; �-: �EA.� = m� - _:=�,z . ',/'��''�., TFXAS � \\``�.�`��. ''��nniin��` CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fortn Revised 20171109 00 41 00 Bid Proposal Workbook 00 43 '13 BID BOND Page 2 of 2 ��.-�/� <-� �tnes�s to Surety Eric Lesch, Witness Attach Power of Attorney (Surety) for Attorney-in-Fact Address: 2410 Squire Place Farmers Branch. TX 75234 S U RETY: Merchants Bonding Company (Mutual) BY: ignature v" ame and Tit e Address: 6700 Westown Parkway _Des Moines, iA 50266-1158 Telephone Number: 1-800-678-8171 "Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20171109 .�_ � . ,�� = . � ... �i;�.: v - ��- -:�' : f'� �„ �� _ •�__ , ,,;�� `= -- .� _ W � _ .`, ._ �` , ��' 770,�?.OQ,I•3v�'Nroposal Workbook MERCHANTS BONDING COMPANY,� MERCIIANTS BONDING COMPANY (MUTUAL) • MERCNANTS NATIONAL BONDING, INC. P.O. Box 14498 • DES MOINES, IOWA 50306-3498 •(800) 678-8171 •(515) 243-3854 FAX IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, 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) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent 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. SUP 0032 TX (2/15) Obligee: Citv of Fort Worth Project: ATHLETIC FIELD LIGHTING AT: HARMON FIELD PARK AND ROLLING HILLS SOCCER COMPLEX - Citv Proiect No •102961 & 102962 Principal: Groves Electrical Senrice, Inc. Bid Bond �ERCI-]CANTS BONDING COMPANY� POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Clem F Lesch; Eric Lesch; Felix Navejar; Melissa Lesch their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the pertormance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the naturethereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies �a� e caused this instrument to be signed and sealed this 11th day of February , 2020. ••''�10 Nq''o -`' � "• • ;.-�P........ - � e'- : : �O�N"' �ll,hA : ; y:•pRpOR,q• O. �O; �'�POR -, q. MERCHANTS BONDING COMPANY (MUTUAL) •�:' 4 >' = Z= • V 9J, .Z�; MERCHANT NATIONAL BONDING, INC. = r 2003 v"� :: a=2 1933 a: 3� .%vd'• . . ' �v : `.y � By � . � - . � `= '• d' . . 'a : � '�.� � '�;i�� •�a•� •.��j/� � � t1.• President STATEOFIOWA •��''••�■■�•`��' •�`••••'�� COUNTY OF DALLAS ss. On this 11th day of February 2020 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,`PR�A� s POLLY MASON , o D Commission Number 750576 � �� Z ° ° ° ° `� My Commission Expires . � �oWP January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set�my hand and affixed the seal of the Companies on this 23rd day of September, 2021. o•P�IONq�•.. �•��G Cp'.� ,��. :�:,, .- �?�EtPO/�'•��: ;�O?ORP09�sOy : fj►�/ , . J. ' : 2 : =G _ o _ 9�'v'? ' ' � ; �2 _ o— 9�' y-� , s�/ -"� Geti^�:+a.C` , . : a � � �:" o: 3. �'� �. ..= �v': 2003 ' Z. • y 1933 ,� c; Secr�t��: , - . . � : . . ;�d�•. : � �' ��d�;. ,`�d��' ; ti , J = . ••� �'�'�'`�.• .� � .• � . . POA 0018 (1/20) ��''••........�• •....•• ,... '.�: Bond(s) produced by: ,��'� � �� '� ^��,,. ,'. PCL Contract Bonding Agency 1452 Hughes Rd #229, Grapevine, TX 76051 972-459-4749 www.oclbonds.com � , bondre uest q @pclbonds.com 00 43 37 VENpOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offces or principa! place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by ali nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of S;G:e ';-ie�e o:� �lur'� , our principal place of business, are required to be °% Hcre percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of St��e �-;cr� cr �i�r.'� , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. �i�� BIDDER: Company Name Here � -� _ _ _ - - - � - = _ " _ - By: Printed Name Here -. �. - . � ".- -.- Address Here %410 Squire PI. Address Here or Space =,,,.,ry. �r��„� ;_ ___ (Signature) City, State Zip Code Here J Title: Title Here = �� . : Date: �� __;,, _ END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised 201 � 0627 102319, 102324 0o as i? - i QUALiFICATION STATEMENT Page 1 of 1 1 ? 3 4 5 6 7 � c�n�G:�.,.:� Spc,rts LigP-��_�-- FIECttiC31 `,, ��. � 8 9 10 11 12 13 14 15 16 17 18 19 20 ?� ?? ?; ?4 ?j 26 ?� SECTION 00 4512 QUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the qualified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. �1I i�r�lr Tt��:.s ��s�E�c1,�� _Io�� r;rt�c� n;u�c�;; tl�o.��e listc�c� ii1 �)/l 11 �10. T>>c-' F�;�•r;2J Major Work Contractor/Subcontractor Company Name Qualification T e EY iration Date <Lisi _llajo;- _ - _ _. __ � . _. _ _ _ , � - - - , � . _ _ i�✓"arkTv e-- _ _ �- - -_. __ __ _-_ _. - - -- ��List �1�Icrjor - _ - - - _ , . - _ _ _, _ _ _. _ _ _ _ _ � �_ _ __. �_ _._ __. �. ii'or� Tv��% " - � - �LiSt l�faj0;' - _ _ - l>'or•k Tv e% � - _ _ � _ _ _ � _ .. = _ _ - The undersigned hereby certifies that the contractors and/or subcontractors described in the ta�le above are currently qualified for the work rypes listed. BIDDER: Company Address By: _- �_ - - - .� � ` (Please Print) Signature: _ - � � _ - .. - _.� - _ : - Title: _ � . City/State/Zip (Please Print) Date: _ - - � - �� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Athletic Field Li=htina At: 102961, 102962 SECTION 00 45 13 B IDDER QUALIFICATION APPLICATION Date of Balance Sheet , Name under which you wish to qualify Mark only one: Post Office Box City State Zip Code Street Address (required) City State Zip Code ( ) ( ) Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 200 TEXAS STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: “BIDDER QUALIFICATION APPLICATION” Individual Limited Partnership General Partnership Corporation Limited Liability Company Athletic Field Lighting at: 102961, 102962 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 00 45 13 BIDDER QUALIFICATION APPLICATION Page 2 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable – Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become qualified. MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling – 36-Inches – 60 –inches, and 350 LF or less Tunneling - 36-Inches – 60 –inches, and greater than 350 LF Tunneling – 66” and greater, 350 LF and greater Tunneling – 66” and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches – 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller 00 45 13 BIDDER QUALIFICATION APPLICATION Page 3 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning , 24-inches and smaller Sewer Cleaning , 42-inches and smaller Sewer Cleaning , All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting 00 45 13 BIDDER QUALIFICATION APPLICATION Page 4 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED LOCATION CITY-COUNTY- STATE NAME AND DETAILED ADDRESS OF OFFICIAL TO WHOM YOU REFER *If requalifying only show work performed since last statement. 5. Have you ever failed to complete any work awarded to you? If so, where and why? 6. Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. 00 45 13 BIDDER QUALIFICATION APPLICATION Page 5 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? NAME PRESENT POSITION OR OFFICE YEARS OF EXPERIENCE MAGNITUDE AND TYPE OF WORK IN WHAT CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. 00 45 13 BIDDER QUALIFICATION APPLICATION Page 6 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No.Individuals authorized to sign for Partnership Officers or Managers (with titles, if any) Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. 00 45 13 BIDDER QUALIFICATION APPLICATION Page 7 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 14. Equipment $ TOTAL ITEM QUANTITY ITEM DESCRIPTION BALANCE SHEET VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. 00 45 13 BIDDER QUALIFICATION APPLICATION Page 8 of 8 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Athletic Field Lighting At: 102961, 102962 BIDDER QUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder ualification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. September 20, 2021 CONTRACTORS QUALIFICATION STATEMENT The Undersigned certifies under oath the information provided herein is true and sufficiently coznplete so as not to be misleading. SUBMITTED TO The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 SUBMITTED BY: GROVES ELECTRICAL SERVICE, a Texas Corp. 2410 Squire Place Farmers Branch, Texas 75234 972-484-2717 972-484-2263 (Fax) NAME OF PROJECT TYPE OF WORK: 1. ORGANIZATION Harmon Field Park & Rolling Hills Soccer Complex Athletic Field Electrical Design, Installation, Maintenance & Repair, Mechanical, Directional Boring & Trenching 1.1 How many years has your organization been in business as a Contractor? Fifty-Three (53) Years 1.2 How many years has your organization been in business under its present business name? Forty-Nine (49) years as a corporation, over Fifty-Three (53) years total. 