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Contract 60884
ORTWORTHCH. CONTRACT FOR THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B Mattie Parker Mayor City Project No. 103359 David Cooke City Manager Chris Harder Director, Water Department Prepared for The City of Fort Worth WATER DEPARTMENT 2023 PREPARED BY BINKLEY & BARFIELD I DCCM OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ANTONIO S. ROMO 11 ............................... 85571 4 7/27/2023 ,f---' Rev.9/5/23 FORT WORTH City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATIONDOCUN ENTS Page 1 of 4 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 Prequalifications 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 2500 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 3120 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 3233 Preconstruction Video 07/01/2011 01 3300 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 4523 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 01 57 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 6600 Product Storage and Handling Requirements 07/01/2011 01 7000 Mobilization and Remobilization 11/22/2016 01 7123 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 7839 Project Record Documents 07/01/2011 CITY OF FORT WORTH \VATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMFNT CONTRACT 2020 \VSM43 Revised December9, 2022 City Project No. 103359 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUN,IBNTS Page 2 or 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 02 - Existing Conditions Modified None I I I Division 03 - Concrete None I I I Division 26 - Electrical None I I I Division 31 - Earthwork None I I I Division 32 - Exterior Improvements None I I I Division 33 - Utilities None I I I Division 34 - Transportation None I I Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: littD://I'ortwortlitexas.Lov/tDw/contractors/ Division 02 - Existing Conditions 0241 15 I Paving Removal Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair Division 26 - Electrical None I Division 31 - Earthwork None I Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 3201 29 Concrete Paving Repair CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 9, 2022 Last Revised 02/02/2016 03/11/2022 12/20/2012 12/20/2012 12/20/2012 12/20/2012 12/20/2012 WATER AND SANITARY SEVER REPLACMENT CONTRACT 2020 WSM-13 City Project No. 103359 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 32 11 23 Flexible Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 06/10/2022 32 12 16 Asphalt Paving 12/20/2012 32 13 13 Concrete Paving 06/10/2022 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 16 13 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 1723 Pavement Markings 06/10/2022 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 3292 13 Sodding 05/13/2021 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 3301 30 Sewer and Manhole Testing 09/07/2018 3301 31 Closed Circuit Television (CCTV) Inspection — Sanitary Sewer 03/11/2022 3301 32 I Closed Circuit Television (CCTV) Inspection — Storm Drain 03/11/2022 3303 10 I Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 30 I Temporary Water Services 07/01/2011 33 04 40 I Cleaning and Acceptance Testing of Water Mains 02/06/2013 3305 10 I Utility Trench Excavation, Embedment, and Backfill 04/02/2021 3305 12 I Water Line Lowering 12/20/2012 3305 13 I Frame, Cover and Grade Rings 09/09/2022 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade 3305 17 ( Concrete Collars 03/11/2022 33 05 20 I Auger Boring 12/20/2012 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 I Location of Existing Utilities 12/20/2012 33 1105 I Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 I Ductile Iron Pipe 12/09/2022 33 11 11 I Ductile Iron Fittings 09/20/2017 33 11 12 I Polyvinyl Chloride (PVC) Pressure Pipe 09/09/2022 33 1210 j Water Services 1-inch to 2-inch 02/14/2017 33 1220 I Resilient Seated Gate Valve 05/06/2015 33 1225 I Connection to Existing Water Mains 02/06/2013 33 1230 I 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 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 3331 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 3331 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 3339 10 Cast -in -Place Concrete Manholes 12/20/2012 33 3920 Precast Concrete Manholes 12/20/2012 33 3940 Wastewater Access Chamber (WAC) 12/20/2012 33 3960 Liners for Sanitary Sewer Structures 04/29/2021 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACNIENT CONTRACT 2020 WSM-13 Revised December 9, 2022 City Project No. 103359 1334920 1 Curb and Drop Inlets Division 34 - Transportation None 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 4 03/11/2022 Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates END OF SECTION CITY OF FORT WORTH WATER AND SANITARY SEVER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACNIENT CONTRACT 2020 WSM-B Revised December9, 2022 City Project No. 103359 12/5/23, 10:51 AM M&C - Council Agenda City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, November 28, 2023 LOG NAME: 602020WSMB-GRATEX SUBJECT: REFERENCE NO.: **M&C 23-1008 (CD 5 and CD 11) Authorize Execution of a Contract with Gra-Tex Utilities, Inc., in the Amount of $5,916,688.00, for Water and Sanitary Sewer Replacement, Contract 2020 WSM-B Project, Amend Transportation & Public Works Department's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program and Adopt Appropriation Ordinances to Effect a Portion of Water's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with Gra-Tex Utilities, Inc., in the amount of $5,916,688.00 for Water and Sanitary Sewer Replacement, Contract 2020 WSM-B project; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $5,113,456.00, transferred from available funds within the Water and Sewer Fund, for the purpose of funding Water and Sanitary Sewer Replacement, Contract 2020 WSM-B project (City Project No. 103359) to effect a portion of Water's contribution to the Fiscal Years 2024-2028 Capital Improvement Program; 3. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the General Capital Projects Fund by increasing receipts and appropriations in Water and Sanitary Sewer Replacement, Contract 2020 WSM-B project (City Project No. 103359) in the amount of $1,476,388.00, and decreasing receipts and appropriations in the Contract Street Maintenance programmable project (City Project No. P00020) by the same amount; and 4. Amend the Transportation & Public Works Department's Contribution to the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: This Mayor & Council Communication (M&C) is to authorize execution of a construction contract for the replacement of cast iron water and deteriorated sanitary sewer mains as indicated on the following streets and alleys: Street (I From Il To II Scope of II Council Work Districts Birdell Court Carol JlRamey Water/Sewer I 5 Avenue IlAvenue Booker T. Street Andrew IlWater/Sewer I 5 Avenue IlStalcup Road Stalcup Road Elgin ��Street Ramey ��Avenue Water 5 Rickenbacker Place Stalcup ��Road llFarrell IlWater 5 Lane Alley between Bong Stalcup Farrell Drive and Capers Road Lane Sewer 5 Avenue apps.cfwnet.org/ecouncil/printmc.asp?id=31633&print=true&DocType=Print 1 /4 12/5/23, 10:51 AM M&C - Council Agenda Alley between Lester Farrell Granger Street and Lane Ramey Avenue Hatcher Street Wiman Drive Village Reed Street Creek Road East 600 Sewer 5 feet E. Berry I Water/Sewer I 11 Street E. Berry Water/Sewer 11 Street Additionally, asphalt pavement rehabilitation will be conducted on all streets subsequent to the water and sanitary sewer main replacement. The Water Department's share of this contract is $4,600,130.00, and the Transportation & Public Works Department's share of the contract is $1,316,558.00. The project was advertised for bids on August 10, 2023 and August 17, 2023, in the Fort Worth Star - Telegram. On September 14, 2023, the following bids were received: Bidder JGra-Tex Utilities, Inc. [Woody Contractors, Inc. IR&D Burns Brothers, Inc. Venus Construction, Inc. Jackson Construction, Ltd 11 Amount 11$5,916,688.00 $6,984,649.21 1 $7,108,528.42 11$7,234,514.00 1I$8,552,149.00 11 Time of Completion 11400 Calendar Days In addition to the contract amount, $423,323.00 (Water: $178,396.00; Sewer: $150,925.00; Paving: $94,002.00) is required for project management, material testing and inspection, and $249,833.00 (Water: $98,640.00; Sewer: $85,365.00; Paving: $65,828.00) is provided for project contingencies. The sanitary sewer component of this project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. Approximately 6,920 linear feet of cast iron water pipe will be removed and replaced as part of this project. This project will have no impact on the Transportation & Public Works' or the Water Department's operating budgets when completed. The action in this M&C will amend TPW's contribution to the Fiscal Years 2024-2028 Capital Improvement Program as follows: 602020WSMB-GRATEX Capital Revised Project FY2024 CIP Fund Name Appropriations Authority Budget Adjustment FY2024 Name Budget 30100 - P00020 - General Contract Capital Street Projects Maintenance Fund $31,171,443.00 This M&C $(1,476,388.00) $29,695,055.00 It is the practice of the Water Department to appropriate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2024-2028 Capital Improvement Program, as follows: 602019WSMOP2-GRATEX apps.cfwnet.org/ecouncii/printmc.asp?id=31633&print=true&DocType=Print 2/4 12/5/23, 10:51 AM M&C - Council Agenda Capital project FY2024 CIP Budget Change Fund Name Appropriations Authority (Increase/Decrease) Name W&S 103359- Capital W&SS Projects — Contract Fund 2020 56002 WSM-B Revised FY2024 Budget $0.00 This M&C $5,113,456.00 $5,113,456.00 Funding is budgeted in the Contract Street Maintenance programmable project within the General Capital Projects Fund and in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the W&SS Contract 2020 WSM-B project within the Water & Sewer Capital Projects Fund. Appropriations for the Water and Sanitary Sewer Replacement, Contract 2020 WSM-B project are as depicted below: Fund Existing II Additional I project Total* ns Appropriations Appropriatio Water & Sewer Capital Projects $470,034.00 $5,113,456.00 $5,583,490.00 Fund 56002 General Capital Projects Fund $0.00 $1,476,388.00 $1,476,388.00 30100 Project Total 11 $470,034.0011 $6,589,844.0011$7,059,878.00 *Numbers rounded for presentation purposes. Business Equity: Gra-Tex Utilities, Inc., is in compliance with the City's Business Equity Ordinance by committing to 12 percent MWBE participation on this project. The City's MWBE goal on this project is 9 percent. The project is located in COUNCIL DISTRICTS 5 and 11. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that funds are available in the Contract Street Maintenance programmable project within the General Capital Projects Fund and in the Water & Sewer Fund, and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the W&S Capital Projects Fund and the General Capital Projects Fund for the W&S Contract 2020 WSM-B project to support the above recommendations and execution of the contract. Prior to any expenditure being incurred, the Water and Transportation & Public Works Departments have the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs).: TO Fund Department ccoun Project ctivity Budget Reference # mountID ID �Prograrn I Year I (Chartfield 2) FROM Fund Department ccoun Project ctivity Budget Reference # mount ID ID JProgram Year (Chartfield 2) CERTIFICATIONS: apps.cfwnet.org/ecouncil/printmc.asp?id=31633&print=true&DocType=Print 3/4 12/5/23, 10:51 AM M&C - Council Agenda Submitted for Citv Manaaer's Office bv: Dana Burghdoff (8018) Originating Department Head: Chris Harder (5020) Additional Information Contact: Brenda Oropeza (8271) ATTACHMENTS 1. 60202OWSMB-GRATEX Compliance Memo.pdf (CFW Internal) 2. 602020WSMB-GRATEX FID Table (WCF 10.12.23).xlsx (CFW Internal) 3. 60202OWSMB-GRATEX Form 1295.pdf (CFW Internal) 4. 602020WSMB-GRATEX MAP.Ddf (Public) 5. 602020WSMB-GRATEX.docx (CFW Internal) 6.ORD.APP 60202OWSMB-GRATEX 30100 A024(r3).docx (Public) 7. ORD.APP 60202OWSMB-GRATEX 56002 AO24(r2).docx (Public) 8. PBS CPN 103359.pdf (CFW Internal) 9. SAM.gov Search.pdf (CFW Internal) apps.cfwnet.org/ecouncii/printmc.asp?id=31633&print=true&DocType=Print 4/4 60202OWSMB-GRATEX FID Table 2 56002 0600430 103359 2024 $2,743,037.00 2 56002 0700430 4956001 103359 2024 $2,370,419.00 2 56002 0700430 103359 2024 $2,370,419.00 3 30100 0200431 4910100 P00020 2024 ($1,476,388.00) 3 30100 0200431 4910100 103359 2024 $1,476,388.00 3 30100 0200431 P00020 2024 ($1,476,388.00) 3 30100 0200431 103359 2024 $1,476,388.00 2 56001 0609020 5956001 $2,743,037.00 2 56002 0600430 4956001 103359 001780 9999 ($2,743,037.00) 2 56001 0709020 5956001 $2,370,419.00 2 56002 0700430 4956001 103359 001780 9999 ($2,370,419.00) 2 56002 0600430 5110101 103359 001780 9999 $20,517.00 Water Staff Costs I $2,743,037.00 2 56002 0600430 5550102 103359 001780 9999 $4,000.00 Public Outreach 1 56002 0600430 5740010 103359 001780 9999 $2,466,001.00 Pay to Contractor 2 56002 0600430 5740010 103359 001780 9999 $98,640.00 Contract Contingency 2 56002 0600430 5330500 103359 001784 9999 $38,470.00 Soil Lab Consultant 2 56002 0600430 5310350 103359 001784 9999 $12,823.00 Soil Lab TPW Staff Cost 2 56002 0600430 5310350 103359 001785 9999 $102,586.00 TPW Inspection Staff 2 56002 0700430 4956001 103359 001780 9999 ($2,370,419.00) 2 56002 0700430 5110101 103359 001780 9999 $17,756.00 Water Staff Costs $2,370,419.00 1 56002 0700430 5740010 103359 001780 9999 $2,134,129.00 Pay to Contractor 2 56002 0700430 5740010 103359 001780 9999 $85,365.00 Contract Contingency li 2 56002 0700430 5330500 103359 001784 9999 $33,292.00 Soil Lab Consultant 2 56002 0700430 5310350 103359 001784 9999 $11,097.00 Soil Lab TPW Staff Cost 2 56002 0700430 5110101 103359 001785 9999 $88,780.00 TPW Inspection Staff 1 30100 0200431 5740010 103359 CO2480 9999 $1,316,558.00 To Pay Contractor 3 30100 0200431 5740010 103359 CO2480 9999 $65,828.00 Contract Contingency 3 30100 0200431 5310350 103359 CO2480 9999 $11,059.00 Paving Staff Management 3 30100 0200431 5330500 103359 CO2484 9999 $20,736.00 Soil Lab Consultant 3 30100 0200431 5310350 103359 CO2484 9999 $6,912.00 Soil Lab TPW Staff 3 30100 0200431 5310350 103359 CO2485 9999 $55,295.00 Inspection TPW Staff $1,476,399M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 0005 10-1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 SECTION 00 05 10 MAYOR AND COUNCIL COMMUNICATION (M&C) END OF SECTION CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACEMENT CONTRACT 2020 WSM-B Revised July 1, 2011 City Project No. 103359 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 1 To the Specifications and Contract Documents For: WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B UNIT I — WATER UNIT II — SANITARY SEWER UNIT III — PAVEMENT.IMPROVEMENTS City Project No. 103359 Addendum No. 1 Issued: September 5, 2023 Prebid Conference Date: August 28, 2023 Original Bid Opening Date: September 7, 2023 Bid Opening Date: September 14, 2023 This Addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope in your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The specifications and contract documents for WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B are hereby revised by Addendum No. 1 as follows: 1. Plans: Construction plans are revised as follows: a. Plan set to be REPLACED in its entirety. b. Note addition of sheet 35A. 2. Specifications a. Specifications to be REPLACED in its entirety. i. Note change of Bid Opening Date to 9/14/23 ii. Addition of 50/50 Paving Quantities at the end of the spec book. 3. Bid Proposal Workbook: a. The Bid Proposal Workbook to be REPLACED in its entirety with the revised Bid Proposal Workbook (00 4100 Bid Proposal Workbook CPN 103359 Addendum No. 1] 4. Bidders Questions: Have been addressed via revised plan set and spec book via addendum No. 1 A-1 Addendum No. 1 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B City Project No. 103359 This Addendum No. 1, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: (1) in the space provided in Section 00 4100, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGE ADDENDUM NO. 3" Include a signed copy of Addendum No. 1 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 1 below could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. Addendum No. 1 RECEIPT ACKNOWLEDGED: By./-z- 1411&1, Company: Grcr-rex 0k, L- ;)-act Inc, Christopher (Harder, P.E. Director, Water Department By: (i1 Ton Sholola, P.E. Assistant Director, Water Department A-1 Addendum No. 1 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B City Project No. 103359 