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Home My WebLink AboutContract 61025FORT WORTH ~ CONTRACT FOR City Secretary Contract No. &J\ OQ..5 THE CONSTRUCTION OF SANITARY SEWER REHABILITATION CONTRACT 111 Maddie Parker Mayor City Project No. J 02784 Chris Harder Director, Water Depaitment Prepared for The City of Fort Worth WATER DEPARTMENT 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX David Cooke City Manager FORT WORTH @ City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIF ICATION DOCUMENTS SECTION 00 00 00 TABLE OF CONTENTS Division 00 -General Conditions 00 05 10 Mayor and Council Communication 00 05 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict oflnterest Statement 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 11 Bidders Prequalifications 00 45 12 Prequalification Statement 00 45 13 Prequalification Application 00 45 26 Contractor Compliance with Workers' Compensation Law 00 45 40 Business E quity Goal 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 6119 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Sunnlementary Conditions Division 01 -General Requirements 01 11 00 Summarv of Work 01 25 00 Substitution Procedures 013119 Preconstruction Meeting 01 31 20 Proi ect Meetings 01 32 16 Construction Schedule 01 32 33 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 014523 Testing and Inspection Services 015000 Temporarv Facilities and Controls 015526 Street Use Permit and Modifications to Traffic Control 015713 Storm Water Pollution Prevention Plan 01 58 13 Temporarv Project Signage 016000 Product Requirements 016600 Product Storage and Handling Requirements 017000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 017423 Cleaning 017719 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents Pag e 1 of7 Last Revised 07/01/2011 07/01/2011 07/19/2021 11/02/2021 02/24/2020 09/30/2021 01/20/2012 09/11/2017 06/27/2011 08/13/2011 09/30/2021 08/13 /2021 07/01/2011 10/27/2021 11/23/2021 07/01/2011 07/01/2011 07/01/2011 07/01/2011 08/23/2021 03/09/2020 Last Revised 12/2 0/2012 07/01/2011 08/17/2012 07/01/2011 08/13/2021 07/01/2011 12/20/2012 03/11/2022 03/09/2020 07/01/2011 03/22/2021 07/01/2011 07/01 /2011 03/09/2020 07/01/2011 11/22/2016 02/14/2018 07/01/2011 03/22/2021 12/20/2012 07/01/2011 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 9, 2022 Sanitary Sewer Rehabilitation Contract, 111 City Project No . 102784 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DO CUMENTS Page 2 of8~7 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 -Existing Conditions 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/ Abandonment 02 41 15 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 03 80 00 Modifications to Existing Concrete Structures Division 26 -Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for E lectrical Systems 26 05 33 Raceway s and Boxes for Electrical Systems Date Modified 26 05 43 Underground Ducts and Raceways for E lectrical Systems Division 31 -Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 312400 Em bankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 -Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 320118 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Rep air 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 11 37 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Vall ey Gutters 32 17 23 Pavement Markings 32 17 25 Curb Address Painting 32 31 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 9, 2022 Sanitary Sewer Rehab ilitation Contract, 111 City Project No. 102 784 32 31 29 32 32 13 32 91 19 32 92 13 32 93 43 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of ? Wood Fences and Gates Cast-in-Place Concrete Retaining Walls Topsoil Placement and Finishing of Parkways Hydro-Mulching, Seeding, and Sodding Trees and Shrubs Division 33 -Utilities 33 01 30 Sewer and Manhole Testing 330131 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings-Cast Iron 33 05 13.01 Frame, Cover and Grade Rings-Composite 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 12 20 Resilient Seated Gate Valve 331221 A WW A Rubber-Seated Butterfly Valves 33 12 25 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 12 40 Fire Hvdrants 33 12 50 Water Sample Stations 33 12 60 Standard Blow-off Valve Assembly 33 31 12 Cured in Place Pipe (CIPP) 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitarv Sewers 33 31 15 Him Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitarv Sewer Pipe CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract, 111 City Proj ect No. 102784 STANDARD CONS TRUCTION SPECIFICATION DOCUM ENTS Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUM ENTS Page 4 of7 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Sewer Pipe/C ulverts 33 41 11 High Density Polyethylene <HDPE) Pipe for Storm Drain 33 41 12 Reinforced Polyethylene (SRPE) Pipe 33 41 13 Polypropylene Pipe for Storm Drain 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 -Transportation 34 41 10 Traffic Signals 34 41 10 .01 Attachment A -Controller Cabinet 34 41 10.02 Attachment B -Controller Specification 344110.03 Attachment C -Software Specification 34 41 11 Temporary Traffic Signals 34 41 13 Removing Traffic Signals 344115 Rectangular Rapid Flashing Beacon 34 41 16 Pedestrian Hybrid Signal 34 41 20 Roadway Illumination Assemblies 34 41 20.01 Arterial LED Roadway Luminaires 34 41 20.02 Freeway LED Roadway Luminaires 34 41 20.03 Residential LED Roadway Luminaires 34 41 30 Aluminum Signs 34 71 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 -Existing Conditions 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/ Abandonment 02 41 15 Paving Removal CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Dece mber 9, 2022 Last Revised 03/11 /2 022 12 /20 /2012 02 /02/2 016 Sanitary Sewer Rehabilitation Contract, 111 City Project No . I 02784 00 00 00 STANDARD CO NSTRUCTIO N SP ECIFIC ATIO N DOCUM ENT S Page 5 of 7 Division 03 -Concrete 03 30 00 Cast-In-Place Concrete 03/11 /2022 03 34 13 Controlled Low Strength Material (CLSM) 12/20 /2012 03 34 16 Concrete Base Material for Trench Repair 12/20 /2012 03 80 00 Modifications to Existing Concrete Structures 12/20 /20 12 Division 26 -Electrical 26 05 00 Common Work Results for E lectrical 03 /11 /2022 26 05 10 Demolition for E lectric al Systems 12/20 /2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20 /2012 26 05 43 Underground Ducts and Raceways for E lectrical Systems 07 /01 /2011 26 05 50 Communications Multi-Duct Conduit 02 /26 /2016 Division 31 -Earthwork 310000 Site Clearing 03 /22 /2021 31 23 16 Unclassified Excavation 01/28 /2013 31 23 23 Borrow 01/28 /2013 312400 Embankments 01/28 /2013 31 25 00 Erosion and Sediment Control 04/29 /2021 31 36 00 Gabions 12 /20 /2012 31 37 00 Riprap 12/20 /2012 Division 32 -Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20 /2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20 /2012 32 11 23 Flexible Base Courses 12/20 /2012 32 11 29 Lime Treated Base Courses 12/20 /20 12 32 11 33 Cement Treated Base Courses 06 /10 /2022 32 11 37 Liquid Treated Soil Stabilizer 08 /21 /2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 06 /10/2022 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 13 73 Concrete Paving Joint Sealants 12/20 /2012 32 14 16 Brick Unit Paving 12/20 /2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 12/09 /2022 32 17 23 Pavement Markings 06 /10/2022 32 17 25 Curb Address Painting 11 /04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences an d Gates 12/20 /2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06 /05/2018 32 91 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03 /11 /2022 32 92 13 Sodding 05 /13/2021 32 92 14 Non-Native Seeding 05 /13/2021 32 93 43 Trees and Shrubs 12/20 /2012 Division 33 -Utilities CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rev ise d December 9, 2022 Sanitary Sewer Reh abilitation Contrac t, 111 City Proje ct No. 102784 33 01 30 33 01 31 33 01 32 33 03 10 33 04 10 33 04 11 33 04 12 33 04 30 33 04 40 33 04 50 33 05 10 33 05 12 33 05 13 33 05 14 33 05 16 33 05 17 33 05 20 33 05 21 33 05 22 33 05 23 33 05 24 33 05 26 33 05 30 33 11 05 33 11 10 33 11 11 33 11 12 33 11 13 33 11 14 33 12 10 33 12 11 33 12 20 33 12 21 33 12 25 33 12 30 33 12 40 33 12 50 33 12 60 33 31 12 33 31 13 33 31 15 33 31 20 333121 33 31 22 33 31 23 33 31 50 33 31 70 33 39 10 00 00 00 STANDARD CON STRU CTIO N SPECIFICATIO N DOCUM ENTS Page 6 of 7 Sewer and Manhole Testing 09 /07/2018 Closed Circuit Television (CCTV) Inspection -Sanitary Sewer 03 /11/2022 Closed Circuit Television (CCTV) Inspection -Storm Drain 03/11/2022 Bypass Pumping of Existing Sewer Systems 12/20/2012 Joint Bonding and Electrical Isolation 12/20 /2012 Corrosion Control Test Stations 12/20 /2012 Magnesium Anode Cathodic Protection System 12/20 /2012 Temporary Water Services 07/01/2011 Cleaning and Acceptance Testing of Water Mains 02 /06/2013 Cleaning of Pipes 03/11 /2022 Utility Trench Excavation, Embedment, and Backfill 04 /02/2021 Water Line Lowering 12/20 /2012 Frame, Cover and Grade Rings 09 /09 /2022 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11 /2022 Grade Concrete Water Vaults 12/20/2012 Concrete Collars 03/11 /2022 Auger Boring 12/20 /2012 Tunnel Liner Plate 12/20/2012 Steel Casing Pipe 12 /20/2012 Hand Tunneling 12 /20 /2012 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 12 /09 /2022 Utility Markers/Locators 12 /20 /2012 Location of Existing Utilities 12/20 /2012 Bolts, Nuts, and Gaskets 12/20/2012 Ductile Iron Pipe 12/09 /2022 Ductile Iron Fittings 09 /20 /2017 Polyvinyl Chloride (PVC) Pressure Pipe 09 /09 /2022 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20 /2012 Buried Steel Pipe and Fittings 12/20 /2012 Water Services I-inch to 2-inch 02/14/2017 Large Water Meters 12/20 /2012 Resilient Seated Gate Valve 05 /06 /2015 A WW A Rubber-Seated Butterfly Valves 04 /23 /2019 Connection to Existing Water Mains 02 /06 /2013 Combination Air Valve Assemblies for Potable Water Systems 12/20 /2012 Fire Hydrants 01/03 /2014 Water Sample Stations 12 /20/2012 Standard Blow-off Valve Assembly 06/19/2013 Cured in Place Pipe (CIPP) 12/20/2012 Fiberglass Reinforced Pipe for Gravity Sanitarv Sewers 12/20/2012 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 04 /23 /2019 Polyvinyl Chloride (PVC) Gravity Sanitarv Sewer Pipe 09 /09/2022 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer 12 /20/2012 Pipe Sanitary Sewer Slip Lining 12 /20 /2012 Sanitary Sewer Pipe Enlargement 12/20/2012 Sanitary Sewer Service Connections and Service Line 04/26 /2013 Combination Air Valve for Sanitary Sewer Force Mains 12/20 /2012 Cast-in-Place Concrete Manholes 12/20/2012 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contrac t, 111 City Proje ct No . 102784 STANDARD CONSTRU CT ION SP ECIFICATION DOCUM ENTS Revi sed De cemb er 9, 20 22 00 00 0 0 STA NDARD CO NS TRUC TIO N SPECIFI CATIO N DOCUMENTS 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Liners for Sanitary Sewer Structures 33 4110 Reinforced Concrete Storm Sewer Pipe/Culverts 33 4111 High Density Polyethylene (HDPE) Pipe for Storm Drain 33 41 12 Reinforced Polyethylene (SRPE) Pipe 33 41 13 Polypropylene Pipe for Storm Drain 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 -Transportation 34 4110 34 4110.01 34 41 10.02 34 41 10.03 34 41 11 34 41 13 34 41 20 34 41 20.01 34 4120.02 34 41 20.03 34 41 30 34 41 50 34 71 13 Appendix GC-4.01 GC-4.02 GC -4.04 GC-4.06 GC-6.06.D GC-6.07 GC-6.09 GC-6.24 GR-01 60 00 Traffic Signals Attachment A -Controller Cabinet Attachment B -Controller Specification Attachment C -Software Specification Temporarv Traffic Signals Removing Traffic Signals Roadway Illumination Assemb li es Arterial LED Roadway Luminaires Freeway LED Roadway Luminaires Residential LED Roadway Luminaires Aluminum Signs Single-Mode Fiber Optic Cable Traffic Control Availability of Lands Subsurface and Physical Conditions Underground Facilities Hazardous Environment al Condition at Site Minority and Women Owned Business Enterprise Compliance Wage Rates Permits and Utilities Nondiscrimination Product Requirements END OF SECTION Page 7 of7 12 /20 /2012 12/20 /2012 12/20/2012 04/29/2021 07/01/2011 12 /20 /2012 11 /13 /2015 06/10/2022 12 /20 /2012 07/01/2011 07 /01 /2011 12 /20 /2012 03/11 /2022 07 /01/2011 03 /11/2022 12/18/2015 02/2012 01 /2012 11 /22/2013 03/11 /2022 12/20 /2012 06/15 /2015 06 /15 /2015 06/15 /2015 11/12/2013 02 /26 /2016 03 /22 /2021 CITY OF FORT WORTH STANDARD CONSTRUCTIO N SPECIFICATIO N DO CUMENTS Revi se d De ce mbe r 9, 2022 San itary Sewe r Reh abilitation Contrac t, 111 Ci ty Project No . I 0278 4 12/20/23, 4 :22 P M M&C -Counci l Agenda City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, December 12 , 2023 REFERENCE NO.: **M&C 23-1076 LOG NAME: 60SSRC111 -RDBURNS SUBJECT: (CD 5 and CD 11) Authorize Execution of a Contract with R&D Burns Brothers , Inc., in the Amount of $5,240 ,739 .00 , for the Sanitary Sewer Rehabilitation Contract 111 Project 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 R&D Burns Brothers , Inc ., in the amount of $5,240 ,739.00 , for the Sanitary Sewer Rehabilitation Contract 111 project; and 2. Adopt the attached appropriation ordinance i ncreasing estimated receipts and appropriations in the Water and Sewer Capital Projects Fund in the amount of $5 ,972 ,212.00, transferred from available funds within the Water and Sewer Fund , for the purpose of funding the Sanitary Sewer Rehabilitation Contract 111 project (City Project No . 102784) to effect a portion of Wa ter's contribution to the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) is to authorize a const ruction contract for the replacement of deteriorated cast iron water and sanitary sewer mains on the following street and easements : Street I From I To Scope of Council Work District ke Randol Mill Chandler Lake Water/Sewer 5 Havasu Trail Road Road Blue Lake Raintree Court Cul-de-sac Water/Sewer 5 r"lr-i\/n. 240 feet east Easement and 160 feet East 500 feet south of south of the and then Lake Randol Mill southeasterly Sewer 5 Road/ Lake Havasu Trail Havasu Trail 200 feet Intersection Easement west of Randol Mill South 500 feet Sewer 5 Chandler Road Lake Road Easement 540 feet south West 320 feet Sewer 5 north of of the Lake Raintree Charles Avenue Court ' Green River apps .cfwnet.org /ecouncil/pri ntmc .asp ?id=31 701 &p ri nt=true&Doc Type=Print 1/4 12/20/23, 4 :22 PM M &C -Council Agenda I Street II From I To Scope of Council Work District I 'Trail . Intersection Easement between N. Riverside Murphy Street North 300 feet Sewer 11 Drive and Clecker Avenue Warren Lane: :""..., ville Road South 1,292 Sewer 5 feet Easement east of Joseph Lane South 520 feet Sewer 5 Warren Lane Easement ED west of Ederville Lane North 300 feet Sandy Lane 460 feet west of Easement the Brentwood east of Stair Road/ South 350 feet Sewer 5 Enoch Drive Enoch Drive Intersection The project was advertised for bids on August 31 , 2023, and September 7, 2023 , in the Fort Worth Star- Telegram . On October 26 , 2023 , the following bids were received: I Bidder II Amount I Time of Completion IR&D Burns Brothers, Inc. I $5,240,739.00 330 Calendar Days Western Municipal Co11::;u uuiu11 G1 <ta ?1?,127.211 I Texas, LLC In addition to the contract amount, $469,436.00 (Water: $172 ,992.00 ; Sewer: $296,444.00) is required for project management , material testing and inspection, and $262 ,037.00 (Water: $90 ,930 .00 ; Sewer: $171 ,107 .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 1,603 linear feet of cast iron wate r pipe will be replaced as part of this project. This project will have no impact on the Water Department's ope rating budgets when completed . It is the practice of the Water Department to approp riate its CIP plan throughout the Fiscal Year, instead of within the annual budget ordinance , as projects commence , additional funding needs are ident ified , and to comply with bond covenants. The actions in the M&C will appropriate fu nds in support of the Water 's portion of the City of Fort Worth 's Fiscal Years 2024-2028 Capital Improvement Program , as follows : 60SSRC111-RDBURNS Capital Project FY2024 CIP Budget Revised Fund Authority FY2024 Name Name Appropriations Adjustment Budget apps . cfwnet.org/ecou ncil /printmc .asp ?id=3170 1 &print=true&Doc Type=Print 2/4 12 /20/23, 4 :22 PM M&C -Counc il Agenda W&S 102784 Capital -ss Projects Rehab $0.00 This M&C $5,972,212.00 $5 ,972 ,212.00 -Fund Contract 56002 111 Fund ing is budgeted in the Transfer to Water/Sewer account of the Water and Sewer operating budget for the purpose of funding the SS Rehab Contract 111 project within the Wate r & Sewer Capital Projects Fund. Appropriations for the Sanitary Sewer Rehabilitation , Contract 111 project are as depicted below: Fund Water & Sewer Cap ital Projects Fund 56002 !Project Total Existing Appropriations $0.00 Additional p . t T t I* A . t· roJec o a ppropna ions $5,972 ,212.00 $5 ,972,212.00 $5,972,212 .00 $5,972,212.00 *Numbers rounded for presentation purposes. DVIN-BE OFFICE : R&D Burns Brothers , Inc ., is in compliance w ith the Ci ty's Business Equity O rdinance by committing to 11 percent M/WBE participation on this project. The City's DVI N-BE goal on this project is 10 percent. The project is located in COUNCIL DISTRICTS 5 and 11 . FISCAL INFORMATION/ CERTIFICATION: The Director of Finance certifies that funds are available in the Water & Sewer Fund , and upon approval of the above recommendations and adoption of the attached appropriat ion ordinance , funds w ill be available in the W&S Capital Projects Fund for the SS Rehab Contract 111 project to support the above recommendations and execution of the contract. Prio r to any expenditure being incurred , the Water Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO ---,------~----,----~---~--~---~-------~--~ Fund Department Project Program ctivity Budget ID ID Year FROM Fund Department ID Project Program ctivity Budget ID Year CERTIFICATIONS: Submitted for City Manager's Office by_;_ Originating DeP-artment Head: Additional Information Contact: ATTACHMENTS Dana Burghdoff (8018) Chris Harder (5020) Brenda Oropez a (8271) 1. 60SSRC111-RDBURNS FID Table (WCF 11.10.23).xlsx (C FW Interna l) 2 . 60SSRC111-RDBURNS Form 1295.Rdf (CFW Internal ) 3. 60SSRC111-RDBURNS MaP-..(1LRdf (Publi c) 4. 60SSRC111-RDBURNS MaP-..(2.).,Rdf (Pu bl ic) 5. 60SSRC111-RDBURNS MaP-..(~.).,Rdf (Public) Reference# (Chartfield 2) Reference# (Chartfield 2) mount apps .cfwnet.org /eco unci l/print mc .asp ?id=31701 &print=true&Doc Type= Print 3/4 12 /20/23, 4:22 P M M&C -Council Ag e nda 6. 60SSRC111-RDBURNS MaP-.(1.)J~df (Public) 7. 60SSRC111-RDBURNS .docx (CFW Internal) 8. ComgMemo CPN102784 RDBurns 11.6 .23 GV.gdf (CFW Internal) 9. ORD.APP 60SSRC111-RDBURNS 56002 AO24(r2)_(1).docx (Public ) 10. PBS CPN 102784 .gdf (CFW In te rnal) 11. R&D Burns Brothers SAM.gdf (CFW Internal) a pps .cfwnet.org /ecouncil/pri ntmc.asp ?id=31701 &print=true&Doc Type=Print 4 /4 60SSRC111-RDBURNS Draft M&C FID Table FIDs (Budget) :Rec# Fund Dept# Account Project ID Activity Budget CF 2 Program Amount Purpose 1 Xfer I I Year I 2 56002 0600430 4956001 102784 2024 $2,082,512.00 2 56002 0600430 102784 2024 $2 ,082,512.00 2 56002 0700430 4956001 102784 2024 $3,889,700 .00 2 56002 0700430 102784 2024 $3,889,700.00 FIDs (Actual) 1 Rec # Fund Dept# Account Project ID Activity Budget CF 2 Program Amount Purpose Xfer : I ' Year ' ' 2 56001 0609020 5956001 $2,082,512.00 2 56002 0600430 4956001 102784 1780 9999 ($2,082,512 .00) 2 56001 0709020 5956001 $3,889,700.00 2 56002 0700430 4956001 102784 1780 9999 {$3 ,889 ,700 .00) FIDs (REVENUE or EXPENSE -No KK or GL Entries Needed) Rec# Fund Dept# Account Project ID Activity Budget CF 2 Program Amount Purpose Xfer Year 2 56002 0600430 4956001 102784 001780 9999 ($2 ,082 ,512 .00) 2 56002 0600430 5110101 102784 001780 9999 $23,869.00 Water Staff Costs 2 56002 0600430 5540101 102784 001780 9999 $4,000 .00 Public Outreach 1 56002 0600430 5740010 102784 001780 9999 $1,818,590.00 Pav to con tractor 2 5600 2 0600430 5740010 102784 001780 9999 $90 ,9 30 .00 Contract Contingency 2 56002 0600430 5330500 102784 001784 9999 $38,190.00 Soil Lab Consultant 2 56002 0600430 5310350 102784 001784 9999 $11,457.00 Soil Lab TPW Staff Cost 2 56002 0600430 5310350 102784 001785 9999 $95,476.00 TPW Inspection Staff 2 56002 0700430 4956001 102784 001780 9999 ($3,889,700.00) 2 56002 0700430 5110101 102784 001780 9999 $44,916.00 Water Staff Costs 1 5600 2 0700430 5740010 102784 001780 9999 $3,422,149.00 Pav to contractor 2 56002 0700430 5740010 102784 001780 9999 $171,107.00 Contract Contingency 2 56002 0700430 5330500 102784 001784 9999 $53,899.00 Soil Lab Consultant 2 56002 0700430 5310350 102784 001784 9999 $17,966.00 Soil Lab TPW Staff Cost 2 56002 0700430 5310350 102784 001785 9999 $179,663.00 TPW Inspection Staff 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 2 0 21 22 CITY OF FO RT WORTH 00 05 10 -I MAYOR AND COUNCIL COMMUNICA T IO (M&C) Page I of I SECTION 00 05 10 MAYOR AND C OUN CIL COMM UNI CATION (M &C) END OF SECTION STANDARD CONS TRUCT ION SPECIF ICATION DOCUMENTS SANITARY SEWER REHABILITATION CONTRACT I I I Revised J uly 1, 20 I 1 City Project No. 102784 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 1 To the Specifications and Contract Documents For: SANITARY SEWER REPLACEMENTS CONTRACT 111 UNIT 1-WATER UNIT II -SANITARY SEWER UNIT Ill -PAVEMENT IMPROVEMENTS City Project No. 102784 Addendum No. 1 Issued: September 27, 2023 Prebid Conference Date: September 11, 2023 Original Bid Opening Date: September 28, 2023 Revised Bid Opening Date: October 12, 2023 This Addendum forms part of the Specifications and Cont ract Document s 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 oute r envelope in your bid . Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The specifications and contract documents for SANITARY SEWER REPLACEMENTS CONTRACT 111 are hereby revised by Addendum No. 1 as follows: 1. The bid opening date is revised to October 12, 2023 . A-1 ADDENDUM 1 SANITARY SEWER REPLA CEMENTS CONTRA CT 111 City Project No. 102784 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 41 00, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGE ADDENDUM NO. 1" 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 "NONRESPONSI VE ", resulting in disqualification. Addendum No. 1 RECEIPT ACKNOWLEDGED: By o ~ Company: fJs-f/ Dvv /)""''lrJ A-1 Christopher Harder, P.E. Director, Water Department By foµ:1 5lil Tony Sholola, P.E . Assistant Director, Water Department ADDENDUM 1 SA NITA RY SEWER REPLACEMENTS CONTRACT 111 City Project No. 102784 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 2 To the Specifications and Contract Documents For: SANITARY SEWER REPLACEMENTS CONTRACT 111 UNIT I -WATER UNIT II -SANITARY SEWER UNIT Ill -PAVEMENT IMPROVEMENTS City Project No. 102784 Addendum No. 2 Issued: October 11, 2023 Prebid Conference Date: September 11, 2023 Original Bid Opening Date: September 28, 2023 Revised Bid Opening Date: October 26, 2023 This Addendum forms part of the Spec ification s and Contract Documents for the above referenced Project and modifies the original Specificat ions and Contract Documents. Bidder sha ll acknowledge receipt of this addendum in the space provided below and ac knowl edge receipt on the outer envelope in you r bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification . The specifications and contract documents for SANITARY SEWER REPLACEMENTS CONTRACT 111 are he reby rev ised by Add endum No. 2 as follows : 1. The bid opening date is revised to October 26, 2023. A-2 ADDENDUM 2 SANI TARY SE WER REPLACEMENTS CONTRACT 111 City Project No. 102784 Thi s Addendum No. 2, forms part of the Specifications & Contract Documents for the abo ve refere nc ed project and modifies the original Project M anua l & Contract Documents of the same . Acknowledge your receipt of Addendum No. 2 by complet i ng the request e d information at the following lo cations: {1) In the space provided in Section 00 41 00, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid enve lop e: "RECEIVED & ACKNOWLEDGE ADDENDUM NO. 2" Inc lude a signed copy of Addendum No. 2 in the sealed bid envelope at the time of bid subm itta l. Failure to acknow ledg e r eceipt of Addendum No. 2 below could cause the sub j ect bidder to be considered "NONRESPON SI V E", re sulting in disqualification. Addendum No . 2 RECEIPT ACKNOW LEDGED: A-2 Christopher Harder, P.E. Director, Water Department By: 0 II ' .,, Tony Sholola , P.E. As sistant Director, Water Departm ent ADDENDUM 2 SANITARY SEWER REPLACEMENTS CONTRACT 111 City Project No. 102784 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 3 To the Specifications and Contract Documents For: SANITARY SEWER REPLACEMENTS CONTRACT 111 UNIT I -WATER UNIT II -SANITARY SEWER UNIT Ill -PAVEMENT IMPROVEMENTS City Project No . 102784 Addendum No. 3 Issued: October 13, 2023 Prebid Conference Date: September 11, 2023 Original Bid Opening Date: September 28, 2023 Revised Bid Opening Date: October 26, 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 SANITARY SEWER REPLAC EMENTS CONTRACT 111 are hereby revised by Addendum No. 3 as follows: 1. Plans: Construction plans are revised as follows : a. Plan set to be REPLACED in its entirety 2. Specifications a. Specifications to be REPLACED in its entirety 3. Bid Proposal Workbook: a. The Bid Proposal Workbook to be REPLACED in its entirety with the revised Bid Proposal Workbook [00 41 00 Bid Proposal Workbook CPN 102784 Addendum No . 3] A-3 ADDENDUM 3 SANITARY SEWER REPLACEMENTS CON TRACT 111 City Project No . 102784 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 41 00, 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 11 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. Addendum No. 3 RECEIPT ACKNOWLEDGED : Company: A-3 Christopher Harder, P.E . Director, Water Department Assistant Director, Water Department ADDENDUM 3 SANITARY SEWER REPLACEMENTS CONTRACT 111 City Project No . 102784 CITY OF FORT WORTH, TEXAS WATER DEPARTMENT ADDENDUM NO. 4 To the Specifications and Contract Documents For: SANITARY SEWER REPLACEMENTS CONTRACT 111 UNIT I-WATER UNIT II -SANITARY SEWER UNIT Ill -PAVEMENT IMPROVEMENTS City Project No . 102784 Addendum No. 4 Issued: October 19, 2023 Prebid Conference Date: September 11, 2023 Original Bid Opening Date: September 28, 2023 Revised Bid Opening Date: October 26, 2023 This Addendum forms part of the Specifi cations and Contract Documents for the above referenced Project and modifies the original Specificat ions 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 disqualificat ion . The specifications and contract documents for SANITARY SEWER REPLACEMENTS CONTRACT 111 are hereby revised by Addendum No . 4 as follows : 1. Plans: Construction plans are revised as follows: • Cover Sheet replaced • Addition of sheet SA (Overall Pav i ng Layout) 2. Specifications • Addition of Street by Street Quantity Determination Spreadsheet, executed easement documents are included, pavement core sheets and TROE template 3. Bid Proposal Workbook: • The Bid Proposal Workbook is hereby replaced in its entirety with the revised Bid Proposal Workbook [00 41 00 Bid Proposal Workbook CPN 102784 Addendum No . 4] A-4 ADDENDUM4 SA NITARY SEWER REPLACEMENTS CONTRACT 111 City Project No. 102784 This Addendum No. 4, 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. 4 by completing the requested information at the following locations: (1) In the space provided in Section 00 41 00, Bid Form, Page 3 of 3 (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGE ADDENDUM NO. 4" Include a signed copy of Addendum No . 4 in the sealed bid envelope at the t ime of bid submitta l. Failure to acknowledge receipt of Addendum No. 4 below could cause the subject bidder to be considered 11 NONRESPONSIVE", resulting in disqualification . Addendum No. 4 RECEIPT ACKNOWLEDGED: By :~~~~~ Company: }2,"f--'1) b UYh ~ ~ ~(___ A-4 Christopher Harder, P. E. Director, Water Department Tony Sholola, P.E . Assistant Director, Water Department ADDENDUM 4 SANITARY SEWER REPIACEMENTS CONTRACT 111 City Project No. 102784 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 SECTION 00 05 15 ADDE NDA END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION S PECIFICATION DOCUMENTS Rev ised Jul y I, 20 11 00 05 15 - I ADDENDA Page I of I SANITARY SEWER REHABILITATION CONTRACT I I I C ity Project No . 102784 SECTION 00 1113 INVITATION TO BIDDE RS RECEIPT OF BIDS 00 11 13 INVITATION TO BIDDERS Page I of2 Sealed bids for the construction of SANITARY SEWER REHABILITATION CONTRACT, 111 City Project No. 102784will be received by the City of Fort Worth Purchas ing Office until I :30 P.M. CST, Thursday, October 26, 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 Bus ine ss Equity (M/WBE) forms for the project to the Purchasing Office, bidders shall e-mail the completed Business Equity form s to the City Project Manager no late r than 2:00 PM on the second City Busines s Day after the bid openin g date , exclusive of the bid opening date. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: 2000 LF 8" PVC Water 595 LF 12 " PVC Sewer 300 LF 1 0" PVC Sewer 3,310 LF 8" PVC Sewer 185 LF 811 DIP by Hand Tunneling 42 LF 8" DIP Sewer 780 LF 8" to 10 " Sewer Pipe Enlargement 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 ://ww w .fortworthtexas .gov/purchasing/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system s ite. The Contract Documents may be downloaded , viewed , and printed by interested contractors and/or suppliers . Bid Document Package : https://d ocs . b360 .a utod esk .com/sha res/77d96fb6-3052 -4e89 -bb6e -a 069d6bf2e6a Addenda Folder: https://d ocs . b360 .a utod esk.com/sha res/dccd57bl -deb0-49 ba-9 237-1258eb55fll5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 7/19/2021 SAN IT ARY SEWER RE HABILJT A TION CONTRACT, 11 1 City Project No . I 02784 00 11 13 INVITATION TO BIDDERS Copies of the Bidding and Contract Documents may be acquired from Brenda Oropeza Water Department, Design Services 927 Taylor Street Fort Worth , Texas 76102 The cost of Bidding and Contract Documents is : Set of Bidding and Contract Documents with full size drawings: No Cost Set of Bidding and Contract Documents with half s ize (if available) drawings: No Cost EXPRESSION OF INTEREST Page 2 o f 2 To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expre ss ions oflnterest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name , contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth 's purchasing website at http://fortworthtexas.gov/purchasing/ PREBID CONFERENCE -Web Conference A prebid conference will be held as discussed in Section 00 21 13 -INSTRUCTIONS TO BIDDERS at the following date , and time via a web conferencing application: DATE: September 11, 2023 TIME: 2:00 pm Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. lf 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@ F ortW orthTexas .gov Phone: 817-392-82 71 ADVERTISEMENT DATES August 31 , 2023 S eptember 7, 2023 END OF SECTION CITY OF FORT WORTH STAN DARD CONSTRUCTION SP ECIF ICATION DOCUMENT Revised 7/19 /2021 SANITARY SEWER REHABILITATION CONTRACT , I 11 City Project No . 102784 1. Defined Terms SECTION 00 2113 INSTRUCTIONS TO BIDDERS 00 2 1 13 INSTRUCTIONS TO BIDDERS Page I 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 throu gh 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 lowe st respon s ibl e and responsive Bidder to whom City (on the basi s 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 PREQUALIFICA TION 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: https://apps.fortworthtexas.gov/ProjectResources/ 3.1.1. Paving -Requirements document located at: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2 , 202 1 SANITARY SEWER REHABILITATION CONTRACT, 111 C ity Project No . 102784 00 21 13 INSTRU CTIONS TO BIDDERS Page 2 of 10 https :// apps. fortworthtexas. gov /Pro j ectReso urces/Resources P /02 %20- %2 0Constructi o n%20 Doc um ents/Contractor%20 Preg ual ification/TPW%20Pavi ng %20Contractor%20Pregualification%20Program/PREOUALfFICATION%20REO UJREMENTS%20FOR%20PA VING%20CONTRACTORS.pdf 3 .1.2. Roadway and Pedestrian Lighting -Requirements docum ent located at: https :/ / apps. fo rtworthtexas .gov /Pro j ectReso urces/ResourcesP /02%20- %20Constructi o n%20 Doc uments/Contractor%20 Preg ual i fi cati on/TP W%20 Road wa y%20and%20Pedestrian%20Lighting%20Pregualification%20Program/STREET% 20LIGHT%20PREQUAL%20REOMNTS.pdf 3.1.3. Water and Sanitary Sewer -Requirements document located at: https://a pps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Pregual ification/Water%20and%2 0Sanitary%20Sewer%20Contractor%20Pregualification%20Program/WSS%20pre gual%20reguirements.pdf 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 PREQUALIFICA TIONS . 3.2. I .Submission of and/or question s 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 di scretion may require , includin g 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 re garding 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-re spo nsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. ln addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents . 3.5 . Special qualifications required for this project include the following : This projec t includes a section of hand tunn eling. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CIT Y OF FORT WORTH STANDARD CONSTRUC TI ON SP ECIF ICA TION DO CUMEN T Re vised/Updated November 2, 2021 SANITARY SEWER REHABrL IT ATIO N CONTRACT, 111 City Proj ect No . I 02 784 00 21 13 IN STRUC TIONS TO BIDDE RS 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 cons id er federal, state and local Laws and Regulations that may affect cost, progres s, performance or furnishing of the Work. 4.1.4. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or s ub surface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.5. ls advised that the Contract Documents on file with the City shall constitute all of the information which the City w ill furnish . A ll additional in formation and data whic h the City will supply after promulgation of the forma l Contract Documents shal l be issued in the form of written addenda and shall become part of the Contract Documents just as though s uch addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officiall y promulgated addenda thereto , shall be binding upon the City. 4.1.6 . Should perform independent research , investigations , tests , borings, and such other means as may be necessary to gain a complete knowledge of the cond iti ons 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 s ite to conduct such examinations, investigations, exp lo rations, tests and studies as each Bidder deems necessary for subm ission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon comp letion of such exp lorations , investigations, tests and studies. 4.1.7 . Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its comp letion, and obtain all information required to make a proposal. Bidders shall rely exclusive ly and sole ly upon their own estimates, investigation , research, tests , exp loration s, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the subm ission of a proposal or bid is prima-facie evidence that the Bidder has made the investigations, examinations and tests h erein required. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated Novembe r 2, 2021 SANITARY SEWER REHABILITATIO N CONTRACT, 111 City Project No. 102784 00 2 1 13 INSTRU CTIONS TO BIDDERS Page 4 of 10 4.1.8. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 -Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents . The logs of Soil Borings , if any, on the plans are for general information only. Neither the City nor the E ngineer 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 re ly as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4 .2.4.Standard insurance requirements , coverages and limits . 4 .3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods , techniques, sequences or procedures of construction (if any) that may be shown or indicated or express ly 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2 , 2021 SANITARY SEWER REHABILITATION CONTRACT, 111 City Project No. 10278 4 00 21 13 INSTRU CTIONS TO BIDDERS Page 5 of 10 5.1. The land s upon which the Work is to be performed, rights-of-way and easements for access thereto and other land s designated for use by Contractor in performing the Work are identified in the Contract Documents. All additiona l 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 faci li ties 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 C it y 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 ot her 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 C ity 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 wi ll be binding. Oral a nd other interpretations or c larification s w ill be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Brenda Oropeza, Water Department Emai 1: Brenda.oropeza@Jortworthtexas.gov Phone: 817-392-82 71 6.2 . Addenda may a lso 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://d ocs . b360 .a utodesk.com/sha res/d ccd57bl -d eb0-49ba-9237-1258eb55f115 CITY OF FORT WORTH ST ANDA.RD CONSTRUCTION SPECTFICA TION DOCUME NT Revi sed /Updated No vember 2, 202 1 SANITARY S EWER REHABILITATION CONTRACT, 111 City Project No. I 02784 00 21 13 [NSTRU CTIO N S 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 , Milestone s are to be achi eved 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 con s idered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.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: https ://code Ii brary .am lega l .com/codes/ftworth/latest/ftworth tx/0-0-0-22593 C ITY OF FORT WORTH STANDARD CONSTRUCTION SPEC IFI CATIO N DOCUMENT Revi sed/U pd ated Nove mber 2 , 202 1 SAN ITARY SEWER REHABILITATION CONTRACT, 111 C ity Project No. I 02784 00 21 13 TNSTRUCTIONS 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 C ity 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 indic ated 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 exec uted 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 sho wn. 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 ad dress 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 communjcations regarding the Bid shall be shown . 12.11. Ev idence 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 STANDARD CONSTRUCTION SP ECfFICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWE R REHABILITATION CONTRACT, 111 City Project No . I 02784 13. Submission of Bids 00 2 1 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 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 enve lope 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 ST AND ARD CONSTRUCTION SPECrF ICA TION DOCUMENT Revi sed/Updated November 2, 2021 SANITARY SEWER REHABILITATION CONTRACT, 111 C ity Project No. I 02784 00 21 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 s ubmitted 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 lowe st 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 A ward 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 202 1 SAN IT ARY SEWER REHABILITATION CONTRACT, 111 City Project No. I 02784 00 2 1 13 lNSTRUCTIONS 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 oflnsurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC[FICATION DOCUMENT Revised/Updated November 2, 2021 SANITARY SEWER REHABILITATION CONTRACT, 111 City Project No . I 02784 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 Each bidder, offerer 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, offerer 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) https ://www.ethics. state. tx. us/data/forms/conflict/C IS . pdf D CIQ Form does not apply D CIQ Form is on file with City Secretary D CIQ Form is being provided to the City Secretary D CIS Form does not apply 0 CIS Form is on File with City Secretary D CIS Form is being provided to the City Secretary BIDDER: R & D Burns Brothers, Inc PO BOX 786 Burleson, Texas 76097 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24 , 2020 By: Do ~rns ____ _ Signature : (J.jf_e:::::::::::::: Title : President 00 41 00 Bid Proposal Workbook CPN 102784 Addendum No . 4 TO : The Purchasing Manager c/o : The Purchasing Division 200 Texas Street City of Fort Worth , Texas 76102 SECTION 00 41 00 BID FORM FOR : Sanitary Sewer Rehabilitation Contract, 111 City Project No .: Units/Sections : 102784 Unit 1: Water Unit 2 : Sewer Unit 3: Paving 1. Enter Into Agreement 00 41 00 BID FORM Page 1 of 3 The undersigned Bidder proposes and agrees , if this Bid is accepted , to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents . 2. BIDDER Acknowledgements and Certification 2 .1. In submitting this Bid , Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including w ithout 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 with in 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 indiv idua l 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 , f raudulent , collusive , or coercive practices in competing for the Contract. For the purposes of this Paragraph : CITY OF FORT WORTH a . "corrupt practice" means the offering, giving , receiving , or soliciting of any thing of value likely to influence the act ion of a public official in the bidding process . b. "fraudulent practice " means an intentional misrepresentat ion of facts made (a) to influen ce 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 establ ish Bid prices at artificial , non-competitive levels . STA NDARD CON STRUCT ION SPECIFI CATIO N DO CU ME NTS Revis ed 9/30/2 021 00 4 1 00 Bid Proposal Workboo k C PN 102784 Addendum No. 4 00 41 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 Collection System, Urban/Renewal, 12-inches and smaller c . Sewer Pipe Enlargement , 12-inches and smaller d . Sewer Hand Tunneling , 12 -inches and smaller e . Asphalt Paving Construction/Reconstruction (Less than 15 ,000 Square Yards) f. - g . - h. - 4. Time of Completion 4 .1. The Work will be complete for Final Acceptance within 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 : CITY OF FORT WORTH 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 Bid Proposal Workbook CPN 102784 Addendum No . 4 6. Total Bid Amount 00 41 00 BID FORM Page 3 of 3 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 th is 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> Unit I: Water Improvements Bid Unit II : Sanitary Sewer Improvements Bid Unit Ill : Paving Improvements Bid Total Bid 7. Bid Submittal This Bid is submitted on Resp•±:•_d_, ____ _ By:~ Title : President (Signature) Donald Burns (Printed Name) Company : R & D Burns Brothers , Inc Address: PO BOX 786 Burleson,Texas76097 State of Incorporation : Texas Email : rdburnsbros@sbcglobal.net Phone : 817 -447-0292 CITY OF FORT WORTH END OF SECTION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 $1,461 ,515 .00 $3,065 ,074 .00 $714 ,150 .00 $5 ,240 ,739 .00 by the entity named below. Receipt is acknowledged of the followin Addenda : Addendum No . 1: Addendum No . 2 : Addendum No . 3 : Addendum No . 4 : Corporate Seal : Initial 00 4 1 00 Bid Proposal Work book CPN 102784 Addendum No . 4 SECTION 00 42 43 PROPOSAL FORM Water & Sanitary Sewer Rep lacements Contract I 11 UNIT PRICE BID Project Item Inform ation Bidli st Item No . De sc ription Unit I -WATER I 331 1.0261 8" PVC Water ------2 3311 .0161 6" PVC Water Pipe 3 3312.3002 6" Gate Valve 4 3312 .3003 8" Gate Va lve 5 3312 .2003 1" Water Service 6 3312 .2001 1" Water Service , Me ter Reconnection 7 3312 .2103 1 1/2" Water Serv ice 8 3312 .2101 1 1/2" Water Service , Meter Reconnectio ~ 9 3312 .2203 2" Water Serv ice 10 3312.2201 2" Water Serv ice , Meter Reconnection 11 3312 .2004 1" Private Water Service 12 024 1.15 12 Salvage 1" Water Meter 13 0241 .1513 Salvag ~t~yvater Mete_r_ -----14 0241.1514 Salvage 2" Water Meter ------15 33 12 .0001 Fire Hydran t ----16 0241 .1510 Salvage Fire Hydrant ------- 17 0241 .1218 4"-12 " Water Abandonment Plug 18 0241 .1402 Salvage 6 " Water Va lve 19 0241 .1403 Salvage 8" Water Valve 20 3305 .0003 8" Waterline Lowering 2 1 3311 .0001 Ductile Iron Water Fitt ings w/ Restraint 22 3305.010 3 Exploratory Excavat ~~f Existing Utilities 23 3312 .0 117 Connection to Existing 4 "-12 " Water Ma in 24 3201 .0614 Cone Pvmt Repa ir, Residential 25 3201.0400 Temporary Asphalt Paving Repa ir 26 3201 .0201 Asphalt Pvmt Repa ir Beyond Defined Width , 27 3211 .33 Cem-Lime Stabil ization @ 32 Lbs /SY (50/50 ) 28 241 .17 11-lnch Pavement Pulverization (50/50) -29 3212 .0302 3-inch Surface Course Asphalt Pvmt Type 30 3305 .0207 Imported Embedment/Backfill , Se lect Fill_ 3 1 3305 .0202 Import ed Embedment/Backfill , CSS 32 241 .0401 Remove Existing Concrete Driveway (50 /50 ) 33 3213 .0401 6" Concrete Dr iveway (50 /50) 34 210 .14 Remove Existing Concrete Val ley Gutter (50/50 ) 35 3216 .0301 9" Cone Valley Gutte r, Res idential (50 /50) 36 3216 .0101 6" Cone Curb and GutterJ 50/50 ) 37 241 .13 Remove Exi sting Concrete ~~rb_ and_ Gutter -38 3201 .0400 Temporary Asphal.!