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Home My WebLink AboutContract 60753CSC No. 60753 FORT WORTH CONTRACT FOR THE CONSTRUCTION OF Meadowbrook Golf Course Renovation City Project No. 104201 Mattie Parker Mayor David Cooke City Manager Richard Zavala Director - Park & Recreation Department Scott Penn Project Manager - Park & Recreation Department Prepared for The City of Fort Worth 2023 Colligan Golf Design OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH(.:) *40ir , "' City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalification's 08/13/2011 0045 12 Prequalification Statement 09/30/2021 0045 13 Prequalification Application 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 11/23/2021 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01 - General Requirements Last Revised 01 1100 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 0132 16 Construction Schedule 08/13/2021 01 3233 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 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 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents SPECIAL CONDITIONS TABLE OF CONTENTS GENERAL MATTERS SCG.01 SCOPE OF WORK SCG.02 GOLF COURSE DESIGNER SCG.03 OWNER'S REPRESENTATIVE SCG.04 CORRESPONDENCE SCG.05 METHOD OF CORRESPONDENCE SCG.06 PERFORMANCE SPECIFICATIONS TRADE SCG.07 NAMES AND MATERIALS SPECIAL SCG.08 FABRICATION SCG.09 RISK SCG.10 DECISIONS ON DISPUTES SCG.11 RETAINAGE SCG.12 INSPECTION SCG.13 PERMITS SCG.14 PAYMENT SCHEDULE SCG.15 PRINTS FOR CONTRACTOR GUARANTY SCG.16 AGAINST DEFECTIVE WORK PRECONSTRUCTION MATTERS SCP.01 STAGING AREA SCP.02 FACILITIES TO BE PROVIDED BY CONTRACTOR SCP.03 STORING AND MOVING MATERIAL CONSTRUCTION MATTERS SCC.01 TIME ALLOTTED FOR STARTING & COMPLETION OF CONST. SCC.02 MAINTENANCE OF WORK FORCE SCC.03 CONTINUOUS SERVICE OF PERSONNEL SCC.04 WATCHMAN SCC.05 PROJECT MAINTENANCE SCC.06 PROTECTION OF WORK AND PROPERTY SCC.07 PROTECTION OF MATERIAL, TOOLS AND EQUIPMENT SCC.08 LANDSCAPE PROTECTION SCC.09 DUST PALLIATION SCC.10 PROPERTY LINES, MONUMENTS AND REFERENCE POINTS SCC.11 LINES AND GRADES SCC.12 EXISTING STRUCTURES SCC.13 EXISTING UTILITIES AND SERVICE LINES SCC.14 PUBLIC UTILITIES AND OTHER PROPERTY TO BE CHANGED SCC.15 HEALTH, SAFETY AND ACCIDENT PREVENTION SCC.16 FIRE PRECAUTIONS AND PROTECTION SCC.17 BURNING SCC.18 EROSION CONTROL CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 TECHNICAL SPECIFICATIONS Table of Contents Section Page Staking.........................................................................................100 Clearing and Grubbing..............................................................200 RoughGrading...........................................................................300 Finish Grading............................................................................400 Drainage......................................................................................500 StoneRipRap..............................................................................600 Greens Construction..................................................................700 TeeConstruction........................................................................800 Bunker Construction..................................................................900 Fine Grading, Fertilizing & Grassing.....................................1000 Sodding.....................................................................................1100 CartPath....................................................................................1200 Channel Lining.........................................................................1300 Bridge Construction (ALTERNATE).......................................1400 Irrigation....................................................................................1500 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti): //fortworthtexas.uov/ti)w/contractors/ or httDs://apes.fortworthtexas.LFov/ProiectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 14 Utility Removal/Abandonment 12/20/2012 0241 15 Paving Removal 02/02/2016 CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 0334 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 03/11/2022 2605 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi -Duct Conduit 02/26/2016 Division 31- Earthwork 31 0000 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 12/20/2012 3201 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 1123 Flexible Base Courses 12/20/2012 32 1129 Lime Treated Base Courses 12/20/2012 32 1133 Cement Treated Base Courses 06/10/2022 32 1137 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 1273 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 06/10/2022 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 1373 Concrete Paving Joint Sealants 12/20/2012 32 1416 Brick Unit Paving 12/20/2012 32 1613 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 1723 Pavement Markings 06/10/2022 32 1725 Curb Address Painting 11/04/2013 3231 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 3232 13 Cast -in -Place Concrete Retaining Walls 06/05/2018 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 3292 13 Sodding 05/13/2021 3292 14 Non -Native Seeding 05/13/2021 32 93 43 Trees and Shrubs 12/20/2012 CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 09/07/2018 33 0131 Closed Circuit Television (CCTV) Inspection — Sanitary Sewer 03/11/2022 33 01 32 Closed Circuit Television (CCTV) Inspection — Storm Drain 03/11/2022 3303 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 3304 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Pipes 03/11/2022 3305 10 Utility Trench Excavation, Embedment, and Backfill 04/02/2021 3305 12 Water Line Lowering 12/20/2012 3305 13 Frame, Cover and Grade Rings 09/09/2022 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 03/11/2022 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 12/09/2022 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 1105 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/09/2022 33 11 11 Ductile Iron Fittings 09/20/2017 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 09/09/2022 33 11 13 Concrete Pressure Pipe, Bar -Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 1220 Resilient Seated Gate Valve 05/06/2015 33 1221 AWWA Rubber -Seated Butterfly Valves 04/23/2019 33 1225 Connection to Existing Water Mains 02/06/2013 33 1230 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 1240 Fire Hydrants 01/03/2014 33 1250 Water Sample Stations 12/20/2012 33 1260 Standard Blow -off Valve Assembly 06/19/2013 3331 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 04/23/2019 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 09/09/2022 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer 12/20/2012 Pipe 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 6 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Liners for Sanitary Sewer Structures 04/29/2021 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 3341 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 3341 12 Reinforced Polyethylene (SRPE) Pipe 11/13/2015 3341 13 Polypropylene Pipe for Storm Drain 06/10/2022 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 03/11/2022 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 3441 10 Traffic Signals 03/11/2022 3441 10.01 Attachment A — Controller Cabinet 12/18/2015 3441 10.02 Attachment B — Controller Specification 02/2012 3441 10.03 Attachment C — Software Specification 01/2012 3441 11 Temporary Traffic Signals 11/22/2013 3441 13 Removing Traffic Signals 03/11/2022 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single -Mode Fiber Optic Cable 02/26/2016 3471 13 Traffic Control 03/22/2021 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 0 Product Requirements END OF SECTION CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised December 9, 2022 0005 10-1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION (M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Meadowbrook Golf Course Renovation Project No. 104201 11 /16/23, 8:59 AM City of Fort Worth - File #: M&C 23-0988 Sign In Home Legislation Calendar City Council Departments O share � R i� AI$rts Details Reports File #: M&C 23-0988 Version: 1 Name: Type: Award of Contract - Report of CM Status: Passed File created: 11/8/2023 In control: CITY COUNCIL On agenda: 11/14/2023 Final action: 11/14/2023 (CD 11) Authorize Execution of a Construction Contract with Heritage Links, a Division of Lexicon, Inc., in the Amount of $11,358,398.00, Title: for the Renovation of Meadowbrook Golf Course, Provide for Project Administration and Contingencies in the Amount of $1,005,905.12, for a Total Construction Cost of $12,364,303.12. Adopt Appropriation Ordinances, and Amend the Fiscal 2024 Adopted Budget and Fiscal Years 2024-2028 Capital Improvements Program (2022 Bond Program) Attachments: 1. M&C 23-0988, 2. TEC Cert.pdf, 3. ORD.APP 80MEADOWBROOK GC RENOVATION AO(r2) 33005.pdf, 4. ORD.APP 80MEADOWBROOK GC RENOVATION AO(r3) 33002.pdf, 5. ORD.APP 80MEADOWBROOK GC RENOVATION AO(r4) 33004.pdf History (1) Text 1 record Group Export Date Ver. Action By Action Result Action Details Meeting Details Video 11/14/2023 1 CITY COUNCIL Approved Action details Meetino details ►' Video https://fortworthgov.legistar.com/Legislation Detail.aspx? I D=6410410&G U I D=7D2 E55B5-51 A8-4978-A535-AO2F8C E70868 1 /1 City of Fort Worth, Texas Mayor and Council Communication DATE: 11/14/23 M&C FILE NUMBER: M&C 23-0988 LOG NAME: 80MEADOWBROOK GC RENOVATION SUBJECT (CD 11) Authorize Execution of a Construction Contract with Heritage Links, a Division of Lexicon, Inc., in the Amount of $11,358,398.00, for the Renovation of Meadowbrook Golf Course, Provide for Project Administration and Contingencies in the Amount of $1,005,905.12, for a Total Construction Cost of $12,364,303.12. Adopt Appropriation Ordinances, and Amend the Fiscal 2024 Adopted Budget and Fiscal Years 2024- 2028 Capital Improvements Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a construction contract with Heritage Links, a division of Lexicon, Inc., in the amount of $11,358,398.00, for the renovation of Meadowbrook Golf Course (MBGC); 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Park & Recreation Department (PARD) of the General Gas Lease Cap Proj Fund in the amount of $3,800,000.00, from available funds, for the purpose of funding the 2022 Bond Meadowbrook GC project (City Project No. 104201); 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Gas Lease Capital Project Fund, in the amount of $2,000,000.00, from available funds, for the purpose of funding the 2022 Bond Meadowbrook GC project; 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriation in the Muni Golf Gas Lease Cap Proj Fund, in the amount of $100,000.00 from available funds for the purpose of funding the construction of 2022 Bond Meadowbrook GC project; and 5. Amend the Fiscal Year 2024 Adopted Budget and Fiscal Years 2024-2028 Capital Improvement Program The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a construction contract with Heritage Links, a division of Lexicon, Inc., in the amount of $11,358,398.00, for the renovation of MBGC and adopt appropriation ordinances for additional funding. MBGC is an 18-hole golf course on a 140-acre site located in east Fort Worth. It was established in 1925 and turned over to the City in 1937. The current Meadowbrook Golf Course took its shape in 1963 after renovations that added seven new ponds/lakes, a new irrigation system and relocation of all tees and greens. Since the 1963 major renovation, improvements have been made to the tees, fairways, bunkers and greens. The current course reflects tee and green locations and sizes deemed appropriate for that time. Since the 1963 renovation, site vegetation has grown significantly, causing shading of green complexes, which has become detrimental to turf maintenance. Additionally, increased demand has placed a strain on the undersized teeing complexes throughout the course. Infrastructure, such as the irrigation system installed in 1963, is overdue for replacement. For these reasons and the recent success of the Rockwood Park Golf Course renovation, staff pursued design services for the development of the Meadowbrook Golf Course Master Plan. On June 8, 2021 (M&C 21-0365), the Council authorized an engineering services agreement with Colligan Golf Design, in the amount of $110,000.00, for the development of the MBGC Master Plan (City Secretary Contract No. 55951; City Project No. 103213). Colligan Golf Design has analyzed all facilities based on changing golf trends and demographics in order to formulate the MBGC Master Plan. As part of the master plan process, public meetings were held to gather user and community input on November 1, 2021 and March 7, 2022. Additional user and community input opportunities were provided when the MBGC Master Plan was presented to the Park & Recreation Advisory Board as an Information Item in April 2022 and subsequently on May 25, 2022 as an Action Item, where the MBGC Master Plan was endorsed by the board. The master plan includes re-routing the majority of 18 holes to enhance the players' experience and parking expansion. Items addressed in the master plan include tee boxes, fairways, greens, irrigation, drainage, parking and practice areas (putting and short game areas). On August 23, 2022 (M&C 22-0655), the Council authorized the execution of Amendment No. 1 to City Secretary contract number 55951, for the design and preparation of construction documents for the renovation of MBGC (City Project