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 2 To the Specifications and Contract Documents For: WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B UNIT I — WATER UNIT II — SANITARY SEWER UNIT III — PAVEMENT IMPROVEMENTS City Project No. 103359 Addendum No. 2 Issued: September 12, 2023 Prebid Conference Date: August 28, 2023 Original Bid Opening Date: September 7, 2023 Bid Opening Date: September 14, 2023 This Addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope in your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The specifications and contract documents for WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B are hereby revised by Addendum No. 2 as follows: 1. Bid Proposal Workbook: a. The Bid Proposal Workbook is hereby in its entirety with the attached revised Bidl Proposal Workbook [00 4100 Bid Proposal Workbook CPN 103359 Addendum No. 21 to include clarification on permanent trench repair for water and sewer services. This Addendum No. 2, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Proiect Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 2 by completing the requested information at the following locations: (1) In the space provided in Section 00 4100, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGE ADDENDUM NO. 2" Include a signed copy of Addendum No. 2 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 2 below could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. A-2 Addendum No. 2 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B City Project No. 103359 Addendum No. 2 RECEIPT ACKNOWLEDGED: Company: Christopher Harder, P.E. Director, Water Department By: Tony Sholola, P.E. Assistant Director, Water Department A-2 Addendum No. 2 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B City Project No. 103359 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 3 To the Specifications and Contract Documents For: WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-13 UNIT I — WATER UNIT II — SANITARY SEWER UNIT III — PAVEMENT IMPROVEMENTS City Project No. 103359 Addendum No. 3 Issued: September 14, 2023 Prebid Conference Date: August 28, 2023 Original Bid Opening Date: September 7, 2023 Bid Opening Date: September 14, 2023 This Addendum forms part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope in your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The specifications and contract documents for WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B are hereby revised by Addendum No. 3 as follows: 1. Bid Proposal Workbook: The Bid Proposal Workbook is hereby in its entirety with the attached revised Bid Proposal Workbook [00 4100 Bid Proposal Workbook CPN 103359 Addendum No. 3] to include pre -bid amount on utility adjustments. This Addendum No. 3, forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 3 by completing the requested information at the following locations: (1) In the space provided in Section 00 4100, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGE ADDENDUM NO. 3" Include a signed copy of Addendum No. 3 in the sealed bid envelope at the time of bid submittal. Failure to acknowledge receipt of Addendum No. 3 below could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. A-3 Addendum No. 3 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B City Project No. 103359 Addendum No. 3 RECEIPT ACKNOWLEDGED: By: L� Company: Christopher Harder, P.E. Director, Water Department l y: TonySho10]a, P.E. Assistant Director, Wator Departrncnt A-3 Addendum No. 3 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B City Project No. 103359 0011 13 INVITATION TO BIDDERS Pagel of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B, City Project No. 103359 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, September 14, 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. In lieu of delivering completed Business Equity (M/WBE) forms for the project to the Purchasing Office, bidders shall e-mail the completed Business Equity forms to the City Project Manager no later than 2:00 PM on the second City Business Day after the bid opening date, exclusive of the bid opening date. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: 5,532 LF 8-Inch PVC Water Replacement 1,247 LF 12-Inch PVC Water Replacement 3,269 LF 8-Inch PVC Sewer Replacement 1,318 LF 10-Inch PVC Sewer Replacement 1,218 LF 8-Inch Sewer Pipe Enlargement 7,540 SY Asphalt Pavement Rehabilitation 5,309 SY Concrete Pavement Rehabilitation 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.izov/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. Bid Document Package https://docs.b360.autodesk.com/shares/f00672f9-5e70-4015-80bd-c8b982864ca7 Addenda Folder https://docs.b360.autodesk.com/shares/e3a4a7f9-b3e6-4fcc-9ff4-Of6bbcl 11 f65 Copies of the Bidding and Contract Documents may be purchased from Binkley & Barfield, 1801 Gateway Boulevard, Suite 101, Richardson, TX 75080, phone 972-644-2800: CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised 7/19/2021 City Project No. 103359 0011 13 INVITATION TO BIDDERS Page 2 of 2 The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents with full size drawings: $100 Set of Bidding and Contract Documents with half size (if available) drawings: $40 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 — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Monday, August 28, 2023 TIME: 11:00 a.m. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. 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: Brenda Oropeza, City of Fort Worth Email: Brenda.Oropeza@FortWorthTexas.gov Phone: 817-392-8271 AND/OR Attn: Tony Romo, P.E., Binkley & Barfield Email: aromo@binkleybarfield.com Phone: 972-644-2880 ADVERTISEMENT DATES August 10, 2023 August 17, 2023 END OF SECTION CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised 7/19/2021 City Project No. 103359 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 0021 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 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:HaDDS.fortworthtexas.2ov/ProiectResources/ 3.1.1. Paving — Requirements document located at: CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 httns://aDDs.fortworthtexas. L7ov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavin2 %20Contractor%2OPreaualification%2OProL,ram/PREOUALIFICATION%20REO, UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.vdf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: httt)s://anus.fortworthtexas.2ov/ProiectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TP W%2ORoadwa v%2Oand%2OPedestrian%2OLi L,htins%2OPreaualification%2OPro eram/STREET% 20LIGHT%20PREOUAL%20REOMNTS.Ddf 3.1.3. Water and Sanitary Sewer — Requirements document located at: httDs://auras. fortworthtexas. gov/Proi ectRes ources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/Water%2Oand%2 OSanitarv%20Sewer%20Contractor%2OPreaualification%2OProeram/WSS%2ODre anal%20reauirements.ndf 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. LSubmission 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. Not Used 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B RevisediUpdated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Not Used. 4.1.5. Shall study all: (1) 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 (11) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTII WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 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: (1) 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. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 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. 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: Brenda Oropeza, City of Fort Worth Water Department Email: Brenda.Oropeza(&FortWorthTexas.�ov Phone: 817-392-8271 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at https://does.b360.autodesk.com/shares/e3a4a7f9-b3e6-4fcc- 9ff4-0f6 bbc 111 f65 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 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. 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: httns:Hcodelibrarv.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 CITY OF FORT WORTII WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 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. 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. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 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 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. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 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. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 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. END OF SECTION CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENT REPLACEMENT CONTRACT 2020 WSM-B Revised/Updated November 2, 2021 City Project No. 103359 0032 15 -0 CONSTRUCTION PROGRESS SCHEDULE SECTION 00 32 15 CONSTRUCTION PROJECT SCHEDULE PART1- GENERAL f__ 9t 110 lu /:V �'1 Page 1 of 10 A. Section Includes: 1. General requirements for the preparation, submittal, updating, status reporting and management of the Construction Project Schedule B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 — General Requirements D. Purpose The City of Fort Worth (City) is committed to delivering quality, cost-effective infrastructure to its citizens in a timely manner. A key tool to achieve this purpose is a properly structured schedule with accurate updates. This supports effective monitoring of progress and is input to critical decision making by the project manager throughout the life of the project. Data from the updated project schedule is utilized in status reporting to various levels of the City organization and the citizenry. This Document complements the City's Standard Agreement to guide the construction contractor (Contractor) in preparing and submitting acceptable schedules for use by the City in project delivery. The expectation is the performance of the work follows the accepted schedule and adhere to the contractual timeline. The Contractor will designate a qualified representative (Project Scheduler) responsible for developing and updating the schedule and preparing status reporting as required by the City. 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 2. Non-compliance with this specification is grounds for City to withhold payment of the Contractor's invoices until Contractor achieves said compliance. 1.3 REFERENCES A. Project Schedules Each project is represented by City's master project schedule that encompasses the entire scope of activities envisioned by the City to properly deliver the work. When the City contracts with a Contractor to perform construction of the Work, the Contractor CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised JULY 20, 2018 City Project No. 102302 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 2 of 10 will develop and maintain a schedule for their scope of work in alignment with the City's standard schedule requirements as defined herein. The data and information of each such schedule will be leveraged and become integral in the master project schedule as deemed appropriate by the City's Project Control Specialist and approved by the City's Project Manager. Master Project Schedule The master project schedule is a holistic representation of the scheduled activities and milestones for the total project and be Critical Path Method (CPM) based. The City's Project Manager is accountable for oversight of the development and maintaining a master project schedule for each project. When the City contracts for the design and/or construction of the project, the master project schedule will incorporate elements of the Design and Construction schedules as deemed appropriate by the City's Project Control Specialist. The assigned City Project Control Specialist creates and maintains the master project schedule in P6 (City's scheduling software). 2. Construction Schedule The Contractor is responsible for developing and maintaining a schedule for the scope of the Contractor's contractual requirements. The Contractor will issue an initial schedule for review and acceptance by the City's Project Control Specialist and the City's Project Manager as a baseline schedule for Contractor's scope of work. Contractor will issue current, accurate updates of their schedule (Progress Schedule) to the City at the end of each month throughout the life of their work. B. Schedule Tiers The City has a portfolio of projects that vary widely in size, complexity and content requiring different scheduling to effectively deliver each project. The City uses a "tiered" approach to align the proper schedule with the criteria for each project. The City's Project Manager determines the appropriate schedule tier for each project, and includes that designation and the associated requirements in the Contractor's scope of work. The following is a summary of the "tiers". 1. Tier 1: Small Size and Short Duration Project (design not required) The City develops and maintains a Master Project Schedule for the project. No schedule submittal is required from Contractor. City's Project Control Specialist acquires any necessary schedule status data or information through discussions with the respective party on an as -needed basis. 2. Tier 2: Small Size and Short to Medium Duration Project The City develops and maintains a Master Project Schedule for the project. The Contractor identifies "start" and "finish" milestone dates on key elements of their work as agreed with the City's Project Manager at the kickoff of their work effort. The Contractor issues to the City, updates to the "start" and "finish" dates for such milestones at the end of each month throughout the life of their work on the project. 3. Tier 3: Medium and Large Size and/or Complex Projects Regardless of Duration The City develops and maintains a Master Project Schedule for the project. The Contractor develops a Baseline Schedule and maintains the schedule of their respective scope of work on the project at a level of detail (generally Level 3) and in CITY OF PORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised JULY 20, 2018 City Project No. 102302 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 3 of 10 alignment with the WBS structure in Section 1.4.H as agreed by the Project Manager. The Contractor issues to the City, updates of their respective schedule (Progress Schedule) at the end of each month throughout the life of their work on the project. C. Schedule Types Project delivery for the City utilizes two types of schedules as noted below. The City develops and maintains a Master Project Schedule as a "baseline" schedule and issue monthly updates to the City Project Manager (end of each month) as a "progress" schedule. The Contractor prepares and submits each schedule type to fulfill their contractual requirements. Baseline Schedule The Contractor develops and submits to the City, an initial schedule for their scope of work in alignment with this specification. Once reviewed and accepted by the City, it becomes the "Baseline" schedule and is the basis against which all progress is measured. The baseline schedule will be updated when there is a change or addition to the scope of work impacting the duration of the work, and only after receipt of a duly authorized change order issued by the City. In the event progress is significantly behind schedule, the City's Project Manager may authorize an update to the baseline schedule to facilitate a more practical evaluation of progress. An example of a Baseline Schedule is provided in Specification 00 32 15.1 Construction Project Schedule Baseline Example. Progress Schedule The Contractor updates their schedule at the end of each month to represent the progress achieved in the work which includes any impact from authorized changes in the work. The updated schedule must accurately reflect the current status of the work at that point in time and is referred to as the "Progress Schedule". The City's Project Manager and Project Control Specialist reviews and accepts each progress schedule. In the event a progress schedule is deemed not acceptable, the unacceptable issues are identified by the City within 5 working days and the Contractor must provide an acceptable progress schedule within 5 working days after receipt of non -acceptance notification. An example of a Progress Schedule is provided in Specification 00 32 15.2 Construction Project Schedule Progress Example. 