_Pa~in.9.._F3 epa ir 39 4" PVC underdrain pipe 40 4" Solid White Thermoplastic Hot Appl ied spray (HAS) 41 3123 .0101 Unclassified Street Excavation (50/50 ) 42 3305 .0108 Utility Adjustment (50/50 ) 43 3291 .0100 Topso il (50/50) ---44 3212 .0404 H~A~ Trans it~n (50/50 ) --· 45 3292 .0100 Block Sod Place ~ent (50/50 ) --·--·-46 3305 .0109 Trench Safety --·-47 3217 .5001 Curb Address Painting (50/50 ) 48 3304.0101 2" T~mpora l)' ~a~!:_ Services C ITY OF FORT WORTH Spec ifi catio n Sec tion No . STANDARD CONSTRUCTION SPEC IFICAT ION DOCUMENTS Revised 9/30/202 1 Addend um No. 4 Unit of Measure LF LF EA EA EA EA EA 00 42 43 BID PROPOSAL Page I of3 Bidder's Application Bidder's Propo sa l Bid Unit Price Bid Value Quanti ty 1607 $140.00 $22 4 ,980 .00 --- 49 $1 30.00 $6 370 .00 2 $3 000.00 $6 000 .00 6 $4 000 .00 $24 000 .00 2 1 $3 000 .00 $63 000 .00 21 $500 .00 $10 500 .00 2 $6 000 .00 $12 ,000 .00 ---- EA 2 $1 ,500 .00 $3 000 .00 -- EA 1 $7 500 .00 $7 500.00 EA 1 $1 500.00 $1 500 00 LF 10 $100 .00 $1 000 .00 EA 21 $200 .00 $4 ,200 .00 EA 2 $500 .00 $1 000 .00 -- EA 1 $500.00 $500 .00 --··-· ----- EA 2 $9,000.00 $18 ,000 .00 -------. -- EA 2 $1 500 .00 $3 000 .00 -·----- EA 1 $1 000.00 $1 000.00 --· EA 6 $500.00 $3 000 .00 EA 6 $500 .00 $3 000 .00 EA 1 $14 000 .00 $14 000 .00 TON 1 $12 500 .00 $12 500 .00 --EA 5 $2 000 .00 $10 000.00 -- EA 6 $5 000 .00 $30 000.00 SY 310 $350 .00 $108 500 .00 LF 2700 $40 .00 $108 000 .00 SY 20 $200 .00 $4 000 .00 TN 37 $475 .00 $17 575 .00 SY 2300 $12.75 $29 325 .00 SY 2300 $34 .00 $78 200 .00 -----·-·--- CY -~ $150.00 $30 000 .00 ------CY 200 $250 .00 $50 000 .00 ---·-SF 625 $8 .00 $5 ,000 .00 - SF 625 $30 .00 $18 750 .00 SF 50 $35 .00 $1 750 .00 SY 50 $275 .00 $13 750 .00 LF 700 $145 .00 $101 500 .00 -----LF 700 $15.00 $10 500 .00 ------- LF 2700 $40 .00 $108 ,000 .0Q. -. ----- LF 25 $200.00 $5 000.00 ---LF 25 $200.00 $5 000.00 CY 37 $45 .00 $1 665 .00 -LS 1 $5 ,000 .00 $5 000 .00 CY 37 $200 .00 $7 400 .00 TN 15 $190 .00 $2 850.00 -----SY 275 $30 .00 $8 250 .00 --,---- LF 100 $2 .00 $200 .00 ----- EA 5 $250 .00 $1 250 .00 ---· LS 1 _§175 ,000 .00 $175 000 .00 ------ 00 4 1 00 B id Proposal W orkbook CPN I 02784 Addendum No. 4 SECTION 00 42 43 PROPOSAL FORM Water & Sani tary Sewer Rep lace ment s Co ntrac t 11 I UNIT PRICE BID Projec t Item In for matio n Bidli stltem Description No . 49 Water Valve Bo x Adjustment~ith Con~rete Coll ~ 50 0171.0101 Construction _S_!aking _ ---- 5 1 0171 .0102 As-Bu ilt Survey --- 52 9999 .0003 Remove and Replace Inlet Top (50/50) 53 3471.0001 Traffic Control 54 9999 .0002 Water Construction Allowance SUBTOTAL UNIT 1: WATER Unit 2 -SE W ER I 3331.4115 12 " PVC SDR-26 Sewer Pipe --- 2 3331.4115 10" PVC SDR -26 Sewer Pipe --- 3 3331.4115 8" PVC SDR-26 Sewer Pipe 4 3331.4119 8" DIP Sewer Pipe with Protecto 401 coating 5 8" DIP Pipe by Hand Tunneling 6 3331 .1102 8" to 1 O" Pipe Enlargement 7 3331 .0102 6" Sewer Pipe , Point Repair 8 9999 .0003 Manhole Adjustment , Major w/ Cone , Ring , 9 3305 .0107 Manhole Adjustment , Minor 10 3301 .0101 Manhole Vacuum Testing 11 3305.0103 Exploratory Excavation of Existing Utilities 12 3301 .0001 Pre-CCTV Inspection 13 3301.0002 Post-CCTV lnspecti~ 14 3305.0109 Trench Safety ---- 15 3305.0112 Concrete Collar --- 16 3339 .1001 4' Sewer Manhole ----- 17 Shallow Manhole - 18 Drop Manhole --- 19 3339 .1003 4' Extra Depth Manhole 20 Corrossion Protection 2 1 0241 .2201 Remove 4 ' Sewer Manhole 22 Utility Adjustment (50/50) 23 3331 .3101 4" Sewer Serv ice w/ 2-Way Cleanout 24 3331 .1201 Service Reinstatement, Pipe Enlargement 25 3201 .0113 5' Wide Asphalt Pavmnt Repair, Residential 26 3201 .0614 Cone Pvmt Repair , Res identia l 27 3201 .0400 Temporary Asphalt Paving Repair 28 4" PVC underdrain pipe 29 3201 .0201 Asphalt Pvmt Repai r Beyond Defined W idth , 30 3211 .33 Cem-Lime Stabilization @ 32 Lbs/SY (50/50 ) 3 1 241 .17 11-lnch Pavement Pulverization (50/50 ) 32 3212 .0302 3-inch Surfa ce Course Asphalt Pvmt Type 33 3123 .0101 Unclassified Street Excavation (50/50 ) 34 3305 .0207 Imported EmbedmenUBackfill , Select Fill 35 3305 .0202 Imported EmbedmenUBackfill , CSS 36 210 .14 Remove Existing C~~rete Va ~ Gutte_,:_(50/50 ) 37 3216 .0301 9" Cone Valley Gu ~ter , Resident~U50/50 ) _ 3 8 241 .0401 Remove Ex isting Concrete Driveway (50/?0) 39 3213.0401 6" Concrete Dr iveway (50/50 ) - 40 Remove Existing Concrete Curb and Gutter (50/50 ) 4 1 3216 .0101 6" Cone Curb and Gutter (50/50) CIT Y OF FORT WORTH Spec ifica tio n Sec ti on No . STANDARD CONSTRUCTION SPECIF ICATIO N DO CUMENTS Revised 9/30/202 1 Addendum No. 4 Uni t of Measu re EA - LS ---LS -EA MO LS LF 00 42 43 BID PROPOSAL Page 2 of3 Bidder's Application Bi dd er's Proposa l Bid Unit Price Bid Value Quantity 8 _$1,250 .0Q $10 ,000 .00 --- 1 $5 500 .00 $5 500 .00 - 1 $7 500 .00 $7 ,500 .00 1 $10 000 .00 $10 000 .00 2 $6 000 .00 $12 000 .00 1 $60 ,000 .00 $60 ,000.00 $1 461.515.00 595 $200 .00 $119 ,000 .00 ------ LF 300 _ $190 .00 $57 000 .00 LF 3310 $185 .00 $612 350 .00 LF 42 $235 .00 $9 870 .00 LF 185 $1 350 .00 $249 750 .00 LF 780 $175 .00 $136 500 .00 LF 50 $300 .00 $15 ,000 .00 EA 2 $6 ,000 .00 $12 ,000 .00 EA 2 $4 000 .00 $8 ,000 .00 EA 40 $500 .00 $20 000 .00 -- EA 2 $2 000.00 $4 000.00 LF 1285 $10.00 $12 850 .00 LF 4560 -$10.00 $45 ,600 .00 LF 4372 $2.00 $8 ,744.00 - EA 40 $2 500 .00 $100 000 .00 -- EA 37 $11 000 .00 $40 7 000 .00 - EA 1 $10 ,000 .00 $10 000 .00 EA 2 $14 000 .00 $28 000 .00 - VF 78 $500 .00 $39 000 .00 VF 166 $6 2 5.00 $103 750 .00 EA 26 $1 250 .00 $32 ,500 .00 LS 1 $5 000 .00 $5 000 .00 EA 75 $3 ,000 .00 $225 000.00 EA 15 $2 ,250 .00 $33 750.00 LF 20 $250 .00 $5 ,000 .00 SY 310 $350 .00 $108 ,500 .00 LF 2700 $40 .00 $108 000 .00 LF 25 $150 .00 $3 ,750 .00 SY 90 $200 .00 $18 000 .00 - TN 37 $4 75 .00 $1 7,575.00 SY 2300 $13.00 $29 900 .00 SY 2300 $35 .00 $80 500 .00 ~ CY 38 $45 .00 $1 ,710 .00 CY 100 $150 .00 $15 000 .00 -- CY 5 $250.00 $1 250.00 SF 25 $35 .00 $875 .00 ---SY 25 ~]5.00 $6 875.00 -- SF 625 $8 .00 $5 000 .00 ---SF 625 $30 .00 $18 750 .00 --LF 700 $15 .00 $10 500.00 LF 700 $145 .00 $101 500 .00 00 4 1 00 Bid Proposal Wo rk book CPN 102784 Addendu m No . 4 SECTION 00 42 43 PROPOSAL FORM Water & Sanitary Sewer Repl acements Cont ract I I I UNIT PRICE BID Project Item Information Bidl ist Item De scription No . 42 6"-12" Tree Removal 43 3110 .0103 12"-18" Tree Removal 44 18"-24" Tree Removal 45 24" & Larger Tree Removal - 46 3291 .0100 Topsoil (50/50) 47 3212 .0404 HMAC Transition (50/50) 48 3292 .0100 Block Sod Placement (50/50) 49 9999 .0006 Remove and Replace Inlet Top (50/50) 50 4" Solid White Thermoplastic Hot App lie d spray (HAS) 51 3292.0400 Seeding , Hy ~_~mulch --- 52 3217 .5001 Curb Address Paintin ~50/50l _ - 53 SWPPP 2!: 1 acre (Provide and Install) _ 54 0171 .0101 Construction Staking 55 01 71.0102 As-Built Survex 56 3471 .000 1 Traffic Control 57 San itary Sewer Construction Allowance SUBTOTAL UNIT 2: SEWER Unit 3 -PA YING I Utility Adjustment (50 /50 ) ___ 2 Remove Ex isting Concrete_Cu_!'b_!!nE Gutter (50/50) 3 6" Concrete Curb and Gutter (50/50) 4 Remove Ex isting Concrete Driveway (50/50) ____ 5 Install New 6-lnch Co~~rete Driveway (50/50)_ - 6 Remove Concrete Sidewalk - - ------- 7 4" Concrete Sidewalk --· ----· 8 Remove Exi st in g Concrete Valley Gutter (5 0/50 ) __ 9 9" Concrete Valley Gutte.!:._(5 0/50 ) ----··-· 10 11-lnch Pavemen_!J'u lveri ~tion (50/50) -·-- 11 Cem-Lime Stabilization @ 32_!:bs/SY (5_9i?0_) __ 12 Unclassified Street Excavation (50/50) ----•-·- 13 3-lnch Surface Course Asphalt, Type" D" (50/50) _ 14 4" S0Ji9 W_!1~ Therm~la~!ic Hot Applied Spray (HA S) 15 4"_1:_)V_g 1::n~erdrain pipe (5 0/5 0 ). . . ... 16 Painting Curb Add_i::esses (50 /5 0 ) - 17 T opso il (50/50) ----- 18 Block Sod Replacement (50/50) ·-- 19 Remove and Replace In let Top (50/50) __ 20 Traffic Control --------- 21 HMAC Transition (50/50) ... --- - 22 Pav in g Construction Allowance SUBTOTAL UNIT 3: PA V I NG Subtotal Unit 1 Water Subtotal Unit 2 Sewer Subtotal Unit 3 Pavina Total Water, Sanitary Sewer, and Paving CPN 102784, Sa nitary Sewer Rehabilitation Contract 111 C ITY OF FORT WORTH S pecification Section No. - -· ·-· STANDARD CONSTRU CTION SPE CIFICATION DOCUMENTS Re vised 9/30/2021 Ad dendum No. 4 00 42 43 BID PROPOSAL Page 3 of3 Bidder's Application Bidder's Proposal Unit of Bid Unit Price Bid Value Measure Quantity EA 5 $2 500 .00 $12 500.00 EA 5 $3 000 .00 $15 000 .00 EA 3 $3 500 .00 $10 500 .00 EA 1 $4 500 .00 $4 500 .00 CY 38 $200 .00 $7,600.00 -- TN 15 $200 .00 $3 ,000 .00 ---- SY 275 $25 .00 $6 875.00 EA 2 $10 ,000 .00 $20,000.00 -····-------· ---LF 25 $200.00 $5 ,000 .00 ------ SY 550 $15 .00 $8 250 .00 -----·-- EA ---~ $250.00 $1 500 .00 -- LS 1 $20 000 .00 $20 ,000 .00 LS 1 $19 000 .00 $19 000.00 LS __ _1 $12 ,000 .00 $12 000 .00 -- MO 2 $6,000 .00 , _ $12 ,000.00 ----r- LS 1 $80 ,000 .00 $80 ,000 .00 $3,065,074.00 LS 1 $10 ,000 .00 $10 000 .00 LF 1400 $15 .00 $21 000 .00 LF 1400 $140.00 $196 000 .00 SF 1250 $7 .50 $9 375 .00 -----SF 1250 j~J)0 $37 500 .00 ·--- SF 200 $7 .5..Q l1,500..J)0 -- SF 200 $25 .00 $5 000 .00 ----· --- SY 50 ~3j .0Q ___ $1 700.00 SY __§Q $260 .00 $13 000.00 ---SY 4600 ·-_$13 .00 $59 800 .00 ·--TN 74 $475 .00 $35 150.00 -----CY 75 $45 .00 $3 375 .00 ------ SY 4600 _g5.00 $161 000 .00 -- LF 50 $200 .00 _!1 0 000 .00 - LF 50 $150 .00 $7 500.00 --. -EA 11 ____ g~o .oo _ $2 75Q..Q_0 -·-·· -- CY 75 $200 .00 $15 000 .00 SY 550 $30 .00 $16 500 .00 EA 4 $10 000 .00 $40 000 .00 MO 2 l6 000 .00 $12 ,000.00 -· ·--- TN 30 $200 .00 $6 000 .00 -- LS 1 $50,000 .00 $50 ,000 .00 $714,150.00 $1 ,46 1,515.00 $3 ,065 ,074.00 $714,150 .00 $5,240,739.00 00 4 I 00 Bid Proposa l Workbook CPN I 02784 Addendum No. 4 MERCHAN~ BONDING COMPANY™ MERCH_ANTS BONDING COMPANY (MUTUAL) P.O . Box 14498, DE S MOINES , IOWA 50306-3498 PHONE : (800) 678-8171 FAX: (5 15 ) 243-38 54 BID BOND PUBLIC WORK Bond No . Bid Bo nd I f NOW ALL PERSONS BY THESE PRESENTS : J That R&D Burns Bro th ers, In c. (hereinafter called the Principal) as Principal , and the ______ M_er_c_ha_n_ts_B_o_n_d_in_.g._C_o_m_.p._a_n.._y__.(M_u_tu_a_,_I) _____ _ (hereinafter called Surety), as Surety , are held and firmly bound to City ofFort Worth -~----------------- 100 Throckmorto n, Fort Wo rth , TX 76 102 (hereinafter called the Obligee) in the full and just sum of ( 5% G.A.B. --------------------- _F_iv_e_P_e_rc_e_nt_o_f_th_e_G_re_at_e_st_A_m_o_u_n_t _B_id ___________________________ Dollars good and lawful money of the Un ited States of America , to the payment of wh ich sum of money well and truly to be made , the Principal and Surety bind themselves , their he irs , executors , administrators , successors and assigns , jointly and severally , firmly by these presents . Signed and dated this ____ 28_t_h ____ day of _______ Se_.p_te_m_b_e_r _____ _ 2023 THE CONDITION OF THIS OBLIGATION IS SUCH , that , if the Obligee shall make any award to the Principal for Sanitary Sewer Reha bilitation Co ntract III according to the terms of the proposal or bid made by the Principal therefore , and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award , and shall give bond for the faithful performance thereof with the Me rchants Bond ing Com pany (Mutu al) , as Surety , or with other Surety or Sureties approved by the Obligee ; or if the Principal shall , in case of failure to do so , pay to the Obligee the damages which the Obligee may suffer by reason of such failure , not exceeding the penalty of this bond , then this obligation shall be null and void ; otherwise it shall be and remain in full force and effect. IN TESTIMONY WHEREOF , the Principal and Surety have caused these presents to be duly signed and sealed . Principal Attest: /1J-/IL--- CON 0333 (2/15 ) MERCHANTS BONDING COMPANY™ POWER OF ATTORNEY Kno w All Persons By These Presents , that MERCHANTS BONDING COMPANY (MUTUAL ) and MER CHANTS NATIONAL BONDING , INC ., both be ing corporations of the State of Iowa , d/b/a Merchants National Indemnity Company (in Cal iforn ia only) (herein collectively called the "Companies ") do hereby make , constitute and appoint , individually , All ison C Lueck ; Bryan Simpson ; Cadda E Eary ; Donna Martinez ; H E Wilkins ; Ha le y Crocker ; James R Reid ; Jess ica Turner ; Julie Lindsey ; Kay Blair ; Lindsay Sen ior ; Malachi Smith ; Marie Reyna ; Markham Paukune ; Michelle Bl izzard ; Payton Blanchard ; Ralph E French ; Sandra Fuller ; Shane Smith ; Shawn Blacklock ; Teresa C Smith ; Tina Lavalley; William Blan chard ; William Mitchell Jenn ings the ir true and lawful Attorney(s)-in-Fact , to sign its name as surety(ies) and to execute , seal and acknowledge any and all bonds , undertakings , contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings requ ired or permitted in any actions or proceedings allowed by law . This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23 , 2011 and amended August 14 , 2015 and adopted by the Board of Directors of Merchants National Bond ing , Inc ., on October 16 , 2015 . "The President , Secretary , Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact , and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto , bonds and undertakings , recognizances , contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond , undertaking , recognizance , or other suretyship obligations of the Company , and such signature and seal when so used shall have the same force and effect as though manually fixed ." In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation . It is fully understood that consenting to the State ofFlorida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee , shall not relieve this surety company of any of its obligations under its bond . In connection with obligations in favo r of the Kentucky Department of Highways only , it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the mod ification or revocation . In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 8th day of June , 2023 ••••;•\ON~•••••• • • • ,;G· CQ • •• MERCHANTS BONDING COMPANY (MUTUAL) ••• ~t-......... J. ~••• • ~~ ......... 4/,o • MERCHANTS NATIONAL BONDING, INC. /r,, .··a~po~;,·· .. o••• :~.·c:::,Y.POl/:;•.~.j_•. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY :":"CJ ~·.~~ •• ~ ,,,A·.:.,c.• ~ -~:..e--o-c:,:o-•C.,:~ ~· • ~;c 2003 }zl iS\-1-9°3-3 °/~: By -::::::; ~¥--:.c,·. :,.0: .~.;-. _:-:--,: ••.~··.. ..•·, • .-•.v&-:·· .. .,.c:::,. ST A TE OF IOWA COUNTY OF DALLAS ss . •-.~lj,·• ........ •;i:,~.•• ••~It · .. ·"··\'\--=•• President '•,. * .... .. * . •···········• •.....• On this 8th day of June 2023 , before me appeared Larry Taylor , to me personally known , who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC .; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies ; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors . Kim Lee Commission Nurriler lrfl/37 Commission Expires Apri l 14, 2024 (Expiration of notary's commission does not invalidate this instrument) ~Wu Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies , which is still in full force and effect and has not been amended or revoked . MERCHAN~ BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) P.O . Box 14498, DES MO I NES , I OWA 50306-3498 PHONE : (800) 678-8171 FAX : (515) 243 -3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies , coverages , rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. 0 . Box 149104 Austin , TX 78714-9104 Fax: (512) 490-1007 Web : www.tdi.texas.gov E-mail : ConsumerProtection@tdi.texas .gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved , you may contact the Texas Department of Insurance . ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) SECTION 00 43 37 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 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 res ident bidders . B. The principal place of bus iness of our company or our parent company or majority owner is in the State of Texas . 0 BIDDER: EN D OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEN T S Rev ised 9/30/2021 "VJ Burn• ____ ___ (Signature) Title : President Date : 10/26/2023 00 41 00 Bid Proposa l Work book CPN 102784 Addendum No . 4 SECTION 00 45 11 BIDDERS PREQUALIFICA TIONS 00 45 II - I BIDD ERS PREQUALIFICA TIONS Page I of3 1. Summary. All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) li sted must submit Section 00 45 I 3 , Bidder Prequalification Application in accordance with the requirements below . The prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the open in g of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of Apri l must fi le the information by the 31st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission . a . A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles oflncorporation, Articles of Organization, Certificate of Formation , LLC Regulations , Certificate of Lim it ed Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/ and fill out the application to apply for your Texas tax ID. (2) The firm's e-mai l address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal A id projects. The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City . 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUM ENTS Revised July I, 20 I I SANITA RY SEWER REHA BILITA TIO N CON TRA C T 111 City Proj ect No. 102 784 00 45 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (2) To be satisfactory , the financial statements must be audited or reviewed by an independent, certified public accounting firm re g istered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on busine ss entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual , corporation, or limited liability company . ( 4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. ( 6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time . (8) The financial statement must be prepared as of the last day of any month , not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets -current liabilities) by a factor of I 0. Only those statements reflectin g a positive net working capital position will be considered satisfactory for prequalification purposes . (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "NIA" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer , model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FOR T WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised J uly I, 2011 SANITARY SEWER REHABILITATION CONTRA CT 111 City Projecl No. 102784 00 45 II -3 BIDDERS PREQUA LIFI CATIONS Page 3 of 3 d . If a contractor has a valid prequalification letter, the contractor will be eli g ible to bid the prequ alified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH ST AND ARD CO NSTRUCTION SPE CIFICATIO N DOCUM ENTS Revi sed Jul y I, 20 I 1 SANITARY SEWER REHA BILITA TI ON CONTRA CT 1 I 1 City P roj ect N o. 102784 SECTION 00 45 12 PREQUALIFICATION STATEMENT 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed . Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Water Distribution , Urban and Renewal, 12 -inch diameter and R & D Burns Brothers , Inc 4/30/2024 smaller Sewer Collection System , Urban/Renewal, 12-inches and R & D Burns Brothers , Inc 4/30/2023 smaller Sewer Pipe Enlargement , 12-Excel 4 Construction 10/31/2023 inches and smaller Sewer Hand Tunneling , 12-Circle C Construction 4/30/2024 inches and smaller "'\<>tJI ,.,.,. CIVIi i~ Construction/Reconstruction Peachtree 10/1/2024 (Less than 15 ,000 Square V<:>•,-1,,\ - - - The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: R & D Burns Brothers, Inc PO BOX 786 Burleson, Texas 76097 0 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09 /30 /2021 (Signature) Title : President Date : END OF SECTION 00 41 00 Bid Proposal Workboo k CPN 102784 Addendum No . 