1.2.1 Under what other former names has your organization operated? Groves Electrical Service (1968-1974) Groves' Services (for related work) as a �l b.a.. 1.3 If your organization is a corporation, answer the following: 13.1 Date of Incorporation: August 24, 1974 1.3.2 Sate of Incorporation: Texas 13.3 President's name: William (Bill) Groves 1.3.4 Vice-president name: Charles Vande Zande, VP of Estimating Selena Zarate, VP of Operations, C.O.O Maria Groves, VP of Finance, C.F.O 1.3.5 Secretary's name: Maria Groves 1.3.6 Treasurer's name: Maria Groves 1.4 1.5 1.6 If your organization is a partnership, answer the following: Not Applicable If your organization is individually owned, answer the following: Not Applicable If the form of your organization is other than those listed above, describe it and name the principals: Not Applicable � J LICENSING 2.1. List jurisdictions and trade categories in which your organization is legally qualified to do business, and indicate registration or license numbers, if applicable. Texas 2.2 List jurisdictions in which your organization's partnership or trade name is filed. Not Applicable EXPERIENCE 3.1 3.2 List the categories of work that your organization normally performs with its own forces. Electrical, Mechanical, & Excavation Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) 3.2.1 Has your organization ever failed to complete any work awarded to it? No 3.2.2 Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? No Graves Electi�ical Service, Inc. Oz�alification Statement Page 2 3.2.3 Has your organization filed any law suits or requested arbitration with regard to construction contracts within the last five years? No 3.3 Within the last five years, has any officer or principal of your organization ever been an officer or principal of another organization when it failed to complete a construction contract? (If the answer is yes, please attach details.) No 3_4 On a separate sheet, list major construction projects your organization has in progress, giving the name of project, owner, contract amount, percent complete and scheduled completion date. See Attachment "A" 3.4.1 State total worth of work in progress and under contract: $26,886,584.89 Total Contract $6,842,594.26 Amount Remaining 3.5 On a separate sheet, list the majar projects your organization has completed in the past five years, giving the name of project, owner, architect, contract amount, and date of completion and percentage of the cost of the work performed with your own forces. See Attachment "B" � $16M Annually � 4.2 3.5.1 State average annual amount of construction work performed during the past five years: On a separate sheet, list the construction experience and present commitments of the key individuals of your organization. As Requested REFERENCES 4.1 Trade References: Sum.init Electric Supply PO Box 848345, Dallas Parish-Hare Electrical PO Box 560547, Dallas CED Supply Company PO Box 1380, Fort Worth Crawford Electric 1950 Gateway Drive, Irving Lonestar Electric Supply 999 Regal Row, Dallas Bank References: Wells Fargo Bank 13297 Josey Lane Farmers Branch, TX 75234 214-357-7000 214-905-1001 214-358-1212 972-869-3633 972-947-9700 Groves Electr�ical Seilvice, I�rc. Oualification Staternent Page 3 Teresa Hawkins, Bank Representative 972-419-3662 4.3 Surety: 4.3.1 Name of bonding company: Merchants Bonding Company (Mutual) (NAIC #14494) P.O BOX 14498 Des Moines, IA 50306 4.3-2 Name and address of agent: PCL Contract Bonding 1452 Hughes Road, Suite 229 Grapevine, TX 76051 Eric Lesch, President 972-459-4749 5. FINANCING �` * 5.1 Financial Statement. Sent Upon Commitment of Contract 5.1.2 Name and address of firm preparing: McDonald and Simmons, P.C. 8330 Meadow Road Suite 210 Dallas, TX 75231 David McDonald, Certified Public Accountant 214-265-9792 5.1.3 Is the attached financial statement for the identical organization names on page one? Supplied Upon Request 5.1.4 If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). Not applicable 5.2 Will the organization whose financial statement is attached act as guarantor of the contract for construction? Yes Groves Elect�°ical Service, Inc. Oz�alifica2ion Statement Page 4 6. SIGNATURE 6.1 Dated at Carrollton this 22nd day of September, 2021 Name of Organization� Groves Electrical Service, Inc. ,� , By: 'k _ % `�%_L��/J Title: Chief Financial Officer 6.2 Maria Groves being duly sworn deposes and says that the information provided herein is true and sufficiently complete so as not to be misleading. xX DUNs #lA2 052115672 Groves Electr�ical Set-vice, Inc. 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TECL # 17392 972-484-2717 2410 SQUIRE PLACE, FARMERS BRANCH, TEXAS 75234 972-484-2263 FAX inriria(7groveselecfric.com MAJOR PROJECTS OVER 57 Million LOMPLETEo IN THE LlST FIVE YeARS Preject p: � t Name. profect Owner: qrcM1ilec[ General Conlractor Canlacl Persen PM1one Number Contracl Gnount Uale of Campletion 1936 Multl-Campus>�M1letic Fleltl LlgM1ls aniieltl I5� S qssociafes Gerry Walker rryWalker�misJmafl.org 299�6390 51�503,1]8.00 May 2�30 1911�'1932 no Flre 5talion p2 8 p] PrcM1ilecis,^In1c.� WaHartl Byme Canzlrucl�on 5arvkes LClantl TIeM1 I�IeM1[_HSEyme.com 39d St�]31�1<9.00 qpr11 30� Y021 1989 Internatlonel Elemenlary SCM1aoI XEB Intlepentlent SCAaaI Distric[ Jnerts Gene�al s� Lttl. oEtl PapOe�lus enfus@joer�s.cam 01]-]5'I-9261 51,618�556 OTO 1990 Precinet L�ne Etemenlary Sc�ool XE9lntlepentlenl Schoal Ylslricl MeretlllM1 Jump mjumpgJaeris.com 31<-9]O�B9t9 51,81]A65.00 � 20Yt 18]5 DEP Pchieve Academy IEea Public SCM1ools - Naltom Cily r oniractors, Lttl. yn qolerts rls@�eeris.cam Bt]-]51-9096 51,]OC��9 3019 t0]9 Sc�ool �Islrict WNA oer�s General Conlraclors� LIJ, rtsII�oeris.com 811->51-9096 55,656]29.0� September 2D20 Ratclitt ruc o s, LPIMemandez 18>lF omplea OallaslntlepentlantSCM1ooloislrict P9NPrcM1itecls,lnc. CConsulling�LLC wisQra�cl��tcane�ruc�o�s.�om912�43E-9969 52��30,81].BO SeplemEcr]Ot9 1812 Hichardson HIgM1 Schaol-MAC 91U9� on InEepentlent SCM1aaI Uislricl HNS qrchitacls McSM1ane �ma no�cadencemcsM1ane.com 9]2439-Y336 5 1�Zl5�99].00 Janua ry HatcliNLanslructa LPIHemantlez 1860 Oallas IntlepenCenlSchool Dlslricl Jacobz Consulling� LLC mang.a�cil��ca�s�..�to.:.com 9>2-0�2-99fi9 $ May 20� 2019 108fi TM1ampson Elemenlary Schaol Nort�wezl InEepenEcnt School Oislric! onlractors, Lttl. Michael Perry rryHloeris.cam 01]-]51-9096 5 2�114,0�3.00 July 15� 2019 106� G ftoland Vela AlM1lelic Complew Clty of Oenlon Ounaway as Lontracling M1nny Gann 990�]GB->941 5 'I,OSB�t99.00 May 20'19 1061 School IIMEPiepSCM1oa1 Novel9uiltlers TetlWM1alcy 2td-090-0010 5 1�12J�5fi).51 Fugust3U19 �]5B o(Mcicinney SHF ScollSM1ubcrl 9�2�265�]960 31.196,]]0.�0 FcEruaryT02Y �>50 atly Sprvce NIgA SCM1aaI Oallef I.S.U. Page SoulM1erlanE Page, Inc. Grenl Cloutl 31<-983�3000 3 1�090�]09.82 emEer 2�t9 MAJOH PHOJCC�I S CONFID�N�fIqL Payc 1 0l 2 ATTACHMENT"B" ��q� rIM1 Creek Elemenlnry SCM1ooI Mcllssa I.S.p. Slantec HrcM1ifecls� Ine. cllon Lompany� Inc. 469�990-93]G 51,518,25D.00 Juty P010 ]]2 Nlc�artlzon I.S.0 CaJence McSM1ane Noe Franca 913�239-2338 52�169,�39.00 SeplemLer]019 'I>20 C�Iyo�Allan moltllCan rvclion,lne, NalalieReynoltls $1��5,009.q6 JulyR019 'I>26 Cltyat0ennisan PlazzaCans 0.aEWFile 903d63�Y]B9 51�80>.]95.00 Ju1y2010 '/Zq HIBh SCM1ooI Mclisso I.S.D. 9]]-fi68�9300 53,005,92'l.0� Nu9ust 1fi]0 ntary5choolp42 Friscol.5.0. oclaMs 9'/yd32-9969 5�,�0�55].68 ZOt] 16'/] FriscaElementary5choolp4l cliHConshuctors LhnsBotto 5��>�3�22t.tt OctaUerP01] 16'/6 NorlM1easl Communily ParF PM1asc I tity of Frisco Totltl Scallam 52�989,iG6.U0 A�9urt Y01] 1562 R.L. Anderson Statllum Manslieltl 1.5.0. Huckahce fl qesoclales Lheri Connor 81'!�5]1-2310 $t.066�060.29 �559G9E3 George 9uzM1 Elementary 3choal Wylle I5V ls� lnc. GallagM1erLoniruclion Van Gallaghe� 9]2�633�0564 5��8�'136.00 erY016 Atldison Beltway E�pansion Phase 1555 283 n ol ntltllsen Mesa vesign Group Michael Kashuba 9�2�CSo�T064 52�o21,Bq0.]0 2016 1536 Lonneclian Park Ot(ices Connection Parh Partners� LP n OKces EMJ Can PM1lllip Crissman 9]2�582-�918 5�.�54�213.3] cM1 2016 15<] SMU - SE eampus Oevolopmenl aulM1em MetM1aalsl unive.s{ly HaFnfieltl, NOMer, stan(ora o'9rien tonzervelion Jaime Galvan 214�9sZJ000 St.5�4�OB6.34 P se 11 Pv�� Ot6 , „I[;I: I I.l I. i:1 � ,.tli:l�ll)1 �!Ili:i i ..i . r.i . Op d] 26 - I CO\ I R 1C'i'(]R C'O�tPLiANCL- �l'ITE I �4'ORK1�'R'S CU�IPCNSA IIUN 1.A�1' �'agc I of I ? ; 4 S 6 7 8 9 10 ii t� l3 14 l5 l6 i� l8 19 zo �� 3 ?4 25 �� ?7 �g 29 �Q �[ 32 i _i �� 35 36 SECTiON 00 4� 26 CONTRACTOK COMPL[ANCE V4'ITH WORKER'S COMPENSA"1"[ON LAW Pursuant to Texas Labor Code Sectian 40b.096(a). as amended, Contractor cer[ifies that it provides �vorker's compensation inszirance co��erage for a11 of its employees employed on City Project No. ] 02961, ] 02462. Contractor further certifies t1�ai. purs�ant to Texas Labor Code, 5ectian 406.09((h}, as ae�ended, it will provide to City its subcontracto��'s certificates of compliance ��ith worker's compensa[ion ec�vera�=e. CONTRACTOR: G�oves Electricaa Service, lnc Compan. 