No. 104201) in the amount of $550,000.00, for a total contract value of $660,000.00. It is anticipated that MBGC renovations will begin in November 2023 and conclude (after turf grow -in) with a re -opening in the spring of 2025. The 2022 Bond Program allocated the amount of $7,000,000.00 for the renovation of MBGC. However, as the design progressed and the design team generated construction estimates, a funding shortfall in the amount of $4,000,000.00 was identified. The estimated budget shortfall is primarily due to the cost of the materials and labor associated with the irrigation system, sub -drain infrastructure, dirtwork (ponds and shaping), gas / fuel, etc. Additional funding is available for appropriation in the amount of $3,800,000.00 from the City-wide General Gas Capital funds and $2,000,000.00 from Park Gas Revenues as appropriated in this M&C. Total Project Funding: Fund icipal Golf Fund Bond Funds General Gas Lease Capital Project Fund �PARD Gas Lease Capital Project Fund Municipal Golf Gas Lease Capital Project Fund Total: Total Project Costs: Description �Meadowbrook Master Plan (City Project No. 103213) �Meadowbrook GC Design Document Preparation Project Design Total: Construction Contract [Construction Administration & Contingencies Project Construction Total: Total Project Cost: Authority 5/18/21 M&C 21-0359 2022 Bond Program This M&C This M&C This M&C Amount $125, 000.00 $7,000,000.00 $3,800,000.00 $2,000,000.00 $100,000.00 $13,025,000.00 Amount $110,696.88 $550,000.00 $660,696.88 $11,358,398.00 $1,005,905.12 $12,364,303.12 $13,025,000.00 The MBGC Renovation was advertised for bid in the Fort Worth Star—Telearam on August 24 and August 31, 2023. On September 21, 2023, the following bids were received: Bidders Base Bid Selected Bid Total Alternates Lexicon, Inc. d/b/a $11,703,338.00 ($344,940.00) $11,358,398.00 Heritage Links United Golf, LLC I$16,747,582.0011($361,852.00) I$16,385,730.00 The base bid work is to include site preparation, demolition, preparation of the Storm Water Pollution Prevention Plan, erosion control, cart paths, drainage improvements, greens, tee boxes, bunkers, water features, fine grading, grassing and irrigation. Bid alternates include fencing, haul off of tree removal materials in lieu of burial and irrigation system modifications resulting in deduct to base bid items. It is recommended that Base Bid, in the amount of $11,703,338.00 and Bid Alternate No. 2 (Fence behind 3 green and 4 tee - $24,600.00), No. 10 (Tree Removal and Disposal by local mill - $16,900.00), No. 11.1 (Deduct for lowering irrigation heads - $100,000.00) and No. 11.3 (deduct for 2 wire irrigation control in lieu of radio controller - $286,440.00) in the amount of-$344,940.00, totaling $11,358,398.00, as submitted by Heritage Links, a Division of Lexicon, Inc., be approved for the award of contract. The contract period is 260 calendar days, with construction anticipated to begin in November 2023. Associated construction administration, inspection, testing and change order contingency funding total $1,005,905.12. The MBGC renovation project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25765-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05- 2022). Funding for this project was not included in the Fiscal Years (FY) 2024-2028 Capital Improvement Program due to increased costs from the original estimate. The action in this M&C will amend the FY2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Fees — Because this work will be performed by a City contractor, occur on City property and be owned by the City, general construction permit fees are waived and Building Permit Fees are waived in accordance with the City's Code of Ordinances, Chapter 7, Article I, Section 7-1 Building Administrative Code, Section 109.2.1, Building Permit Fees, Exception 2. Operating Impact: MBGC, based on approximated FY2023 yearend totals, is projected to operate at a loss of ($51,366.00). Following the reopening of course, there will be an estimated annual profit of $361,473.00 in its first full year of operation. This will result in a net positive impact of approximately $413,000.00 for the Municipal Golf Fund. There will not be FF&E associated with this project. The current designer, John Colligan & Associates, was tasked with retaining as much of the original design as possible while incorporating modern-day course components. This, along with the additional required maintenance of the various new grasses, will result in a maintenance budgetary increase which will be part of the PARD Golf Division's proposed Fiscal Year 2025 Budget. DVIN-BE: Heritage Links, a Division of Lexicon, Inc. is in compliance with the City's Business Equity Ordinance by committing to 6% MWBE participation on this project. The City's MWBE goal on this project is 6%. The project serves the entire City and is located in COUNCIL DISTRICT 11. al,'i01_111111Iki1;101N LTA /sTA11 Is] ki WEN =1Ar19[W_TArIs] hA The Director of Finance certifies that funds are currently available in the Unspecified -Gas Lease Rev and Unspecified -All Funds projects within the General Gas Lease Capital Prj, PARD Gas Lease Capital Project and Muni Golf Gas Lease Cap Proj Funds and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the General Gas Lease Capital Prj, PARD Gas Lease Capital Project and Muni Golf Gas Lease Cap Proj Funds for the 2022 Bond Meadowbrook GC project to support the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica L. McEachern 5804 Oriainatina Business Unit Head: Dave Lewis 5717 Additional Information Contact: Scott Penn 5750 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 000515-1 ADDENDA Page 1 of 1 SECTION 00 05 15 ADDENDA END OF SECTION CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised July 1, 2011 III I co qan golf design ADDENDUM NO. 1 TO THE DRAWINGS AND SPECIFICATIONS MEADOWBROOK GOLF COURSE FORT WORTH, TEXAS PROPOSAL DATE: Thursday, September 21, 1:30 P.M. CST ADDENDUM DATE: Thursday, September 7, 2023 NOTICE OF CHANGES IN CONTRACT DOCUMENTS The following changes are hereby made in the Contract Documents and insofar as the prior Contract Documents are inconsistent herewith, the changes mentioned hereinafter shall govern. Item No 1— QUESTIONS All questions should be sent in by the end of the day Monday, September 11, 2023. Questions should be sent to: Scott Penn, City of Fort Worth or John Colligan, Colligan Golf Design scottnenna,,fortworthtexas.2ov colli2an2olfasbc2lobal.net 817-392-5750 817-925-8668 Item No 2 — CAD FILES CAD Files are available on the City of Fort Worth's BIM 360 Link: httDS://docs.b360.autodesk.com/shares/64994cbl-9c97-4007-9ccc-74e4blab7879 Item No 3 — ELECTRONIC BID FORM An Electronic Bid Form is available on the City of Fort Worth's BIM 360 Link: httDs://docs. b360.a utodesk.com/shares/64994cbl-9c97-4007-9ccc-74e4bla b7879 Item No 4 — LIQUIDATED DAMAGES Liquidated Damages for this project will be $750 per calendar day. This dollar amount has been updated from the original amount in the specification book under Supplementary Conditions, Section 1.07 Contract Time. Item No 5 — PROJECT SCHEDULE The anticipated project start date will be in November of 2023. The work by the contractor will be completed for Final Acceptance within 260 calendar days after the date when the Contract Time commences. Item No 6 — CITY OF FORT WORTH PERMITS The Contractor shall obtain all necessary permits from the city. The city will waive any permitting fees. Item No 7 — MWBE The MWBE participation goal for this project is 6%. The apparent 3 low bidders will be required to provide MWBE participation documentation within 2 days of being notified per specification documents (Section 00 45 40, Business Equity Goal). Item No 8 — WEEKEND WORK Contractor's will be allowed to work on Saturdays, but no work can be done on Sundays or City Holidays. Item No 9 — POND LINER The ponds shall be lined with 12" on -site clay compacted to 95% proctor density.; shall be provided in accordance with the construction documents page 30. Item No 10 — BRIDGE & BRIDGE ABUTMENTS The Contractor is responsible to provide shop drawings of bridges and abutments prior to fabrication. Item No 11— ELECTRICAL PLAN An Electrical Plan has been issued as part of this addendum and added to the City of Fort Worth's BIM 360 Link: httos://docs.b360.autodesk.com/sha res/43247a93-f913-438c-8a4d-55dac8ed6121 Signature: , Jo C. Collig ASGCA End of Addena No. 1 0011 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Meadowbrook Golf Course Renovation Project No. 104201 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, September 21, 2023, 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: Demolition, Mass Grading, Drainage, Feature Construction, Cart Path, Water Features, Soil Preparation, Grassing, Tree Planting, and Irrigation. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -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. Copies of the Bidding and Contract Documents may be purchased from: Colligan Golf Design 107 W. Randol Mill Rd. Suite 130 Arlington, TX 76011. The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $400.00 Set of Bidding and Contract Documents with half size (if available) drawings: $200.00 CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Project No. 104201 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 2 EXPRESSION OF INTEREST 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 — In person A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time: DATE: Tuesday, September 5, 2023 TIME: 1:30 P.M. CST LOCATION: Meadowbrook Golf Course 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. 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. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Scott Penn, City of Fort Worth Email: scottpenn@fortworthtexas.gov Phone: (817)392-5750 AND/OR Attn: John Colligan, Colligan Golf Design Email: colligangolf@sbcglobal.net Phone: (817)925-8668 ADVERTISEMENT DATES August 24, 2023 August 31, 2023 END OF SECTION CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Project No. 104201 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 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. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: httDs:Hanns. fortworthtexas.2ov/Proi ectResources/ CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. Golf Course Renovation — Requirements document located at: See Supplementary Conditions Section 1.02 Statement of Bidder's Qualifications. 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -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 addition to prequalification, 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: See Section 00 45 11 — Bidder's Prequalification Requirements 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. CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.4. 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." 4.1.5. 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. 4.1.6. 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. 4.1.7. 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. 4.1.8. 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. CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 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. CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 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 200 Texas Street Fort Worth, TX 76102 Attn: Scott Penn, Park and Recreation Department Email: Scott pennWortworthtexas.gov Phone: (817)392-5750 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. 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. CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 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 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 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.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httos:Hcodelibrarv.amleizal.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 or City 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. CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 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. 14. Withdrawal of Bids CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 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. 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. CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 htti)s://www.ethics.state.tx.us/data/forms/1295/1295.i)df 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. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. 1040 ZI] Icy X611 I [17►`I CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Renovation Project No. 104201 Revised/Updated November 2, 2021 003513 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each 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 exercise discretion in the planning, recommending, 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. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) hftiDs://www.ethics.state.tx.us/data/forms/conflict/CIS.r)df ❑ CIQ Form does not apply IN CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply x❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Lexicon, Inc. d/b/a Heritage Links By: Signature: Jon P. O'Donnell � 1 I �--V Title: Division President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 ResourcesP_02 - Div 00-General Conditions-00 41 00 Bid Proposal Workbook.xlsx 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: Meadowbrook Golf Course Renovation City Project No.: 104201 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. 'collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 ResourcesP_02 - Div 00-General Conditions-00 41 00 Bid Proposal Workbook.xlsx 0041 00 BID FORM Page 2 of 3 d. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract_ 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. GOLF COURSE RENOVATION b. GOLF COURSE IRRIGATION 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 260 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 ResourcesP_02 - Div 00-General Conditions-00 41 00 Bid Proposal Workbook.xlsx 00 41 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder Will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project_ Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid 7. Bid Submittal This Bid is submitted on September21, 2023 Respectfully submitted, By: <:� —,?,l t ( ignature) Jon P_ O'Donnell (Printed Name) Title: Division President Company: Lexicon, Inc. d/b/a Heritage Links Address: 6707 Cypress Creek Pkwy Houston, TX 77069 State of Incorporation: Arkansas Email: jono@heritage-links.com Phone: 281-866-0909 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 $0.00 by the entity named below. Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: Addendum No. 2 Addendum No. 3: Addendum No. 4: Corporate Seal: ResourcesP_02 - Div 00-General Conditions_00 41 00 Bid Proposal Workbook.xlsx Meadowbrook Golf Course BID FORM Fort Worth, Texas August 21, 2023 SCHEDULE A Companv Name: Lexicon Inc., dba Heritage Links Description Quantity Unit Unit Cost MOBILIZATION, CLEARING AND SITE PREPARATION (Furnish & Install Complete) 1. Staging Area a. Mobilization 1 LS $ 794,000.00 $ 2. Staking of Features and Grades I 1 LS $ 25,000.00 $ 3. Clearing and Grubbing a. Tree Removal (> 6" Caliper) I 200 EA I $ 500.00 $ b. Brush & Small Tree Removal (< 6" Caliper) I 2 I AC I $ 7,350.00 I $ c. Grass Crops 98 AC $ 950.00 $ 4. Environmental Protection a. Silt Fence I 10,000 I LF I $ 2.35 b. Basin Silt Protection 1 150 1 EA J $ 105.00 c. SWPPP I 1 I LS I $ 8,000.00 5. Demolition Amount 794,000.00 25, 000.00 100,000.00 14,700.00 93,100.00 23,500.00 15, 750.00 8,000.00 a. Cart Path/Curb I 135,000 I SF I $ 1.15 $ 155,250.00 b. Area for Parking Lot Expansion I 10,000 I SF I $ 1.75 I $ 17,500.00 c. Concrete Drainage Channels I 12,500 I SF I $ 1.15 I $ 14,375.00 d. Headwall & Rip -Rap Removal (Hole 10) I 1 I LS I+ $ 5,500.00 I $ 5,500.00 Total Schedule A $ 1,266,675.00 SCHEDULE B MASS GRADING (Furnish & Install Complete) 1. Strip and Replace Topsoil (4") 40,000 CY $ 7.05 $ 282,000.00 2. Cut and Fill (Bank Yards) 105,000 CY $ 4.75 $ 498,750.00 3. Feature Shaping 1 LS I $ 302,000.00 $ 302,000.00 Total Schedule B $ 1,082,750.00 SCHEDULE C GOLF COURSE DRAINAGE (Furnish & Install Complete) 1. Drainage Pipe - corrugated plastic smooth wall (CPP) a. 4" Diameter 10,100 LF $ 11.00 $ 111,100.00 b. 6" Diameter 2,775 LF $ 13.50 $ 37,462.50 c. 8" Diameter 1,500 LF $ 15.50 $ 23,250.00 d. 10" Diameter 210 LF $ 26.50 $ 5,565.00 e. 18" Diameter 310 LF I $ 50.75 $ 15,732.50 f. 24" Diameter (HDPE) 445 LF I $ 77.50 I $ 34,487.50 g. 42" Diameter (HDPE) I 125 I LF I $ 217.00 I $ 27,125.00 2. Drainage Structures a. 12" Round Grate I 50 I EA I $ 495.00 I $ 24,750.00 b. 18" Round Grate I 5 I EA I $ 585.00 I $ 2,925.00 c. 30" Round Grate I 1 I EA I $ 930.00 I $ 930.00 c. 48" Round Grate I 1 I EA I $ 1,850.00 I $ 1,850.00 c. Flared End Section I 2 I EA I $ 1,170.00 I $ 2,340.00 Total Schedule C $ 287,517.50 Description Quantity Unit Unit Cost Amount SCHEDULE D FEATURE CONSTRUCTION (Furnish & Install Complete) 1. Green Drainage I a. 4" Perforated Pipe 12,500 LF $ 13.25 $ 165,625.00 b. Vents/C lea nouts/Ma rkers I 88 EA $ 80.00 $ 7,040.00 2. USGA Greens Construction (26 Greens) a. Mix (for greens and collars) 125,060 SF I $ 4.85 $ 606,541.00 b. Pea Gravel (for greens and collars) 125,060 I SF I $ 1.10 $ 137,566.00 c. Tracer Wire 6,000 I LF $ 2.50 $ 15,000.00 d. Barrier Liner 6,000 I LF, $ 3.95 I $ 23,700.00 3.Nursery Green Drainage a. 4" Perforated Pipe 500 I LF I $ 13.25 $ 6,625.00 b. Vents/Cleanouts/Markers 4 I EA I $ 80.00 I $ 320.00 4. Nursery Green Construction a. Mix 5,000 I SF I $ 4.85 I $ 24,250.00 b. Pea Gravel 5,000 SF I $ 1.10 I $ 5,500.00 c. Tracer Wire 300 LF I $ 2.50 $ 750.00 d. Barrier Liner 300 I LF I $ 3.95 I $ 1,185.00 5. Bunker Construction a. 4" Perforated Pipe 3,600 I LF I $ 13.25 $ 47,700.00 b. Bunker Sand - Bells Savoy (4" compacted) I 36,000 I SF I $ 2.05 I $ 73,800.00 c. Bunker Liner - Better Billy Bunker 36,000 I SF $ 5.00 I $ 180,000.00 d. Hand Edging 35 I EA I $ 2,290.00 I $ 80,150.00 Total Schedule D $ 1,375,752.00 SCHEDULE E WATER FEATURE CONSTRUCTION (Furnish & Install Complete) 1. Lake Expansion (Holes 11 & 12) a. Clay Liner (12" Compacted) 2,400 CY $ 9.00 $ 21,600.00 b.Aerators 1. Aqua Master Air IV System 1 EA I $ 15,000.00 $ 15,000.00 2. 2 HP Mixers 2 EA NO BID 2. Lake Expansion (Holes 15 & 16) a. Clay Liner (12" Compacted) 1,500 I CY I $ 9.00 I $ 13,500.00 b. Aerator 1. Aqua Master Air II System I 1 I EA I $ 11,000.00 $ 11,000.00 3. Irrigation Lake Aerators (Hole 17) 1. Aqua Master Air IV System 1 I EA I $ 15,000.00 I $ 15,000.00 2. 2 HP Mixers I 2 I EA INO BID li Total Schedule E $ 76,100.00 Description Quantity Unit Unit Cost Amount SCHEDULE F HARDSCAPE (Furnish & Install Complete) 1. Parking Lot Expansion a. Parking Lot (6" Concrete - 2" sand cushion with #3 Rebar 18" O.C.) 10,000 SF $ 12.45 $ 124,500.00 b. Parking Lot Curb 350 LF $ 19.25 $ 6,737.50 2. Parking Lot Striping (Entire Parking Lot with Expansion Area) I 1 LS $ 23,000.00 $ 23,000.00 3. Accessible Parking Sign I 6 EA I $ 285.00 $ 1,710.00 4. Cart Path Construction (Fiber Mesh) a. Concrete Cart Path I 166,000 SF $ 6.45 I $ 1,070,700.00 b. Concrete Roll Curb 12,000 LF I $ 9.75 I $ 117,000.00 5. Low Water Crossing (Hole 6, 7, & 17) 3 EA I $ 10,000.00 I $ 30,000.00 Total Schedule F $ 1,373,647.50 SCHEDULE G SOIL PREPARATION AND GRASSING (Furnish & Install Complete) 1. Soil Preparation - Fine debris, removal, fine grade and fertilize a. Greens (Includes Nursery Green) 130,060 I SF $ 0.42 $ 54,625.20 b. Tees 110,000 $ 0.30 $ 33,000.00 c. Sodded Areas I 37 �SF AC I $ 2,650.00 $ 98,050.00 d. Sprigged Areas I 44 I AC I $ 2,650.00 I $ 116,600.00 e. Native Area 6 I AC I $ 2,650.00 I $ 15,900.00 f. Fescue Area ' 6 I AC I $ 2,650.00 I $ 15,900.00 2. Grassing - Sod I I I a. TifTuf Bermudagrass 36 I AC I $ 29,620.80 I $ 1,066,348.80 b. Trinity Zoysia 1 I AC I $ 40,075.20 I $ 40,075.20 3. Grassing - Sprigging I I I I a. Greens (TifEagle Bermudagrass) I 130,060 I SF I $ 0.68 $ 88,440.80 b. Tees (TifTuf Bermudagrass) I 110,000 I SF I $ 0.28 $ 30,800.00 c. TifTuf Bermudagrass I 44 I AC I $ 3,320.00 I $ 146,080.00 4. Grassing - Hydroseeding I I I a. Native Blend I 6 I AC I $ 5,950.00 I $ 35,700.00 b. Fescue I 6 I AC I $ 5,800.00 I $ 34,800.00 5. Pyramat 25 - Turf Reinforcement I 19,500 I SF I $ 4.00 I $ 78,000.00 Total Schedule G $ 1,854,320.00 SCHEDULE H TREE PLANTING (Furnish & Install Complete) 1. Tree Planting a. 3" Caliper Burr Oak 19 EA $ 765.00 $ 14,535.00 b. 3" Caliper Cedar Elm 16 EA $ 765.00 $ 12,240.00 c. 3" Caliper Chinkapin Oak 17 EA $ 765.00 $ 13,005.00 d. 3" Caliper Lacebark Elm 18 EA I $ 765.00 $ 13,770.00 e. 3" Caliper Shumard Red Oak I 13 EA I $ 765.00 $ 9,945.00 f. 4" Caliper Southern Live Oak I 17 EA I $ 1,525.00 $ 25,925.00 Total Schedule H $ 89,420.00 Description Quantity Unit Unit Cost Amount SCHEDULE 1 IRRIGATION (Furinsh & Install Complete) *Refer to the Irrigation Specifications for more detail. 1. New Irrigation System Part 1: Mobilization, field verification of existing I 1 LS $ 150,000.00 $ 150,000.00 conditions, warranty, field staking assistance, central programming assistance, creating final as -built documents, project superintendent and administrative services. Part 2: Materials and supplies necessary to complete I 1 I LS I $ 1,400,000.00 I $ 1,400,000.00 the project. Toro and allied. Part 3: Labor, equipment, trenching and istallation of 1 I LS I $ 2,402,656.00 I $ 2,402,656.00 all irrigation components, sprinkler heads, field controllers, valves, central computer, piping, zone valves and related products. Part 4: Labor, equipment, and material for the I 1 I LS I $ 195,000.00 I $ 195,000.00 construction for the intake system at the pump station, wetwell screening, intake pipe and intake screek construction. Electrical services from the meter to the pump controls are existing, and other related equipment and services include additional power for the Toro VP control system. Total Schedule 1 $ 4,147,656.00 SCHEDULE J FINISH OUT (Furnish & Install Complete) 1. Clean up, equipment removal I 1 I LS I $ 25,000.00 I $ 25,000.00 2. As -Built I 1 LS $ 12,500.00 $ 12,500.00 Total Schedule J $ 37,500.00 SUBTOTAL PERFORMANCE & PAYMENT BOND I 1 I LS $ 112,000.00 I $ 112,000.00 PROJECT TOTAL $11,703,338.00 Meadowbrook Golf Course Alternates Itemized Alternates Comoanv Name: Fort Worth, Texas August 21, 2023 Lexicon Inc., dba Heritage Links Description Quantity Unit Unit Cost Amount -ALTERNATE 1 BRIDGE REPLACEMENT - Holes 5, 8, 12, 13, & 18 1. Existing Bridges a. Remove and Dispose 5 EA $ 5,600.00 $ 28,000.00 2. New Cart Bridge (See detail on sheet 32) a. Bridges (50' x 10') 5 EA $ 376,500.00 $ 1,882,500.00 Total Add Alternate 1 $ 1,910,500.00 ALTERNATE 2 FENCE AND GATE �1. Install Fencing Behind 3 Green and 4Tee I 300 LF $ 62.00 $ 18,600.00 12. Install Gate 1 EA I $ 6,000.00 $ 6,000.00 (See fence and gate detail on sheet 32) Total Add Alternate 2 $ 24,600.00 ALTERNATE 3 SUBSTITUTION 419 BERMUDAGRASS SOD 1. TifTuf Bermudagrass Sod - Deduct 36 AC $ (29,620.80) $ (1,066,348.80) 2. 419 Bermudagrass Sod - Add 36 AC $ 28,314.00 $ 1,019,304.00 Difference Alternate 3 $ (47,044.80) ALTERNATE 4 SUtsa I i i u i ION 419 BERMUDAGRASS SPRIGS 11. TifTuf Bermudagrass Sprigs - Deduct 44 AC $ (3,320.00)1 $ (146,080.00) 12. 419 Bermudagrass Sprigs - Add I 44 I AC $ 3,250.00 $ 143,000.00 Difference Alternate 4 $ (3,080.00) ALTERNATE 5 UBSITUTION BUNKER LINKER 1. Better Billy Bunker -Deduct 36,000 SF $ (5.00) $ (180,000.00) 2. Capillary Concrete -Add 36,000 I SF I $ 6.50 $ 234,000.00 Difference Alternate 5 $ 54,000.00 ALTERNATE 6 tjUBSITUTION BUNKER LINKER 11. Better Billy Bunker - Deduct 36,000 SF $ (5.00) $ (180,000.00) 12. Flexxcape -Add I 36,000 I SF I $ 7.50 I $ 270,000.00 Difference Alternate 6 $ 90,000.00 ALTERNATE 7 RRIGATION LAKE EXPANSION 4. Lake Expansion - Hole 17 (+/-17,000 SF) a. Cut 3,000 CY $ 9.15 $ 27,450.00 b. Clay Liner (12" Compacted) 750 CY $ 9.00 $ 6,750.00 Total Add Alternate 7 $ 34,200.00 ALTERNATE 8 CREEK EXPANSION 1. Creek Expansion - Hole 13 (+/- 14,100 SF) a. Cut 2,100 CY $ 9.15 $ 19,215.00 b. Clay Liner (12" Compacted) 600 CY $ 9.00 $ 5,400.00 Total Add Alternate 8 $ 24,615.00 Meadowbrook Golf Course Colligan Golf Design Description Quantity Unit Unit Cost Amount ALTERNATE 9 POND AERIFICATION SYSTEM 11. Pond Aerification System - Holes 11 & 12 1. AquaMaster Air IV System 1 EA $ 15,000.00 $ 15,000.00 2. HP Mixer 2 EA NO BID 12. Pond Aerification System - Holes 15 & 16 1. AquaMaster Air II System 1 EA $ 11,000.00 $ 11,000.00 13. Pond Aerification System - Hole 17 1 1. AquaMaster Air IV System 1 EA $ 15,000.00 $ 15,000.00 2. HP Mixer 2 EA NO BID Total Deduct Alternate 9 $ 41,000.00 ALTERNATE 10 LANDSCAPING 11. Blonde Ambition Blue Grama - 1 Gallon 500 EA $ 45.00 $ 22,500.00 12. Gulf Muhly - 3 Gallon 250 EA $ 75.00 $ 18,750.00 13. Salvia Greggii "Deep Red" - 3 Gallon 200 EA $ 95.00 $ 19,000.00 14. Lindheimer Muhly-5 Gallon 150 EA $ 105.00 $ 15,750.00 I5. Karl Foerster Feather Reed Grass - 5 Gallon 100 EA $ 105.00 $ 10,500.00 6. 