4 fORTWORTH ....... ~ .,.,,. SECTION 00 4513 BIDDER PREQUALIFICA TION APPLICATION Date of Balance Sheet Mark only one: Individual Name under which you wish to qualify Limited Partnership General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code Street Address (required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTION AIRE ALONG WITH FINANCIAL ST A TEMENTS TO: CITY OF FORT WORTH TEXAS 200 TEXAS STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICA TION APPLICATION" 00 45 I 3 BIDDER PREQUALIFI CA TION APPLJCA TION Page 2 of8 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) D Has fewer than 100 employees and /o r D Has less than $6,000,000.00 in annual gross receipts OR D Does not meet the criteria for being des ignated 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 eligibi lity to become prequa lified. MAJOR WORK CATEGORIES Water Department Augur Boring -24-inch diameter casing and less Augur Boring -Greater than 24-inch d iameter casing and greater Tunneling-36-Inches -60 -inches, and 350 LF or less Tunneling -36-Inches -60 -inches, and greater than 350 LF Tunneling-66" and greater, 350 LF and greater Tunnel ing-66" and greater, 350 LF or Less Cathodic Protection Water Distr ibution , Deve lopment, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution , Deve lopment, 12 -inch diameter and smaller Water Distrib ution, Urban and Re newal, 12-inch d iameter and small er Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and small er Water Transmission, Deve lopme nt, A ll Sizes Water Transmission, Urban/Renewal , A ll Sizes Sewer Bypass Pumping, 18-inches and small er Sewer Bypass Pumping, 18 -inches -36-inches Sewer Bypass P umping 42-inches and larger CCTV, 8-inches and sma ll er CCTV, 12 -inches and sma ll er CCTV, 18-inches and smaller CCTV, 24-inches and small er CCTV, 42-inches and small er CCTV, 48-inches and sma ll er CITY OF FORT WORTH ST AND ARD CONSTRUCTIO N SPECIFICATION DOCUMENTS Revi se d March 9, 2020 SANITARY SEWER REPHABILJTATION CONTRACT I I I CityProjec t No. 102 78 4 00 45 13 BfDD E R PREQUALIFICA TION APPLICATION Page3of8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Co ll ection 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 En largement 12-inches and smaller Sewer Pipe Enlargement 24-inches and sma ll er Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer C leaning, 42-inches and small er 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 -inch es 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 Co nstruction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFIC ATION DO C UMENTS Revised March 9, 2020 SANITA RY SEWER REHABILITA TIO N C ON TRA C T I I 1 City Projec t No. 102 784 1. List equipment you do not own but which is available by renting 00 45 13 BIDDER PREQUALIF ICAT ION APPLICATION Page 4 of8 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 reaso n . _____________ _ 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 STANDARD CONSTRUCTION SPECIF ICATION DOCUMENTS Revi sed March 9, 2020 SANITARY SEWE R REHAB/LITA TIO N CONTRACT I I I City Project No. 102784 00 45 13 BIDDER PREQUALIFICATION APPLICATION Page 5 of8 8. In what other lines of business are you financially intere sted? _______________ _ 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 individual s 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 receive s 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 SANITARY SEWER REPHABJLITATION CONTRACT 111 City Project No. 102 78 4 CORPORATION BLOCK If a corporation: Date of In corp orati on C harte r/F il e N o . Pres id ent Vi ce Pres id ent s Sec ret ary T reas urer LIMITED LIABILITY COMP ANY BLOCK If a corporation: State oflncorporati on Date of organi zation Fi le No. Officers or M anage rs (w ith titl es, if any) 00 45 13 BIDD ER PRE Q UALIF ICATIO N APPLICATION Page 6 of 8 PARTNERSHIP BLOCK If a partnership: St ate of Organi zati on Date of organizat ion l s partners hip ge neral, limi te d , or reg istered limited li a bili ty partnership ? F il e No. (if L imited Partnersh ip) Ge neral Partners/Office rs Li mi te d Partners (if app li cabl e) Indi v id uals authorized to s ign fo r P artn ership Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unl ess otherwise advised. Shou ld 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 SP ECIFIC AT ION DOCUMENTS Revi sed March 9, 2020 SANITARY SEWER REHABJLITATJON CONTRA C T 111 City Proj ect N o. I 02784 14 . E quipment 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 IT EM DESCRIPTION Various- 00 45 13 BIDD ER PREQUA LIFICA TI ON APPLICAT ION Page 7 of8 $ _____ _ TOTAL BALANCE SHEE T VALUE 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, reserve s 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 . C ITY OF FORT WORTH STAND ARD CONS TRUC TIO N SP EC IFI CATIO N DOCUMENTS Rev ised March 9, 2020 SANITA RY SEWER REPHA BJLITA TION CONTRACT 111 C ity Project No. 102784 00 45 13 BIDD ER PREQUALIFI CA TION APPLICATION Page 8 of8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. ______________________ ., being duly sworn, deposes and says that he /s he is the _______________ of -----------~ the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this _____ day of ________ ~ ____ _ Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC fFICATION DOCUMENTS Revi sed March 9, 2020 SANITARY SEWER REHABILITATION CONTRACT 111 City Project No. 102784 00 45 26 -I CONTRACTOR COMPLIANCE WTTH WORKER'S COMPENSATIO N LAW Page I of I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor cert ifie s that it 4 provides worker 's compensation insurance coverage for all of its employees employed on City 5 Project No. 102301. Contractor further certifie s that, pursuant to Texas Labor Code, Section 6 406 .096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker 's compensation coverage. 8 9 CONTRACTOR: ~ ~ ~ :6 U¥lt' ~ ·~By: -~~~~~~~- 12 Company 13 14 ?u ~CJ:i,I~ Signature: ~.r:___---=~------ 15 Address 16 '\)_ • ?, ,...___n _.A-- 17 ' ..=>~~ ~G,c::>17 Title: __ ffi:s-"-"-~-------- 18 City/State/Zip (Please Print) 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 THE ST A TE OF TEXA S § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared '1)( .l".::-0-\.~ (3 (>,VI"-~ , known to me to be the person whose name is subscribed to the fore go ing instrument, and acknowledged to me that he /s he executed the same as the act and deed of e-+-u (:) u--r ~ :X:.-.c._ for the purposes and consideration therein expressed and in the capacity therein stated . vol GIVEN UNDER MY HAND AND SEAL OF OFFICE this c:)1 - ~~~ '26)_,,j day of Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRU CTIO N SPECIFICATION DOCUMENTS Revi sed Jul y I , 2011 KAREN BURNS LANE Notary ID #125125363 My Commiss ion Expires November 22 , 2024 SANI TARY SEWER REHABILITATION C ON TRACT I I I City Project No. 102 784 1 SECTION 00 45 40 2 Bus in ess E qui ty Goal 3 APPLICATION OF POLICY 00 45 40 - I Bu s in ess Equity Goal Page I of2 4 If th e total doll ar v alu e of th e contrac t is $100 ,000 or mo re, then a Bu sin ess Equi ty goal is appli cabl e . 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is th e poli cy of t he Ci ty of Fort Worth to en s ure the full an d equi tabl e part ic ip at ion of Bu sin ess E qui ty 10 F irm s when a ppli cabl e, in th e proc urem ent of a ll go od s and se rv ices. A ll requirements and regul ation s 11 stated in the City's Busi ness E qui ty Ordin ance No .2 516 5-10-2 02 1, (re pl ac in g Ord in ance No. 245 34-11- 12 2 02 0 (c odifi ed at: https ://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 ) a ppl y to 13 thi s bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 T he City's Bu s in ess Equity g oal on thi s proj ec t is I 0 % of th e total bid valu e of th e contract (Base bid 17 appli es to Parks and Comm un ity Serv ices). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On C ity contracts w here a Bus in ess Eq u ity Goal is appli ed , offe ror s are required to co mpl y wit h th e C ity's 2 1 Bu siness E qui ty Ordinance by m eeting or excee din g th e a bove stated goa l or otherwise comply w ith the 22 ordinance throug h one of th e fo llowing method s : 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation , 4. Business 2 5 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 2 7 2 8 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Ap pli cabl e d oc um ent s (li ste d be low) mu st be rece ive d by the Purc h as in g Divi sion , OR th e offe ror s hall 30 EMAIL th e Busi n ess Equi ty doc umentati o n to th e ass igned City of Fo rt Worth Proj ect M an age r or 31 De partm ent D es ig nee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The O ffe ror mu st submit one or more of the follo wing d oc um ents : 35 I. Utilization Form and Letter(s) oflntent, if the g oal is met or exceeded ; 36 2 . Good Faith Effort Form and Utilization Form , in c luding s upporting do c um ent ati on, if 37 particip ation is les s than stated goal, or no Bus in ess E quity parti cipation is ac compli sh ed ; 38 3. Prime Contractor Waiver Form, includin g s upportin g docum entat io n , if th e Offe ror w ill perfo rm 39 a ll s ubcontrac ting/s upplier o pp ortuniti es; or 40 4. Joint Venture/Mentor-Protege Form, if goa l is met or exceeded w it h a Joint V entur e or M entor- 41 Pro tege particip ation. 42 43 These forms can be found at: 44 Bus ine ss E quity U tili zation Fo rm and L etter ofintent 45 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 -MWBE/Business Equity Utilization 46 Form DVIN 2022 220324.pdf 47 48 Letter oflntent 49 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF ICATION DOCUMENTS Revised Octobe r 27, 202 1 SANITARY SEWER REHAB ILITATION CONTRACT, 111 City Project No. I 02784 00 45 40 -2 Bu s ine ss Eq uity Goal Page 2 of2 1 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 -MWBE/Letter of lntent DVIN 2 2021.pdf 3 4 Business Equi ty Good Faith Effort Form 5 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 -MWBE/Good Faith Effort 6 Form DVIN 2022.pdf 7 8 Business E quity Prime Co ntractor Waiver Form 9 https://apps .fortworthtexas.gov /ProjectResources/ResourcesP/60 -MWBE/MWBE Prime Contractor 10 Waiver-220313.pdf 11 12 Business Eq ui ty Joint Venture Form 13 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 -MWBE/MWBE Joint 14 Venture 220225 .pdf 15 16 17 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WlTH THE ORDINANCE WILL 18 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESPONSIVE AND THE BID 19 REJECTED. 20 2 1 22 FAILURE TO SUBMIT THE RE QUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE 23 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 24 RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 25 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 26 27 For Questions, Please Contact The Business Equity Division of the Department of Diversity and 28 Inclusion at (817) 392-2674. 29 END OF SECTION 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 27, 202 1 SANITARY SEWER REHABILITATION CONTRACT,111 City Project No. 102784 SECTION 00 52 43 00 52 43 -I Agreement Page I of6 AGREf MENT THIS AGREEMENT, authorized on J:l /J:}. L1!3 , is made by and between the City ofF01t Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and R&D Bums Brothers, Inc. authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Pa1ties. 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 pa1t is generally described as follows: Sanitary Sewer Rehabilitation Contract, 111 CPN 102784 Article 3. CONTRACT PRICE City agrees to pay Contractor for pe1formance of the Work in accordance with the Contract Documents an amount, in CUJTent funds, offi,•c million, !IVO hundred forty thousand,scvcn hundr.:d U•irty-nine Doi lars ($ 5,240,739.00 ). Contract price may be adjusted by change orders duly authorized by the Pruties. Article 4. CONTRACT TIME 4 .1 Final Acceptance. The Work shall be complete for Final Acceptance within 200 days after the date when the Contract Time commences to run, as provided in Paragraph 2 .02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence far 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 six-hundred and thrity Dollars ($630.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH ST ANDA RD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22n022 SanitaJ)' Sewer Rehabilitation Contract , I I I City Project No. 102784 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: 00 52 43 -2 Agre ement Page 2 of 6 A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work cons ist 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 1. MBE and /or SBE Utilization Form 3 . General Conditions. 4 . Supplem entary Cond ition s . 5. Specification s spec ifi call y made a part of the Contract Documents by attachment or, if not attached, as in corporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7 . Addenda. 8. Documentation submitted by Contractor prior to Notice of Award . 9. The fo ll owing whi ch 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. Fie ld 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 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. CITY OF FORT WORTH ST AND ARD CONSTRUCT ION SP ECIFICATION DO CUMENTS Revised 8/22 /2022 Sanita1 y Seive r Rehabilitation Contract, 111 City Proj ect N o. 102 78 4 00 52 43 -3 Agreemen t Page 3 of6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence 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 repre sentatives to the other party hereto , in re s pect 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 s hall 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 Venu e. 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 dul y authorized signatory of the Contractor. 7. 7 Non-appropriation of Funds. In the event no funds or in s ufficient funds are appropriated by City in any fiscal period for any payments due hereunder , City w ill notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS Revi sed 8/22/2022 Sanitary Sewer Rehabilitation Contract, 111 City Project No. 102784 00 52 43 -4 Agreement Page 4 of6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more , the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it : (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13 , § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more , which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13 , § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7. 10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19 , § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice , policy , guidance , or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 227 4 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22 /2022 Sanitary Sewer Rehabilitation Contract, 111 City Project No. 102784 7 .11 Immi gration Nationality Act. 00 52 43 -5 Agre em ent Page 5 of6 Contractor shall verify the identity and employment e li g ibility of its employees who perform work under this Agreement, including completing the Emp lo yment E li gibility Verification Form (I-9). Upon reque st by City , Contractor shall provide C ity w ith copies of all I-9 forms and supporting e li g ibility documentation for each emp lo yee who performs work under trus Agreement. Contractor shall adhere to a ll Federal and State laws as well as estab li sh appropriate procedures and controls so that no services wi ll be performed by any Contractor employee who is not legally eligible to perform suc h 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 E ng ineer. Contractor, it s subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shal l maintain no direct action against th e Engineer, its officers , employees, and subcontractors, for any claim arising out of, in connection with, or res ulting from the engineerin g services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the E ngineer's personnel at a construction site, whether as on-site repre sentatives or otherwise, do not make the E ngi neer 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 reli eve the construction co ntractors or any other ent ity of their obligations , duti es, and respon s ibilities , including, but not limited to , all construction methods, means , techniques, se qu ences, and procedures nece ssary for coordinating and completin g all portion s of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The E ng ineer and its personnel have no authority to exerc ise any control over any construction contractor or other entity or their emp lo yees in connection with their work or any health or safety precautions. CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPEC! FICA TION DOCUMENTS Revi sed 8/22 /2022 • San itary Sewer Rehabilitation Con tract , I I 1 City Project No. 102 784 00 52 43 -6 Agreement Pnge 6 of6 IN WITNESS WHEREOF, City and Contractor have each exec uted this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: -------------== Signature (Printed Name) .-:Pve.-~-,~- Title P t£uy;7gL City/State/Zip Date CITY OF FORT WORTH City of Fort Worth By: Fernando Costa Assistant City Manager Feb 21, 2024 Date Attest: M&C: 23-1076 Date: I 2/12/2023 Form 1295 No.: 2023-1088628 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 ~~ Lawrence Ha • -ton Project Manager Approved as to Form and Legality: ~ Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: Cbd,too bec Har@r ChristopherHirdtt'J;.b l9,202•16:SlC5T} Chris Harder, P.E. Director Water Department STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22/2022 1 2 3 4 THE STATE OF TEXAS SECTION 00 6113 PERFORMANCE BOND § Bond Number: 100290584 006113-1 PERFORMANCE BOND Pagel of2 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, R&D Burns Brothers, Inc. known as 8 "Principal" herein and Merchants Bonding Company (Mutual) , a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and :firmly bound unto the City of Fort Wo1th , a 11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal Five Million Two Hundred Forty Thousand 12 sum of, Seven Hundred Thirty Nine and No/100 Dollars 13 ($5,240,739.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the~ day of _D_e_c_em_be_r ___ ~ 20~ which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth here in, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as Sanitary Sewer Rehabilitation Contract, 22 111, City Project No. 102 784. 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTif STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July!, 2011 Sanitary Sewer Rehabilitation Cont ract, 111 City Project No . 102784 00 6113 -2 PERFORMANCE BOND Page 2 of2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the _1_2t_h ____ day of __ _ 6 December 20~. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ATTEST: ~~ (Pincipal) Secretary Witness as to Principal PRINCIPAL: R&D Burns Brothers , Inc . Add ress : P.O . Box 786 Burleson TX 76097 SURETY: Merchants Bonding Company (Mutual) BY~~ Payton Blanchard , Attorney-in-Fact Name and Title Address: P.O. Box 14498 Des Moines IA 50306 Telephone Number: 515-243-B171 *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 fro·m 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 WORTI! STANDARD CONSTRU CTION SPECIFICATION DOCUMENTS Revised July I , 2011 Sanitary Sewer Re ha bilitation Contract, 111 City Project No. I 02784 MERCHANTS~ BONDING COMPANY,.. POWER OF ATTORNEY Know All Persons By These Presents . that MERCHANTS BONDING COMPAN Y (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., both be ing corporations of the State of Iowa . d/b /a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies ") do hereby make , constitute and appoint . individually , Allison C Lueck ; Bryan Simpson ; Cadda E Eary ; Caitlin Kelley ; Donna Martinez ; H E Wilkins ; Haley Crocker ; James R Reid ; Jessi ca Turner ; Julie Lind sey ; Kay Blair ; Lindsay Senior; Malachi Smith ; Marie Reyna ; Markham Paukune ; Michelle Blizzard ; Payton Blanchard ; Ralph E French ; Sandra Fuller ; Shane Sm ith ; Shawn Blacklock ; Teresa C Smith ; Tina LaValley ; William Blanchard ; Will iam Mitchell Jennings their true and lawful Attorney (s)-in-Fact , to sign its name as surety(ies) and to execute , seal and acknowledge any and all bonds , undertakings , contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons . guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law . This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14 , 2015 and adopted by the Board of Directors of Merchants National Bonding , Inc., on October 16 , 2015 . "The President . Secretary , Treasurer. or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact , and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto , bonds and undertakings , recognizances , contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facs imile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and del ivery of any bond . undertaking , recognizance , or other suretyship obligations of the Company , and such signature and seal when so used shall have the same force and effect as though manually fixed ." In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee . shall not relieve this surety company of any of its obligations under its bond . In connection with obligations in favor of the Kentucky Department of Highways only , it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation . In Witness Whereof, the Companies have caused this instrument to be signed and sea led this 20th day of September . 2023 ···•·!•,oii,'~•····· .• ~G-·c·.. MERCHANTS BONDING COMPANY (MUTUAL) •••~t,.~ ....... ~(. ~••• •• • ~\': .... _D4r..••• MERCHANTS NATIONAL BONDING, INC. l<,,, .. ··()·~PO,«.>,;· •.. o·•. .. (:)~··y.PO,f ·~·. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY -L · •,-, ""f>_• A• 0 ~--.. ~ ,, •~• ~ : ~: V (f>."• #' ~ • c:,,.:~ -.::••."": -~:~ 0 c,:e>-._.... , .. ~;~.-2-00-3 }zi :~c 1-9°3~ 0 /~: :::; ~¥--~ ,.,. .. :,.0: • ..-_. . C:::::-• By ..... • '";;,·. .. '::Y. ·•-.c$-l·.... . ... ···' ...... ,,. •• ~ •. .• ..1..C::::.. '•"Z'Jt ··*·· -~~•• •.~1t ··*···\;~•• President ST A TE OF IOWA COUNTY OF DALLAS ss . •···········• •....•• On this 20th day of September 2023 . before me appeared Larry Taylor, to me personally known . who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC .; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies ; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors . Kim Lee Commission N r 7ff2.737 ~ Commission Exs:'ires Apri l 14, 2024 (Expiration of notary's commission does not invalidate this instrument) ~CUD Notary Public I, William Warner. Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC .. do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies , which is still in full force and effect and has not been amended or revoked . 1 2 3 4 THE STATE OF TEXAS SECTION 00 6114 PAYMENT BOND Bond Number: 1 00290584 00 61 14 • 1 PAYMENT BOND Pag e 1 of2 5 § § § KNOW ALL BY THESE PRESENTS: 6 COUNTYOFTARRANT 7 That we, _R_&_D_B_u_rn_s_B_ro_th_e_rs~, _ln_c . ________________ , known as 8 "Principal" herein, and Merchants Bonding Company (Mutual) a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, Five Million Two Hundred Forty Thousand 12 in • the penal sum of Seven Hundred Thirty Nine and No/100 Dollars 13 ($ 5,240,739 .00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 ~day of December 20.E._, which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as Sanitary Sewer Rehabilitation Contract, 111, City Project No. 22 102784. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void ; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 Sanitary Sewer Rehab/lltat/011 Commct, I I I City Project No. 102784 0061 14-2 PAYMENT BOND Page 2 of2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the ~1_2t_h __ _ day o f 3 _ D_e_ce_m_b_e_r ____ __,2O23 4 ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Surety) Secretary ~A.Ad~ itru(sas to Surety ' Jessica Turner PRINCIPAL: R&D Burns Brothers , Inc . BY\-=:----- Signature -~~ tJ~s·~~~ Name and Title Address: P.O . Box 786 Burleson , TX 76097 SURETY: Merchants Bonding Company (Mutual) BY:~ Stgn e Payton Blanchard , Attorney-i n-Fact Name and Title Address: ~P~O~B-a-x ~l4=4~98------- Des Moines , IA 50306 Telephone Number: 515-243-8171 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 IO The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Sanitary Sewer Rehabillratio11 Co11tract, 111 City Project No . 