2410 Squi�e Place _ __ Address By: William {Bill) Gro�es _ (Please Print) Si�nature: Farmers Branch, Texas 75234 Tit[c: President Cit}�IStatelZip ("Please Print) THE STATE OF TEXAS COUNTY OF TARRANT � � BEFORE ME, the undersigr�ed authority. on this day personally appeared William (Bi11) Groves . known to �ne to be the person whose name is subscribed tn the toregoing instrument, and acknowiedged to me that he/sfle executed the same as the act and deed of President for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY H.AND AND SEAL OF OFFICE this � �u-� � dav af ��1�'.^��]tySr , ?��1. . � , �7 � �� __ Notan� Pub]ic in and fo�- tl�e St te of Texas 37 .�8 �ND OF SEC'I'ION ��"� `�� chR�Sria,r, co�uzo _ �, µora�y i� a�� aza3a3o3 ��`a ' ,J My Commissian Expfres J �% �y�r� December 22, 202+ CITY'Of FURT ��'ORI'Ii :�lhlcuc 1=feld I.i��htin�=:�r STANDARC}CONSTRi'C'ff0\ SPI�_('ll�[C';1'f'ION f]OCl'\{I;A'I�S fu'_9f,1. lu'_9C' �iCt�E�C� �11�� _ �l1� ] 00 45 40 - 1 Business Equity Ordinance Specifications Page 1 of 2 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised July 19, 2021 SECTION 00 45 401 Business Equity Specifications2 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $100,000, then a Business Equity goal is applicable.5 A Business Equity Firms refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBE). 7 8 POLICY STATEMENT9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City’s current Business Equity Ordinance No.24534-11-2020 (as codified: 12 https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593 ) apply to this bid.13 14 15 MBE PROJECT GOALS 16 The City's M/WBE goal on this project is 11%of the total bid value of the contract (Base bid applies to17 Parks and Community Services).18 19 COMPLIANCE TO BID SPECIFICATIONS20 On City contracts $100,000 or more where a Business Equity Goal is applied, offerors are required to 21 comply with the intent of the City's Business Equity Ordinance by meeting or exceeding the above stated 22 goal through one of the following methods: 1. Business Equity subcontracting participation, 2. 23 Commercial useful function services performed by the Business Equity Prime to count towards the 24 goal,3. Combination of Business Equity Prime services and Business Equity subcontracting 25 participation, 4. Business Equity Joint Venture participation, 5. Good Faith Effort documentation,26 or, or 6. Prime Waiver documentation.27 28 SUBMITTAL OF REQUIRED DOCUMENTATION29 The Utilization Plan shall be due at the time specified in the solicitation. The applicable documents must 30 be received by the Purchasing Division, within the time allocated, in order for the entire bid to be 31 considered responsive to the specifications. The offeror shall EMAIL the Business Equity 32 documentation to the assigned City of Fort Worth Project Manager or Department Designee.Documents 33 are to be received no later than 2:00 p.m., on the second City business day after the bid opening 34 date, exclusive of the bid opening date.35 36 The Offeror must submit one of the following documentation:37 1.Utilization Form, if the goal is met or exceeded,38 2.Good Faith Effort Form and Utilization Form, including supporting documentation, if39 participation is less than stated goal, or no Business Equity participation is accomplished,40 3.Prime Contractor Waiver Form,including supporting documentation, if the Offeror will perform41 all subcontracting/supplier opportunities,42 4.Joint Venture Form, if goal is met or exceeded with a Joint Venture.43 44 45 46 47 48 These forms can be found on-line at: 49 00 45 40 - 2 Business Equity Ordinance Specifications Page 2 of 2 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised July 19, 2021 Business Equity Utilization Form1 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-2 %20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Utilization%20Form.3 pdf4 5 Business Equity Prime Contractor Waiver Form6 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-7 %20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Prime%20Contractor8 %20Waiver.pdf9 10 Business Equity Good Faith Effort Form11 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-12 %20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Good%20Faith%20Ef13 fort%20Form.pdf14 15 Business Equity Joint Venture Form16 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60%20-17 %20MWBE/NEW%20Business%20Equity%20Ordinance/Business%20Equity%20Joint%20Venture.pdf18 19 20 21 22 23 24 25 Any Questions, Please Contact The Business Equity Division of the Department of Diversity and 26 Inclusion at (817) 392-2674.27 END OF SECTION28 29 30 31 FAILURE TO COMPLY WITH THE CITY’S BUSINESS EQUITY ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUTIY DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE. A SECOND FAILURE WILL RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. pU 52 �3 - I Acrcemcnt P�}�,c i ui 5 SECTTON 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 1 1/3(}121 is snade by and beEween the City of Fort Worth,a Texas home rule rr�unicipality, acting by and thrqugh its duly authorized City Manager, ("City"). and Gro�es Electrical Service, lnc. �luthorized to do business in Texas, act�El.� by and through its duly authorized representative, (."Contractor"}. City ��ncl Contractor, in consideration of the n�utt�af covenants hereinafter set forzh, agree ds follows: Article 1. WORK Contractor shall complete all Work as specified or indi�ated in the Contract Docutnents for the Project icfentified herein. Article 2. PRO,IECT The project fo�- which the Work under the Cantract Documents 3nay be the whole or only a part is �enerally described as fallows: Athletic Field Li�hting at: 1029c51, 102962 Article 3. CONTRACT PRICE City a¢rees to pay Contractor for perforn�ance of the Wor�C in accardance wich the Contract Documents an amount, in current funds, of one million, eiaht hundred thirty- two� one hundre_d and forty Dailars {$1.832,14{)). � Article 4. CONTRACT TIME 4. i Final Acceptance. The Work will be complete for �inal Aceeptance within 200 ealendar days after Ehe date when the Cantract Time commences to run, as provided in Par��•aph 2.Q3 of tf�e General Conditions, plus any extension thereof altowed in accordance with Article 12 of the General Canditions. �.2 Liyuidated Dama�es Contractor recognizes t1�at iilne is nf the essence for completian of Milestones, if any, and to achieve Final Acceptance of the Work and Cit}r will s�ffer financial ]oss if the Wark is not completed within the time(s) specified in Paragrap[� 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a]egal proceeding, the actuai loss suffer�d by the City if the Work is not campleted on time. A��ordin�ly, insteacl of rec�uirina any suc:h pro��i�, Contraetor agrees Ehai as liquidated damageti for delay (but not as <1 penalty), Contractor shall pay City Six hundred anc� fifty Dollars { 650) for each day t�at expires ��fter the time specified in P�ira=raph 4.1 for Final AeeepEance until the City issues the Final Letier of Acceptance. CTTY OP FQRi lk'(�RTH �.lhlctiC Field Lichtin� ,at: S'TANDARD CO�'STEZUCTION SPECIFICAT[Oti DOCUMFiNTS l�)?9b1. I11"_'96'_ Re+�i�cd U91061'_019 t)I) 5? �; ? .�L rc'CtIli Ilt Pa��e '_ oT $ Article 5. CONTRACT DOCUMENTS S.l COI�'TEI�'TS: A. The Cont��act Docun�ents which comprise the entire acreement between CEty and Contractor concerning the Work consist of the followin�: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form I ) Proposal Form 2) Vendor Campliance to State Law Nan-Resideni Bidder 3) Prec�ualification Statement 4) State and Federal documents (projecf .specif cJ b. Current Prevailina Wa�e Rake Table c. Insurance ACORD Form(s) d. Payanent Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Wo�'ker's Coi��pensation Affidavit i. MBE and/or SBE Utifization Farm 3. General Conditions. 4. Supplementary Canditions. 5. Specifications speci�cally made a pa�t of the Contract Documents by att�ichment or, if not attached, as incorporated by reference and described in the Ta61e of Contents of the Projec[`s Contract Documents. fi. Drawings. 7. Addenda. S. Documentation submitted by Contractor prior to I�otice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, became an incorporated part of tE�e Concract Documents: a. Notice Eo Proeeed. b. Field Orders. c. Change Orders. d. Letter of �inal Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to 'rndemnify, hold harmless and defend, at its own expense, the citr•, its ofticers, servants and empioyees, from and against any and all claims arising out of', or alleged to arise out of, the work and services to be performed �y the cantractor, its offieers, agents, employees, subcontractors, licenses or invitees under this cantract� This endemniEication provisian is speciiicallv irstended to oqerate and be effective even if' it is alle ed or roven t�at alI or some af the dama es bein sou ht were caused ir� wttole or in art bv an act amission or ne li ence af' the cit . This indemnity provision is intended ta include, without Iimitation, indemnity for costs, expenses and legal fees incurred by the city in de#'ending against such claims andcauses of actions. C1TY OF rORT «'ORTH Athletic Fiefd Lightin, At: STA*�DARll CO\STRL'CTIO� SPECIFICAT[O\ DOCUNiENTS 102961. I(}?96' Rcrised Q91(}b1�019 UO 52 a3 - 3 Agrecmcnt Pa�c 3 of 5 6.2 Contractnr covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from a�d against any and all loss, damage or destruction of proper[�� oF the city, arising out of, or afleged to arise aut of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This inde�nnification Qrovision is specificallv intended to aperate and be effective even if it is alle�ed or proven that ali or some of the dama es bein sau ht w'ere caused in whole or in art b a�n _a_c� omission or ne�li�ence of the city. Article 7. MISCELLANEOliS 7.1 Terms. Terms used in tt�is Agreement which are de�ned in AE�ticle 1 of the General Co��ditions will have the meanin�s indicated in the Genecal Conditions. 