8" Wide Concrete Mow Strip 1,000 LF $ 26.00 $ 26,000.00 [TTotalAdd Alternate 10 $ 112,500.00 ALTERNATE 11 RBAN TIMBER I1. Significant Tree Removal and Disposal Method a. In Lieu of buring the tree trunks of the 52 EA $ 325.00 $ 16,900.00 significant trees, utilize a local mill to haul them away. (See note on sheet 6 for more detail) [Total Add Alternate 11 $ 16,900.00 ALTERNATE 12 IRRIGATION (Values should match the values on page 2 of the Irrigation Specifications) 11. Delete lowering of sprinkers to finish grade after turf is established. Deduct $ 100,000.00 12. Deduct for golf course to furnish all items listed in turnover section of irrigation specifications Deduct $ 42,000.00 13. Deduct for the Toro 2-wire control and sprinklers in in place of the Lynx radio satellite control system. Deduct $ 286,440.00 14. Delete sprinker yardage markers. Deduct $ 7,500.00 15. Delete the additional spare yellow on field controller -based systems, 24-volt control wire for quick couplers and mainline as specified: Deduct $ 15,250.00 16. Add the (3) water recirculation pumps, wetwells, intake pipe, control panels, 480 volt power from the pump station to the recirculation pump panels. Delete the additional spare yellow on field controller - based systems, 24-volt control wire for quick couplers and mainline as specified: Add for Pump system #1 $ 115,000.00 Add for Pump system #2 $ 115,000.00 Add for Pump system #3 $ 115,000.00 17. Add for the use of Toro "Infinity series" sprinklers in place of the "Flex series sprinklers" Add for field control system $ 35,000.00 Add for 2 wire system $ 35,000.00 8. Add for the use of the bunker MP rotator system I for 35 bunkers. I Add $ 175,000.00 Meadowbrook Golf Course Colligan Golf Design Irrigation Specifications for Revised August 1, 2023 Pagge I Having carefully examined the UNIFORM GENERAL CONDITIONS and SUPPLEMENTARY GENERAL CONDITIONS of the CONTRACT, the SPECIFICATIONS, DRAWINGS, and ANY ADDENDA to the drawings and specifications prepared by Larry Rodgers Design Group on this Project, as well as the site and all conditions affecting the work, the undersigned proposes to furnish and install all labor, materials, and equipment necessary to complete the entire work in accordance with the above documents for the following sums: Irrigation System: Part 1: For mobilization, field verification of existing conditions, warranty, field staking assistance, central programming assistance, creating final as -built documents, project superintendent and administrative services, the total sum of: One Hundred Fifty Thousand Dollars ($ 150,000.00 Part 2: For materials and supplies necessary to complete the project, the total sum of: Toro and allied One Million Four Hundred Thousand Dollars ($1,400,000.00 Part 3: For labor, equipment, trenching and installation of all irrigation components, sprinkler heads, field controllers, valves, central computer, piping, zone valves and related products, the total sum of: Two Million Four Hundred Two Thousand Six Hundred Fifty -Six Dollars ($ 2,402,656.00 ) Part 4: For labor, equipment and material for the construction for the intake system at the pump station, wetwell screening, intake pipe and intake screek construction. Electrical services from the meter to the pump controls are existing, and other related equipment and services include additional power for the Toro VP control system. the total sum of. One Hundred Ninty-Five Thousand Dollars ($195,000.00 ) Unitized total for all parts 1, 2, 3, and 4 Base Bid: ($ 4,147,656.00 Contractor's Name: Lexicon, Inc. d/b/a Heritage Links Dunn & Bradstreet's Paydex Rating: 79 Project Foreman: Alfredo Moreno Irrigation Specifications for Revised August 1, 2023 Page 2 Alternate #1: Delete lowering of sprinklers to finish grade after turf is established. Deduct $100,000.00 Alternate #2: Deduct for golf course to furnish all items listed in turnover section of specifications Deduct $ 42,000.00 Alternate #3: Deduct for the Toro 2-wire control and sprinklers in place of the Lynx radio satellite control system. Deduct $ 286,440.00 Alternate #4: Delete sprinklers yardage markers: Deduct $ 7,500.00 Alternate #5: Delete the additional spare yellow on field controller -based systems, 24-volt control wire for quick couplers and mainline as specified: Deduct $ 15,250.00 Alternate #6: Add the (3) water recirculation pumps, wetwells, intake pipe, control panels, 480 volt power from the pump station to the recirculation pump panels. Delete the additional spare yellow on field controller -based systems, 24-volt control wire for quick couplers and mainline as specified: Add for Pump system #1 $ 115,000.00 Add for Pump system #2 $ 115,000.00 Add for Pump system #3 $ 115,000.00 Alternate #7: Add for the use of the Toro "Infinity series" sprinklers in place of the "Flex series sprinklers": Add for field controller system $ 35,000.00 Add for 2 wire system system $ 35,000.00 Alternate #8: Add for the use of the bunker MP rotator system for 35 bunkers. Each bunker spray zone to include: (10) 6" pop-up spray type sprinklers with MP Rotator full circle nozzle on the high side of the bunker on Lasco swing joints or flexible HDPE swing pipe. It is estimated that there will be a need for 200' of 2" lateral piping for each bunker feature. Add $ 175,000.00 Note on Unit Pricing: The unit pricing schedule will be used only for deducting from or adding to the cost of the project. The unit price should not be used as determining the total cost of the project. All costs are installed costs, including the necessary fittings or other hardware, and shall include amounts for profit and overhead. For changes to the estimated quantities of work in the bid, the Bidder agrees that the unit prices bid can be used to compute dollar values for all changes of not more than 10%, plus or minus of the value of the irrigation system. The irrigation contract for the construction of the irrigation system and appurtenance to serve the Meadowbrook golf course is a lump sum contract. The lump sum total contract is the total lump sum of part 1, part 2, part 3 and part 4 as shown on page 1 of the irrigation bid proposal. Irrigation Specifications for Revised August 1, 2023 Page 3 The bid proposal includes lump sum bid prices of certain alternatives. Any such bid alternatives accepted by the owner will be added to or subtracted from the total lump sum Contract Price on page 1 of the bid proposal. Any qualifications or value engineering items will be submitted with a value for each item representing a line -item cost deduction of price increase. So long as there are no changes (additions or deletions) of any unit quantities as shown on pages 3 through 6 of the bid proposal, all construction as required by the plans and specifications and construction documents will be constructed by the contractor for the total lump sum price of this contract. Whereas Owner, Architect or Irrigation designer may make additions or deletions of any one or more of the unit quantities shown on pages 3 through 6 and the cost whether a reduction or an increase shall be determined by the unit price for such quantity added or deleted as noted on the final as -built plan. Please provide your quantity estimates if they differ from the listed ones to assist our evaluation of your bid proposal. 1) Furnish and install a 30 GPM, full circle, electric actuated Valve -in -head sprinkler on Lasco acme 1 1/4" swing joint. (Contract Quantity 925) Toro FLX34-348-2 $ 280.00 each (2-wire) Toro FLX34-348-6 $ 380.00 each Toro INF34-346-2 $ 308.00 each (2-wire) Toro INF34-346-6 $ 414.00 each 2) Furnish and install a 30 GPM, part circle, electric actuated Valve -in -head sprinkler on a Lasco acme 1 1/4" swing joint. (Contract Quantity 250) Toro FLX35-348-2 $ 298.00 each (2-wire) Toro FLX35-348-6 $ 398.00 each Toro INF35-346-2 $ 325.00 each (2-wire) Toro INF35-346-6 $ 432.00 each 3) Furnish and install a 30 GPM, part circle sprinkler with tail nozzle, electric actuated Valve -in -head control on a Lasco acme 1 1/4" swing joint. (Contract Quantity 225) Toro FLX35-34t8-2 $ 302.00 each (2-wire) Toro FLX35-34t8-6 $ 403.00 each Toro INF35-34t6-2 $ 330.00 each (2-wire) Toro INF35-34t6-6 $ 437.00 each 4) Furnish and install a Hunter I-20 sprinkler on a 3/4" swing joint. (Contract Quantity12) I-20-ADS-4.0 $ 78.00 each 5) Furnish and install 1" acme thread quick coupling valve on swing joint. (Contract Quantity 125) Toro 474-44 $175.00 each 6) Furnish and install 1 1/2" electric remote control/lake fill valve in valve box as detailed. (Contract estimate 10) Toro 220G-2x-06 $ 750.00 each 7) Furnish and install a drip/bunker valve assembly in valve box as detailed. (Alternate estimate 35) $1,500.00 each Irrigation Specifications for Revised August 1, 2023 Page 4 8) Furnish and install a bunker spray zone to include: (10) 6" pop-up spray type sprinklers with MP Rotator full circle nozzle on the high side of the bunker on Lasco swing joints or flexible HDPE swing pipe. It is estimated that there will be a need for 200' of 2" lateral piping for each bunker feature. (LRDG Bunker estimate 35) $ 3,500.00 each 9) Furnish and install a satellite field controller including proper surge/electrical protection for the 24 VAC wiring and 120 VAC wiring, mounted in plastic controller cabinet. (Contract Quantity 23) Toro Lynx, 64 Station $ 8,000.00 each 10) Furnish and install upgraded central computer(s) in the turfgrass care center office with all grounding, radio remotes (2), 64mb iPad with cellular modem (1), top of the line weather reporting station, interfaces, power/surge protection, related software installation, setup, training and interface connections: Toro Lynx Premium $ 59,000.00 each Wet wells are included in Alternate #6 11) Furnish and install 72" RCP x 12' deep round wet well structure, opening hatch and accessories for each water feature pump. (LRDG estimate 3 +1 overflow) $ 8,500.00 each 12) Furnish and install 18" HDPE, SDR 17 intake pipe and fittings. (Contract Quantity 180') $ 50.00 /lin ft 13) Furnish and install 8" HDPE, SDR 17 Water feature intake pipe and fittings. (Contract Quantity 3 x 100' each) $13.00 /lin ft 14) Furnish and install 10" HDPE, SDRI 1/161 PSI mainline pipe and fittings. (Contract Quantity 2,300') $ 20.00 /lin ft 15a) Furnish and install 8" HDPE, SDRI 1/161 PSI mainline pipe and fittings. (Contract Quantity 4,200') $13.00 /lin ft 15b) Furnish and install 8" HDPE, SDRI 1/161PSI stream bore pipe and fittings. (Contract Quantity 100') $125.00 /lin ft 16a) Furnish and install 6" HDPE, SDRI 1/161 PSI mainline pipe and fittings. (Contract Quantity 14,000') $ 8.00 /lin ft 16b) Furnish and install 6" HDPE, SDR11/161 PSI recirculation pipe and fittings. (Contract Quantity 5,400') $ 8.00 /lin ft 16c) Furnish and install 6" HDPE, SDRI 1/161 PSI stream bore pipe and fittings. (Contract Quantity 200') $120.00 /lin ft 17) Furnish and install 4" HDPE, SDR11/161 PSI mainline pipe and fittings. (Contract Quantity 3,500') $ 5.00 /lin ft HDPE pipe 4" and larger has been bid as IPS DR13.5 per Larry Rodgers. HDPE pipe 4" and larger has been bid as IPS DR13.5 per Larry Rodgers. Irrigation Specifications for Revised August 1, 2023 Page 5 17b) Furnish and install 4" HDPE, SDRI 1/161 PSI sleeving pipe and fittings. (Contract Quantity 180) $ 5.00 Ain ft 17c) Furnish and install 4" HDPE, SDR11/161 PSI stream bore pipe and fittings. (Contract Quantity 100) $115.00 Ain ft 18) Furnish and install 2" HDPE, SDRI 1 pipe and fittings. (Contract Quantity 88,500') $ 3.00 Ain ft 19) Furnish and install 10" gasketed/push-on/flanged isolation valve w/box and sleeve. (Contract Quantity 4) $ 3,000.00 each 20) Furnish and install 8" gasketed/push-on/flanged isolation valve w/box and sleeve. (Contract Quantity 4) $ 2,500.00 each 21) Furnish and install 6" gasketed/push-on/flanged isolation valve w/box and sleeve. (Contract Quantity 20) $ 2,000.00 each 22) Furnish and install 4" gasketed/push-on/flanged isolation valve w/box and sleeve. (Contract Quantity 2) $1,500.00 each 23) Furnish and install 2" Leemco angle isolation valve w/box, sleeve and cross handle. (Contract Quantity 80) $ 650.00 each 24) Furnish and install 2" Leemco LMV-11BB drain valve w/box, sleeve and cross handle. (Contract Quantity 15) $ 625.00 each 25) Furnish and install 2" Crispin air and vacuum relief valve. (Contract Quantity 12) $ 850.00 each 26) Furnish and install #6-3, 120 volt power wire in 2" conduit. (Contract estimate 10,000) $ 8.00 Ain ft 27) Furnish and install #8-3, 120 volt power wire in 1 1/2" conduit. (Contract estimate 8,000') $ 7.00 Ain ft 28) Furnish and install #10-3, 120 volt power wire in 1 1/4" conduit. (Contract estimate 2,500') $ 6.00 Ain ft 29) Furnish and install #12-1, 24 volt common wire w/connectors. (Contractor estimate ') $ 0.20 Ain ft 30) Furnish and install #14-1, 24 volt wire w/connectors. (Contractor estimate ') $ 0.15 /fin ft 31) Furnish and install Paige/Toro #12-2 GDC Decoder "Trunk" communication cable. (Contractor Quantity 25,000') $ 0.58 Am ft Irrigation Specifications for Revised August 1, 2023 Page 6 32) Furnish and install Paige/Toro #14-2 GDC Decoder "lateral" communication cable, "hot pink" color. (Contract Quantity 110,000') $ 0.43 /lin ft 33) Furnish and install Toro Surge arrestor & grounding plate communication cable Toro #DEC -SG - LINE. (Contract quantity every 50) $ 525.00 each 34) Furnish and install Paige 3 way switching device at ALL places (usually at change of directions) where the 2-wire cable is spliced into a 3-way connection (Contract Quantity 25) $150.00 each 35) Furnish and install Paige 2 way switching device at ALL places (usually lateral pipe connections) where the 2-wire cable is spliced into a 2- or 3-way connection (Contract Quantity 80) $ 115.00 each Material Cost Index: This project will be bid in Fall 2023 and construction will probably start irrigation February 2024, the major material costs may need to be listed for an increase or decrease from the contract amount. It is anticipated that the mobilization will start in mid -January 2023 and a price addition or reduction may be made when materials are ordered. The items for consideration are: 1) 10" HDPE $14.03 / linear foot contractors bid cost 2) 8" HDPE $ 8.96 / linear foot contractors bid cost 3) 6" HDPE $ 5.28 / linear foot contractors bid cost 4) 4" HDPE $ 2.66 / linear foot contractors bid cost 5) 2" HDPE $ 0.89 / linear foot contractors bid cost 6a) Paige #12-1, 24-volt wire $ 0.16 / linear foot contractors bid cost 6b) Paige #14-1, 24-volt wire $ 0.11 / linear foot contractors bid cost 7a) Paige #12-2 Comm wire $ 0.51 / linear foot contractors bid cost 7b) Paige #14-2 Comm wire $ 0.35 / linear foot contractors bid cost 8) Current price of copper $ 3.74 / pound 9) Current price of West TX crude oil $ 91.86 / barrel Equipment & Operator Rates: 1) Irrigation Superintendent $ 75.00 /Hour 2) Irrigation Foreman $ 45.00 /Hour 3) Electrical Technician $ 40.00 /Hour 4) General Laborer $ 30.00 /Hour 5) 65 H.P. Rubber Tire Back -Hoe & Operator $120.00 /Hour 6) 50 H.P. Tractor/Loader & Operator $100.00 /Hour 7) Pick -Up Truck $ 80.00 /Hour 8) 2 Ton Dump Truck $ 95.00 /Hour 9) 40 H.P. Trencher/Puller & Operator $120.00 /Hour 10) 75 H.P. Trencher/Puller & Operator $140.00 /Hour 11) John Deere #490 Excavator/Track-Hoe w/Operator $ 300.00 /Hour 12) John Deere #690 Excavator/Track-Hoe w/Operator $ 320.00 /Hour 13) Vermeer T-555/T-600 Track Trencher w/Operator $ 350.00 /Hour 14) Tesmec T-900 Track Trencher w/Operator $1,200.00 /Hour 15) Articulating Loader w/3 Yard Bucket & Operator $130.00 /Hour Irrigation Specifications for Revised August 1, 2023 Page 7 MATERIAL AND EQUIPMENT SUPPLIER LISTING The following information is submitted for each major supplier if material and each manufacturer and supplier of equipment for manufacturers and suppliers of major items of material, equipment and systems to be used in the work if the Bidder is awarded the contract. Specification & Material or Manufacturer a Section No. Equipment Description Supplier Various Sections Toro Material 2.01 HDPE Pipe 2.02 HDPE Fittings 2.03.A Mainline Gate Valves 2.03.B Lateral Isolations Valves 2.16 Swing Joints & Service Fittings Various Sections Allied Material 2.11 Wire SUPERINTENDENT/COMPANY RESUME Professional Turf Products Ewing Irrigation Ewing Irrigation Ewing Irrigation Ewing Irrigation Ewing Irrigation Ewing Irrigation Ewing Irrigation The following information is submitted for each site superintendent/foreman that will be used in the work if the Bidder is awarded the Agreement. Additional numbered pages may be attached to this page as required. Each page shall be headed "SUPERINTENDENT/FOREMAN RESUME" Superintendent date of hire with firm February 2014 Years of experience installing golf irrigation: 25+ Date of last HDPE Training & facilitor: Spring 2023 (McElroy, ISCO, CMF approved formal instruction programs) Date of last Paige electrical training: Spring 2023 Company Dunn & Bradstreet Paxdex rating: 79 (Past projects completed since January 2018) Reference 41: Date of Construction Completion: Project Name and Address: Contact phone/email: Contact total value: Irrigation Renovation description: PVC or HDPE: Course open for play: May 2023 Bentwater Yacht & Country Club 800 Bentwater Dr, Montgomery, TX 77356 Brian Buckner: (713) 851-0239 / bbuckner@bentwaterclub.com $3, 983, 200.00 Rain Bird IC System HDPE Yes Irrigation Specifications for Revised August 1, 2023 Reference #2: Date of Construction Completion: Project Name and Address: Contact phone/email: Contact total value: Irrigation Renovation description: PVC or HDPE: Course open for play: Reference #3: Date of Construction Completion: Project Name and Address: Contact phone/email: Contact total value: Irrigation Renovation description: PVC or HDPE: Course open for play: Reference #4: Date of Construction Completion: Project Name and Address: Contact phone/email: Contact total value: Irrigation Renovation description: PVC or HDPE: Course open for play: Reference 95: Date of Construction Completion: Project Name and Address: Contact phone/email: Contact total value: Irrigation Renovation description: PVC or HDPE: Course open for play: Page 8 2021 Turtle Run Golf Club 332 E Liberty Ln, Danville, IL 61832 Sean Doggett: (217) 213-1559 Hunter 2-Wire PVC Mainline / HDPE Laterals Yes 2022 Highland Pines 6700 Highland Pines Dr, Porter, TX 77365 Dennis Wilkerson: (281) 932-9997 Rain Bird IC System HDPE Yes 2019 Memorial Park Golf Course 1001 E Memorial Loop Dr, Houston, TX 77007 Don Mahaffey: (361) 920-1439 Toro LSM System PVC Mainline / HDPE Laterals No 2023 Lakeside Country Club 100 Wilcrest Dr, Houston, TX 77042 Dane Alexander: (756) 365-4539 Rain Bird IC System HDPE No CERTIFICATE OF DISCREPANCIES Project No: 104201 Date: 9/21/23 Project: Meadowbrook Golf Course Location: Fort Worth, TX To: This is to certify that Lexicon. Inc. d/b/a Heritaae Links (Firm Name) has reviewed their Contract Documents for the referenced project. We have become familiar with the needs and installation requirement for NA (Material to be supplied) and find the following discrepancies: 1) NA 2) 3) (Attach additional sheets if required) We recommend the following corrective actions: Note: 1) NA 2) 3) • Be specific as to location and type of discrepancies and recommend solutions. • Use "NA" if there are no discrepancies of which you are aware. • Applications for Payment will be withheld or modified for noncompliance with submittal of the Certificate of Discrepancies. Submitted by: Lexicon, Inc. d/b/a Heritaae Links 1 (Firm) Signed by: Jon P. O'Donnell (Typed Name) SUBSTITUTION REQUEST Date: 9/21 /23 Consultant's Project Number: 104202 PROJECT: Meadowbrook Golf Course TO: FROM: Contractor (Bidder) hereby requests acceptance of the following product or system as a substitution in accordance with provisions of Section 01600 of the Specifications: 1. SPECIFIED PRODUCT OR SYSTEM: Substitution request for: NA Specification Section No.: NA Article: 2. SUPPORTING DATA: Product data for proposed substitution is attached description of product, reference standards, performance and test data. Sample is attached. Sample will be sent, if requested. 3. QUALITY COMPARISON: Name, Brand NA Catalog No. Manufacturer Vendor Significant Variations (Add additional sheets, if necessary) Maintenance Service available: Yes No Spare Parts Source: Warranty: Yes No Years By Whom: NA 4. PREVIOUS INSTALLIONS Identification of similar projects on which proposed substitution was used. Project: NA Consultant: Address: Owner: Date Installed: 5. REASON FOR NOT GIVING PRIORITY TO SPECIFIED ITEMS NA 6. EFFECT OF SUBSTITUTION Does the proposed substitution affect other work: No Yes (If yes, explain) NA Substitution changes Contract Time: No Yes Add/Deduct Day Substitution request dimensional revisions or redesign of structure or MEP work: No Yes (If yes, attach data) Savings or credit to Owner $ Extra Cost to Owner $ 7. CONTRACTOR'S (BIDDER'S) STATEMENT OF CONFORMANCE OF PROPOSED SUBSTITUTION TO CONTRACT REQUIREMENTS I/we have investigated the proposed substitution. I/we: • believe that it is equal or superior in all respects to specified product, except as stated above; • will provide same warranty as specified for specified product; • have included complete cost data and implications of the substitution; • will pay redesign and special inspection costs caused by the use of this product; • will coordinate the incorporation of the proposed substitution in the work; • waive future claims for added cost to contract caused by the substitution. Contractor (Bidder): NA Date: By: Answer all questions and complete all blanks — use "NA" if not applicable. Unresponsive or incomplete requests will be rejected. CONSULTANT'S REVIEW AND ACTION Resubmit substitution request Provide more information in the following areas: Sign Contractor's (Bidder's) Statement of Conformance Substitution is accepted. Substitution is accepted, with the following comments: Substitution not accepted. Substitution request received too late. By: Date: END OF SECTION SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, Lexicon, Inc. d/b/a Heritage Links , known as "Bidder" herein and Travelers Casualty and Surety Company 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 "City' 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 Meadowbrook Golf Course Renovation City Project No_ 104201 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 Northern 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 13th day of September 2023_ ATTEST: 1,aL I 0,.Qh M Witness st6 Principal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30;2021 PRINCIPAL: Lexicon, Inc. d/b/a Heritagg Links BY: I In ure Name and Title C.�• ResourcesP_02 - Div 00-General Conditions-00 41 00 Bid Proposal Workbook xisx Address: 6707 Cypress Creek Parkway Houston, TX 77069 SURETY: Travelers Casualty and Surety Company BY: Signature William M. Smith, Attorney-in-Faci Name and Title Address: One Tower Square Hartford, CT 06183 Telephone Number: 205-252-9871 Attach Power of Attorney (Surety) for Attorney -in -Fact 00 43 13 BID BOND Page 2 of 2 *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 Revised 9/30/2021 ResourcesP_02 - Div 00-General Conditions_00 41 00 Bid Proposal Workbook.xlsx Travelers Casualty and Surety Company of America AdW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint WILLIAM M SMITH of BIRMINGHAM , Alabama , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April. 2021. �µuswar'c a,�tr"tiB ,�E y S Emit a s saarroac. S State of Connecticut City of Hartford ss. By: Robert L. Raney%nior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal_ My Commission expires the 30th day of June, 2026 aA,,ZP. Nowik, Notary Public S This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her: and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said CompanieF, which remains in full force and effect. Dated this 13th day of September , 2023 4^�C SA(AryyC� ,Jy,1tY AhD F q n m t i COW. t4lri. a I'ii.ATFcfl(i. crnrsnun f CGY �Y. Vf RN �S Kevin I-- AssiSecretary To verify the authenticity of this Power of Attorney, please call us at 1 -800-421 -3880. Please refer to the above -named Attorneys) -in -Fact and the details of the bond to which this Power ofAttorney is attached. 00 43 37 VENDOR 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 offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of 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. BIDDER: Lexicon, Inc. d/b/a Heritage Links By: Jon P. O'Donnell <�� -?' � ---�t (Signature) Title: Division President Date: 9/21 /23 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 ResourcesP_02 - Div 00-General Conditions-00 41 00 Bid Proposal Workbook.xlsx 0045 11 -1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalifled or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalifled for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalifled at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxDermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 104201 Revised August 13, 2021 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 104201 Revised August 13, 2021 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 104201 Revised August 13, 2021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 00 45 12 - 1 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Prequalification Contractor/Subcontractor Company Name Type Expiration Date Golf Course Renovation Lexicon, Inc. d/b/a Heritage Links Golf Course Irrigation Lexicon, Inc. d/b/a Heritage Links The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Lexicon. Inc. d/b/a HeritaQ_ e Links By: Jon P. O'Donnell Company (Ple.lse Print) 6707 Cvmess Creek Pkw_v Signature. Address Houston. TX 77069 Title: Division President City/State/Zip (Please Print) Date: 9/21/23 25 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 30, 2021 Meadowbrook Go y'Course Renovation Project No. 103113 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 103213. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Lexicon. Inc_ d/b/a Heritage Links Company 6707 Cvpress Creek Pkwv Address Houston. TX 77069 City/State/Zip THE STATE OF TEXAS § COUNTY OF �T Harris § By: Jon P. O'Donnell (Please Print) Signature: Title: Division President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Jon P. O'Donnell . known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Lexicon_ Inc_ dZb/a Heritage Links for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of September 2023 Notaf'ublic in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 SEAN PAYTON MY COMMISSION EXPIRES 01 /30/2027 NOTARY ID: 130086903 Meadowbrook Golf Course Renovation Project No. 103213 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 6 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 7 (M/WBEs). 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 11 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 12 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 13 2020 (codified at: httDs:Hcodelibrarv.amle2_ al.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to 14 this bid. 15 16 BUSINESS EOUITY PROJECT GOAL 17 The City's Business Equity goal on this project is 6% of the total bid value of the contract (Base bid 18 applies to Parks and Community Services). 19 20 METHODS TO COMPLY WITH THE GOAL 21 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 22 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 23 ordinance through one of the following methods: 1. Commercially useful services performed by a 24 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 25 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 26 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 27 Prime contractor Waiver documentation. 28 29 SUBMITTAL OF REOUIRED DOCUMENTATION 30 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 31 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 32 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 33 business day after the bid opening date, exclusive of the bid opening date. 34 35 The Offeror must submit one or more of the following documents: 36 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 37 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 38 participation is less than stated goal, or no Business Equity participation is accomplished; 39 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 40 all subcontracting/supplier opportunities; or 41 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 42 Protege participation. 43 44 These forms can be found at: 45 Business Equity Utilization Form and Letter of Intent 46 https://apes.fortworthtexas.2ov/Pro_jectResources/ResourcesP/60 - MW E/Business Equity Utilization 47 Form DVIN 2022 220324.ndf 48 49 Letter of Intent CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 httDs:Hanus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.Ddf 3 4 Business Equity Good Faith Effort Form 5 httDs:Happs.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.udf 8 Business Equity Prime Contractor Waiver Form 9 httr)s:Happs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.1)df 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Business Equity Joint Venture Form httDs:HaDus.