1.4 CITY STANDARD SCHEDULE REQUIREMENTS The following is an overview of the methodology for developing and maintaining a schedule for delivery of a project. A. Schedule Framework The schedule will be based on the defined scope of work and follow the (Critical Path Methodology) CPM method. The Contractor's schedule will align with the requirements of this specification and will be cost loaded to reflect their plan for execution. Overall schedule duration will align with the contractual requirements for the respective scope of work and be reflected in City's Master Project Schedule. The Project Number and Name of the Project is required on each schedule and must match the City's project data. B. Schedule File Name CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised JULY 20, 2018 City Project No. 102302 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 4 of 10 All schedules submitted to the City for a project will have a file name that begins with the City's project number followed by the name of the project followed by baseline (if a baseline schedule) or the year and month (if a progress schedule), as shown below. • Baseline Schedule File Name Format: City Project Number _Project Name_Baseline Example: 101376_North Montgomery Street HMAC Baseline • Progress Schedule File Name Format: City Project Number _Project Name_YYYY-MM Example: 101376_North Montgomery Street HMAC_2018_01 • Project Schedule Progress Narrative File Name Format: City Project Number _Project Name _PN_YYYY-MM Example: 101376_North Montgomery Street HMAC_PN_2018_01 C. Schedule Templates The Contractor will utilize the relevant sections from the City's templates provided in the City's document management system as the basis for creating their respective project schedule. Specifically, the Contractor's schedule will align with the layout of the Construction section. The templates are identified by type of project as noted below. • Arterials • Aviation • Neighborhood Streets • Sidewalks (later) • Quiet Zones (later) • Street Lights (later) • Intersection Improvements (later) • Parks • Storm water • Street Maintenance • Traffic • Water D. Schedule Calendar The City's standard calendar for schedule development purposes is based on a 5-day workweek and accounts for the City's eight standard holidays (New Years, Martin Luther King, Memorial, Independence, Labor, Thanksgiving, day after Thanksgiving, Christmas). The Contractor will establish a schedule calendar as part of the schedule development process and provide to the Project Control Specialist as part of the basis for their schedule. Variations between the City's calendar and the Contractor's calendar must be resolved prior to the City's acceptance of their Baseline project schedule. E. WBS & Milestone Standards for Schedule Development The scope of work to be accomplished by the Contractor is represented in the schedule in the form of a Work Breakdown Structure (WBS). The WBS is the basis for the development of the schedule activities and shall be imbedded and depicted in the schedule. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised JULY 20, 2018 City Project No. 102302 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 5 of 10 The following is a summary of the standards to be followed in preparing and maintaining a schedule for project delivery. 1. Contractor is required to utilize the City's WBS structure and respective project type template for "Construction" as shown in Section 1.4.H below. Additional activities may be added to Levels 1 - 4 to accommodate the needs of the organization executing the work. Specifically the Contractor will add activities under WBS XXXXXX.80.83 "Construction Execution" that delineates the activities associated with the various components of the work. 2. Contractor is required to adhere to the City's Standard Milestones as shown in Section 1.4.I below. Contractor will include additional milestones representing intermediate deliverables as required to accurately reflect their scope of work. F. Schedule Activities Activities are the discrete elements of work that make up the schedule. They will be organized under the umbrella of the WBS. Activity descriptions should adequately describe the activity, and in some cases the extent of the activity. All activities are logically tied with a predecessor and a successor. The only exception to this rule is for "project start" and "project finish" milestones. The activity duration is based on the physical amount of work to be performed for the stated activity, with a maximum duration of 20 working days. If the work for any one activity exceeds 20 days, break that activity down incrementally to achieve this duration constraint. Any exception to this requires review and acceptance by the City's Project Control Specialist. G. Change Orders When a Change Order is issued by the City, the impact is incorporated into the previously accepted baseline schedule as an update, to clearly show impact to the project timeline. The Contractor submits this updated baseline schedule to the City for review and acceptance as described in Section 1.5 below. Updated baseline schedules adhere to the following: 1. Time extensions associated with approved contract modifications are limited to the actual amount of time the project activities are anticipated to be delayed, unless otherwise approved by the Program Manager. 2. The re-baselincd schedule is submitted by the Contractor within ten workdays after the date of receipt of the approved Change Order. The changes in logic or durations approved by the City are used to analyze the impact of the change and is included in the Change Order. The coding for a new activity(s) added to the schedule for the Change Order includes the Change Order number in the Activity ID. Use as many activities as needed to accurately show the work of the Change Order. Revisions to the baseline schedule are not effective until accepted by the City. H. City's Work Breakdown Structure CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised JULY 20, 2018 City Project No. 102302 0032 15 - 0 CONSTRUCTION PROGRESS SCHEDULE Page 6 of 10 WBS Code WBS Name XXXXXX Project Name XXXXXX.30 Design XXXXXX.30.10 Design Contractor Agreement XXXXXX.30.20 Conceptual Design (30%) XXXXXX.30.30 Preliminary Design (60%) XXXXXX.30.40 Final Design XXXXXX.30.50 Environmental XXXXXX.30.60 Permits XXXXXX.30.60.10 Permits - Identification XXXXXX.30.60.20 Permits - Review/Approve XXXXXX.40 ROW & Easements XXXXXX.40.10 ROW Negotiations XXXXXX.40.20 Condemnation XXXXXX.70 Utility Relocation XXXXXX.70.10 Utility Relocation Co-ordination XXXXXX.80 Construction XXXXXX.80.81 Bid and Award XXXXXX.80.83 Construction Execution XXXXXX.80.85 Inspection XXXXXX.80.86 Landscaping XXXXXX.90 Closeout XXXXXX.90.10 Construction Contract Close-out XXXXXX.90.40 Design Contract Closure I. City's Standard Milestones The following milestone activities (i.e., important events on a project that mark critical points in time) are of particular interest to the City and must be reflected in the project schedule for all phases of work. Activitv ID Activitv Name Design 3020 Award Design Agreement 3040 Issue Notice To Proceed - Design Engineer 3100 Design Kick-off Meeting 3120 Submit Conceptual Plans to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3150 Peer Review Meeting/Design Review meeting (technical) 3160 Conduct Design Public Meeting #1 (required) 3170 Conceptual Design Complete 3220 Submit Preliminary Plans and Specifications to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3250 Conduct Design Public Meeting #2 (required) 3260 Preliminary Design Complete CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised JULY 20, 2018 City Project No. 102302 0032 15 - 0 CONSTRUCTION PROGRESS SCHEDULE Page 7 of 10 3310 Submit Final Design to Utilities, ROW, Traffic, Parks, Storm Water, Water & Sewer 3330 Conduct Design Public Meeting #3 (if required) 3360 Final Design Complete ROW & Easements 4000 Right of Way Start 4230 Right of Way Complete Utility Relocation 7000 Utilities Start 7120 Utilities Cleared/Complete Construction Bid and Award 8110 Start Advertisement 8150 Conduct Bid Opening 8240 Award Construction Contract Construction Execution 8330 Conduct Construction Public Meeting #4 Pre -Construction 8350 Construction Start 8370 Substantial Completion 8540 Construction Completion 9130 Notice of Completion/Green Sheet 9150 Construction Contract Closed 9420 Design Contract Closed 1.5 SUBMITTALS A. Schedule Submittal & Review The City's Project Manager is responsible for reviews and acceptance of the Contractor's schedule. The City's Project Control Specialist is responsible for ensuring alignment of the Contractor's baseline and progress schedules with the Master Project Schedule as support to the City's Project Manager. The City reviews and accepts or rejects the schedule within ten workdays of Contractor's submittal. Schedule Format The Contractor will submit each schedule in two electronic forms, one in native file format (.xer, .xml, .mpx) and the second in a pdf format, in the City's document management system in the location dedicated for this purpose and identified by the Project Manager. In the event the Contractor does not use Primavera P6 or MS Project for scheduling purposes, the schedule information must be submitted in .xls or .xlsx format in compliance with the sample layout (See Specification 00 32 115.1 Construction Project Schedule Baseline Example), including activity predecessors, successors and total float. 2. Initial & Baseline Schedule The Contractor will develop their schedule for their scope of work and submit their initial schedule in electronic form (in the file formats noted above), in the City's document management system in the location dedicated for this purpose within ten workdays of the Notice of Award. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised JULY 20, 2018 City Project No. 102302 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 8 of 10 The City's Project Manager and Project Control Specialist review this initial schedule to determine alignment with the City's Master Project Schedule, including format & WBS structure. Following the City's review, feedback is provided to the Contractor for their use in finalizing their initial schedule and issuing (within five workdays) their Baseline Schedule for final review and acceptance by the City. 3. Progress Schedule The Contractor will update and issue their project schedule (Progress Schedule) by the last day of each month throughout the life of their work on the project. The Progress Schedule is submitted in electronic form as noted above, in the City's document management system in the location dedicated for this purpose. The City's Project Control team reviews each Progress Schedule for data and information that support the assessment of the update to the schedule. In the event data or information is missing or incomplete, the Project Controls Specialist communicates directly with the Contractor's schedulcr for providing same. The Contractor re -submits the corrected Progress Schedule within S workdays, following the submittal process noted above. The City's Project Manager and Project Control Specialist review the Contractor's progress schedule for acceptance and to monitor performance and progress. The following list of items are required to ensure proper status information is contained in the Progress Schedule. • Baseline Start date • Baseline Finish Date • % Complete • Float • Activity Logic (dependencies) • Critical Path • Activities added or deleted • Expected Baseline Finish date • Variance to the Baseline Finish Date B. Monthly Construction Status Report The Contractor submits a written status report (referred to as a progress narrative) at the end of each month to accompany the Progress Schedule submittal, using the standard format provided in Specification 00 32 15.3 Construction Project Schedule Progress Narrative. The content of the Construction Project Schedule Progress Narrative should be concise and complete to: • Reflect the current status of the work for the reporting period (including actual activities started and/or completed during the reporting period) • Explain variances from the baseline on critical path activities • Explain any potential schedule conflicts or delays • Describe recovery plans where appropriate • Provide a summary forecast of the work to be achieved in the next reporting period. C. Submittal Process CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised 1ULY 20, 2018 City Project No. 102302 003215-0 CONSTRUCTION PROGRESS SCHEDULE Page 9 of 10 • Schedules and Monthly Construction Status Reports are submitted in Buzzsaw following the steps outlined in Specification 00 32 15.4 Construction Project Schedule Submittal Process. • Once the project has been completed and Final Acceptance has been issued by the City, no further progress schedules or construction status reports are required from the Contractor. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. The person preparing and revising the Contractor's Project Schedule shall be experienced in the preparation of schedules of similar complexity. B. Schedule and supporting documents addressed in this Specification shall be prepared, updated and revised to accurately reflect the performance of the Contractor's scope of work. C. The Contractor is responsible for the quality of all submittals in this section meeting the standard of care for the construction industry for similar projects. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 1.13 ATTACHMENTS Spec 00 32 15.1 Construction Project Schedule Baseline Example Spec 00 32 15.2 Construction Project Schedule Progress Example Spec 00 32 15.3 Construction Project Schedule Progress Narrative Spec 00 32 15.4 Construction Project Schedule Submittal Process PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD SPECIFICATION REPLACEMENT CONTRACT 2019 WSM-F Revised JULY 20, 2018 City Project No. 102302 003215-0 DATE NAME July 20, 2018 M. Jarrell Initial Issue CONSTRUCTION PROGRESS SCHEDULE Page 10 of 10 Revision Log SUMMARY OF CHANGE CITY OF FORT WORTH STANDARD SPECIFICATION Revised JULY 20, 2018 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2019 WSM-F City Project No. 102302 00 35 13 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) hfti)s://www.ethics.state.tx.us/data/forms/conflict/CIS.i)df r] CIQ Form does not apply C CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary El CIS Form does not apply ❑ CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: END OF SECTION By: Rex Heflin Signature/• �,F,, 4"e'- Title: Estimator/PM CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 Bid Proposal Workbook 103359.xlsx CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code Date Received by a person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. J Name of person who has a business relationship with local governmental entity. J ❑Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has employment or business relationship. J Name of Officer This section (item 3 including subparts A, B, C & D) must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes F--] No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes F-1 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? Yes F-1 No D. Describe each employment or business relationship with the local government officer named in this section. Signature of person doing business with the governmental entity Date Adopted 06/29/2007 LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT (Instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement Date Received in accordance with Chapter 176, Local Government Code. JName of Local Government Officer J Office Held 31 J Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code JDescription of the nature and extent of employment or other business relationship with person named in item 3 51 List gifts accepted by the local government officer and any family member, excluding gifts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed $250 during the 12-month period described by Section 176.003(a)(2)(B) Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift (attach additional forms as necessary) J AFFIDAVIT I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to a family member (as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a), Local Government Code. Signature of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said of , 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath this the day Title of officer administering oath Adopted 06/29/2007 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of the local governmental entity; or an employee of a local governmental entity with respect to whom the local governmental entity has, in accordance with Section 176.005, extended the requirements of Sections 176.003 and 176.004. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code. An offense under this section is a Class C misdemeanor. Please refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. INSTRUCTIONS FOR COMPLETIIVG THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of person described by Sections 176.002(a) and 176.003(a), Local Government Code. Enter the name of the person described by Section 176.002, Local Government Code with whom the officer has an employment or other business relationship as described by Section 176.003(a), Local Government Code. 4. Description of the nature and extent of employment or business relationship with person named in item 3. Describe the nature and extent of the employment or other business relationship with the person in item 3 as described by Section 176.003(a), Local Government Code. 5. List gifts accepted, excluding gifts described by Section 176.003(a-1), if aggregate value of the gifts accepted from person named in item 3 exceed $250. List gifts accepted during the 12-month period (described by Section 176.003(a), Local Government Code) by the local government officer or family member of the officer, excluding gifts described by Section 176.003(a-1), from the person named in item 3 that in the aggregate exceed $250 in value. 6. Affidavit. Signature of local government officer. Adopted 06/29/2007 0041 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: WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No.: 103359 Units/Sections: Unit I: Water Improvements Unit II: Sanitary Sewer Improvements Unit III: Pavement Improvements 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 Bid Proposal Workbook 2023.09.05.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. Water Distribution, Urban and Renewal, 12-inch diameter and smaller b. Sewer CIPP, 12-inches and smaller c. Sewer Collection System, Urban/Renewal, 8-inches and smaller d. Sewer Pipe Enlargement, 12-inches and smaller e. Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 Square Yards) f. Concrete Paving Construction/Reconstruction (LESS THAN 15,000 Square Yard) am 4. Time of Completion 4.1 The Work will be complete for Final Acceptance within 400 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 Bid Proposal Workbook 2023.09.05.xlsx 0041 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. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete S 91(c1668. 00 Alternate Bid <use this if applicable, otherwise delete> 9/14 Deductive Alternate<use this if applicable, otherwise /V/A Additive Alternate <use this if applicable, otherwise Total Bid 5 116, 688 , o O 7. Bid Submittal This Bid is submitted on 09-14-2023 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: B . Addendum No. 1: QLJttf (/ (Signature) Addendum No. 2: Addendum No. 3: Rex Heflin Addendum No. 4: ' (Printed Name) Title: Estimator/PM Company: Gra-Tex Utilities Inc. Corporate Seal: Address: 7218 Bloxom Park Rd. - - — State of Incorporation: Email: gratexestimate@gmail.com Phone: 817-781-0234 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Bid Proposal Workbook 2023.09.05.xisx AM 0907D" FT WORTH - 103359; Water and Sanitary Sewer Replacement, Contract ADD INFO: 2020 WSM-B ESTIMATE: ADDENDUM: PREBID: 08/28/2023 2 PM LINK SENT TO INTERESTED BIDDERS BID DATE: 09/07/2023 1:30 PM TO OWNER, OPENS 2PM ARCH/ENG: BINKLEY & BARFIELD/CMP, 1801 GATEWAY BLVD, RICHARDSON, TX 75080 972 644-2800; TONY ROMO, PE; aromo@binkleybarfield.com OWNERI: CITY OF FT WORTH, ENGR, 1000 THROCKMORTON, FTW 76102 OWNER2: 817 392-8271; BRENDA OROPEZA, PE,; brenda.oropeza@fortworthtexas.gov NOTESI: 5% BID BOND ----- Unit I - Water Improvements ----------- --------- -- 1 12" PVC Water Pipe �8"PVC LF 2 Water Pipe LF 3 18" PVC Water Pipe, CSS Backfill I LF 4 16" PVC Water Pipe I LF 5 12" Gate Valve EA 6 18" Gate Valve EA 7 6" Gate Valve EA 8 Salvage 8" Water Valve EA 9 Salvage 6" Water Valve I EA 10 Salvage 4" Water Valve I EA 11 Ductile Iron Water Fittings w/ Restraint ITN 12 Water Line Grouting CY 13 Salvage Fire Hydrant EA 14 Fire Hydrant EA 15 Temporary Water Services LS 16 8" Waterline Lowering EA 17 Meter Box Relocation LF 18 1" Water Service, Meter Reconnection EA 19 1" Water Service EA 20 1" Private Water Service I LF 21 2" Water Service, Meter Reconnection EA 22 2" Water Service �EA 23 Connection to Existing 4"A 2" Water Main I EA 24 116" x 8" Tapping Sleeve & Valve I EA 25 ITrench Safety LF 26 5' Wide Asphalt Pavement Repair, Residentail LF �LF 27 Temporary Asphalt Paving Repair 28 Asphalt Paving Repair, Water Service I LF 29 Utility Adjustment LS 30 I Remove Existing Concrete Curb and Gutter LF ILF 31 16" Concrete Curb and Gutter 32 Remove Existing Concrete Driveway SF 33 6" Concrete Driveway SF 34 Remove Concrete Sidewalk SF 35 Concrete Curb, Back of Sidewalk LF 36 4" Conc Sidewalk, Adjacent to Curb SF 37 4" Concrete Sidewalk SF 38 Remove Existing Wheelchair Ramp EA 39 1 Install New ADA Wheelchair Ramp (w/ detectable warning dome -tile surface) EA 40 Remove Existing Concrete Valley Gutter SY 41 Install New 7" Concrete Valley Gutter SY 42 11" Pavement Pulverization SY 43 Cem-Lime Stabilization @ 32Lbs/SY TN 44 Unclassified Street Excavation ICY 45 13" Surface Course Asphalt, Type" D" SY 46 1 Preformed Thermoplastic Contrast Markings ? 6? DOT (Y) LF 47 1 REFL Raised Marker TY II -A -A EA 48 I Water Valve Box Adjustment with Concrete Collar EA 49 1 Manhole Adjustment With Concrete Collar EA 50 Painting Curb Addresses EA 1,247 5,436 96 93 3 17 6 12 3 3 8 12 5 6 10 20 163 163 50 2 2 17 1, 6,776 1,247 6,776 1,640 2,050 2,050 3,500 3,500 650 50 175 440 5 5I 59 72 3,900 63 125 3,900 305 13 6 5� 29 Bid Units 1 121.00 106.00 138.00 109.00 6,025.00 2,850.00 2,325.00 900.00 200.00 200.00 6,900.00 250.00 1,100.00 5,450.00 105,000.00 8,725.00 290.00 319.00 1,140.00 120.00 1,450.00 3,200.00 2,200.00 10,550,00 1.00 35.00 35.00 35.00 5,000.00 6.50 39.00 2.75 13.00 4.20 30.00 9.60 9.60 360.00 2,700.00 63.00 135.00 18.00 410.00 40.00 30.00 10.00 20.00 500.00 2,300.00 90.00 Total 150,887.00 576,216.00 13,248.00 10,137.00 18,075.00 48,450.00 13, 950.00 10,800.00 600.00 600.00 55,200.00 3,000.00 5,500.00 32,700.00 105,000.00 87,250.00 5,800.00 51, 997.00 185,820.00 6,000.00 2,900.00 6,400.00 37,400.00 10,550.00 6,776.00 43,645.00 237,160.00 57,400.00 5,000.00 13, 325.00 79,950.00 9,625.00 45,500.00 2,730.00 1,500.00 1,680.00 4,224.00 1,800.00 13,500.00 3,717.00 9,720.00 70,200.00 25,830.00 5,000.00 117,000.00 3,050.00 260.00 3,000.00 11,500.00 2,610.00 51 ITopsoil ICY 361 130.00 4,680.00 52 Block Sod Replacement SY 725 47.00 34,075.00 53 Traffic Control MO 3 5,000.00 15,000.00 54 SWPPP ? 1 acre ILS 1 5,000.00 5,000.00 55 HMAC Transition TN 6 260.00 1,560,00 56 Remove Conc Pvmt SY 250 40.00 10,000.00 57 Conc Pvmt Repair, Residential SY 155 125.00 19,375.00 58 Asphalt Pvmt Type D SY 1,227 21.00 25,767.00 �2" 59 2" Surface Milling SY 1,227 6.00 7,362.00 60 Construction Staking LS 1 9,000.00 9,000.00 61 Exploratory Excavation of Existing Utilities EA 5 3,000.00 15,000.00 62 (Construction Allowance LS 1 100,000.00 100,000.00 63 IAs-Built Survey (Red Line Survey) ILS j 1 5,000.00 5,000.00 2,466,001.00 I ---- Unit II - Sanitary Sewer Improvements I I 1 10" Sewer Pipe (DIP w/ Protecto 401 Coating) LF 20 175.00 3,500.00 2 10" Sewer Pipe (SDR26) LF 1,298 115.00 149,270.00 3 8" Sewer Pipe (DIP w/ Protecto 401 Coating) LF 2,182 160.00 349,120.00 4 18" Sewer Pipe (SDR-26) LF ! 1,027 105.00 107,835.00 5 8" Sewer Pipe, CSS Backfill (SDR-26) LF 60 123.00 7,380.00 6 6" to 8" Pipe Enlargement (HDPE) LF 1,218 110.00 133,980,00 7 Service Reinstatement, Pipe Enlargement w/ 2-way cleanout EA 43 1,920.00 82,560.00 8 Remove 4' Sewer Manhole EA 17 1,000.00 17,000.00 9 (Pre -CCTV Inspection LF 1,218 10.00 12,180.00 10 Post -CCTV Inspection LF 5,784 8.00 46,272,01) 11 (Manhole Vacuum Testing SEA 31 250.00 7,750.00 12 Concrete Collar for Manhole EA 31 1,000.00 31,000.00 13 Trench Safety LF 4,566 2.00 9,132.00 14 8" Sewer Pipe, Point Repair LF 200 133.00 26,600.00 15 4" Sewer Service w/ 2-Way Cleanout EA 126 700.00 88,200.00 16 14' Manhole JEA 29 5,400.00 156,600.00 17 Extra Depth Manhole IVF 55 615.00 33,825.00 18 �4' 4' Drop Manhole I EA 2 6,800.00 13,600.00 19 Epoxy Manhole Liner �VF 19 510.00 9,690.00 20 1 Temporary Asphalt paving repair ILF 4,566 35.00 159,810.00 21 Asphalt Pvmt Repair, Sewer Service LF 200 35.00 7,000.00 22 Utility Adjustment LS 1 5,000.00 5,000.00 23 Remove Existing Concrete Curb and Gutter �LF 2,050 6.50 13,325.00 24 6" Concrete Curb and Gutter ELF 2,050 39.00 1 79,950.00 25 Remove Existing Concrete Driveway SF 3,500 2.75 9,625.00 26 6" Concrete Driveway SF �SF 3,500 13.00 45,500.00 27 Remove Concrete Sidewalk 650 4.20 2,730.00 28 1Concrete Curb, Back of Sidewalk LF 50 30.00 1,500.00 29 Conc Sidewalk, Adjacent to Curb SF 175 9.60 ! 1,680.00 30 �4" 4" Concrete Sidewalk SF 440 9.60 4,224.00 31 Remove Existing Wheelchair Ramp EA 5 360.00 1,800.00 32 Install New ADA Wheelchair Ramp (w/ detectable warning dome -tile surface) EA 5 2,700.00 13,500.00 33 Remove Existing Concrete Valley Gutter SY 59 1 63.00 3,717.00 34 Install New 7" Concrete Valley Gutter SY 72 135.00 9,720.00 35 11" Pavement Pulverization SY 3,900 18.00 70,200.00 36 Stabilization @ 32Lbs/SY TN 63 410.00 25,830.00 37 �Cem-Lime Unclassified Street Excavation CY 125 40.00 5,000.00 38 3" Surface Course Asphalt, Type" D" SY 3,900 30.00 117,000.00 39 Preformed Thermoplastic Contrast Markings ? 6? DOT (Y) LF 305 10.00 3,050.00 40 REFL Raised Marker TY II -A -A EA 13 ! 20.00 260.00 41 Water Valve Box Adjustment with Concrete Collar EA �EA 6 500.00 3,000.00 42 Manhole Adjustment With Concrete Collar 5 2,300.00 11,500.00 43 Painting Curb Addresses EA 29 90.00 2,610.00 44 Topsoil CY 36 130.00 4,680.00 45 Block Sod Replacement SY 725 47.00 34,075.00 46 Traffic Control HMO 3 5,000.00 15,000.00 47 SWPPP ? 1 acre ILS 1 1 5,000.00 1 5,000.00 48 HMAC Transition 'TN 6 260.00 1,560.00 49 Remove Conc Pvmt SY 250 39.00 9,750.00 50 Conc Pvmt Repair, Residential SY 155 122.00 18,910.00 51 2" Asphalt Pvmt Type D SY 1,227 21.00 25,767.00 52 2" Surface Milling ;SY 1,227 6.00 7,362.00 53 Construction Staking LS 1 9,000.00 9,000.00 54 Exploratory Excavation of Existing Utilities EA 5 3,000.00 15,000.00 55 Construction Allowance LS 1 100,000.00 100,000.00 56 As -Built Survey (Red Line Survey) LS 1 5,000.00 5,000.00 2,134,129.00 ------ Unit III - Paving Improvements ---------------------- 1 Utility Adjustment LS 1 5,000.00 5,000.00 2 Remove Existing Concrete Curb and Gutter LF 4,100 6.50 26,650.00 3 16" Concrete Curb and Gutter LF 4,100 39.00 159,900.00 4 1 Remove Existing Concrete Driveway SF 7,000 2.75 19,250.00 5 16" Concrete Driveway SF 7,000 13.00 91,000.00 6 Remove Concrete Sidewalk SF 1,300 4.20 j 5,460.00 7 Concrete Curb, Back of Sidewalk LF 100 30.00 3,000.00 8 �4" Conc Sidewalk, Adjacent to Curb SF 350 9.60 3,360.00 9 4" Concrete Sidewalk NSF 880 9.60 8,448.00 10 Remove Existing Wheelchair Ramp EA 11 360.00 3,960.00 11 Install New ADA Wheelchair Ramp (w/ detectable warning dome -tile surface) I EA 11 2,700.00 29,700.00 12 Remove Existing Concrete Valley Gutter SY 119 63.00 7,497.00 13 Install New 7" Concrete Valley Gutter SY 145 135.00 19,575.00 14 11" Pavement Pulverization ISY 7,800 18.00 1 140,400.00 15 1Cem-Lime Stabilization @ 32Lbs/SY ITN 125 410.00 51,250.00 16 Unclassified Street Excavation ICY 250 40.00 10,000.00 17 3" Surface Course Asphalt, Type" D" I SY 7,800 30.00 234,000,00 18 Preformed Thermoplastic Contrast Markings ? 6? DOT (Y) I LF 610 10.00 6,100.00 19 REFL Raised Marker TY II -A -A EA 25 20.00 500.00 20 Water Valve Box Adjustment with Concrete Collar EA 11 500.00 5,500.00 21 Manhole Adjustment With Concrete Collar EA 9 2,300.00 20,700.00 22 Painting Curb Addresses EA 59 90.00 5,310.00 23 Topsoil CY 73 130.00 9,490.00 24 Block Sod Replacement SY 1,450 47.00 68,150.00 25 Remove and Replace Inlet Top EA 12 9,700.00 116,400.00 26 Traffic Control MO 6 5,000.00 30,000.00 27 SWPPP ? 1 acre LS 1 5,000.00 5,000.00 28 HMAC Transition TN 13 260.00 3,380.00 29 Remove Conc Pvmt SY 500 39.00 19,500.00 30 Conc Pvmt Repair, Residential SY 310 122.00 37,820.00 31 2" Asphalt Pvmt Type D SY 2,454 21.00 51,534.00 32 2" Surface Milling SY 2,454 6.00 14,724.00 33 Construction Staking LS 1 9,000.00 9,000.00 34 Exploratory Excavation of Existing Utilities EA 10 3,000.00 30,000.00 35 Paving Construction Allowance LS 1 60,000.00 60,000.00 36 lAs-Built Survey (Red Line Survey) LS 1 5,000.00 5,000.00 1,316,558.00 5,916,688.00 u75ltvm - tS THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 KNOW ALL MEN BY THESE PRESENTS, that we Gra-Tex Utilities, Inc. as Principal, hereinafter called the Principal, and Hartford Fire Insurance Company a corporation duly organized under the laws of the State of Texas as Suretv. hereinafter called the Surety. are held and firmlv bound unto Citv of Fort Worth Obligee, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid- - - - - - - - - Dollars ($ 5% GAB ); for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Water and Sanitary Sewer Replacement, Contract 2020-WSM-A-Project No. 103361 (7218 Buxom Park). NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 1st day of September. 2023. Gra-Tex Utilities, Inc. A� (Pincip I - - (SeaQ - By J't \� 00,'I (Title) President Hartfo ire I surance Company (Surety) (Seal) f. J, H. Barr, (Title) Attorney -in -Fact AIA DOCUMENT A310 ® BID BOND T AIA®® FEBRUARY 1970 ED ® THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 Direct Inquiries/Claims to: THE HARTFORD BOND, T-11 POWER OF ATTORNEY HartfOne Plaza ord, Con erctcut06155 Bon d.Claims(ci)thehartford.com call. 888-266-3488 or fax: 860-757-5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: INSURICA DFB INSURANCE SVCS LLC Agency Code: 46-512482 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, uptotheamountof Unlimited : Jim H. Barr, Daniel F. Dacy III, Tracie Garner, Chris Holt, Paula C. Jones of ARLINGTON, Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. tear +..- � ISBT ,� • _ • fit. � � 9 ♦•tr :''�`+allec�'%� r�•l �+la70 eC t 97 R 79T9 ♦ 'fFD�, �!'. 1♦ • "4 �ICIlO1S 'Al11l1 Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. Jessica Ciccone 'OT f`oMy Commission HH 122280 Expires June 20, 2025 I, the undersigned, Assistant Vice President 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 is still in full force effective as of lst day of September,. 2023 Signed and sealed in Lake Mary, Florida. V ♦ wrM i y. �':`.a..11rur�` •s�NH :,; toTY o U79 g L9T9 '•j� ♦"�xq v J}I!~. 1♦�I' ♦ '�IiIIOIS .S �'gI1hN •t \ /i Keith D. Dozois, Assistant Vice President IMPORTANT NOTICE To obtain information or make a complaint: You may contact your Agent. You may call The Hartford's Consumer Affairs toll -free telephone number for information or to make a complaint at: 1-800-451-6944 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www. tdi. texas.gov E-mail: ConsumerProtection@tdi. texas. Qov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may, contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ./TX4275-1 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. 2 BIDDER: Gra-tex END OF SECTION By: Rex Heflin 4 4- kignature) Title: Estimator/PM Date: 9/14/2023 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Bid Proposal Workbook 2023.09.05.xlsx 004511-1 BIDDERS PREQUALIFICATIONS Page] of3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalif]ed 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 prequalif]ed 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 prequalif]ed 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 31st 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 f]rm'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. 3I (1) The f]rm'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/taxi)ermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The f]rm's e-mail address and fax number. 