102784 MERCHANTS~ BONDING COMPANY™ POWER OF ATTORNEY Know All Persons By These Presents , that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., both being corporations of the State of Iowa , d/b/a Merchants National Indemnity Company (in Cal ifornia only) (herein collectively called the "Companies ") do hereby make , constitute and appoint , individually , Allison C Lueck ; Bryan Simpson ; Cadda E Eary ; Caitlin Kelley ; Donna Martinez ; H E Wilkins ; Haley Crocker; James R Reid ; Jessica Turner ; Julie Lindsey ; Kay Blair ; Lindsay Senior ; Malach i Smith ; Marie Reyna ; Markham Paukune ; Michelle Blizzard ; Payton Blanchard ; Ralph E French ; Sandra Fuller; Shane Smith ; Shawn Blacklock ; Teresa C Smith ; Tina LaValley ; William Blan chard ; William Mitchell Jennings their true and lawful Attorney(s)-in-Fact , to sign its name as surety(ies) and to execute , seal and acknowledge any and all bonds , undertakings , contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons , guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law . This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23 , 2011 and amended August 14 , 2015 and adopted by the Board of Directors of Merchants National Bonding , Inc., on October 16 , 2015 . "The President , Secretary , Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact , and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto , bonds and undertakings , recognizances , contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond , undertaking , recognizance, or other suretyship obligations of the Company , and such signature and seal when so used shall have the same force and effect as though manually fixed ." In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee , shall not relieve this surety company of any of its obligations under its bond . In connection with obligations in favor of the Kentucky Department of Highways only , ii is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be mod ified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation . In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2oth day of September , 2023 .•···~·,o;.:,~······ ... ,;,;"co... MERCHANTS BONDING COMPANY (MUTUAL) ••• ~ ........... J. ~••• • ~~ ......... ~,4 •• MERCHANTS NATIONAL BONDING, INC. /"> .··o~PO~,'i"·-o••• •♦~.·~\\POJ9.j·.1'~•• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY :#..;/CJ ~·.~~ •• '1 .,,>.• .,L• ~ -~:-t--o-'o:o-•C"):-t-..,,· •• [;\-fZE :S.c 1-9o3-3 o}i:: By -:::::; ~~ -;. ... ·.. 2003 . .-J:>; • .,_. . c:::,. -""' . -•-"'."'-,·. : -::-,. ••~••. •••:-,,.,• •.v~.. . . .J.(;;:,• ••.~h:·• ........ ••i:,~ .• • •.~~• .... •·\'\":•" President ST A TE OF IOWA '•;',"•• * ·•••••• • • * • ••••••• COUNTY OF DALLAS ss . ••1111111 On this 20th day of September 2023 , before me appeared Larry Taylor , to me personally known , who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC .; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies ; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Comm ission N r 7Cfl.737 Commission ~res Ap ri l 14, 2024 (Expiration of notary's commission does not invalidate this instrument) ~ cuu Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies , which is still in full force and effect and has not been amended or revoked . 2 3 SECTION 00 6119 MAINTENANCE BOND 4 THE STATE OF TEXAS § Bond Number : 100290584 00 6119 -1 MAINTENANCE BOND Page 1 of3 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTYOFTARRANT § 7 That we R&D Burns Brothers , Inc. known as 8 "Principal" herein and Merchants Bonding Company (Mutual) a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, Five Million Two Hundred Forty Thousand 12 in the sum of Seven Hundred Thirty Nine and No/100 Dollars 13 ($ 5 ,240 ,739.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 15 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents . 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarde d 19 the~ day of December 20..2L., which Contract is hereby 20 referred to and a made p art hereof for all purposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Or de r (collectively herein, 23 the "Work") as provided for in said contract and des ignated as Sanitary Sewer Rehabilitation 24 Contract, 111, CPN 102784; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Wo rk in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after th e date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period . 34 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Sanitary Sewer Reh abilitation Contract, 111 City Project No . 102784 00 6119 -2 MAINTENANCE BOND Page 2 of3 NOW THEREFORE, the condit ion of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a comp letion 3 satisfactory to the City, then this obligation shall become null and vo id; otherwise to remain in 4 full fo rce and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to rep air or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Suret y under this Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be ha d hereon for successive breaches. 17 18 19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I , 2011 Sanitary Sewer Rehabilit ation Contract, 111 City Project No . 102784 00 6119 -3 MAINTENANCE BOND Page3 of3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED thi s 2 instrument by duly authorized agents and officers on this the 12th day of _____ _ 3 December 20~. 4 5 6 7 8 9 10 ~~ ~--- 14 (Principal) Secretary 15 16 17 18 19 20 Witness as to Principal 21 22 23 24 25 26 27 28 29 ATTEST: H ~~ 33 34 35 36 PRINCIPAL: R&D Burns Brothers , Inc . Address: p o Box 786 Burleson TX 76097 SURETY: Merchants Bonding Company (Mutual) Payton Blanchard , Attorney-in-Fact Name and Title Add ress: P.O . Box 14498 Des Moines , IA 50306 Telephone Number: 515-243-8171 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation . If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Sanitary Sewe r Rehabilitation Contract, 111 City Project No. 102784 MERCHANTS~ BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents , that MERCHANTS BONDIN G COMPANY (MU TUAL ) and MER CHANTS NATIONAL BONDING , INC ., both being corporations of the State of Iowa , d/b /a Merchants National Indemnity Company (in California only) (here in collectively called the "Companies ") do hereby make , constitute and appoint , individually , Allison C Lue ck; Bryan Simpson ; Cadda E Eary ; Caitlin Kell ey ; Donna Martine z ; H E Wilkins ; Haley Cro cker ; James R Reid ; Jessi ca Turner ; Julie Lindsey ; Kay Bla ir ; Lindsay Senior; Malachi Smith ; Marie Reyna ; Markham Paukun e; Mi che ll e Blizzard ; Payton Blan chard ; Ralph E French ; Sandra Fuller; Shane Smith ; Shawn Blacklock ; Teresa C Smith ; Tina LaVall ey ; William Blanchard ; William Mitchell Jennings their true and lawful Attorney(s)-in-Fact , to sign its name as surety(ies) and to execute , seal and acknowledge any and all bonds , undertakings , contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons , guarantee ing the performance of contracts and executing or guarante eing bonds and undertakings required or permitted in any actions or proceedings allowed by law . This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23 , 2011 and amended August 14 , 2015 and adopted by the Board of Directors of Merchants National Bond ing , Inc ., on October 16 , 2015 . "The President , Secretary , Treasurer , or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact , and to authorize them to execute on behalf of the Company , and attach the seal of the Company thereto , bonds and undertakings , recogn izances , contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond , undertaking , recognizance , or other suretyship obligations of the Company , and such signature and seal when so used shall have the same force and effect as though manually fixed ." In connection with obligations in favor of the Florida Department of Transportation only , it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and /or its assignee , shall not relieve th is surety company of any of its obligations under its bond . In connection with obligations in favor of the Kentucky Department of Highways only , it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation . In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 20th day of September , 2023 ····~{,oiv~•····· .·•,;a· co··. MERCHANTS BONDING COMPANY (MUTUAL) ••• ~t-......... ._(. ~••• • ~~ ......... 4/,o • MERCHANTS NATIONAL BONDING, INC. /r,, _.-0~POfi;,•· .. o••• •♦~~.-~~P01{;•.~;•. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY :":"CJ ~•.-i-\ •• ~ _.4·.:.,t.• ~ 2·~ , ... 0 •Co?;~ ff'• • ~ccf--o-o~-; :~:--o-o:-• ~~ :,:-:_ ;2 : .,:. 1933 .:3:: ~ :.•"' ... 2003 . .-.. t:> _; • .,,,._. • C:::-• By .., . • -........ .• ::-v. -.~ ••. ..·... •• •.""'&-:·· .• ..>.<:;:,. ••.~Ji,·• ........ •;"r:,~ •• • ••:.>Ji· .... ···\'\"":•• President ST A TE OF IOWA •••••• * •••••• • • * • COUNTY OF DALLAS ss . • • .,,.,,, ••••••• On this 20th day of September 2023 , before me appeared Larry Taylor , to me personally known , who be ing by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies ; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Ki m Lee Commission Nllllher 7rt2.737 Commiss.ion Expires ~ri l 14, 2024 (Expiration of notary 's commission does not invalidate this instrument) ~ Wu Notary Public I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING , INC ., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies , which is still in full force and effect and has not been amended or revoked . MERCHAN~ BONDING COMPANY,. MERCHANTS BONDING COMPANY (MUTUAL) P.O . Box 14498, DES MOINES , I OWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243 -3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number prov ided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies , coverages , rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. 0. Box 149104 Austin , TX 78714-9104 Fax : (512) 490-1007 Web : www.tdi.texas .gov E-mail : ConsumerProtection@tdi.texas .gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved , you may contact the Texas Department of Insurance . ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) SE CTION 00 61 25 2 CERTIF ICATE OF INSURANCE 3 4 5 006 1 25 -1 CE RTIFI CATE O F INS URANCE Page I of I 6 [Assembler: For Contract Docum ent execution, remove this page and replace with standard 7 ACORD Certificate of Insurance form .} 8 9 11 12 13 14 15 16 17 18 19 20 2 1 22 23 24 END OF SECTION C ITY OF FORT WORTH STANDARD CONSTRUCTIO N SPEC rF !CATION DOCUMENTS Rev i sed Jul y I , 20 I I Sanita,y Sewer Rehabilitation Contract, 111 City Project No. 102 784 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT ST AND ARD CONSTRUCTION SPECIF !CA TIO N DOCUMENTS Revi sion : &23/2021 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article l -Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 6 Artic le 2-Preliminary Matters ......................................................................................................................... 7 2 .01 Copies of Documents .................................................................................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 2. 03 Starting the Work .......................................................................................................................... 8 2.04 Before Starting Construction ........................................................................................................ 8 2 .05 Preconstruction Conference .......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2. 07 Initial Acceptance of Schedules .................................................................................................... 8 Artic le 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 ofDocum ents ................................................................................................................... 10 3.0 6 E lectronic Data ............................................................................................................................ 11 Article 4 -Ava ilability of Lands; Subs ur face and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... 11 4.01 Availability of Lands .................................................................................................................. 11 4.02 Subs ur face and Physical Conditions .......................................................................................... 12 4.03 Differing Sub sur face or Physical Conditions ............................................................................. 12 4.04 Underground Facilities ............................................................................................................... 13 4.05 Reference Points ......................................................................................................................... 14 4.06 Hazardous Environmenta l Condition at Site .............................................................................. 14 Artic le 5 -Bonds and Insurance ..................................................................................................................... 16 5.01 License d Sureties and Insurers ................................................................................................... 16 5.02 Performance, Payment, a nd 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 Supervis ion and Superintendence ............................................................................................... 19 CITY OF FORT WORTH ST AND ARD CONST RU CTI ON SPECIF ICA TIO N DOCUMENTS Revision : &,23/2D21 6.02 Labor; Working Hours ................................................................................................................ 20 6.03 Services, Materials , and E quipm e nt ........................................................................................... 20 6.04 Project Schedu le .......................................................................................................................... 21 6.05 Substitutes and "Or-E quals " ....................................................................................................... 21 6.06 Concerning Subcontractors , Suppliers, and Othe rs .................................................................... 24 6.07 Wage Rate s .................................................................................................................................. 25 6.08 Patent Fees and Royalties ........................................................................................................... 26 6.09 Permits and Utilities .................................................................................................................... 27 6.10 Laws and Regulation s ................................................................................................................. 27 6.11 Taxes ........................................................................................................................................... 28 6.1 2 Use of Site and Other Areas ....................................................................................................... 28 6.13 Record Docurnents ...................................................................................................................... 29 6.14 Safety and Protection .................................................................................................................. 29 6.15 Safety Representative .................................................................................................................. 30 6.16 Hazard Commun jcation Programs ............................................................................................. 30 6.17 E mergencies and/or Rectification ............................................................................................... 30 6.18 Submittals .................................................................................................................................... 3 1 6.19 Continuing the Work ................................................................................................................... 32 6.20 Contractor 's Genera l Warranty and Guarantee .......................................................................... 32 6.2 1 Indemnification ......................................................................................................................... 33 6.22 Delegation of Professional D es ign Services .............................................................................. 34 6.23 Right to Audit .............................................................................................................................. 34 6.24 Nondiscrimination ....................................................................................................................... 35 Article 7 -Other Work at the Site ................................................................................................................... 35 7.01 Relate d Work at Site ................................................................................................................... 35 7.02 Coordination ................................................................................................................................ 36 Article 8 -City's R espons ibilities ................................................................................................................... 36 8.01 Communications to Contractor ................................................................................................... 36 8.02 Furnish Data ................................................................................................................................ 36 8.03 Pay When Due ............................................................................................................................ 36 8.04 Lands a nd Ease ments ; 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 WorkPerformed .......................................................................................... 38 9.06 Decisions on Requirements of Contract Documents and Acceptability ofWork ..................... 38 CITY OF FORT WORTH STANDARDC0NSTRUCTI0N SPEC IFICATION DOCUMENTS Rev ision: &23/2021 Article 10 -Changes in the Work; Claims; Extra Work ................................................................................ 38 10.01 Authorized Changes in the Work ............................................................................................... 38 10.02 Unauthorized Changes in the Work ........................................................................................... 39 10 .0 3 Exec uti on of Change Orders ....................................................................................................... 39 10.04 Extra Work .................................................................................................................................. 39 10.05 Notification to Surety .................................................................................................................. 39 10.06 Contract Claims Process ............................................................................................................. 40 Article 11 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement. .................... .41 11.01 Cost of the Work ......................................................................................................................... 41 11.02 Allowances .................................................................................................................................. 43 11.03 Unit Price Work .......................................................................................................................... 44 11.04 Plans Quantity Measureme nt ...................................................................................................... 45 Article 12 -Change of Contract Price; Change of Contract Time ................................................................. 46 12.01 Change of ContractPrice ............................................................................................................ 46 12.02 Change of Contract Time ............................................................................................................ 47 12.03 Delays .......................................................................................................................................... 47 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects ........................................................................................................................ 48 13.02 Access to Work ........................................................................................................................... 48 13 .0 3 Tests and Inspections .................................................................................................................. 48 13.04 Uncovering Work ........................................................................................................................ 49 13.05 City May Stop the Work ............................................................................................................. 49 13 .0 6 Correction or Removal of Defective Work ................................................................................ 50 13.07 Correction Period ........................................................................................................................ 50 13 .0 8 Acceptance ofDefective Work. .................................................................................................. 51 13 .09 City May Correct Defective Work ............................................................................................. 51 Article 14 -Payments to Contractor and Comp letion .................................................................................... 52 14.01 Schedu le ofValues ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor's Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................ 