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.ndf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on November 14, 2023, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Heritage Links, a Division of Lexicon, Inc. , authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Meadowbrook Golf Course Renovation Project No. 104201 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Eleven million three hundred fifty eight thousand three hundred and 98 Dollars ($11,358,398.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 260 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised 8/22/2022 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 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 svecifically intended to overate 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 anv act, omission or negligence of the citv. 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. CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS OFFICIAL RECORD Renovation Project No. 104201 Revised 8/22/2022 CITY SECRETARY FT. WORTH, TX 005243-3 Agreement Page 3 of 6 6.2 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 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 anv act. omission or negligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS OFFICIAL RECORD Renovation Project No. 104201 Revised 8/22/2022 CITY SECRETARY FT. WORTH, TX 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised 8/22/2022 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Meadowbrook Golf Course STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Renovation Project No. 104201 Revised 8/22/2022 aos243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: BVnature }} S S Doug Wright (Printed Name) VP Strategic Planning Title 6707 Cypress Creek Parkway Address Houston, TX 77069 City/State/Zip City of Fort Worth By: C>� Jesica McEachern Assistant City Manager Jan 12, 2024 4 �n annq Date p�� FORT�o9dd ado e-1d �Attest: V do* "oo darn nEoo54po Jannette Goodall, City Secretary (Seal) 12/21/2023 M&C: 23-0988 Date Date: November 14, 2023 Form 1295 No.: 2023-1088372 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. s�ttP� Scott Penn Sr. Capital Projects Officer Approved as to Form and Legality: ( , Jeremy Anato-Mensah Assistant City Attorney CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22/2022 APPROVAL RECOMMENDED: Richard Zavala, Director, Park & Recreation Department Meadowbrook Golf Course Renovation Project No. 103213 KC OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Bond No. 107951434 006113-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: G COUNTY OF TARRANT § 7 8 That we, Lexicon, Inc. d/b/a Heritage Links , known as 9 "Principal" herein and Travelers Casualtv and Suretv Company , a corporate 10 surety(suretics, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 13 Sum of, Eleven Million Three Hundred Fifty Eight Thousand Three Hundred Ninety Eight and 00/100 Dollars' 14 ($ 11,358,398.00 ), Iawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the 14th day of November , 20 23, which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 21 labor and other accessories defined by law, in the prosecution of the Work, including any Change 22 Orders, as provided for in said Contract designated as Merldowbrook Golf Course Renovolion, 23 Project No. 103213. 24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City, then this obligation shall be 29 and become null and void, otherwise to remain in full force and effect. 30 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. CITY OF FORT WORTH Afeadoiebrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 103213 Revised July 1, 2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, 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 on this the 21 st day of 6 December , 20 23 7 PRINCIPAL: g Lexicon, Inc. dlbla Heritage Links 9 10 II B BY: 12 S' a Fe 13 ATTEST:14 I 15 {� 16 (principal cretary Name and Title / 17 d ? ,)A ce A,4�" 18 Address: 19 tLt1 �� ZZrQ 2 21 22 W ness as to Principal 23 SURETY: 24 Travelers Casualty and Surety Company 25 26 27 BY: 28 Signature 29 30 William M. Smith, Attorney -in- act 31 Name and Title 32 33 Address: 2000 International Park Drive 34 Suite 600 35 /. n ! Birmingham, At_ 35243 36 37 Witness to Surety Elizabeth Perri Telephone Number: (205) 252-9871 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its trailing 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 FORT WORTH kleudowbrookGot(Course Relroiation STANDARD CONSTRUCTION SPECIFICKFION DOCUMENTS Project No. 103213 Revised July I, 2011 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS,] St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint WILLIAM M SMITH of BIRMINGHAM , Alabama , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021, .7 11W�LAFry�� yVP`{V A/Yf,04 OW07 , Y �TfOMI IWITFORO_ Wr yyy fAllit. , (.jtG::.[!i '. COtIlI. r State of Connecticut City of Hartford ss. By: 'ii &eenjorVice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal My Commission expires the 30th day of June, 2026 P t •4S ({ fIo TARY {k a}n /�lJ� P0P `Ir r iiwNiVE 1 `Anna P. Nowik, Notary Public YF7�l This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 21st day of December , 2023 •,1:, lY dh 0M11 fOro a Kevin E. Hughes, Assi�t Secretary To verify the authenticity of this Power ofAttorney, please Callas at 1-800-421-3880. Please refer to the above -named Attorneys% -in -Fact and the details of the bond to which this Power ofAttomey is attached. Bond No. 107951434 1 2 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 0061 14 - 1 PAYMENT BOND Page I of 2 SECTION 00 6114 PAYMENT BOND § KNOW ALL BY THESE PRESENTS: 8 That we, Lexicon_ Inc_ d/b/a Heritage Links known as 9 "Principal' herein, and Travelers Casualtv and Suretv Comnanv a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 13 in the pedal sure Etevea Million Three Hundred Fifty Eight Thousand Three Hundred Ninety Eight and 001100 Dollars 14 ($ 11,358,398.00 ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for the payment of which stun well and truly be made, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 14th day of November , 2023 , which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as Meadowbl•ook Golf Cowse Renovation, Project No. 103213. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH hfeadowbrook Golf Cmu se Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project rvo. 103213 Revised July 1, 2011 0061 14 - 2 PAYMENTOOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 21 st day of 3 December 20 23 4 PRINCIPAL: Lexicon, Inc. dlbla Heritage Links /J ATTEST: BY: Signa (Prinei ) Secretary Name and Title Address: 65 ex) Ne- (4#4v gmf Lk,. AfS 77-7- 6 Witness as to Principal SURETY: Travelers Casualty and Surety Company ATTEST: BY: Vw )A Signature ja_t�"Xtry"& William M. Smith, Attorney -in -Fact (Surety) Secretary Name and Title Address: 2000 International Park Drive Suite 600 Birmingham, AL 35243 Witness as to Surety Elizabeth Perri Telephone Number: (205) 252-9871 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 103213 Revised Jody I, 2011 Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS.] St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint WILLIAM M SMITH of BIRMINGHAM , Alabama , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditionat undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 21st day of April, 2021. �E1iiy. ��9frp`gg ,ytSY ANp� �lfJ>t iy (KA019MOOiIN. is COHI�. o SUi J State of Connecticut City of Hartford ss. By. rRobert L. Ran-e 2�'or Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2026 lta rpRr ruattr, � e, An. P. Nawik, Notary Public ;Q.xvt• n�� This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In -Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in - Fact for purposes oniy of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 21st day of December , 2023 lSIBTFORO,� v MiAF�7far�D, + �+ ivIG JJ.tI coal. r cau+ o suc "�, 6 Kevin E. Hughes, Assmtant Secretary To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above -named A ttorney(s)-in-Fact and the details of the bond to which this Power of tto►ney is attached. Boyd No. 107951434 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 0061 19 - 1 MAINTENANCE BOND Page I of 3 SECTION 00 6119 MAINTENANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we Lexicon. Inc. d/bla Heritan Links , known as "Principal" herein and Travelers Casualtv and Surety Cotnpanv a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and finely bound unto the City of Fort Woilh, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Eleven Million Three Hundred Fifty Eight Thousand Time Hundred Ninety Eight and 001100 Dollars ($ 11,358,398.00 ), lawful honey of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 14th day of November , 20 23 , which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as Meadowbrook Golf Coarse 25 Renovation, Project No. 103213; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 a$er the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in pall 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH hleadowbrook Golf Coarse Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 103213 Revised July 1, 2011 I 2 3 4 5 6 7 8 9 1p ll 12 13 14 IS 16 17 18 19 20 06119-2 MAINTCNAN(T'. BOND Cage, 2 00 NOW THEREFORE, the cosidilion of this obligation is Such Ilaat it Prilicipal shall remedy nny defective Work, Iboi' which timely notice was provided by City, la a completion satisfactory to the City, then Ellis obligation shall become null and void; otherwise to rculaila ill full force, and effect. PROVIDED, HOWINFR, if Principal shall fail so to repair or reconstmet any timely noticed defective; Work, it is agreed that the City may cause any and till such detective Work to be repaired in dior mconStmeled With all assoclatcd costs thercol being; bonic by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, Ventre sllall lie ill Tarrant County, Texas or Elie United States District Court for Iltc Northern District of Texas, Dort Worth Division; ;and PROVIDED F[IItTHE,R, that this obligation shall be continuous ill Mature and suceessive recovericn may be had hercoll for successive breaclleti. CITY OF FORT WORTH STANDARD CONSTRUCTION SIT-C'IFIC•ATION DOC UNIF.N'rS Rcrise,dJuly I.2UII iAvrrGra htv,rd Gu!_jC oluxe Itr+rui¢rNu+e Project Ma 10.1213 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 Ib 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 0061 19.3 MAINTI:NANCI: BOND Pagc J era IN WITNESS WHLRECIF, file Principal and Iltc Surety have cacti SIONED and SEALEM this instrument by duly authorized agents and officers on this the 2I51 day of December , 20 23 PRINCIPAL I.laks G nil Iry I A'1'-f f� a, — — �� -- �-�e4 (Principal) Secretary Nalnc and'1'itic Adtlwss: 6707 Cress Crock Parkway I lnutlon. TX 77069 _ V� it,, is to Principal-- .� - SURETY: •I'ruvolcrs C'asuulty and Slu•cty C'on)pan5' BY: _ - - signature William M. Smith. Allorncy-in-Fact � r ATTEST: Mine and Title OAM& Address: 20001ntcramtiomil Park Eric (Sul-cly) Secretary _ St l-k-OD _ llirn) i1tgl)att)r�L�f7.�i_-- uJcss ns Io Surety 'Telephone Number; 205-252-9871 *Note: II'Signed by till officer of the Surety Company, there must be on file tl eCAMW CXITIet from the by-laws Shoving that this pers0ll 1111% alttllority to Sigel such obligation. Ir Surety% physkt al addl-m is dlflcrent from IIS mailing address, both must be provided. 'Tile date of the bond shall nut be prior to flee date the Contract is awed' M. CITY (11, FORT W010I I RI'ANI)Altf)CONS-I'It[J('TION SPi:C'IFIC'ATION I)O('IlhliFNTS Revised July I. 24111 VP(50� 1lrur1inrlrrr+uA Ch+!! ewurw Rwrrrratim? Project No. 103213 Travelers Casualty and Surety Company of America AOW Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company ---------- — - POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surely Company of America, Travelers Casually and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (hornln collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint WILLIAM M SMITH of BIRMINGHAM , Alabama , Ihelr true and lawful Attomey(s)-In-Fact to sign, oxoruto, seal and acknowledge any and all bonds, rocognizences, conditional underlakings and other writings obligatory In the nature thorool on behalf of the Companies In their business of guaranteeing the fidelity of parsons, guarantooing Iho purformanee of contracts and exewling or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this Instrument to be signed, and their corporate seals to be hareto affixed, this 21st day of April, 2021. r D 7 rwruom, State of Connecticut By: ' City of Hartford ss. o oft L. Ftano , enlvr Vice President On this the 21at day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, oxeculed the foregoing Instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer, IN WITNESS WHEREOF, I hereunto set my hand and official soul. My Commisslon expires the 30th day of June, 2026 4 04 Anna P. Nowt ,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Olreclors of each of the Companies, which resolutions are now In full force and effect, reading as follows; RESOLVED, that the Chairman, the President, any Moo Chairman, any Executive Vice President, any Sonlor Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -In. Fact and Agents to act far and on behalf of the Company and may give such appolntee such authority as his or her certlficale of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognlzances, contracts of Indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of ❑Irectore at any time may remove any such appointee and revoke the power given him or her; and it Is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice Prosldoni, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees or this Company, provided that each such delegation Is In wilting and a copy thereof Is filed in the office of the Secretary; and 11 Is FURTHER RESOLVED, that any bond, recognizance, contract of indemnlly, or wriling obligatory In the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice Pfealdont, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secrelary at Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Atiomeys-In•Facl and Agonls pursuant to the power proscribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of outhorily; and It is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executiva Vice Prasldant, any Senior Vice President, any Vice President, any Assislant Vice President, any Secretary, any Assistant Secrelary, and [lie seal of the Company may he affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Pfasldenls, Resident Assistant Secretaries or Atlomeysdn. Fact for purposes only of executing and altosting bonds end undertakings and other writings obligatory In the nature thereof, and any such Power of Attorney or certificate boaring such facslmllo signature or facsimlle seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facslmllo seat shall be valid and binding on the Company in the future with respect to any bond or understanding to which It h attached. 