37 (3) The f]rm'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 WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised August 13, 2021 City Project No. 103359 004511-2 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 WORTII WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised August 13, 2021 City Project No. 103359 004511-3 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 WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-13 Revised August 13, 2021 City Project No. 103359 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Water Distribution, Urban and Renewal, 12-inch diameter and smaller Sewer CIPP, 12-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Pipe Enlargement, 12- inches and smaller rAbNndn rdvuly Construction/Reconstruction (LESS THAN 15,000 Square Vorrlo\ Contractor/Subcontractor Company Name Gra-Tex Utilities Inc. N/A Gra-Tex Utilities Inc. 4Excel Advanced Paving Prequalification Expiration Date The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Gra-Tex Utilities Inc. By: Rex Heflin 7218 Bloxom Park Rd. 0 ( nature) 0 Title: Estimator/PM Date: Q-l`I y 20Z3 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 Bid Proposal Workbook 2023-09.05.xlsx FORT WORTH,.. SECTION 00 45 13 PREQUALIFICATION APPLICATION Date of Balance Sheet Name under which you wish to qualify Post Office Box Street Address (required) ( 1 Telephone Mark only one: City City Fax Individual Limited Partnership General Partnership Corporation Limited Liability Company State State Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) Zip Code Zip Code Email/mail this questionnaire along with financial statements to the appropriate group below. A separate submittal is required for water/sewer, paving, and lighting: Work Category — Water Dept - Water/sewer Work Category — TPW Paving Work Category — TPW Ped/Rdwy Lighting john.kasavich@FortWorthTexas.gov TPW—Prequalification@fortworthtexas.gov clint.hoover@fortwordftxas.gov Fort Worth Water Department Engineering and City of Fort Worth Transportation and Public City of Fort Worth TPW Transportation Fiscal Services Division 200 Texas St. Fort Works Dept. 3741 SW Loop 820, Fort Worth, Management Attn: Clint Hoover, P.E. 5001 Worth, TX 76102 TX 76133 Attn: Alicia Garcia James Ave. Fort Worth, TX 76115 *Financial Statements must be mailed. Mark the envelope: "Bidder Prequalification Application" 0045 13 - 2 BIDDER PREQUALIFICATION APPLICATION Page 2 of g BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable — Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. Select major work categories for which you would like to be prequalified (City may deem you are not qualified for selected category or may approve you at a lesser size/length and maximum size may not be listed specifically under a major work category): MAJOR WORK CATEGORIES Water Department _ Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater i Tunneling — 36-Inches — 60 —inches, and 350 LF or less _ Tunneling - 36-Inches — 60 —inches, and greater than 350 LF Tunneling — 66" and greater, 350 LF and greater _ Tunneling — 66" and greater, 350 LF or Less _ Cathodic Protection _ Water Distribution, Development, 8-inch diameter and smaller _ Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller _ Water Distribution, Urban and Renewal, 12-inch diameter and smaller _ Water Transmission, Development, 24-inches and smaller _ Water Transmission, Urban/Renewal, 24-inches and smaller i Water Transmission, Development, 42-inches and smaller _ Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes _ Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches — 36-inches Sewer Bypass Pumping 42-inches and larger _ CCTV, 8-inches and smaller _ CCTV, 12-inches and smaller _ CCTV, 18-inches and smaller CCTV, 24-inches and smaller CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No. 103359 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED CCTV, 42-inches and smaller _ CCTV, 48-inches and smaller _ Sewer CIPP, 12-inches and smaller _ Sewer CIPP, 24-inches and smaller _ Sewer CIPP, 42-inches and smaller _ Sewer CIPP, All Sizes _ Sewer Collection System, Development, 8-inches and smaller _ Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller _ Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning, 42-inches and smaller Sewer Cleaning, All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less _ Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) _ Asphalt Paving Heavy Maintenance (UNDER $1,000,000) _ Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards)* Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER)* Roadway and Pedestrian Lighting NOTE *There is not a prequalification requirement for installation of concrete sidewalk, curb & gutter, driveways, and panel replacement, only on concrete street / ROW paving CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised August 13, 2021 City Project No. 103359 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub -Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY -COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6. Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7. Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised August 13, 2021 City Project No. 103359 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised August 13, 2021 City Project No. 103359 CORPORATION BLOCK If a corporation: Date of Incorporation Charter/File No. President Vice Presidents Secretary Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Officers or Managers (with titles, if any) 0045 13 - 6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 PARTNERSHIP BLOCK If a partnership: State of Organization Date of organization Is partnership general, limited, or registered limited liability partnership? File No. (if Limited Partnership) General Partners/Officers Limited Partners (if applicable) Individuals authorized to sign for Partnership Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No. 103359 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. ITEM QUANTITY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various - ITEM DESCRIPTION BALANCESHEET VALUE TOTAL CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 202I WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No. I03359 0045 13 - 8 BIDDER PREQUALIFICXTION APPLICATION Page of BIDDER PRE QUALIFICATION AFFIDAVIT STATE OF k-5 COUNTY OF 7a-CFCI ` The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given, that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract, and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. v-v.w�`- , bein dul sworn, deposes and says that he- / is the 01 (ee f' t aSII c or re- -*,e)c ►O, I y , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Finn Name: rG- -" (C'- LAT7 V 1 1 Signature: <.0. �2K-- Sworn 1 before me this 1� !- day of -7-02Y :° � NotaryID 9128160968 v My Commission Expires Notary Public ?a � April 5, 2026 Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised August 13, 2021 City Project No. 103359 0045 13 - 8 BIDDER PREQUALIFICATION APPLICATION Pave 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF e-,4 6,5 COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. 4` oskfA G.V.Qs^ _ , beino duly sworn, deposes and says that he,/she is the V) 1 C � e51d Qnc, of 6ro ''r,e-,e (� 1 M c s , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: ��rG-_ (L'X- O.0 Signature: Sworn to before me this day of Art,kOA-rZ 2C 2 y GREG STEVEN HUGDAHL Notary ID #128160988 v My Commission Expires April 5, 2026 Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 WATER AND SAN)TAR1' SERER REPLACINIENT CONTRACT 2020 WSM-B City Project No. 103359 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 2 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 [Text in Blue is for information or guidance. Remove all blue text in the project final document.] 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 103359 Water and Sanitary Sewer Replacements Contract 2020. WSM-B. Contractor 7 further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will 8 provide to City its subcontractor's certificates of compliance with worker's compensation 9 coverage. 10 11 CONTRACTOR: 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 �r6,.— I e.�C U14 t l�t �s ! BY: Seel .� f \05t'4,...wn-- Company (Please Print) P6 60 Y. 1035 Signature: Address ketiAeL Tx •74 0 G O City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § Title: IJI C e (Please Print) BEFORE ��jj E, the }�ndersig%d authority, on this day personally appeared hu�G�On f6f?cY"e\ , 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 LA-Ti i '!2 , \ c. - for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -JOLr.:r , 20Z � 6� S, flu#a 4� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 day of oc�a+P� GREG STEVEN HUGDANL r Notary ID #1281609158 My Commission Expires April 5, 2026 ' WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-8 City Project No. 103359 004526-2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 2 of 2 �Cr�Yr o1►rY°4s GREG STEVEN HUGDAHL Notary ID #128160988 My Commission Expires Q or April 5, 2026 a ' Notary ubl in and fort State of Texas 4 5 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No. 103359 004540-1 Business Equity Goal Page 1 of 3 1 SECTION 00 45 40 2 Business Equity Goal 3 [Text in Blue is for information or guidance. Remove all Blue text in the project final document] 4 [This document is to be printed on "pink" paper in its final form] 5 APPLICATION OF POLICY 6 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 7 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 8 (M/WBEs). 9 10 POLICY STATEMENT 11 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 12 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 13 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 14 2020 (codified at: https://codelibrarv.amleRal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply 15 to this bid. 16 17 BUSINESS EQUITY PROJECT GOAL 18 The City's Business Equity goal on this project is 9% of the total bid value of the contract (Base bid 19 applies to Parks and Community Services). 20 21 METHODS TO COMPLY WITH THE GOAL 22 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 23 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 24 ordinance through one of the following methods: 1. Commercially useful services performed by a 25 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination of 26 Business Equity prime services and Business Equity subcontracting participation, 4. Business Equity 27 Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. Prime 28 contractor Waiver documentation. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 32 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 33 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City business 34 day after the bid opening date, exclusive of the bid opening date. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised October 27, 2021 City Project No. 103359 004540-2 Business Equity Goal Page 2 of 3 1 2 The Offeror must submit one or more of the following documents: 3 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 4 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if participation is 5 less than stated goal, or no Business Equity participation is accomplished; 6 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform all 7 subcontracting/supplier opportunities; or 8 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 9 Protege participation. 10 11 These forms can be found at: 12 Business Equity Utilization Form and Letter of Intent 13 httos://apes.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Business Equity Utilization 14 Form DVIN 2022 220324.pdf 15 16 Letter of Intent 17 https://apps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 18 2021.pdf 19 20 Business Equity Good Faith Effort Form 21 htti)s://apps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort Form DVIN 22 2022.0f 23 24 Business Equity Prime Contractor Waiver Form 25 https://apps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 26 Waiver-220313.0f 27 28 Business Equity Joint Venture Form CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised October 27, 2021 City Project No. 1033S9 004540-3 Business Equity Goal Page 3 of 3 1 https://apes.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint 2 Venture 220225.pdf 3 4 5 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE 6 BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. 7 9 FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUTY DOCUMENTATION OR OTHERWISE COMPLY 10 WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON -RESPONSIVE, THE BID 11 REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF 12 THE ORDINANCE. 13 14 For Questions, Please Contact The Business Equity Division of the Department of Diversity and 15 Inclusion at (817) 392-2674. 16 END OF SECTION 17 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised October 27, 2021 City Project No. 103359 005243-1 Agreement Page 1 of 8 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on .1I4O/4A3 , 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 —Lalx: it, �i l I UI �c iNX, , 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: WATER AND SANITARYSEWER REPLACEMENT CONTRACT 2020 WSM-8 Citv Project No. 103359 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract ive Million Nine Hundred Sixteen Thousand Six Hundred Eigh Ei a Documents an amount, in current funds, J bo ars ).Contract price maybe 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 400 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. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-0 Revised 8/22/2022 Clty Project No. 103359 005243-2 Agreement Page 2 of 8 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 Eiqht Hundred and Forty Dollars 6 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. 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 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised 8/22/2022 City Project No. 103359 005243-3 Agreement Page 3 of 8 3, General Conditions, 4. Supplementary Conditions, 5. Specifications specifically made apart 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. no •CCaiZR 8. Documentation submitted by Contractor prior to Notice of Award. 9. 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 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 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. 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 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-8 Revised 8/22/2022 City Project No. 103359 005243-4 Agreement Page 4 of 8 damages beins sought were caused, in whole or in aart, by anv act, omission or net?li:?ence of the city. 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. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised 8/22/2022 City Project No. 103359 005243-5 Agreement Page 5 of 8 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. 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 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-8 Revised 8/22/2022 City Project No. 103359 005243-6 Agreement Page 6 of 8 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. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-8 Revised 8/22/2022 City Project No. 103359 005243-7 Agreement Page 7 of 8 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 (1-9). 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, CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised 8/22/2022 City Project No. 103359 00 52 43 - 8 Agreement Page 8 of 8 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: Signatures lt` V6\,k1-Vrt— (Printed Name) ()X, Title Address e c — City/State/Zip /— // '—O / Date -76660 City of Fort Worth By: mtd!f641�fGS€sn Dana Burghdoff Assistant City Manager Jan 30, 2024 Date Attest: Jannefte Goodall, City Secretary '•J (Seal) M&C: 23-1008 Date: _11/28/2023 Form 1295 No.: 2023-1088953 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. I on Torrance ject Manager Approved as to Form and Legality: oai.a UM n,am. um c:n Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: C,ph,, bier Nsv^r7er Christopher l{ar r(lan ]I, id]�11:4�CST) Christopher Harder, Pr E. Director Water Department CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS WATER AND SANITARY SEWER Revised 08/22/2022 REPLACMENT CONTRACT 2020 WSM-B City Project No. 103359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 006113-1 PERFORMANCE BOND Page 104 SECTION 00 6113 PERFORMANCE BOND BOND No. 46BCSIT9180 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Gra-Tex Utilities, Inc. , known as "Principal' herein and Hartford Fire Insurance Company , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the FIVE MILLION NINE HUNDRED SIXTEEN penal sum of, TT401TSAND STX HITNTIRRED FTC;THTY FTCHT Dollars ($ 5,916,688 and 00/100 centl, lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 27th day of December , 20 23 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020 WSM-B, City Project No. 103359. 24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 25 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 26 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 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised July 1, 2011 City Project No.103359 00 6113 - 2 PERFORMANCE BOND Page 2of4 1 extension of the Contract that may be granted on the part of the City, then this obligation shall 2 be and become null and void, otherwise to remain in full force and effect. 3 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 4 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 5 Worth Division. 