55 14.05 Fina l Inspection ........................................................................................................................... 55 14.06 Final Acceptance ......................................................................................................................... 55 14.07 Final Payment. ............................................................................................................................. 56 14.08 Final Completion Delayed a nd Partial Retainage Release ........................................................ 56 14.09 Waiver of C laims ........................................................................................................................ 57 Article 15 -Suspens ion of Work and Termination ........................................................................................ 57 15 .01 City May Suspend Work ............................................................................................................. 57 15.02 City May Terminate for Cause ................................................................................................... 58 15.03 City May Terminate For Convenie nce ....................................................................................... 60 Artic le 16 -Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures ............................................................................................................. 61 CITY OF FORT WORTH STANDARD CONST RUCTION SPECIF ICA TIO N DOCUMENTS Revision: &23!2021 Artic le 17 -Misce llaneous .............................................................................................................................. 62 17 .01 Giving Notice .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumu lative Remedies ................................................................................................................. 62 17.04 Surviva l of Obligations ............................................................................................................... 63 17. 05 Headings ...................................................................................................................................... 63 CITY OF FORT WORTH STANDARDC0NSTRUCTI0N SPEC IFICAT IO N DOCUMENTS Revision: &2312D21 ARTICLE 1 -DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms 00 72 00 -1 GENERAL CO NDITI ON S Page I of 63 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 liste d-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 Docume nts-The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requir ements-The advertisement or Invitation to Bid , Instructions to Bidders , Bid security of acceptab le form, if any, and the Bid Form with any supp lements. 10. Business Day -A business day is defined as a day that the City conducts normal business, ge nerally Monday through Frid ay, except for federa l or state holidays observed by the City. 11. Calendar Day -A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPEC IF !CA TIO N DO CUMEN TS Revi sion : &23/202 1 00 72 00 -1 GENERAL COND ITI ONS Page 2 o f 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 revis ion in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effect ive 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 it s governing body through its City Manager, his des ignee , or agents authorized under his behalf, each of which is required by Charter to perform specific duties with respons ibility 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 governmg 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 dema nd 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. l 9. Contract Documents-Those items so de s ignated 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 l 1.03 in the case of Unit Price Work). 21. Contract Time -The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22 . Contractor-The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work-See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH ST ANDARDCONSTRUCTION SPECIFICATION DO CUMENTS Revi sion : &!2312D2 1 00 72 00 -1 GENERAL CO NDITI ONS 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 Ca lendar 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. Dire ctor 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 offic ially 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. Dir e ctor of Water Department -The officially appointed Director of the Water Department of the City of Fort Worth, Texas , or his duly appointed representative, assistant, or agents. 31. Drawings-That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be perfonned by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement-T he 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. Fie ld 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 satisfact ion of the City . CITY OF FORT WORTH STANDARD C0NS TR UC TIO N SPEC IFI CA TIO N DOC UM ENTS Rev ision : &'23/202 1 00 72 00 -1 GENERAL CO NDITIONS 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. Ge neral 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. Ha z ardous 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 whjch 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 . C ITY OF FORT WORTH STANDARD CONST RU CT IO N SPE CIF !CA TI ON DO C UM ENTS Revision : 8123.®1 0072 00 -1 GENERAL COND ITIONS Page 5 of 63 50. Project Schedule -A schedule, prepared and maintained by Contractor, in accordance with the General Requirem e nts, describing the se quence 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 und e r the Contract Documents. 52 . Project Manager-The authorize d representative of th e 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 E nergy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Re gu lar Working Hours -Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holiday s). 56. Samples-Phy s ical examples of materials , equipment, or workmanship that are repre se ntative of so me portion of the Work and which esta blish the standards by which such portion of the Work will be judge d . 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 des ignated 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 STANDARDCONSTRUCTION SPECIFIC ATIO N DO CUMENT S Revi sion : &23/202 1 00 72 00 -1 GENERAL CON DITI ON S Page 6 of 63 62 . Submittals-All drawings , diagrams, illustrations , schedules , and other data or information which are specifically prepared or assemb led by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Substantial Comple tion -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 A ward . 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. Suppleme ntary Condition s-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 Fa c ilities-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 I 1.03 of these General Conditions for defmition. 70. Wee kend Working Hour s -Hours beginning at 9:00 a.m. and ending at 5:00 p .m., Saturday , Sunday or legal holida y, as approved in advance by the City. 71. Work -The entire construction or the various separately identifiable parts thereofrequired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor , services , and documentation nece ss ary to produce such construction including any Change Order or Fie ld 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 defmed as a day, not including Saturdays , Sundays , or legal holidays authorized by the City for contract purposes , in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a .m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defmed but, when used in the Bidding Requirements or Contract Documents , have the indicated meaning. B. Intent of Ce rtain Te rms or A djectiv es: CITY OF FORT WORTH ST ANDARDC0NS TR UC TI 0N SPEC IFICAT ION DOCUMENTS Revisio n: ~I 00 72 00 -1 GENERAL CO NDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved ," "as ordered," "as directed " or terms of like effect or import to authorize an exercise of judgment by City. In addition , the adjectives "reasonable ," "suitable," "acceptable ," "proper," "satisfactory," or adjectives of like effect or import are used to des cribe an action or determination of City as to the Work. It is intended that s uch exercise of profes sional judgment, action , or determination will be solely to evaluate , in general, the Work for compliance with the information in the Contract Docume nt s 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 . Defec tive: 1. The word "defective," when modifying the word "Work," refers to Work that IS unsatisfactory , faulty , or deficient in that it : a . doe s 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. Furnis h, Install, Peiform, 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 s imilar dir e ctive 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) additiona l copie s of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time ; Notic e to Proce ed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. CITY OF FORT WORTH ST AND ARD CONS TR UCT ION SPEC IFICATION DOCUMENTS Re vision: &23/202 1 2.03 Starting the Work 00 7200 -1 GENERAL CO NDITI ONS Page 8 of 63 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 Co nstruction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents . 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City . 2.07 Initial Acceptance of Schedul es No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents . ARTICLE 3 -CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project ( or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation , services , materials , or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City . D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as ''the Contractor shall," "in conformity with," "as shown," or "as specified " are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revis ion : 8f23.12J2 1 00 72 00 -1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style 111 making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards , Specifications , Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations , whether such reference be specific or by implication , shall mean the standard, specification , manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification , manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors , consultants, agents, or employees , from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City , or any of its officers, directors, members, partners , employees , agents , consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity , or discrepancy which Contractor discovers , or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor 's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity , or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORT H ST AND ARD CONSTR UC TIO N SPEC IF ICA TIO N DOCUMENTS Revi sion : &123.Q021 007200-1 GENERAL COND ITI ONS Page 10of 63 6.17.A) until an amendment or supplement to the Contract Documents ha s 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. Re solving Discrepancies: 1. Exc ept 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 dim e nsions 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 Docume nts A. The Contract Documents may be amended to provide for additions, deletions , and revisions m 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 Re use 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 ST ANDARDCONSTRUCT ION SPECIFICATIO N DOCUMENTS Revision: &23/202 1 00 72 00 -1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's on-line electronic document management and collaboration system site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be atthe user's sole risk. Ifthere is a discrepancy between the electronic files and the hard copies , the hard copies govern. B . When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility , usability , or readability of documents resulting from the use of software application packages, operating systems , or computer hardware differing from those used by the data's creator. ARTICLE 4 -AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way , and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordaoce 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. C ITY OF FORT WORTH STANDARD C0NSTR UC TI0 N SPEC IFICA TIO N DO CUM EN T S Re vision : &23/2021 00 72 00 -1 GENERAL CO NDITION S Page l 2of63 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 te sts 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 Subsurfa ce or Phys ical Conditions A. Notic e: If Contractor believes that any subsurface or phys ical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any ''technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2 . is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents ; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; C ITYOF FORT WORTH ST ANDARD CONSTRUC TI ON SPEC IFICATIO N DOC UMENTS Revisio n: &23/.202 1 007200-1 GENERAL COND ITI ONS Page 13 of63 then Contractor sha ll, 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. Possib le Price and Time Adjustments Contractor sha ll 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 fmal 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 suc h condition cou ld reasonably have been discovere d 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 Undergrou nd Facilities A . Shown or Indicated: The information and data shown or indicated in the Contract Documents with re spect 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 Fac ilitie s, including City, or by others. Unless it is otherwise express ly provided in the Supp lementary Conditions: 1. City and E ngineer 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 fo llo wing will be included in the Contract Price, and Contractor sha ll 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 suc h Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B . Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site whic h 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 ST AND ARD CONSTRUCTION SPECIF !CATION DOCUMENTS Revision : &23/2021 00 72 00 -I GENERAL CO NDITIONS Pag e 14 of63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required , a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments , and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor . The Contractor shall notify City in advance and with sufficient time to avoid delays . B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed , disturbed , or removed by the Contractor or any of his employees , the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4 .06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site . B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the ''technical data " contained in such reports and drawings , but such reports and drawings are not Contract Documents. Such ''technical data " is id entified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors , members, partners , employees , agents , consultants , or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes , including, but not limited to , any aspects of the means , methods , techniques , sequences and procedures of CITY OF FORT WO RTH STANDARD C0NST RUCT IO N SPEC IFICA TIO N DO CUMENTS Revision : &'23/202 1 00 72 00 -1 GENERAL CO ND ITIONS Page 15 of63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2 . other data, interpretations , opm 1ons and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data , interpretations , opinions or information. C. Contractor shall not be responsible for any Hazardous Environmenta l Condit ion 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 re sponsible . D. If Contractor encounters a Hazardous E nvironmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous E nvironmental Condition, Contractor shall imm e diately: (i) secure or otherwise isolate s uch condition ; (ii) stop all Work in connection with such condition and in any area affected thereby ( except in an emergency as required by Paragrarfi 6.17.A); and (iii) notify City (and promptly there after confirm s uch 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) specifyin g any sp ec ial 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 rea so nable 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 p ermitted by Laws and Re gu lation s, Con tractor shall inde mnify and hold harmless City, from and against all claims, costs, lo sses, and damages (including but not limited to all fees and charges of e ngineers, architects, attorneys, and other professionals and all court or arbitration or other dispute reso lution costs) arising out of or relating to a Ha zardous Environmental Condition created by Contractor or by anyoneforwhom Contractor is respo ns ible. 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 e ntity 's o wn neglige nce. 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. C ITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIF ICA TIO N DO CUMENTS Re vision : &23/202 1 ARTICLE 5 -BONDS AND INSURANCE 5.01 Licensed Sureties and Insur ers 00 72 00 -1 GENERAL CO NDITI ONS Page 16of63 All bonds and in surance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance , Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute , each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents . B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price a s security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations , and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service , Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02 .C , Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City , with copies to each additional insured and loss payee identified in the Supplementary Conditions , certificates of insurance ( other evidence of insurance requested by City or any other additional insured) in at least the minimum amount as specified in the Supplementary Conditions which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH ST ANDARD CONS TR UC TI ON SPEC IFICATI ON DOC UMEN TS Revision : &'23/202 1 00 72 00 -1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety , and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers ' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent fmancial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. AU 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 E ngineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor 's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits , an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the prrrnary 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 Fina I 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 FO RT WORTH ST AND ARD C0NS TR UC TI0 N SPECIF ICA TIO N DOCUMENT S Rev ision : &!23l102 1 00 72 00-1 GENERAL CO NDITI ONS Page 18 of63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00 , for any policy that does not provide coverage on a first-dollar basis, mu st 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 CITYOF FORT WORTH STANDARD C0NSTR UCT I0 N SPEC IFICA TIO N DOCUM EN TS Re vision : 8/23/2D.2 1 00 72 00 -1 GENERAL CO NDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy , shall have no exclus ions 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 thre e (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 Prote ctive Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E . Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured . There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates ( or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage . ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6 .01 Supervis ion 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 FO RT WORTH STANDARD C0NS TR UC TI 0N SPEC IFICA TI ON DOCUMENTS Revi sion : &'23/202 1 00 72 00 - I GENERAL CO NDITIONS P age 20 o f 6 3 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 Equipme nt 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. CIT Y OF FORT WORTH ST AND ARD CONS TR UC TIO N SPEC IFI CA TIO N DO CUMENT S Rev ision: &23/202 1 00 72 00 -1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied , installed, connected, erected, protected, used, cleaned , and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D . All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 013216. 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: CITY OF FORT WORTH 1) it is at least equal in materials of construction, quality, durability , appearance , strength, and design characteristics; ST AND ARD CONSTRUCTION SPECIF !CATION DOCUMENTS Revision : &23/2021 00 72 00-1 GENERAL CONDITI ONS Page 22 of63 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 ha s a proven record of performa nce and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) th ere will be no increase in cost to the City or in c rease in Contract Time; and 2) it will conform substantially to the detaile d require ments of the item name d in th e 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 propo se d substitute item . b. Contractor s hall s ubmit sufficient information as provided be low to allow City to de termine if the item of material or e quipment propose d is essentially equivalent to that name d and an acceptable s ubstitute therefor. Requ es ts for review of propose d substitute items of material or equ ipment 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 s hall comply with Section 01 25 00 and: CITY OF FORT WORTH 1) s hall certify that the propose d s ub stitute item will: a) perform adequately the functions and achieve the res ult s called for by the general design; b) be similar in substance to that specified; c) be s uited 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 fmal 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 ; STANDARDC0NSTR UCT!0 N SPECIFI CATIO N DOCUMENTS Revi sion : &23/202 1 00 72 00 - I GENERAL CO NDITI ONS 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 ConstructionMethods or Procedures: If a specific means , method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method , technique , sequence , or procedure of construction approved by City . Contractor shall submit sufficient information to allow City , in City 's sole discretion , to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City 's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6 .05.A and 6 .05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete , which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or-equal." City will advise Contractor in writing of its determination. D. Special Guarante e: City may require Contractor to furnish at Contractor 's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipme nt. E . City's Cost Reimbursement: City will record City 's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents ( or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor 's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor 's expense. CITY OF FORT WORTH ST ANDARD CONSTR UC TIO N SPEC IFI CA TIO N DO CUM ENTS Revi sion : ~I 00 72 00-1 GENERAL CO NDITI ONS Page 24 of 63 G. City Substitute Re imbursement: 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 les s 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 Bus in ess Enterprise Complian ce : 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: I. Contractor shall, upon request by City , provide complete and accurate information regarding actual work performed by a MB E 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 C0NS TR UC TI 0N SPEC IFICAT IO N DOCUM EN T S Revision: &12:3/2J2 1 007200-1 GENERAL COND ITI ONS 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 individua I 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 so lely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the be nefit 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 determine d by the City Council of the City of Fort Worth to be the prevailing wage rate s in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs , pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Ca u se. 