7.2 Assignment of Contract. This A�reement, includin� all of the Contract Documents may not be assigned by the Cantractor withoui the advanced express written consent of the City. 7.3 Successars �nd Assigns. City and Contractor each binds itself, its partners, successors, assigns and legaI representatives to the other party hereta, in respect to all covenants, agreements and obligations contained in the Co�7trac:t Docurrients. 7.4 Severability. Any provisian or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shaEl be deeme�f stricken, and �ll� remaining provisions shall continue to he valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is perform�ble in the State of Texas, Venue shall be Tar�•�nt County, Texas, or the United States District Court for the Noethern DisErict af Texas, Fart Worth Division. 7.6 Authority to Sign. Contractor shal] a[tach evidence of authority to sigEl A�reement if signed by someone other Chan the duly at�tharized siQnatory of the Contraetor. 7.7 Prohibition On Contracts With Companies Boycottin� Israel. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Go�ernment Code, the City is prohibited fronz entering into a contract with a company for goods or services unless the contract contains a written �erification from the company that it: (1) daes not baycatt Israel; and (2) wi�l not boycott israel during tE�e terrn of the contrac:t_ CETY OF rORi VJOIZTH ST,��llARD CONSTRUCTlO\ SPECIFICAT[ON DOCi;hiENTS Re��ised 091D61�[119 P.thlecir Ficl� Lighting At: l 02961. 1(}?962 OUj?�3-� A�rcem�nt Paec � of 5 The terms "boycott Israel" and "company" sE�all have the meaniii;s ascribed to those ter�r�s in 5ection 8Q8.00l of the Texas Gavernment Code. By sigitilig this cattr[�ct, Contractor certifies that Contractor's sigrtat��re provides writterr verification to tlie City titat Cn��tractor: (I) does r�ot boycott Israel; and (2) will nat boycott Israel duriizg lhe term of tJie co�itract. 7.8 Irnmigration Nationality Act. Contractor shall �erify the identity and employment eligibility of its employees who perform work under ti�is Agreemenr, including cornpleting the Emplayment Eligibility Verification Form (1-9). Upon request by City, Contractor s�all pro�ide City with copies ofali I-9 farms and supporting eli�ibility documentation for ea�h employee ��-ho performs work under fhis A�reement. Contractor shall adhere to all Federal and State ]aws as well as establish appropriate procedures and controls so that no s��vices will be performed by �tny Contr�tctor employee wha is not legally eligible ro perforrn such services. CUl\TTRACTQR ,5HALL Y1�D�MNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR L05SES DL'E TO VIOLATIOnS OF THIS PARAGRAPH 8Y CONTRACTOR, CONTRACTOR'S EMPLOYEES, SL"BCUNTRACTURS, AGEI�TS, OR LICENSEES. City, u�on written notice ta ContractQr, sl�all have the riaht to imi��ediate[y termiRaEe this Agi•eement for violations af this provision by Contractor. 7.9 No Third-Party Beneficiaries. This Agreement cives no nghts or ber►efits to anyone ather than the City and the Contractor and there are no third-party beneficiaries. 7.1() No Cause of Action Against �ngineer. Contractor, its subcontractoE�s and equipinen[ and materials suppliers on the PROJ�CT or thei�- sureties, shall maintain iio dire�t action a�ainst the En�ineer, its officers, em�loyees, and subcontractors, for any c[�tim arisin� aut af, in conn�ction with, or resulting from the engineering services performed. Only the City w�i�i be tF�e benefici�iry af any undertaking by the Engineer. The presence or duties af the Engineer's persannel at a construction site, whether as on-site representatives or otl�erv�rise, do not ma�Ce the Engineer or its �ersonnel in any way responsible for those cfuties ihat belong to the City andlor ihe City's canstruction contractors or other entities, and do not relieve the construc:tion contractors or any other entity of thcirobligations. duties, and responsibilities, including, but not ]i�r�ited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the consiruction work in accordance with the Contract Documents and any F�ealth or safety precautions required by such construction work. The Engineer and its personnel have no authority ta exercise any contro] over any construction co��tr�etor or other entity or their employees in connection with their work or any heaitt� or safety �recautions. SIGNATURE PAGE TO FOLLOW C[TY Oi� FQRT \� QRTH Athlei'sc Field Lighting ,4t: STA'vDARD C�NSTRUCT[Oti SPFC]FICAT[O\ �OCCME�'"FS ]0�961. Itl�)6_' Ae� fscd 0 9/06130 1 9 DBlack (Jan 10, 2022 17:33 CST) Valerie Washington (Jan 11, 2022 09:56 CST) 01/11/22 Jannette S. Goodall (Jan 13, 2022 06:44 CST) Jannette S. Goodall � oosi i3-i PERFORMANC� BOI�P Page 1 of2 I 2 3 4 5 6 7 8 9 ]0 11 SECTION 00 61 13 PERF4RMANCE BOND Bond No. TXC614092 THE STATE OF T�XAS § § KNOW ALL BY THES� PRESENTS: COUNTY OF TARRANT § That we Gro�es Electrical Services Inc. known as "Principal" herein artd Merchants Bondin� Company (Mutual) , a corporate surety(sureties, if more than one) duly authorized to do business in the 5tate of Texas, knowr� as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal carporation created pursuant to the laws of Texas, kr�own as "City" herein, in the penal 12 sum of, one millio�, eight hundred #hirty-two thousand, one hundred and forty Dotlars 13 14 15 l6 ($ 1,832,140.00 ), lawful rrioney ofthe United States, to be paid in Fart Worth, Tarrant County, Texas for the payment of which sum well and truly ta be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 1 S awarded the 30 day of Noverr�ber , 20 z� which Contract is hereby referred ta and � 9 made a part hereof for all purposes as if fu�ly set forth herein, to furnish all materials, ec{uipment 20 21 22 labor and other accessories defined by Iaw, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Athletic Field Lig�ting - 1Q2961, 102962. NOW, THEREFORE, the condition of this obligation is such that if the said Principa] 23 shal] faithfully perform it ohligations under the Contract and shall in all respects duly an� 24 faithfully perform the Work, including Change Orders, under the Contract, according to the pians, 25 specifications, and contract docurrzents therein referred to, and as well during any p�riod of 26 extension of the Contract that may be granted on the part of the Ciry, then this obligation shail be 27 and become null and void, otherwise to remain in full force ancf effect. 28 f►3•� PROVIDED FURTHER, #hat if any lega] action be filed on this Bond, venue shall tie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 36 Worth Division. C[TY OF FORT W�RTH STANDARD CO%3TRUCTlON SPECIFfCATlON DOCUMENTS Revised July l, 20l l Athletic Field [.ighting At; ID2961,102962 oobi is-z PERFORMANCE BONU Paee 2 of 2 1 This bond is made and executed in compliance with the provisions of Chap#er 2253 af the 2 Texas Government Code, as amencied, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers an this the 6 December , 20 21 . \````y5�l��l��trrfr�� .� �G`� R � Cq � '`�. ,. ,,. % � �'GpRp��Ts�9G� — � �•� � �� _ � : ^�� ': j7� _ ATTEST: � J '.�]� �~ � �'��•. : ; �. ''•••... , .��'' � T � ��. /��'�i��1�XAS45�y��` � (Principal) Secretary 7 8 9 1Q 11 12 13 14 15 16 17 18 19 Za 21 22 23 24 � �t�L � itness as to Principal 26 27 28 29 30 31 32 33 34 35 � Witness as ta Surety Eric Lesch 36 37 38 39 40 day o� PRINCIPAL: Gro�es Electrical Service_ Inc. � � /. �/�� I��I i� � ,i� /qNI /�/i��i � ?.-,r--.