1, Kevin E. Hughes, the undersigned, Assistant Secretary of oaGr of the Companies, do hereby certify that the above and foregoing Is a true and correct copy of the Powor of Atlornoy executed by sold Companies, which remains In full force and effect. Dated this 21e1 defy of December , 2023 Kevin E. Hughes, Ass taut Socrotnry To Verily the euthent/c/ty of this Power ofAttomey, please call us et l-B00.4?1-3880. Pleeso caller to the above-irenred Attomay(s)-In-Fact erred the detal/s of tho bond to which this Power ofAttarnoy /s stfached, STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8131 I � ��7�� ^�� ~��^�� '��`�� ~�� CONSTRUCTION CONTRACT TABLE OF CONTENTS Povu Article l—Defmitionmand Terminology —.'.—.—..'.—'—'—'—'—.—..'.—'---.—'—.—..'.—..—'—'—'—| 1.01 DeffiedTerms ............................................................................................................................... | 1.02 Terminology ----.--------'—.--------'—.—.-------'-------b Article2 — Preliminary Matters ......................................................................................................................... 7 2.01 Copies nfDocuments .................................................................................................................... 7 2.02 Commencement nfContract Tbzue']�nt�otwl»rnc�o� 7 , ---------------------� 2,03 Starting the Work .......................................................................................................................... 0 2.04 Before Starting Construction ........................................................................................................ 8 2.05 Preconstruction Conference .......................................................................................................... 0 2.06 Public Meeting --.---------'--------'--------'—'--'--0 Article 3—Contract Documents: Intent, Amending, Reuse ............................................................................ 0 3.01 Intent .............................................................................................................................................. 0 3.02 Reference Standards ...................................................................................................................... A 3.03 Reporting and Resolving -----'—.—.—'--'--'—.—.—'--'--'—..0 I04 Amending and Supplementing Contract Documents ................................................................. lU 3.05 Reuse ofDocuments ................................................................................................................... IO 3.08 Electronic Data ............................................................................................................................ ll Article 4— Availability ofLands; Subsurface and Physical Conditions; Hazardous Conditions; Reference Points ........................................................................................................... D 4.01 Availability of Lands .................................................................................................................. D 4.02 Subsurface and Physical Conditions ------------------------------l2 4.03 Differing Subsurface or Physical Conditions -------------------------..l2 4.04 Underground Focddjeo -------------------------------------l3 4`05 Reference Points ......................................................................................................................... l4 Article 5—Bonds and Insurance ..................................................................................................................... |6 5.01 Licensed SurcdeaaudIoanzero---------------------------------\h 5.02 Performance, Payment, and Maintenance Bonds ....................................................................... |6 5.03 Certificates nfInsurance ............................................................................................................. l6 5.04 Contractor's Insurance ................................................................................................................ l8 5.05 Acceptance VfBonds and Insurance; Option to 19 Article 6—Contractor's Responsibilities ----------------------------------..lQ 0i01 Supervision and Superintendence -----'--'--'----'--'--'--'--'--'--lg CITY nrFORT WORTH STANDARD CONSTRUCTION mscIF/cxr/ox oncnMsNrm 6i02Labor Hours ................................................................................................................ 2U 6.03 Services, Materials, and Equipment ------------.--------------'-2O 6iO4Project Schedule .......................................................................................................................... 2l 605 Substitutes and ------------------------------.---..2l 0.00 Concerning Subcontractors, Suppliers,and Others .................................................................... 24 6.07 Wage Rates .................................................................................................................................. 25 6`00 Patent Fees and Royalties........................................................................................................... 26 tiUAPermits and Utilities .................................................................................................................... 27 6`10 Laws and Regulations ------'--'—'—.—.--------'--'--'--'—'--'-27 6.11 Taxes ........................................................................................................................................... 2@ 6i12 Use ofSite and Other Areas ....................................................................................................... 20 6i13Record Documents ...................................................................................................................... 29 6.14 Safety and Protection .................................................................................................................. 2Q 615 Safety Representative ---.—.-----------------------------'--30 616 Hazard Communication Programs ............................................................................................. 30 6.17 Emergenciesand/or Rectification -------------------------------.3U 6.18 Submittals .................................................................................................................................... 3l 6`19 Continuing the Work ................................................................................................................... 32 6i20 Contractor's General Warranty and Guarantee -----------------------.-32 6i21 Indemnification --.—'--'----'--'--'---------.---------.—.33 6`22 Delegation ofProfessional Design Services .............................................................................. 34 6.23 Right toAudit. ----.----.—'--'-----.---.----'--------.—.-34 6i24-------.—.—'--'-----'—'----------------35 Article 7—Other Work atthe Site ................................................................................................................... 35 7'01 Related Work atSite ................................................................................................................... 35 Article 8—Citn`u Responsibilities --------'----.----'----'---------'—'30 0.01 Communications tnContractor ................................................................................................... 36 8.02 Furnish Data ................................................................................................................................ 36 8iO3Pay When Due ............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests ................................................................................... 36 0.05 Change Orders ............................................................................................................................. 36 &Od Inspections,Tests, and Approvals --.---'--'--'----'--'--'----'—'-3h 8.07 Limitations ooCitv,aResponsibilities -----------------------------37 8.00 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.09 Compliancewith Safety Program -------'--'---------'--'—.—.—'--37 Article A—Cif»`mObservation Status During Construction ........................................................ .................. 37 9.01 City`m Project Manager .....----.----.—.—.------.—.—.------.---'37 9.02 Visits toSite ................................................................................................................................ 37 9.03 Authorized Variations iuWork .................................................................................................. 30 9.04 Rejecting Defective Work .......................................................................................................... 30 9.05 Determinations for Work Performed .......................................................................................... ]0 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY nrFORT WORTH STANDARD CONSTRUCTION mscIF/cxr/ox oncnMsNro Actic}clA— Changesiuthe Work; Claims; Extra Work ................................................................................ 38 10.01Au1horized Changesiuthe Work ............................................................................................... 38 10i02 Unauthorized Changesiuthe Work ........................................................................................... 39 |0.03Execution of Change ()rdcra----------------------------------. 30 |(l04Extra Work .................................................................................................................................. 34 \0.A5Notification tnSurety .................................................................................................................. 3q Article \l—Cost ofthe \�»�'��y'�u��c��\�m��u ��ay��o�uL 41 ��--� , ��-'-, _---^__--' ------- |[U|CootofthcWork-----.—.--------.—.--------.—.--------.--4| |[U2Allowances .................................................................................................................................. 43 )[03Unit Price Work .......................................................................................................................... 44 11.04Plaua Quantity Measurement ------------.—.—.----.--.---------.45 Article l2— Change ofContract Price; Change ofContract Time ................................................................. 4h 12.01 Change ofContract Price ............................................................................................................ 46 12.02 Change ofContract Time ............................................................................................................ 47 12.03 Delays ------------.--------.—.--------.—.----.—.—.---47 Article l3—Tests and Inspections; Correction, Removal ocAcceptance ofDefective Work ...................... 48 l3.0lNotice ofDefects ........................................................................................................................ 40 l3.0ZAccess toWork ........................................................................................................................... 48 |3.03Tests and Inspections -----------'---------'--------'----''48 13.04Uuo Wodc--------'--'------'--'------'--------.4g 13.05 City May Stop the Work ............................................................................................................. 44 l3.O6Correction ozRemoval ofDefective Work ................................................................................ 5O l3.O7Correction Period ........................................................................................................................ 5O |3.U8Acceptance ofDefective Work ................................................................................................... 5| Article l4—Payments tnContractor and Completion ----------------------------52 \4.A|Schedule nfValues ...................................................................................................................... 