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 initia I determination , before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City s hall 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 ST AND ARD CONST RUCTIO N SPEC IF ICA TIO N DOCUMENTS Revision : &!23/2021 007200-1 GENERAL CONDIT IONS Page 26 of63 D. Arbitration Re quired if Violation Not Resolved. An issue relating to an aUeged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shaU be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required , a district court shaU 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 b e Maintained. The Contractor and each Subcontractor shaU, 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 rea so nable 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 Co mpliance. The Contractor shaU 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 shaU 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 shaU 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 re s olution costs) arising out of or re lating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resultingfrom CITY OF FORT WORTH ST AND ARD CONST RUC TI ON SPEC IF ICA TIO N DOCUMENTS Revi sion : ~1 00 72 00 -1 GENERAL CO NDITI ONS 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 p ermits and licenses. Contractor shaU obtain and pay for all construction permits and licenses except those provided for in the Supp lementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shaU pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or , if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09 .B . City shaU pay aU charges of utility owners for connections for providing permanent serv ice to the Work. B. City obtained permits and licenses . City will obtain and pay for aU 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 foUowing 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 p ermits 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 shaU 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 wit h 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 aU fees and charges of engineers , architects, attorneys , and other professionals and all C ITY OF FORT WORTH STANDARD CONSTR UC TIO N SPEC I FICA TIO N DOCUMENTS Revi s ion : ~I 0072 00 -1 GENERAL CONDI TI ONS 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 exe mption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011 , and any other applicable rulings pertaining to the Texas Tax Code , Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www .window .state.tx.us/taxinfo/taxforms /93 -forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations , and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas re s ulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way , or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPEC IF !CATION DOCUMENTS Revi sion : &'2312D21 00 72 00 -1 GENERAL CON DITI ONS 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 agains t all claims, costs, losses, and damages arising out of or re lating to any claim or action, legal or equitable , brought by any such owner or occupant against City. B . Removal of De bris During Performance of th e 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. Atthe 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 Docume nts 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, maintall1lng and supervISmg 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 ST ANDARD CONS TR UCTIO N SPEC I FICA TI ON DOC UMENTS Revi sion : &23/2021 00 72 00 -I GENERAL COND ITI ONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the neces sary protection to prevent damage , injury or loss to : 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein , whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees , shrubs, lawns, walks, pavements , roadways , structures, utilities , and Underground Facilities not designated for removal, relocation , or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property , or to the protection of persons or property from damage , injury , or loss ; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection , removal, relocation , and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs , if any. D. Contractor shall inform City of the specific requirements of Contractor 's safety program, if any, with which City's employees and representatives mu st 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. I 5 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Ha zard 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 C ITY OF FORT WORTH ST AND ARD CONSTR UCTION SPECIF ICA TIO N DOCUMENTS Revision : &23/202 1 00 72 00-1 GENERAL CONDIT IONS Page 31 of63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued . B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition . In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours , the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require . 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respectto 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 CONS TR UC TIO N SPEC lFICA TION DOCUMENTS Revis ion : &'2:J.12'.Ql 007200-1 GENERAL COND ITI ONS Page 32 of 63 B . Where a Submittal is required by the Contract Docume nt s or the Schedule of Submittals, any related Work performe d prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to dete rmine if th e it ems 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 de s ign concept of the completed Project as a functioning whole as indicated by the Contract Documents . 2 . City's review and acceptance will not exte nd to means, method s, techniques , se quences , or procedures of construction ( except where a particular means , method, technique , sequence, or proc e dure 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 se parate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not re li eve Contractor from responsibility for any variation from the requirements of the Contract Documents unle ss Contractor ha s 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 Docume nts . 6.19 Co ntinuing th e 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 disagreeme nts , 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 ST AND ARD CONST RUCT IO N SPEC IF ICA TIO N DOCUMENTS Revision: &2.3,202 1 2 . normal wear and tear w1der normal usage . 00 72 00 -1 GENERAL COND ITI ONS Page 33 of 63 C. Contractor's obligation to p erform 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 Docume nts or a release of Contractor 's obligation to perform the Work in accordance with th e Contract Docume nt s: 1. observations by City; 2. recomme ndation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any paym e nt 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, te st , 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 pe riod 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. 6.2 1 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 PRQVTSIQN IS SPECIFICALLY INTENPEP IQ OPERATE AND BE EFFECTIVE EYEN IF IT IS ALLEGED QR PROVEN THAT ALL QR SOME QF THE DAMAGES BEING SQJJGHI WERE CAUSED, IN WHOLE QR IN PART, BY ANY ACT, OMISSION QR NEGLIGENCE QF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PRQVTSIQN IS CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUM ENTS Revi sio n: &'23/2D2 1 00 72 00 -1 GENERAL CON DITI ONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY, 6.22 D e legation of Profess ional D es ign Services A. Contractor will not be required to provide professional de s ign se rvice s unless such se rvices are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carryout Contractor's respons ibilities for construction mean s, method s, 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 prope rly Licen se d professional, whose s ignature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals pre pared by such profe ssio nal. Submittals related to the Work designed or certified by such profe ss ional , if prepared by others , shall bear such profess ional 's w ritten 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 des ign professionals , provided City has specified to Contractor performance and design criteria that such services mu st 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 de s ign 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 acces s to and the right to examine and photocopy any directly pertinent books , documents , papers , and records of the Contractor involvin g 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 fina 1 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 a ll CITY OF FORT WORTH STANDARD CONSTR UCTION SPEC IFICAT IO N DOCUMENTS Revision : &23/202 1 007200-1 GENERAL CON DITI ONS 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 a s ame nded: 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 Artic le 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. CITYOF FORT WORTH STANDARD C0NS TR UCTI0 N SPEC IFICA TI ON DO CUM ENTS Revi sion : &'23/202 1 7.02 Coordination 00 72 00-1 GENERAL CONDITIONS Page 36 of 63 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 WORTI-1 STANDARD CONSTR UCTIO N SP EC IFICA TIO N DOCUMEN TS Revi sion : &23/.202 1 8.07 Limitations on C ity's Responsibilities 00 72 00-1 GENERAL COND ITIONS Page 37 of 63 A. The City shall not sup e rvise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, technique s, se qu e nces, or procedures of construction , or the safety precautions and programs incident thereto, or for a ny failure of Contractor to comply with Laws and Regulations applicable to the p e rformance of the Work. City will not be res ponsible for Contractor's failure to perform the W ork in accordance with the Contract Documents . B. City will notify the Contractor of applicable safety plan s pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Co ndition City's re sponsibility with respectto an undisclo se d Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Co mplian ce with Safety Program While at the Site , City 's employees and represe ntatives shaU comply with th e specific applicable requirements of Contractor 's safety programs of which City ha s 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 Manage r(s) durin g the construction period. The duties and re sponsibilities and the limitations of authority of City 's Project Manager during construction are set forth in the Contract Documents. The C ity 's Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Manage r will make visits to the Site at interv als appropriate to the various stages of construction as City deems necessary in order to observe the progres s 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 proc ee ding in accordance with the Contract Documents . City's Project Manager will not be required to make exhaustive or continuous in spections on the Site to check the quality or quantity of th e 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 STANDARDC0NSTR UCTION SPECIFICATION DO CUMENTS Revi sion: &Q.3.IJ)2 [ 9.03 Authorized Variations in Work 00 72 00 -1 GENERAL CO NDITIONS Page 38 of 63 City 's Project Manager may authorize minor vanat1ons 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 D e cisions 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. C ITY OF FORT WORTH ST ANDARD CONST RUC TIO N SPEC IF !CA TIO N DO CUMENT S Rev ision : &l23!202 1 10.02 Unauthorize d Changes in the Work 00 72 00-1 GENE RA L COND ITION S Page 39 of 63 Contractor shall not be entitled to an increase in the Co ntract Price or an extension of the Contract Time with respect to any work performed that is not requir ed by the Contract Documents as a mended , modified , or supplemented as provided in Paragraph 3.04 , except in the case of an emergency as provided in Paragraph 6.17. 10 .03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A , (ii) required because of acceptance of defective Work under P a ragraph 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 undisput ed 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 in s ists upon it s p e rformance , the Contractor shall proceed with the work after making written request for written orders and shall ke e p accurate account of the actual rea so nable 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 a s may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actua l in stallation . 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 tim e, 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. CIT Y OF FORT WORTH ST ANDARDCONSTRUCTION SPEC IFICATIO N DOCUMENTS Revi sion: 8/23/202 1 10.06 Contract Claims Process 00 72 00-I GENERAL COND ITI ONS Page 40 of 63 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 sub stantiate a Contract Claim shall rest with the party making the Contract Claim . 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12 .01. 4 . A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City 's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion , it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision : &23/2021 00 72 00 -1 GENERAL CO NDITI ONS Page 41 of 63 D. City's written action under Paragraph 10.06.C will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11-COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.B , necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.01.B , and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents , foremen , and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise , and payroll taxes , workers ' compensation, health and retirement benefits, bonuses , sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours , or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading , unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessaiy for the Work. CITY OF FORT WORTH STANDARDCONSTR UC TIO N SPEC IFI CA TIO N DOCUM ENTS Revi sion: &123/XJ21 007200-1 GENERAL COND ITI ONS 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 m this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers , architects, testing laboratories , surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance , of all materials , supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11 , as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses , damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities , fue~ 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 STANDARDCONS TR UC TIO N SPECIF I CATION DOCUMENTS Revi sion : &'23/2JJ21 00 72 00 -1 GENERAL CO NDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers , safety managers , engineers, architects , estimators , attorneys, auditors, accountants , purchasing and contracting agents , expediters , timekeepers, clerks , and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph l 1.01.A. l or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2 . Expenses of Contractor's principal and branch offices other than Contractor 's office at the Site. 3. Any part of Contractor 's capital expenses , including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to , the correction of defective Work, disposal of materials or equipment wrongly supplied , and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor 's Fee : When all the Work is performed on the basis of cost-plus , Contractor 's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor 's fee shall be determined as set forth in Paragraph 12 .01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B , Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data . 11.02 Allowances A . Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B . Pre-bid Allowances : I . Contractor agrees that: CITY OF FOR T WO RTI-1 ST AND ARD CONST RUC TIO N SPEC IF !CA TI ON DOCUMENT S Revi sion: &Q3/202 1 00 72 00-1 GENERAL CO NDITI ON 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 additiona l 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 sha ll be correspondingly adjusted. 11 .03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B . The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05 . C . Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor 's overhead and profit for each separately identified item. Work described in the Contract Documents , or reasonably inferred as required for a functionally complete installation , but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and s ignifi cantly 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 m 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 pnce . CITY OF FORT WORTH STANDARD CONSTR UC TIO N SPEC IFI CA TIO N DO CUMENTS Revi sion: &'2.3/Xl2 I 00 72 00-1 GENERAL CO NDI TION 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 represent the exact quantity of work performed or material moved , handled , or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantitie s, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under ''Price and Payment Procedures" varies by more than 25% (or as stipulated under ''Price and Payment Procedures " for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents , an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item , except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans , the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity . D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix. the fmal quantity as a plans quantity. CITY OF FORT WORTH STANDARDC0NSTR UC TI0N SPECIF ICA TIO N DO CUME NTS Rev ision : ~I 007200 -1 GENERAL COND ITI ONS 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 quantitie s of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents , by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.B.2 , on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon , then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs I 1.01.A.1, 11.01.A .2. and 11.01.A.3 , the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor 's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); CfTYOF FORT WORTH 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon , the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever STANDARD CONSTRUCTION SPEC IFICA TIO N DOC UMENTS Revi sion : &23/202 1 00 72 00 -1 GENERAL CON DITI ONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and l 1.01.A.2 and that an y 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 e xcess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01 .A.6 , and 11.01.B; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12 .03 Delays A . Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include , but not be limited to , acts or neglect by City , acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires , floods , epidemics , abnormal weather conditions , or acts of God. Such an adjustment shall be Contractor 's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims , costs, losses, or damages (including but not limited to all fees and charges of engineers , architects , attorneys , and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. C ITY OF FORT WORTH STANDARD CONS TR UC TIO N SPEC IFICA TI ON DOCUM ENT S Rev ision: &23/202 1 00 72 00 -1 GENERAL COND ITI ONS Page 48 of63 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 knowle dg e will be given to Contractor. Defective Work may be rejected, correct ed, 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 In spections 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 re quired inspections or te sts. B. If Contract Documents , Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, te sted , or approved, Contractor shall assume full re sponsibility for arranging and obtaining such independent inspections , tests , retests or approvals , pay all costs in connection therewith, and furnish City the required certificates of in spection or approval; excepting, however, thos e fees specifically identified in the Supplementary Conditions or any Texas Department ofLicensure 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 independe nt te sting laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, a s determined solely by City. 1. City will coordinate s uch 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. CITYOF FORT WORTH STANDARDC0NSTRUCTI0N SPEC IFICATION DOCUM ENTS Revision &123!2D2I 00 72 00 - I GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will fo rward all invoices for rete sts to Contractor. 