�. �.. : ame an Title � Address: 2410 Squire Place Farmers Branch TX 75234 � SURETY: Merchants Bonding Company (Mutuai) BY: Signat� e Felix Navejar. Attorney-in-Fact �lame and Title Address fi70(1 We�tnwro Parkwav Des Monies, IA 50266-1158 Telephane Number: 1-SDO-678-8171 41 *Note: If signed 6y an af�icer of the Surety Co�pany, there must be on file a certified extract 42 from the by-laws sf�owing that this person has authority to sign such obligation. [f 43 Surery's physica] address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. �45 CITY OF PORT WORTH Ath�e�4c F�eld L ig:�tin5 At S�CANDARDCONS"FRUCTEON SPEC[F'ICATIqN DOCUMENTS 10296,, 1�.2962 Revised July !, 201 1 00 51 14 - 1 PAYME.NT 60Np Page 1 of2 1 2 3 4 5 6 � 8 ] 0 "Surety" herein (whether one or more), are held and firrr►ly bound unto the City of Fart Worth, a ] 1 municipa] corporation crea#ed pursuant to the laws of the State of Texas, known as"City" herein, 12 in tlae pena7 sum of ane million, ei�ht hundred thirE�two thousand, ane hundred and forty Dollars 13 14 15 36 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the l g 30 �ay of November , 2d 2� , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish a11 materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 22 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecutian of the Work under 25 the Contract, then this obligation shall be and become nuil and void; otherwise to remain in fuli 26 force and effect. 27 28 29 30 SECTION 00 61 14 PAYMENT BOND Bond No. TXC614092 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: courrrY o� TaxxarrT � That we, Groves Electrical Service. Enc.. _ , known as "Principal" herein, and Merc�ants Bondin Com an Mutual , a ($ 1.832,140), [awful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, ad�ninistrators, successors and assigns, jointly and severally, firmly hy these presents: said Contract and designated as Athletic Field Lighting— ]02961, 102962. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and alZ liabilities ot� this bond shall be determined in accordance with the provisions of said statute. CITY OF FURT WOIt'fH STANDARD CQNSTRUC'fTON SPECIFICATIQN DOCUMENTS l2ev ised ]uly I, 201 l Athletic Field E.ighting At: 102961,102962 QObI 14_2 PaYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEAL,�D this instrument by duly authorized agents and officers on this the 23rd day of December , 20 2l `��,,,,, � � � �,,,,,� � �,.�` G� R I Cq� �''%, .� � s . ��GpRPO,q,�r�� PRINCIi'AL: =�' i.� F: n= Groves Electrical Service,_Inc. =�� = p :.. �� a � -'_ = ATTEST: `;, A �.�7 ;� BY: . '"'�•�... ....: � . ��''�.,,TEXAS ��.�`��` Signature �` �111 1 1111 4 1 N �S // �YI'�1 / r, �I /�`�.�/G� � Gc� /� y (Principal) Secretary Name an Title � vl�.� itness as to Principal ATTEST: d (Suret Secretary W1tneS5 3S t0 Surety Eric Lesc� Address: 2410 Squire Place Farmers Branch. TX 752�4 SURETY: Merchants Bondin Com an vlutual BY: Signature Felix Na �ar, Attorney-in-Fact Name and Title Addres5: 6740 Westawn Parkway Des Monies, IA 50266-1 1 5 8 Note: If signed by an officer of the Surety, there must be on file a certified extract from the byiaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. 9 10 m 12 The date of the bond shal] not be prior to the date the Coniract is awarclecE. END OF SECTION CITY OF FORT WORTH AthlrU_ ��ielc; Lighting At: $TAN�ARDCONSTRUCTIONSPECfF[CA'CION D�CUME►JTS �02961, 1024b' l2evised Julv ]_?O11 aa6i i9-t MAIN7ENANCE BOND Page I of 3 1 2 3 4 5 6 7 SECTION 00 61 1'9 MAINTENANCE BOND Bond No. TXC614092 8 9 [0 11 THE STAT� OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Groves Electrical Services, Inc. , known as "Princigal" herein and Merchants Bondin� Company (Mutual) , a corporace surety (sureties, if more t�tan one) d�ly authorized to do business i� the State of Texas, known as "Surery" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "Ctty" herein, l2 in the sum of one million ei ht hundred thirt -two one hundred and fo Dollars l3 (�_I,832,I40 ), lawful money of the United States, to �e paid in Fort Worth, 14 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 15 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 17 18 and severally, firmly by these gresents. WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 3Q day of November , 20 2i , which Contract is hereby 20 referred to and a made part hereof for all p�rposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including ar�y Work resulting from a duly authorized Change Order (coilectively herein, 23 the "Work") as pravided for in said contract and designated as Athletic Field Lighting — 102961, 24 102.962. 25 26 27 28 29 30 31 32 33 WHEREAS, Principal binds itselito use such materials and to so construct the Woric in accordance with the plans, speciftcations and Contract Documents that the Work rts and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City {"Maintenance Period"); and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any kime within the Maintenance Period. CiTY OF FORT WORTH Athietic Field Lighting At: 3TANRARDCONSTRUCT[ON 5P£CIFICATION DOCUM�NTS 302961. 102962 RevisedJuly 1,2011 1 2 3 4 � 6 7 8 9 10 11 12 13 l4 l5 16 I7 1$ I9 U061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THERE�ORE, the condiFion af this obligatian is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this o6ligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or recortstruct any timely noticed defective Work, it is agreed that the City �nay cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being barne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDE� FURTHER, #hai this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. C[TY OF FORT WORTH STANDARD CONSTRUCTION SPECIfiCATEON DOCUMENTS Revised July l, 2011 Athletic Field Lighting At: I Q246 [ . 102452 nu�i ig-� MAINTF.NAtiCE� BOND Paac 3 nl 3 I IN WITNESS WHEREOF, the Principal anc� the Surety have each S�GNED and SEALED this 2 instrument by duly authorized agents and officers on this the 23rd day of December 3 , 20 21 . `1\,1111I111fU11�� `��G`CR�,�AL �'% `� �`� � . �F �', � ��GORQ��r� 9� � 6 —?_ �..� mf 9 =�.� . SEAL ::� = ] 0 �`'., •••............• ' � \\`` 11 ATTEST: ��'�i�«�TEXAS��`�`��• 12 13 \ V �Q.�� . � 14 (PrinciPal) Secretary v 15 16 18 / '� � ��l,� �9 26 Wimess as to Principal 21 22 ?; ?4 25 26 27 28 29 ATTEST: 3Q 3l 32 (Surery) ecretary 33 34 35 Witness as to S�rety Eric Lesch 36 PRINCIPAL: Groves Electrical Service. Inc. .+ /� , /J././��i�/J/L � �/L�d/�r✓CS Z/'�,7i�G,►�j/ Name and Title Address: 2410 Squire Place Farmers Branch, TX 75234 SURETY: Merchants Bondin Com anv Mutual BY: SignaE •e Felix Nave'ar Attorne -in-Fact Name and Title Address: 6700 Westown Farkway Des Moines, IA 50266-I 158 ►`elephone Number: 1-800-678-8171 37 *Note: If signed by an officer of the Surety Campany, there must be on file a certified extract 38 from the by-laws showing that this pzrson has authority to sign such ob�igation. If 39 Surety's physical address is different from its mailing address, both musi be provided. 41 CITY Of FORT WORTH A'ni��uc ?leld I.iehting At: STANnARD CONSTRUCTION SPECIF[CA�iON DOCUhtEVT� 102961, 142962 Re��ised dulv 1. 2011 0 X utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 5/31/21 at 12:01 a.m. standard time, forms a part of: Policy no. 0002015827 of Texas Mutual Insurance Company effective on 5/31/21 Issued to: GROVES ELECTRICAL SERVICE INC NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12058, Austin, TX 78711-2058 texasmutual.com �(800) 859-5995 � Fax (800) 359-0650 �/ �i� Authorized representative 6/9/21 WC420304B CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Article 2 – Preliminary Matters ......................................................................................................................... 7 2.01 Copies of Documents .................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 2.03 Starting the Work .......................................................................................................................... 8 2.04 Before Starting Construction ........................................................................................................ 8 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies....................................................................................... 9 3.04 Amending and Supplementing Contract Documents................................................................. 10 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data............................................................................................................................ 11 Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands .................................................................................................................. 11 4.02 Subsurface and Physical Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ............................................................................................................... 13 4.05 Reference Points ......................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 – Bonds and Insurance ..................................................................................................................... 16 5.01 Licensed Sureties and Insurers ................................................................................................... 16 5.02 Performance, Payment, and Maintenance Bonds....................................................................... 