6 This bond is made and executed in compliance with the provisions of Chapter 2253 of 7 the Texas Government Code, as amended, and all liabilities on this bond shall be determined in 8 accordance with the provisions of said statue. 9 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this 10 instrument by duly authorized agents and officers on this the 27th day of December 11 20 23 . 12 13 14 15 16 17 18 19- 20 21 ATTEST: 22 23 24 25 (Principal) Secretary 26 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 PRINCIPAL: Gra-Tex Utilities, Inc. BY: Signature M. Sheldon Rosenbaum, Vice President Name and Title WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No. 103359 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 Witness as to Principal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 00 6113 - 3 PERFORMANCE BOND Page 3 of 4 Address: PO Box 1038 Kennedale, TX 76060 SURETY: Hartford Fire Insurance Company BY: 7 ure Jim H. Barr, Attorney -In -Fact Name and Titie Address: 500 W. 7th Street, Suite 1800 Fort Worth, Texas 76102 WATER AND SANITARY SEWER REPIACMENT CONTRACT 2020 WSM-B CRY Project No.103359 1 2 3 4 5 6 7 8 9 10 Witness as to Mrety Telephone 817-261-1101 006113.4 PERFORMANCE BOND Page 4 of 4 Number: *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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No. 103359 1 2 3 4 5 6 VA 8 9 10 11 12 13 14 15 16 17 SECTION 00 6114 PAYMENT BOND THE STATE OF TEXAS § 00 6114 - 1 PAYMENT BOND Pagel of S Bond No. 46BCSIT9180 KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Gra-Tex Utilities, Inc. known as "Principal" herein, and Hartford Fire Insurance COmD1anv a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas known as "City" herein, FIVE MILLION NINE HUNDRED SIXTEEN in the penal sum of THmTCANp SIX HUNnRF.n FTGHTY FT(;HT Dollars ($ 5,916,688 and 00/100 cent, lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 27th day of December 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, 21 equipment, labor and other accessories as defined by law, in the prosecution of the Work as 22 provided for in said Contract and designated as WATER AND SANITARY SEWER REPLACEMENT 23 CONTRACT 2020 WSM-B, City Project No. 103359. 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall 25 pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of 26 the Texas Government Code, as amended) in the prosecution of the Work under the Contract, 27 then this obligation shall be and become null and void; otherwise to remain in full force and 28 effect. CITY OF FORT WORT WATER AND SANTEARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised July 1, 2011 City Project No. 103359 1 2 3 4 006114-2 PAYMENT BOND Page 2 of 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM•B City Project No.103359 00 6114 - 3 PAYMENT BOND Page 3 of 4 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 27th day of 3 December 20 23 4 ATTEST: (Principal) Secretary Witness as to Principal ATTEST - CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2012 PRINCIPAL: Gra-Tex Utilities, Inc. Signature A Sheldon Rosenbaum, Vice -President Name and Title Address: PO Box 1038 Kennedale, TX 78060 SURETY: Hartford Fire Insurance Company--- //4 (//1 BY- Sig�ure i WATER AND SANITARY SEWER t REPLACMENT CONTRACT 2020 WSM-8 I City Project No.103359 1 2 3 4 5 6 7 8 (Surety) Secretary 6D Witness as to urety 006114-4 PAYMENT BOND Page 4 of 4 Jim H. Barr, Attorney -in -Fact Name and Title Address: 500 W. 7th Street, Suite 1800 Ft. Worth, TX 76102 Telephone Number: 817-261-1101 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF TORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No. 103359 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 006119-1 MAINTENANCE BOND Page 1 of 4 SECTION 00 6119 MAINTENANCE BOND Bond No. 46BCSIT9180 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we_Gra-Tex Utilities, Inc. , known as "Principal" herein and Hartford Fire Insurance Company, a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City' herein, in the sum FIVE MILLION NINE HUNDRED SIXTEEN THOUSAND SIX HUNDRED EIGHTY EIGHT THOUSAND Dollars ($5,916,688 and 00/100), lawful money 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 the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the _27th_ day of December 2023 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work') as provided for in said contract and designated as WATER AND SANITARYSEWER REPLACEMENT CONTRACT 2020 WSM-6, City Project No,103359; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July1, 2011 WATER AND SANITARY SEWER REPLACMENT CONTRACT 2020 WSM-B City Project No. 103359 00 6119 - 2 MAINTENANCE BOND Page 2 of 4 1 remain free from defects in materials or workmanship for and during the period of two (2) years 2 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 3 4 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 5 receiving notice from the City of the need therefor at any time within the Maintenance Period. 6 7 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 8 any defective Work, for which timely notice was provided by City, to a completion satisfactory to 9 the City, then this obligation shall become null and void; otherwise to remain in full force and 10 effect. 11 12 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 13 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 14 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal 15 and the Surety under this Maintenance bond; and 16 17 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall Ile in 18 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 19 Worth Division; and Pill 21 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 22 recoveries may be had hereon for successive breaches. 23 24 25 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCrION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised July 1, 2011 CIty Project No. 103359 006119-3 MAINTENANCE BOND Page 3 of 4 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 27th day of December 3 20 23 , 4 5 6 7 8 9 10 11 12 13 14 ATTEST: 15 / 16 17 18 (Principal) Secretary 19 20 21 22 23 24 25 26 27 Witness as to Principal 28 29 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 i01►N1I " Gra-Tex Utilities, Inc. /�ffs'z� BY: Signature M. Sheldon Rosenbaum, Vice President Name and Title Address: P.O. Box 1038 Kennedale, TX 76060 SURETY: Hartford Fire Insurance Company WATER AND SANITARY SEWEf' REPLACMENT CONTRACT 2020 WSM-B CIty Project No.103359 00 61 19 - 4 MAINTENANCE BOND Page 4 of 4 1 2 3 4 BY: 5 i. " 1; — 6 �'T gigat�` e 7 8 Jim H. Barr, Attorney -in -Fact 9 10 ATTEST: Name and Title 11 12 Address: 13 14 (Surety) Secretary 550 W. 7th Street, Suite 1800 15 16 Fort Worth, Texas 76102 17 18 (� 19 Witness as to Surety Telephone Number: 20 817-261-1101 21 22 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 23 from the by-laws showing that this person has authority to sign such obligation. If 24 Surety's physical address is different from its mailing address, both must be provided. 25 The date of the bond shall not be prior to the date the Contract is awarded, 26 CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised July 1, 7011 City Project No.103359 POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: INSURICA DFB Agency Code: 4 6 - 5124 82 Direct Inquiries/Claims to: THE HARTFORD BOND, T-11 One Hartford Plaza Hartford, Connecticut 06155 Bond.Claimsna thehartford.com call: 888-266-3488 or fax: 860-757-5835 INSURANCE SVCS LLC 0 Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the "Companies") do hereby make, constitute and appoint, up to the amount of Unlimited : Jim H. Barr, Daniel F. Dacy III, Tracie Garner, Chris Holt, Paula C. Jones of ARLINGTON, Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. �Trl�� '�) {wilts � • . Y ��•� 0 g •• �:etw.s..;` : IoOt ,_{`� 3-'�r°°R°'.?er:° o • r ,fir ( :�, a.r eM'!� � ••N{M' '1 sF ID79 Q• tY?0 � 'i'o_ 79'/9 Shelby Wiggins, Assistant Secretary Joelle L. LaPierre, Assistant Vice President STATE OF FLORIDA ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May, 2021, before me personally came Joelle LaPierre, to me known, who being by me duly sworn, did depose and say: that (s)he resides in Seminole County, State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that (s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that (s)he signed his/her name thereto by like authority. �• Jessica Ciccone _v .I dP. My Commission HH 122280 " ` Expires June 20, 2025 I, the undersigned, Assistant Vice President 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 is still in full force effective as of 27th day of December,. 2023 Signed and sealed in Lake Mary, Florida. arP'�0jrioip ='t s w _i issz :• a � �,*V►� ��+•.��.Ka1, � hsu+' �.,,11D40 �€E �Y79 � 4 7979 t Keith D. Dozois, Assistant Vice President IMPORTA14T NOTICE To obtain information or make a complaint: You may contact your Agent. You may call The Hartford's Consumer Affairs toll -free telephone number for information or to make a complaint at: 1.800-451-6944 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www. tdi. texas. Qov E-mail: ConsumerProtection@tdi. texas. Qov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may, contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. ./TX4275-1 POLICY NUMBER: CPP100074339-01 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II —Who, Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured; or c. "Your work" performed for the additional insured and included in the "products -completed operations hazard" if such coverage is specifically required in the written contract or agreement. With respect to liability of the additional insured for "bodily injury" of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured; CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy POLICY NUMBER: CPP100074339-01 COMMERCIAL GENERAL LIABILITY CGL 121 (0221) c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit' that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit' to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage' resulting from the use of reasonable force to protect persons or property. 2. Non -owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage' in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage' means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence' that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I —COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage' caused by an "occurrence', to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE, 2. Exclusions This insurance does not apply to: 'Property Damage' to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage' arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product' arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard"; e. Motor vehicles; f. "Your product' arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your product' incurred because of a "product withdrawal' to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product', "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a "seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit', including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage' or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products -completed operations hazard". i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organ ization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to liability for "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2, is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard'; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.; and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one `occurrence" is $1,000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence' or an offense which may result in a claim. This requirement applies only when the "occurrence' or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee') or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence' or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence' or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence' or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee') or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence' to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence' to us at the time of the "occurrence' shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence' to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 14 Copyright 2020 FCCI Insurance Group Insured Copy COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 14 Copyright 2020 FCCI Insurance Group Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060 (07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy t .-..X t a uu WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/15/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001151650 of Texas Mutual Insurance Company effective on 12/15/23 Issued to: GRA-TEX UTILITIES INC NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 Authorized representative t 2m22 WC420304B 10- - _eX2SMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: CITY OF ARLINGTON 101 ABRAMS ST ARLINGTON, TX 76004 US This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/15/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001151650 of Texas Mutual Insurance Company effective on 12/15/23 Issued to: GRA-TEX UTILITIES INC &Le This is not a bill Authorized representative NCCI Carrier Code: 29939 12/7/22 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 06 01 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCT ION SPECIFICATION DOCUMENTS Revision: &232021 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology.......................................................................................................... 1 1.01 Defined Terms...............................................................................................................................1 1.02 Terminology.................................................................................................................................. 6 Article2 — Preliminary Matters......................................................................................................................... 7 2.01 Copies of Documents.................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work.......................................................................................................................... 8 2.04 Before Starting Construction........................................................................................................ 8 2.05 Preconstruction Conference.......................................................................................................... 8 2.06 Public Meeting.............................................................................................................................. 8 2.07 Initial Acceptance of Schedules.................................................................................................... 8 Article 3 — Contract Documents: Intent, Amending, Reuse............................................................................ 8 3.01 Intent.............................................................................................................................................. 8 3.02 Reference Standards...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................ 11 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5 — Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6 — Contractor's Responsibilities ........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23/2021 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule.......................................................................................................................... 21 6.05 Substitutes and "Or-Equals"....................................................................................................... 21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................... 24 6.07 Wage Rates.................................................................................................................................. 25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 P ermits and Utilitie s.................................................................................................................... 27 6.10 Laws and Regulations................................................................................................................. 27 6.11 Taxes........................................................................................................................................... 28 6.12 Use of Site and Other Areas....................................................................................................... 28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection.................