52 14.02 ProgressP---'-----'-------'---'-----'------'—.52 14.03Contrao1or^o Warranty ofTitle ................................................................................................... 54 |4.84Partial Utilization ........................................................................................................................ 55 )4.05Final Inspection ........................................................................................................................... 55 |4.A6Final Acceptance ---------------------.----.-----------.55 14.07Fival P-------'-------'--'------'--'--------''5h 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 Article |5— Suspension nfWork and Termination ........................................................................................ 57 15.0| City May Suspend Work .--------.—.-----------.------.—.—'--57 l5.O2 City May Terminate for Cause ................................................................................................... 58 15.03Chy May Terminate For Convenience ....................................................................................... 00 Article |6— Dispute Rcmoluti,n---------------------------------------. 61 CITY OF FORT WORTH STANDARD CONSTRUCTION msc|p|cAnom DOCUMENTS Article17 — Miscellaneous.............................................................................................................................. 62 17.01 Giving Notice.............................................................................................................................. 62 17.02 Computation of Times................................................................................................................ 62 17.03 Cumulative Remedies................................................................................................................. 62 17.04 Survival of Obligations............................................................................................................... 63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8131 I 007200-1 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. CalendarDay — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z31 I 007200-1 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 parry 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z31 I 007200-1 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. Substantial Completion — The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69 UnitPrice Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day —A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23%2021 007200-1 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z31 I 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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. Ifthere is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground 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; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 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 i£ 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 orindicated.- 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by 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 byContractororbyanyoneforwhomContractor isresponsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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, andMaintenance 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z31 I 007200-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 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 limes of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23% I 007200-1 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23% I 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto', defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days afterreceipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 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 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23%2021 007200-1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. 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 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23%2021 007200-1 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 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 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 betweenwages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23%2021 007200-1 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 agreementbefore the 15th day afterthe 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 1 lth 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 resultingfrom CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 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 6.09.13. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtainedpermits 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall 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. httvJ/www.window.state.tx.us/taxinfo/taxforms/93-forms.lit" 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 fmish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23%2021 007200-1 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 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 maybe 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 GENERAL CONDITION S 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 5.02.13. 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. IIIS INDEMNIFICATION PROVISION TS SPF,CIFICAL.LY INTENDED TO OPERATE AND BE FFFFFCTIVF_f,_UN 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 harmle s s, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23/2021 007200-1 GENERAL CONDITIONS Page 34 of 63 \ IM I'] \ 101 BEIM M LIM Mill ■ 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 carryout Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 — OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/2021 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Man ager 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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 ContractDocuments 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 referredwill be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23% I 007200-1 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: changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Clain, 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 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 11.0l.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 11.0l.B, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23% I 007200-1 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. £ The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23%2021 007200-1 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 11.0l.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 11.0l.A and 11.0l.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: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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 UnitPrice 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either parry 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 correctan error, or to correctanerror on the plans, the plans quantity will be increasedor decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z31 I 007200-1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.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 reachedunder Paragraph 12.0l.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, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shallbe 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 11.0l.A.4 and 11.0l.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 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.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 11.0l.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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23% I 007200-1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction orRemoval 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 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z31 I 007200-1 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z31 I 007200-1 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 described in subsection C. unless otherwise stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor; or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as maybe necessary to protect City from loss because: a. the Work is defective or completed Work has been damaged by the Contractor or subcontractors requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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 assessed against the monies due the Contractor, not as a penalty, but as 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 P aragraphs 14.02.B.4. a through 14.02.B.4. e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 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 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 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 Finallnspection A. Upon written notice from Contractor that the entire Work is Substantially 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 ("Punch List Items"). 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 to the City of Substantial Completion and the date of Final Inspection. 1. 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. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 FinalAcceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilit ie s under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23% I 007200-1 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 #20020-12-201lestablished under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23% I 007200-1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 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 exceedsuch 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. 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 15.02.13, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effectedby mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z31 I 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not 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 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.13 shall become fmal and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other parry 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 i£ 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23%2021 007200-1 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/Z3/ I 00 73 00 SUPPLEMENTARY CONDITIONS SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 5 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 May 31, 2023. Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER 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" CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 103213 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 5 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of May 31, 2023. EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER 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 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: Colligan Golf Design (3) Other: Larry Rodgers Design 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 SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.0413. 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 CITY OF FORT WORTH Meadowhrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 103213 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 5 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-6.04., "Project Schedule" Project schedule shall be tier <1, 2, 3, 4, or 5> 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 prevailing wage rate table is available in the Appendix. A copy of the table is also available by accessing the City's website at: httvs://apes.fortworthtexas.2ov/ProiectResources/ 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. NOI 2. Building Permit, Grading Permit, Tree Removal Permit SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: NONE CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 103213 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 5 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 May 31, 2023. Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION NONE 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 subcontactor 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 famish 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 b. cancellation, termination or suspension of the Contract, in whole or in part. CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 103213 Revised March 9, 2020 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 5 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 I Scope of Work I Coordination Authority SC-8.01, "Communications to Contractor" SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is None. SC-13.03C., "Tests and Inspections" NONE SC-16.01C.1, "Methods and Procedures" NONE END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., "City's Project Representative" wording changed to City's Project Manager. 3/9/2020 D.V. Magaha SC-6.07, Updated the link such that files can be accessed via the City's website. CITY OF FORT WORTH Meadowbrook Golf Course Renovation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No. 103213 Revised March 9, 2020 Signature: Signature: K�a� Email: joel.mcelhany@fortworthtexas.gov Email: Katherine.Cenicola@fortworthtexas.gov Signature:5. Email: allison.tidwell@fortworthtexas.gov