16 5.03 Certificates of Insurance ............................................................................................................. 16 5.04 Contractor’s Insurance ................................................................................................................ 18 5.05 Acceptance of Bonds and Insurance; Option to Replace........................................................... 19 Article 6 – Contractor’s Responsibilities ........................................................................................................ 19 6.01 Supervision and Superintendence............................................................................................... 19 Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 6.02 Labor; Working Hours ................................................................................................................ 20 6.03 Services, Materials, and Equipment ........................................................................................... 20 6.04 Project Schedule.......................................................................................................................... 21 6.05 Substitutes and “Or-Equals” ....................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 24 6.07 Wage Rates.................................................................................................................................. 25 6.08 Patent Fees and Royalties ........................................................................................................... 26 6.09 Permits and Utilities.................................................................................................................... 27 6.10 Laws and Regulations ................................................................................................................. 27 6.11 Taxes ........................................................................................................................................... 28 6.12 Use of Site and Other Areas ....................................................................................................... 28 6.13 Record Documents...................................................................................................................... 29 6.14 Safety and Protection .................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communication Programs ............................................................................................. 30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals.................................................................................................................................... 31 6.19 Continuing the Work................................................................................................................... 32 6.20 Contractor’s General Warranty and Guarantee .......................................................................... 32 6.21 Indemnification ......................................................................................................................... 33 6.22 Delegation of Professional Design Services .............................................................................. 34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination....................................................................................................................... 35 Article 7 – Other Work at the Site................................................................................................................... 35 7.01 Related Work at Site ................................................................................................................... 35 7.02 Coordination................................................................................................................................ 36 Article 8 – City’s Responsibilities................................................................................................................... 36 8.01 Communications to Contractor................................................................................................... 36 8.02 Furnish Data ................................................................................................................................ 36 8.03 Pay When Due ............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests................................................................................... 36 8.05 Change Orders............................................................................................................................. 36 8.06 Inspections, Tests, and Approvals .............................................................................................. 36 8.07 Limitations on City’s Responsibilities ....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.09 Compliance with Safety Program............................................................................................... 37 Article 9 – City’s Observation Status During Construction ........................................................................... 37 9.01 City’s Project Manager ……...................................................................................................... 37 9.02 Visits to Site ................................................................................................................................ 37 9.03 Authorized Variations in Work .................................................................................................. 38 9.04 Rejecting Defective Work .......................................................................................................... 38 9.05 Determinations for Work Performed .......................................................................................... 38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 Article 10 – Changes in the Work; Claims; Extra Work ................................................................................ 38 10.01 Authorized Changes in the Work ............................................................................................... 38 10.02 Unauthorized Changes in the Work ........................................................................................... 39 10.03 Execution of Change Orders....................................................................................................... 39 10.04 Extra Work .................................................................................................................................. 39 10.05 Notification to Surety.................................................................................................................. 39 10.06 Contract Claims Process ............................................................................................................. 40 Article 11 – Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement...................... 41 11.01 Cost of the Work ......................................................................................................................... 41 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Price Work .......................................................................................................................... 44 11.04 Plans Quantity Measurement ...................................................................................................... 45 Article 12 – Change of Contract Price; Change of Contract Time................................................................. 46 12.01 Change of Contract Price ............................................................................................................ 46 12.02 Change of Contract Time............................................................................................................ 47 12.03 Delays .......................................................................................................................................... 47 Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects ........................................................................................................................ 48 13.02 Access to Work ........................................................................................................................... 48 13.03 Tests and Inspections .................................................................................................................. 48 13.04 Uncovering Work........................................................................................................................ 49 13.05 City May Stop the Work ............................................................................................................. 49 13.06 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work................................................................................................... 51 13.09 City May Correct Defective Work ............................................................................................. 