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communication Programs............................................................................................. 30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals.................................................................................................................................... 31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee.......................................................................... 32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination.......................................................................................................................35 Article 7 - Other Work at the Site ....................................... 7.01 Related Work at Site ....................................... 7.02 Coordination.................................................... ............................. 35 ............................ 35 .......................... 36 Article 8 - City's Responsibilities................................................................................................................... 36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................ 36 8.03 Pay When Due............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders............................................................................................................................. 36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition.................................................................... 37 8.09 Compliance with Safety Program...............................................................................................37 Article 9 - City's Observation Status During Construction........................................................................... 37 9.01 City's Project Manager............................................................................................................ 37 9.02 Visits to Site................................................................................................................................ 37 9.03 Authorized Variations in Work.................................................................................................. 38 9.04 Rejecting Defective Work.......................................................................................................... 38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITY OF FORT WORTH STANDARD CONSTRU CT ION SPECIFICATION DOCUMENTS Revision: 82MI Article l8- Changesiuthe Work; Claims; Extra Work ................................................................................ 38 |C[OlAuthmrbmed Changes6mthe Work ............................................................................................... 30 10.02 Unauthorized Changes iuthe Work ........................................................................................... 39 10[83 Execution of Change Orders ....................................................................................................... 39 l&A4Extra Work .................................................................................................................................. 39 lC[85Notification to Surety .............................................. ................................................................... 39 Article D -CoatofthoWonk; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 4| |LAl Cost ofthe Work ......................................................................................................................... 4l 11.02 Allowances .................................................................................................................................. 43 11.03lJuit Price Work .......................................................................................................................... 44 11.04Pbaus Quantity Measurement ---'--'--''.-'------------------_-45 Article l2- of{�uob�otPdo�' of{�oob��t7�oo 46 -'_-�� ,_'_-�� --------------��''�'�''�'�'' 12.01 Change ofContract Price ............................................................................................................ 46 12-02 Change ofContract Time ............................................................................................................ 47 12.03 Delays .......................................................................................................................................... 47 Article |3-Tests and ; Correction, Removal nrAcceptance ofDefective Work ...................... 48 l3.8}Notice ofDefects ...................... ................................................................................................. 48 l3.02Access toWork ........................................................................................................................... 40 l3.03Tests and Inspections .................................................................................................................. 48 13.04 Uncovering Work .---.---''.-'---'.-'--''.-''.-'-'.'-------'-'--'-'49 l3.U5City May Stop the Work ............................................................................................................. 4A 13.06 Correction o«Removal mfDefective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance ofDefective Work ................................................................................................... 5l Article l4-Payments tmContractor and Completion ---.------------------------.52 l4.0lSchedule ufValues ...................................................................................................................... 52 14.02 Progress Payments -----.'--'--'—.---------------------.-'-'52 14.03Cou1ractor`8 Warranty ofTitle ................................................................................................... 54 1L04Partial Utilization ........................................................................................................................ 55 l4.05Final Inspection ........................................................................................................................... 55 ]4.0hFinal Acceptance ......................................................................................................................... 55 l4.07Final Payment ------.----------------------------------..5b 14.88 Final Completion Delayed and Partial Retainage Release ........................................................ 5b Article l5- Suspension ofWork and Termination ........................................................................................ 57 15.01City May Suspend Work.--------'-----------------------'--. 57 l5.U2City May Terminate for Cause ................................................................................................... 50 Article 16 Dispute Resolution ................................. CITY orFORT WORTH oTsNnAuocmmTxncrmn msnIFocxnom nocnmF.NTa ................................................................ ............... 6| ----'--'--'--------------'bl Article l7— Miscellaneous ............................................ \7.0\ Giving Notice ............................................ 17.02 Computation ofTbocu---------' 17.03 Cumulative Rcouedieu----------. 17.04 Survival of ---------' 17.05 Headings ---------'------' CITY opFORT WORTH STANDARD coNSrxncrION SPECIFICATION oocomswru --------'------'------'--62 -------------------'------62 ---------------'---------'62 ----'---'---------------.62 .............................................................................._63 _________________________63 007200-1 GENERAL CONDITION S 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. CITYOF FORT WORTH STANDARD CONSTRU CTION SPECIFICATION DOCUMENTS Revision: 9'23/2021 007200-1 GENERAL CON ITIONS Page 2 of 63 12. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City— The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract —The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor —The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTII STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/2021 007200-1 GENERAL CON ITIONS 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 Mater 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: 8/232021 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: 8232021 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 STANDARDCOVSTRUCTION SPECIFICATION DOCUMENTS Revision: 9232021 007200-1 GENERAL CONDITION S 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 Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours —Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or lega 1 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 1.02.13 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/232021 007200-1 GENERAL CONDITION S Page 7 of 63 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 nun 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 CONSTRU CTION SPECIFICATION DOCUMENTS Revision: 8/LMI 007200-1 GENERAL CONDITION S 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 ofSchedides 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 varyin form, format and style. Some Specification sections maybe 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 STAN-IDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 80=1 007200-1 GENERAL CONDITION S 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 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: 92MI 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: 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8,232021 007200-1 GENERAL CONDITION S Page 1 I of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's on-line electronic document management and collaboration system site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRU CT ION SPECIFICATION DOCUMENTS Revision: 8/23/ I 007200-1 GENERAL CONDITION S 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: I. 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 CONST RU CT ION SPECIFICATION DOCUMENTS Revision: 8/232021 007200-1 GENERAL CONDITION S Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract, or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated.- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown 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&23r1021 007200-1 GENERAL CONDITION S 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 w ill 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 CIT Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 923/2021 00 '72 00 -1 GENERAL CONDITION S 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 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 createdby Contractororby anyoneforwhom Contractoris responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &73/ I 007200-1 GENERAL CONDITION S 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 maybe provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates oflnsurance 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 CONSTP UCTIO N SPECIFICATION DOCUMENTS Revision: 8&23/2021 007200-I GENERAL CONDITION S 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 line s of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/2MI 007200-1 GENERAL CONDITION S 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 CONST RU CT ION SPECIFICATION DOCUMENTS Revision: 823/ 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 Bondsandlnsurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 GENERAL CONDITION S 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: 8/2MI 007200-1 GENERAL CONDITION S 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: 823/2021 007200-1 GENERAL CONDITION S 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 CONSTRUCTIO Ni SPECIFICATION DOCUMENTS Revision: 923/ 1 007200-1 GENERAL CONDITION S 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 orProcedures: 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 directlyor indirectly employed by themfrom 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 STANDARDCONSTPUCTIOti SPECIFICATION DOCUMENTS Revision: 80MI 007200-1 GENERAL CONDITION S 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: 9123/ I 007200-I GENERAL CONDITION S 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 individua is 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. Penaltyfor 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 3lst day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 92M1 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: 8/7M1 007200-1 GENERAL CONDITION S 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 CONST RU CT ION SPECIFICATION DOCUMENTS Revision_ &232021 00 72 00 - I GENERAL CONDITION S 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: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. httvY/www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CFrYOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 923/2021 007200-I GENERAL CONDITION S 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8r23/2021 007200-1 GENERAL CONDITION S 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: 8/232021 007200-1 GENERAL CONDITION S 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 fiends 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 CONST RU MON SPECIFICATION DOCUMENTS Revision: 8,23/2021 007200-1 GENERAL CONDITION S 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: 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 Continuingthe 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: 8,232021 007200-1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE. AND BF FFFF,CTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR iN PART. BY ANY ACT, OMISSION OR NEGLIGENCE OF THE. CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out o> or alleged to arise out of, the work and se rvices 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: 03M] 007200-1 GENERAL CONDITIONS Page 34 of 63 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &73021 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 WORTI I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8r23MI 00 72 00 -1 GENERAL CONDITION S 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 923/2021 007200-1 GENERAL CONDITION S Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 82MI 007200-1 GENERAL CONDITION S Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS Revision: 8/23/ I 007200-1 GENERAL CONDITION S Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: @ 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 CONST RU CT ION SPECIFICATION DOCUMENTS Revision: 8r2MI 007200-I GENERAL CONDITION S Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claiin 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: 8/23/2021 00 72 00 - I GENERAL CONDITION S 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 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, 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: 8/23/2021 007200-1 GENERAL CONDITION S 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 inchiding the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &212021 00 '72 00 -1 GENERAL CON ITIONS 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: 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 11.01.A and 11.01.13, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &'23/2021 007200-1 GENERAL CONDITION S 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: 82'i2021 00 72 00 -1 GENERAL CONDITION S Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not representthe exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct anerror 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 WORTII STANDARD CONSTRU CT ION SPECIFICATION DOCUMENTS Revision: &732021 007200-1 GENERAL CONDITION S 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 12.01.13.2, 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 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.0l.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 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRU CTION SPECIFICATION DOCUMENTS Revision: 8Q3/2021 007200-1 GENERAL CONDITION S 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 11.01.13; 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: &232021 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23/2021 007200-1 GENERAL CONDITION S 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 beat Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8232021 007200-1 GENERAL CONDITION S Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/2021 007200-1 GENERAL CONDITION S 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 &23/2021 00 72 00 -1 GENERAL CONDITION S 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: 8/23/2021 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 may be 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: 8123/2021 007200-1 GENERAL CON ITIONS 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 Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: A232021 007200-1 GENERAL CONDITION S 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 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 8/23/2021 007200-1 GENERAL CONDITION S Page 56 of 63 14.07 Final Payment A. ApplicationforPayment: 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: &23/2021 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. CIT Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATIO?r DOCUMENTS Revision: &23/2021 007200-1 GENERAL CON ITIONS 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. 