51 Article 14 – Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor’s Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................ 55 14.05 Final Inspection ........................................................................................................................... 55 14.06 Final Acceptance......................................................................................................................... 55 14.07 Final Payment.............................................................................................................................. 56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ........................................................................................................................ 57 Article 15 – Suspension of Work and Termination ........................................................................................ 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause ................................................................................................... 58 15.03 City May Terminate For Convenience ....................................................................................... 60 Article 16 – Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 Article 17 – Miscellaneous .............................................................................................................................. 62 17.01 Giving Notice .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 63 17.05 Headings...................................................................................................................................... 63 Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2.Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3.Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4.Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5.Award – Authorization by the City Council for the City to enter into an Agreement. 6.Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7.Bidder—The individual or entity who submits a Bid directly to City. 8.Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9.Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10.Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11.Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 2 of 63 12.Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13.City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14.City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15.City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16.City Manager – The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17.Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18.Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19.Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20.Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21.Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22.Contractor—The individual or entity with whom City has entered into the Agreement. 23.Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 3 of 63 24. Damage Claims – A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 26. Director of Aviation – The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Director of Parks and Community Services – The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development – The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Transportation Public Works – The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Water Department – The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 34. Extra Work – Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 35. Field Order — A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance – The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 4 of 63 37. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements—Sections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Item – An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs—Polychlorinated biphenyls. 48. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 49. Plans – See definition of Drawings. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 5 of 63 50. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 51. Project—The Work to be performed under the Contract Documents. 52. Project Manager—The authorized representative of the City who will be assigned to the Site. 53. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 54. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 57. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment. 59. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 60. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 61. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 6 of 63 62. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 64. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 65. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 66. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 67. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 68 Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 69. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 70. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 71. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C.Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. D.Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 – PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as “the Contractor shall,” “in conformity with,” “as shown,” or “as specified” are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading “Related Sections include but are not necessarily limited to:” and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City’s review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City’s on-line electronic document management and collaboration system site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City’s judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City’s own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5 – BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (other evidence of insurance requested by City or any other additional insured) in at least the minimum amount as specified in the Supplementary Conditions which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as “Additional Insured” on all liability policies. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 5.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 – CONTRACTOR’S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1.“Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City’s MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor’s responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller’s Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller’s Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 – OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 – CITY’S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City’s duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City’s identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City’s responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City’s Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s Project Manager during construction are set forth in the Contract Documents. The City’s Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City’s Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Manager’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Manager’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City’s Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City’s Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City’s written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 – CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City’s correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City’s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant’s last submittal (unless Contract allows additional time). C. City’s Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City’s sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 41 of 63 D. City’s written action under Paragraph 10.06.C will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A.Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers’ compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers’ field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor’s Cost of the Work and fee shall be determined in the same manner as Contractor’s Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor’s employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor’s fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B.Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor’s officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor’s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor’s fee. 2. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site. 3. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C.Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor’s fee shall be determined as set forth in Paragraph 12.01.C. D.Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A.Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B.Pre-bid Allowances: 1. Contractor agrees that: Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor’s costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor’s overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under “Price and Payment Procedures” varies by more than 25% (or as stipulated under “Price and Payment Procedures” for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor’s fee for overhead and profit (determined as provided in Paragraph 12.01.C). C.Contractor’s Fee: The Contractor’s additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor’s additional fee shall be 15 percent except for: 1) rental fees for Contractor’s own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor’s fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor’s fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor’s expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City’s request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor’s obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City’s evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 13.09. ARTICLE 14 – PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City’s interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 53 of 63 B.Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City’s processing of any payment requested in an Application for Payment will be based on City’s observations of the executed Work, and on City’s review of the Application for Payment and the accompanying data and schedules, that to the best of City’s knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor’s performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C.Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D.Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E.Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F.Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City’s acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor’s final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 – SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor’s persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City’s Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor’s disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor’s repeated disregard of the authority of City; or 4. Contractor’s violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor’s failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor’s services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor’s services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 – DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City’s action under Paragraph 10.06.C or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 – MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. Athletic Field Lighting: 102961, 102962 CITYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: March 9, 2020 00 72 00 - 1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Athletic Field Lighting: 102961, 102962 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 7 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised March 9, 2020 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, “Resolving Discrepancies” Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., “Availability of Lands” The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of : “None” Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL NUMBER OWNER TARGET DATE OF POSSESSION “None” The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.01A.2, “Availability of Lands” 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 7 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised March 9, 2020 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated: Existing pad mounted transformer to be replaced by Oncor Electric Delivery, existing concrete pad to be demolished and removed, new concrete transformer pad to be installed by this contractor EXPECTED OWNER UTILITY AND LOCATION TARGET DATE OF ADJUSTMENT “None” The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., “Subsurface and Physical Conditions” The following are reports of explorations and tests of subsurface conditions at the site of the Work: A Report No. __________, dated ________, prepared by [name of company preparing the report], [optional note when applicable] a sub-consultant of [name of the prime designer], a consultant of the City, providing additional information on [the subject the report is about] The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: “None” SC-4.06A., “Hazardous Environmental Conditions at Site” The following are reports and drawings of existing hazardous environmental conditions known to the City: “None” SC-5.03A., “Certificates of Insurance” The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: “None” (3) Other: “None” [Obtain approval for the limits shown for SC 5.04A thru 5.04D. from City before finalizing Contract Documents] SC-5.04A., “Contractor’s Insurance” The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 7 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised March 9, 2020 SC-5.04B., “Contractor’s Insurance” 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., “Contractor’s Insurance” 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor’s Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., “Contractor’s Insurance” The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks “None” The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: (1) General Aggregate: $Confirm Limits with Railroad (2) Each Occurrence: $Confirm Limits with Railroad Required for this Contract X Not required for this Contract With respect to the above outlined insurance requirements, the following shall govern: 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 7 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised March 9, 2020 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at- grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company’s right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., “Project Schedule” Project schedule shall be tier 3 for the project. SC-6.07., “Wage Rates” The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: A copy of the table is also available by accessing the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 – General Conditions SC-6.09., “Permits and Utilities” SC-6.09A., “Contractor obtained permits and licenses” The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 1. Electrical Contractor licensed in the State of Texas. 2. Electrical Permit, City of Fort Worth. SC-6.09B. “City obtained permits and licenses” 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 7 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised March 9, 2020 The following are known permits and/or licenses required by the Contract to be acquired by the City: “None” SC-6.09C. “Outstanding permits and licenses” The following is a list of known outstanding permits and/or licenses to be acquired, if any as of [Month Day, Year this document was prepared]: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION Electrical Permit SC-6.24B., “Title VI, Civil Rights Act of 1964 as amended” During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, “DOT”) Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 7 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised March 9, 2020 b. cancellation, termination or suspension of the Contract, in whole or in part. 6.Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., “Coordination” The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority Oncor Electric Delivery Primary Electric Service “CITY” SC-8.01, “Communications to Contractor” Meeting and Schedule requirements will be addressed during the Pre-Construction meeting. SC-9.01., “City’s Project Manager” The City’s Project Manager for this Contract is Carlos M. Gonzales, or his/her successor pursuant to written notification from the Director of Park and Recreation Department. SC-13.03C., “Tests and Inspections” Lab Testing will be provided by the city and a third-party contractor. Inspections will be provided by the City of Fort Worth/Transportation & Public Works Department; both will be addressed during the Pre- Construction meeting. SC-16.01C.1, “Methods and Procedures” “None” END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 00 73 00 SUPPLEMENTARY CONDITIONS Page 7 of 7 CITY OF FORT WORTH Athletic Field Lighting At: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102961, 102962 Revised March 9, 2020 1/22/2016 F. Griffin SC-9.01., “City’s Project Representative” wording changed to City’s Project Manager. 3/9/2020 D.V. Magaña SC-6.07, Updated the link such that files can be accessed via the City’s website.