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: 823i2021 007200-1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages 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. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.13, 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: 8/232021 007200-1 GENERAL CONDITION S 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: 923/ I 007200-1 GENERAL CONDITION S 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 Proceditrar 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 final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/ZOZI 00 72 00 -1 GENERAL CONDITION S Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 —MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: 823/Z021 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 CONSTRU CT ION SPECIFICATION DOCUMENTS Revision: &23i102I 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 7 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS [Text in Blue is for information orguidance. Remove all blue text in the final project document.] Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01 A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of [None]: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL 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 WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised March 9, 2020 City Project No. 103359 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 7 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 [Month Day, Year this document was prepared] EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT <If there is none then write "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: 1, Laboratory Test Result for Booker T Street dated 2/19/2022. prepared by City of Fort Worth Capital Delivery Division/Soil Lab, providing additional information on Booker T Street. 2. Laboratory Test Result for CPN 103359 Coring Project dated 10/4/2022, prepared by City of Fort Worth Capital Delivery Division/Soil Lab, providing additional information on Hatcher Street, Reed Street, Birdell Street, Mount Horum Way, Rickenbacker Place and Stalcup Road. The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: [None] SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: [None] SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: Binkley & Barfield, Inc. (3) Other: [None] [Obtain approval for the limits shown for SC 5.04A thru 5.04D. from City before finalizing Contract Documents] SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised March 9, 2020 City Project No. 103359 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 7 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 The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250, 000 Bodily Injury per person / $500, 000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks [None]. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right -of -entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: $Confirm Limits with Railroad CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised March 9, 2020 City Project No. 103359 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 7 (2) Each Occurrence: $Confirm Limits with Railroad _ Required for this Contract X Not required for this Contract <Provide an `X" next to the appropriate selection above based on the Contract requirements> With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at -grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier <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: <List the prevailing wage rate tables) applicable to the type of construction being provided in this contract> A copy of the table is also available by accessing the City's website at: https:Hapes.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" CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RF,PLACMENT CONTRACT 2020 WSM-B Revised March 9, 2020 City Project No. 103359 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 7 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: <If none then write "None" - 1. <List all known permits or licenses that are being provided by the Contractor to TCEQ> 2. <List all other known permits or licenses that are being provided by the Contractor> 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: <If none then write "None ". 3. <List all known permits or licenses that are being provided by the City to TxDO7,> 4. <List all known permits or licenses that are being provided by the City to USACE> S. <List all known permits or licenses that are being provided by the City to TCEQ> 6. <List all known permits or licenses that are being provided by the City to Railroad> SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of [Month Day, Year this document was prepared]: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION <If there is none then write "None "> <Insert the following if Federal assistance is provided for in this Contract> 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. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RFPLACMENT CONTRACT 2020 WSM-B Revised March 9, 2020 City Project No. 103359 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 7 Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the City, or the Texas Department of Transportation, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this Contract, City shall impose such contract sanctions as it or the Texas Department of Transportation may determine to be appropriate, including, but not limited to: a. withholding of payments to the Contractor under the Contract until the Contractor complies, and/or b. cancellation, termination or suspension of the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as City or the Texas Department of Transportation may direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request City to enter into such litigation to protect the interests of City, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Additional Title VI requirements can be found in the Appendix. SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: <None> Vendor Scope of Work Coordination Authority SC-8.01, "Communications to Contractor" <Identify any specific communication coordination requirement and/or list any Section that requires such specific coordination requirement> SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Brenda Oropeza or his/her successor pursuant to written notification from the Director of Fort Worth Water Department. SC-13.03C., "Tests and Inspections" <List any tests and/or inspections that are required by another body ofjurisdiction being covered by the City, if none then write "None "> CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised March 9, 2020 City Project No. 103359 00 73 00 SUPPLEMENTARY CONDITIONS Page 7 of 7 SC-16.01C.1, "Methods and Procedures" <List any dispute resolution process that may govern for this Contract other than that provided for Article 16 of the General Conditions, if none then write "None'5 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. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. CITY OF FORT WORTH WATER AND SANITARY SEWER STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS REPLACMENT CONTRACT 2020 WSM-B Revised March 9, 2020 City Project No. 103359 tORT WORTH. Project. CPN# 102959 Date Tested: 2/15/2022 — 2/19/2022 Requested by: Tyler Hukill city of r'ort Worth Capital Delivery Division/Soil Lab 8851 Camp Bowie Blvd #300 Fort Worth, TX 76116 Laboratory Test Results for Booker T Street 2/ 19/2022 Phone: 817-392-7920 This report presents the results of a street coring project for CPN #102959. Mr. Stephen Overton and Mr. Daniel Wright performed the cores, and Mr. Zelalem Arega reviewed and approved the results. Booker T Street (Bethune Street to Stalcup Road) HOLE # 1 LOCATION: 100' West of Booker T St. / Stalcup Road Int. (W/4) 2.25" HMAC 8.75" Base material (Brown sand and rock) 5.00" Brown sandy clay (LL- 59, PL- 23, PI- 36) Shrinkage %: 15 HOLE # 2 LOCATION: 5401 Booker T Street (E/4) 2.50" HMAC 12.00" Flow able fill material HOLE #3 LOCATION: 5312 Booker T Street (W/4) 0.50" HMAC 4.00" Base material (Brown sand and rock) 11.50" Greyish brown shalely clay (LL- 43, PL- 17, PI- 26) Shrinkage '%: 10 Paae 1 of 1 tORT WORTHe Project: CPN# 103359 Date Tested: 10/4/2022 Requested by: Brenda Oropeza City of r ort Worth Capital Delivery Division/Soil Lab 920 Woodward Street Fort Worth, Texas 76107 Laboratory Test Results for CPN 103359 Coring Project 10/14/2022 Phone: 817-392-7920 This report presents the results of a street coring project for CPN #103359. Mr. Stephen Overton and Mr. Daniel Wright performed the cores, and Mr. Zelalem Arega reviewed and approved the results. ` Hatcher Street (East Berry Street to Wiman Drive) HOLE # 1 LOCATION: 3204 Hatcher Street (S/4) 6.00" HMAC 6.00" Base material (Brown sand with gravel and limestone fragments) 6.00" Brown and greyish brown sandy clay with gravel (LL- 37, PL- 14, PI- 23) HOLE # 2 LOCATION: 3317 Hatcher Street (N/4) 2.50" HMAC 9.50" Base material (Brown clayey sand with gravel) 6.00" Brown clay with gravel (LL- 46, PL- 15, PI- 31) HOLE # 3 LOCATION: 3500 Hatcher Street (S/4) 5.00" HMAC 4.00" Concrete (Broken) 7.00" Brown sandy clay with gravel and HMAC pieces LE#4 LOCATION: 3609 Hatcher Street (N/4) 5.00" HMAC 6.00" Base material (Brown clayey sand with gravel) 5.00" Brown clay with gravel (LL- 52, PL- 18, PI- 34) Paae 1 of 5 FO RT WORTH City of r' Delivery Worth Division/Soil � Capital Delivery Division/Soil Lab 920 Woodward Street Fort Worth, Texas 76107 HOLE # 5 LOCATION: 3625 Hatcher Street (S/4) 2.50" HMAC 6.00" Base material (Brown sand with gravel and limestone fragments) 7.50" Dark brown/brown sandy clay with gravel (LL- 39, PL-13, PI- 26) Reed Street (Village Creek Road to East Berry Street) HOLE # 1 LOCATION: 5008 Reed Street (E/4) Phone: 817-392-7920 3.25" HMAC 8.75" Base material (Brown clayey sand with gravel and limestone fragments) 4.00" Brown clay (LL- 48, PL- 14, PI- 34) HOLE # 2 LOCATION: 5059 Reed Street (W/4) 3.00" HMAC 9.00" Base material (Brown sand with gravel and limestone fragments 4.00" Brown sand with limestone fragments (No PI) I HOLE # 3 LOCATION: 5108 Reed Street (E/4) 3.00" HMAC 7.00" Base material (Brown sand with gravel and limestone fragments) 6.00" Brown clay wit limestone fragments (LI,- 44, PL- 15, PI- 29) HOLE # 4 LOCATION: 5129 Reed Street (W/4) 3.00" HMAC 6.00" Base material (Brown sand with gravel and limestone fragments) 7.00" Dark brown/ yellowish brown clay with gravel (LL- 36, PL- 14, PI- 22) Birdell Street (Carol Avenue to Ramey Avenue) I Paqe 2 of 5 TORT WORTH City of r iv ii worth C Capital Delivery Division/Soil Lab 920 Woodward Street Fort Worth, Texas 76107 HOLE # 1 LOCATION: 2402 Birdell Street (S/4) 2.75" HMAC 9.25" Concrete (2773 PSI) 4.00" Brown sandy clay with gravel (LL- 40, PL- 13, PI- 27) HOLE # 2 LOCATION: 2420 Birdell Street (S/4) 1.00" HMAC 10.00" Concrete (7398 PSI) 5.00" Brown clay (LL- 47, PL-16, PI- 31) HOLE # 3 - - - — LOCATION: 2510 Birdell Street (S/4) 7.25" HMAC 4.75" Base material (Brown clayey sand with gravel) 4.00" Brown sandy clay with gravel (LL- 39, PL- 14, PI- 25) Mount Horum Way (Turner Street to Cox Street) HOLE # 1 LOCATION: 100' South of Turner Street (S/4) 5.50" Concrete (5237 PSI) 10.50" Dark brown/ brown sandy clay (LL- 56, PL- 16, PI- 40) HOLE # 2 LOCATION: 3612 Mount Horum Way (N/4) 4.75" Concrete (7331 PSI) 11.25" Dark brown clay (LL- 31, PL- 13, PI- 18) Rickenbacker Place (Stalcup Road to Carverly Drive) Phone: 817-392-7920 I I I 4 3 if 5 FORT WORTH City of r Delivery worth p Capital Delivery Division/Soil Lab 920 Woodward Street Fort Worth, Texas 76107 HOLE # 1 LOCATION: 5509 Rickenbacker Place (E/4) Phone: 817-392-7920 4.00" HMAC 8.50" Base material (HMAC, limestone fragments and brown sand) 3.50" Dark brown sandy clay with limestone fragments (LL- 47, PL- 14, PI- 33) HOLE # 2 LOCATION: 5529 Rickenbacker Place (W/4) 3.50" HMAC 6.50" Base material (Brown clayey sand with gravel and limestone fragments) 6.00" Brown clay with reddish brown sand (LL- 49, PL- 18, PI- 31) HOLE # 3 LOCATION: 5600 Rickenbacker Place (E/4) 7.25" Concrete (6651 PSI) 5.00" Brown sandy clay with limestone fragments 4.75" Dark brown clay (LL- 55, PL- 16, PI- 39) HOLE # 4 LOCATION: 5629 Rickenbacker Place (W/4) 6.50" Concrete (5528 PSI) 5.50" Base material (Brown clayey sand with limestone fragments) 4.00" Dark brown clay (LL- 57, PL- 16, PI- 41) HOLE # 5 LOCATION: 5648 Rickenbacker Place (E/4) 6.00" Concrete (5786 PSI) 6.00" Brown/ Dark brown sandy clay 6.00" Dark brown clad �� Stalcup Road (Eglin Street to Ramey Avenue) HOLE # 1 LOCATION: 200' North of Ramey Avenue (N/4) 9.25" HMAC 2.75" Brown sandy clay with limestone fragments 4.00" Dark brown clay with limestone fragments (LL- 44, PL- 14, PI. Paae 4 of 5 FORT WORTH. City of port Worth Capital Delivery Division/Soil Lab 920 Woodward Street Fort Worth, Texas 76107 HOLE # 2 LOCATION: 150' South of Rickenbacker Place (S/4) 10.50" HMAC 4.00" Brown sandy clay with limestone fragments and gravel 3.50" Brown sandy clay (LL- 46, PL- 15, PI- 31) HOLE # 3 LOCATION: 2200 Stalcup Road (N/4) 3.00" HMAC 7.00" Concrete (2322 PSI) 4.00" Limestone (crushed rock) 2.00" Brown clayey sand with limestone fragments (No PI) HOLE # 4 LOCATION: 2216 Stalcup Road (S/4) Phone: 817-392-7920 9.00" HMAC 7.00" Dark brown/ brown clay with limestone fragments (LL- 47, PL- 14, PI- 33) HOLE # 5 LOCATION: 2100 Stalcup Road (N/4) 10.00" HMAC 4.00" Base material (Brown sandy clay with HMAC and limestone fragments) 4.00" Dark brown clay with limestone fragments (LL- 56, PL-16, PI- 40) Paae 5 of 5 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2020, WSM-B CITY riKujECT NO. 103359 STREET BY S i QUANTITY DETERMINATION SPREAD Ntir, r, i i' � a 'M ,o a E• qq WW A W A N OC O A F�j C4 e ^ F a d a a C40 NCO U P4< L L O � G7 �. � W a G, �' � A �l VG - � � ri � Psi I. C� ►: W W F ri F-M W G r:. cOo�1� a W �w0C.a oaU� xa �aaaa x� w3a TEM BID LIST No UNIT ITEM DESCRIPTION CITY CITY CITY I UNIT Q I Y i UNI I CITY j UNIT CITY j UNI" 1 3305.0108 LS Utility Adius; ent 2 241.13 LF Remove Existinq Concrete Curb and Gutter 500 700 1,0 0 2,000 2,000 2,000 3 3216.0102 LF 6" Concrete Curb and Gutter 500 700 1 0 2,000 2,QQQ 2,0gQ 4 241.0401 SF Remove Existing Concrete Drivewav 1,500 1,000 1'0 0 5,500 2, ""U0 2,5b0 6 3213.0401 SF Install New 6-Inch Concrete Drivewav 1,500 1,000 1,0 6 5,500 2,500 2 500 7 241.01 SF Remove Concrete Sidewalk 1,000 0 0 100 500 ' 000 8 3213.0322 LF C� Crete Curb. :c of Sidewalk 200 0 0 0 0 9 3213.0311 SF 4' one Sidewalk, Iacent to Curb 500 0 6 0 200 0 10 3213.0301 SF 4" Concrete Sidewalk 460 0 0 100 200 1,000 11 241.0300 EA Remove Existing Wheelchair Ramp 6 0 2 2 7 7 12 9999.0002 EA Install New ADA Wheelchair Ramp (w/ detectable warning dome -tile 6 0 2 2 7 7 surface) 13 241.14 SY Remove Existing Concrete Vallev Gutter 0 0 30 30 120 30 14 3216.0302 SY Install New 7" Concrete Valley Gutter 0 40 30 30 120 30 1 241.17 S 11-Inch Pave ent Pulverization 2,200 2,200 2000 4,200 5,000 8 32 1.33 T cem-Lime Sta jlization alb 32Lbs/SY 35 35 �32 67 I 80 19 3123 101 CY Unclassified S reet Excavation 0 0 0 0 0 j 0 20 3212.0303 SY 3-Inch Surface Course Asphat , Type" D" 2,200 2,200 2,000 4,200 5,000 24 3217.011 1 LF Preformed Nrn DI gtj� Contrast Markings - 6" DOT (Y) 1,220 0 0 0 0 0 29 3217.210 EA ff-FL Raised Marker Y II -A -A 50 0 0 0 0 0 31 3305.0111 EA Water Valve Bo Ad( ept with Concrete Collar 2 2 3 6 6 34 3305.0107 EA Manhole Aclj}t�finent i4h Concrete Collar 4 2 2 5 I 5 36 3217.500 EA Painti Curb Addresses 23 8 10 26 2 j 25 37 3291.01 CY T9p$or� _ 0 10 10 25 50 I 50 38 I 3292.0100 SY Block Sod DIaG$$Jne t 0 150 250 500 1,000 j 1,000 42 9999.0020 EA Remove ar�d�eolace �nlet Tot) 1 2 0 1 2 5 44 3471.0001 MO Tr Jfic Control 45 3125.0101 LS SCPT >_ 1 acre 46 3212.0404 TN HMAC. Transition 47 241.1000 SY Remove Conc Pvmt 1,000 3212.0302 SY 2" Asphalt Pvmt TvDe D 4,908 $ I 1I 241.1 W6 SY 2" Surface Milling 4,908 50 9999.0004 LS Pavinq Construction Allowance 0 0 0 0 0 0 Page 1 of 1