4. If Contractor fails to pay th e Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work ( or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13 .03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City 's observation and replaced at Contractor's expense. B . If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require , that portion of the Work in question , furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective , Contractor shall pay all claims , costs, losses , and damages (including but not limited to all fees and charges of engineers , architects , attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection , and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective , Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both , directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective , or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents , City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however , this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARDC0NSTRUCTI0N SPECIF ICA TIO N DOCUMENTS Revision : &23/2021 00 72 00 -1 GENERAL CO NDITI ONS 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 6.1 0.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 ST ANDARD CONSTR UC TIO N SPEC IFI CAT IO N DOC UMENTS Rev isio n: &23/202 1 00 72 00 -1 GENERAL CON DITI ONS Page 5 1 of63 C . In special circumstanc e s where a particular item of equipment is placed in continuous service before Final Acceptance of aU th e 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 resultin g 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 initia l correction period. City shaU 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 aU claims , costs, lo s ses , and damages (including but not limited to aU fees and charges of engineers , architects, attorneys , and other professionals and a ll court or other dispute resolution costs) attributable to City 's evaluation of and determination to accep: 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 shaU be entitled to an appropriate decrease in the Contract Price , reflecting the diminished value of Work so accepted. 13.09 C ity 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 shaU proceed expeditiously . In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site , take possession of aU or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work aU materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor sha U 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 aU fees and charges of engineers , architects , attorneys , and other professionals and aU court or other dispute resolution CITY OF FORT WORTH STANDARD C0NS TR UCT IO N SPEC I FI CA TIO N DOCUMENTS Rev ision: &'23/202 1 00 72 00 - I GENERAL CO NDITI ON S Page 52 of63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13 .09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D . Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the e xercise 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 Paragraph2.07 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 Pay me nts A. Applications for Payme nts: 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 . CITYOF FORT WORTH ST ANDARD CONS TR UC TIO N SPEC IFI CA TIO N DOCUMENT S Revision &23!202 1 B. Review of Applications: 00 72 00 - I GENERAL CONDITIONS Page 53 of 63 1. City will, after receipt of each Application for Payment, either indicate in wntmg 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, tre 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 ST AND ARD CONSTR UCT IO N SPEC IF !CA TIO N DO CUM EN TS Revi sion &12:llm l 00 72 00 -I GENERAL CO NDITION S e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A . C. Retainage: Page 54 of63 1. For contracts less than $400,000 at the time of execution, retainage shall be ten pe rcent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D . Liquidate d 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 monie s due the Contractor, not as a penalty, but as damages suffered by the City. E. Payme nt: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Docume nts. F. Reduction in Payment: 1. City may refuse to make payment of the amount reque sted because: a . Liens hav e 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 item s 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 throu gh 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 withhe ld . City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedie s the reasons for such action. 14.03 Contractor's Warranty of Titl e Contractor warrants and guarantees that title to all Work, materials , and equ ipm ent 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 STANDARDCONS TR UCT IO N SPEC IFICATION DOCUMENTS Revi sio n: 812.3ml21 14.04 Partial Utilization 00 72 00 -1 GENERAL CONDITIONS Page 55 of 63 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. l, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete , City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final In spection A . Upon written notice from Contractor that the entire Work IS Substantially Complete m accordance with the Contract Docwnents: 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. C ITY OF FORT WORTH ST AND ARD CONS TR UC TIO N SPECIF !CA TI ON DOCUMENTS Rev ision &23/202 1 14.07 Final Payme nt A. Application/or Payment: 00 72 00-1 GENERAL COND ITI ONS Page 56 of 63 1. Upon Fina l Acceptance , and in the opinion of City , Contractor may make an applicat ion for fmal payment following the procedure for progress payments in accordance with the Contract Documents . 2. The fma l 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 fmal 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 fi led 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 fmal payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specific.ally continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If fmal completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's fmal 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 C ITY OF FORT WORTH STANDARD CONSTR UC TIO N SPEC IFI CA TIO N DOCUMENTS Revi sion : &23/202 1 00 72 00 -1 GENERAL COND ITI ONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for s uch payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract C laims. B. Partial Retainage Re lease . For a Contract that provide s 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 fmal 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 fmal payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City relate d to or connected with the Contract. ARTICLE 15-SUSPENSION OF WORK AND TERMINATION 15.01 CityMaySuspendWork A . At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fo: the date on which Work will be resumed. Contractor shall resume the Work on the date so fIXed. During temporary s uspen sion 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 ne glige nce of the Contractor, and should it be determined by mutual consent of the Contractor and City that a so lution 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 s uspe nd the Work for an indef mite 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 abo ut the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARDC0NSTR UCTI0 N SPECIFICATIO N DOCUMENTS Revision : &23/2021 15 .02 City May Terminate for Cause 007200-1 GENERAL CO NDITI ONS Page 58 of63 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 #20020-12-201 lestablished under Paragrap:1 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 substantia l 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 fmancially unable to carry on the Work satisfactorily ; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A . occur , City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days , after receipt of notice. 1. If the City , the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations , declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2 . If Contractor's services are terminated , Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its C ITY OF FORT WORTH ST ANDARD CONSTR UC TIO N SPEC IFI CA TIO N DOCUMENT S Rev is ion : &23/202 1 00 72 00-1 GENERAL COND IT IONS Page 59 of 63 obligations , then City, without proce ss or action at law , may take over any portion of the Work and complete it as describ e d be low . a. If City completes the Work, City ma y exclude Co ntractor and Surety from th e site and take possess ion of the Work, a nd all materials and equipment incorporated into the Work stored at the Site or for which City ha s paid Contractor or Surety but which are stored elsewhere , and finish the Work as City may deem expedie nt. 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 cla im s, costs , losses and damage s sustained by City arising out of or resulting from completing the Work, s uch excess will be paid to Contractor. If such claims, costs, losses and dama ges exceed such unpaid balance , Contractor shall pay the difference to City. Such claims , costs , los ses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any right s or re medies under this Paragraph, City shall not be required to obtain the lowest price for the Work p e rformed . 4. Neither City , nor any of its respec tiv e consultants, agents, officers, directors or employees shall be in any way liabl e or ac countable 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 e ntire Contract. Contractor shall not be e ntitled to any claim on account of th e method use d by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provide d for in the bond requirement s of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B , Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue . Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02 , the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONS TRUCTIO N SPECIFICAT ION DOCUMENTS Rev ision : &23/2021 15.03 City May Terminate For Convenience 007200 -1 GENERAL CO N0 IT IONS Page 60 of 63 A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City , the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials , services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination ; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts , Work in progress , completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed , or partially completed plans , drawings , information and other property which, if the Contract had been completed, would have been required to be furnished to the City . 5. complete performance of such Work as shall not have been terminated by the notice of termination ; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination , the Contractor may submit to the City a list , certified as to quantity and quality , of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. C ITY OF FORT WORTH STANDARD CONS T RUCTION SPECIFICATION DOCUMENTS Re vision : &'23i2021 00 72 00-1 GENERAL CONDITIONS Page 61 of63 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): l. completed and acceptable Work executed in accordance with the Contract Docwnents prior to the effective date of termination , including fair and reasonable swns for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16-DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph l 0. 06. E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.C or a denial pursuant to Paragraphs 10.06 .C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period , City or Contractor: CITY OF FORT WORTH STANDARD CONSTR UC TIO N SPEC IF !CA TIO N DOCUMENT S Revi sion : &23/2021 00 72 00 -1 GENERAL CO NDIT IONS Pag e 62 of 63 1. elects in wntmg to invoke any other dispute resolution process provided for m 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 C laim 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 hav e 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 c hanges must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by e lectronic means such electronic notice shall be deemed sufficient up on 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 sha ll become the last day of the period. 17.03 Cumulative Remedie s The duties and ob ligations imposed by these General Conditions and the rights and remedies availab le 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 app ly. CIT Y OF FORT WORTH STANDARDC0NS TR UC TI0 N SPEC IFI CA TIO N DOCUM EN TS Revision : 8/23/2J2 I 17.04 Survival of Obligations 00 72 00 - I GENERAL CO NDITI ON S P age 63 of 63 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 He adings Article and paragra ph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD C0NS TR UC TI0 N SPEC IFI CA TI ON DOCUMENTS Rev ision: &23!202 1 SECTION 00 73 00 SUPPLEMENT ARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions 00 73 00 S UPPLEMEN TARY CONDITIONS Page I of 7 These Supplementary Conditions modify and supp lem ent Section 00 72 00 -General Cond iti ons , and other provisions of the Contract Documents as indicated below. A ll 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, "Reso lving Discrepancies" Plans govern over Specifications. SC-4.0JA Easement limi ts shown on the Drawing are approximate and were provided to estab li sh a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lin es shown on the Contract Drawings. SC-4.0lA.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 A ugust 3 1, 2023 Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER NUMBER None TARGET DATE OF POSSESSION The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed , and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.0lA.2, "Availability of Lands" CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPEC IFICATION DOCUMENTS Revi sed March 9, 2020 Sanitary Sewer Rehabilitation Co ntract, I/ I City Proj ec t No .102 784 Utilities or ob struction s to be re moved , adju sted, and /or relo cated 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of7 The fo ll ow in g is li st of ut ili t ies a nd /or o bstru cti o ns th at have not been re move d, adju sted , a nd /o r re located as of A ugu st 3 1, 2023 E XP ECTED OWNER N one UTILITY AND LOCA TIO TARGET D A TE OF ADJUSTME T T he Co nt rac to r und ersta nd s a nd agrees th at th e dates lis ted a bove are es tim ates o nl y, are no t g ua rant eed , and do no t bind th e City . SC-4.02A., "Sub surface and Physical Condition s" T he fo ll owi ng a re re ports of expl orati on s and tests of sub surface con diti o ns at th e s it e of th e Wo rk: A Stree t Core R e po rt dat ed Jun e 23, 2 02 1 pre pare d by th e C ity of Fort Wo rth , prov iding additi o na l in fo rm ati on o n Warren L an e, Blue Lake Drive and L ak e H avas u Trail T he fo ll owi ng a re draw in gs of ph ys ica l co ndi t io ns in o r re latin g to exist ing s urface and sub s urfa ce stru ctur es (exce pt Und ergro und Fac il iti es) w hi c h are at o r co nti g uo us to the s it e of the Wo rk: No ne. SC-4.06A., "Hazardou s E nvironmental Conditions at Site" T he fo ll ow in g a re re port s a nd drawi ngs of ex ist ing hazardo us environmenta l conditio ns kn own to th e C ity: No ne SC-5.03A., "Certificates of Insurance" Th e entiti es li sted be low are "addit io na l in sur eds as the ir interes t may ap pear" includin g th e ir res pective officers, directo rs, age nt s and empl oy ees. (1) C ity (2) Co nsult ant: [None. (3) Oth er : N one. SC-5.04 A., "Contractor's Insurance" T he limits of li a bility for th e in s uran ce required by Paragraph GC -5 .04 sh a ll prov id e th e foll owin g coverages fo r not less th an th e foll owing am o un ts o r greater where required by laws and regul at ion s: 5.04A. Workers' Comp e nsati o n, und er Paragraph GC-5.04 A . Statutory limits CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF ICATION DOCUMENTS Revised Marc h 9, 2020 Sanitary Sewer Rehabilitation Comract, I J J City Projec t No.102784 Employer 's liability $100,000 each accident/occurrence $100 ,000 Disease -each employee $500,000 Diseas e -policy li mit SC-5.04B., "Contractor's In surance" 00 73 00 SUPPL EMENTARY CONDITIONS Page 3 of7 S.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000 ,000 each occurrenc e $2,000 ,000 aggregate limit The policy must have an endorsement (Amendment -Aggregate Limits oflnsurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liabi li ty Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of th e Certificate oflnsurance. SC S.04C., "Contractor's In s urance" S.04C. Automobile Liability, under Paragraph GC -5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not le ss than the following amounts: (I) Automobile Liability -a commercial business policy shall provid e coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000 ,000 each accident on a combined single limit basi s. Split limits are acceptable if limits are at least: $250,000 $500,000 $100,000 Bodily l njwy p er person I Bodily Jnjwy per accident I Property Damage SC-5 .04D., "Contractor's Insurance" The Contractor's construction activities will require its emp loyees, agents, subcontractors , equipment, and material deliveries to cross railroad properties and tracks [o wned and op era te d by Railroad company name. if none th en ·writ e "Non e "}. 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 th e particular rai lroad 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 o perations and work cross, occupy, or touch railroad property: ( 1) General Aggregate: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECfFICATION DOCUMENTS Revi sed March 9, 2020 $Confirm limits with Railroad Sanita ry Sewer Rehabilitation Contract, I I I City Proj ecl No . I 02784 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of7 (2) Each Occurrence: $Confirm limits with Railroad __ Required for this Co ntract __ Not required for th is Contract <Prov ide an "X" next to th e appropriate selec tion ab ove based on th e Contract requirements > With respect to the above outlined insurance requirements , the following shall govern: 1. Where a s in g le railroad company is involved, the Contractor shall provide one in surance policy in the name of the rai lro ad 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 rai lro ad 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, a ll such other work may be covered in a single policy for that rai lroad, 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 sha ll 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 comp leted and the grade crossing, if any, is no longer used by the Co ntractor. 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 operatin g over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier <l , 2, 3, 4, or 5> for the project. SC-6.07., "Wage Rates" The fo ll owing is the prevailing wage rate table(s) app li cable to this project and is provided in the Appendixes: <List th e p revailing wage rate table(s) applicable to th e typ e of co nstru ctio n bein g provided in this contract> A copy of the table is also avai lab le by access in g the City's website at: https://apps.fortworthtexas.gov/ProjectResources/ You can access the file by following the directory path: 02-Construction Documents/Specifications/Div00 -General Conditions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Sanitary Sewer Rehabilitation Co ntract, I I I City Proj ect No.102784 00 73 00 SU PPLEM EN TARY CO ND ITIONS Page 5 of7 SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and /or licenses required by the Contract to be acquired by the Contractor: <ff 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 TxDOT> 4. <List all known permits or licenses that are being provided by the City to USA CE > 5. <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 LICENS E AND LOCATION TARGET DATE OF POSSESSION "None " SC-6.24B., "Title VI, Civil Rights Act of 1964 as amended" During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows : 1. Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49 , Code ofFederal 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 ofrace, color, or national origin. CITY OF FORT WORTH STANDARD CON STRUC TIO N SPECIFICATION DOCUMENTS Revi se d March 9, 2020 Sanitary Sewer Rehabilitation Contract, I I I City Project No .102784 00 73 00 SUPPLEMENTARY CONDITIO NS Page 6 of? 4. Information and Reports: The Contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information and its facilities as may be determined by City or the Texas Department of Transportation to be pertinent to ascertain compliance with such Regul ations, 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 purs uant 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 me ans 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 U nited States to enter into such litigation to protect the interes ts 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 <In sert Name >, or his/her successor pursuant to written notification from the Director of <Ins ert Managing Department>. SC-13.03C., "Tests and Inspections" <List any tests and/or inspections that are required by another body of jurisdiction being covered by the City, if none then write "None"> CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 9, 2020 Sanitary Sewer Rehabilitation Contract, 111 City Project No.102784 00 73 00 S UPPLEMENTARY CO NDITIONS Page 7 of7 SC-16.0IC.1, "Method s and Procedures" <list any dispute resolution process that may govern for this Contract other than that provided for Article 16 of th e General Conditions, if none then write "None "> END OF SECTION .Re vis ion Log .DATE .NAME .SUMMARY OF CHANGE .1/22 /2016 .F. Griffin .SC-9.01 ., "City 's Project Re presentative " wording changed to City 's Proj ect Manager . .3/9/2020 DV Magana . SC-6 .07 , Updated the lin k such that files can be accessed via the City's websi te . CITY OF FORT WORTH STANDARD CONSTRUCTION SP EC IF ICATIO N DOCUMENTS Re v ised March 9, 20 20 Sanitary Sewer Rehabilitation Contract, 111 City Project No.102784 APPENDIX GC-4.01 Availability ofLands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4 .06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6 .0 7 Wage Rates GC-6 .09 Permits and Utilities GC-6 .24 Nondiscrimination GR-016000 Product Requirements-Available Online , not included herein GEN Temporary Right of Entry Document GEN TPW /Water Dept 50 /50 Participation Table CITY OF FORT WORTH STANDARD CONSTRUCTION SPECrFICATION DOCUMENTS Revi sed Jul y I , 2011 Sa11ita1 y Sewer Rehabilitatio11 Contract 111 CPN 102784 GC-4.01 Availability of Lands CITY OF FORT WORTH STANDARD CONSTRUCTION SPEClFJCATION DOCUMENTS Revised July I , 201 I Sanitary Sewer Rehabilitation Contract 111 CPN 102784 0222111259 04/29/2022 02:53 PM Page: 1 of 6 Fee: $39.00 Submitter: Joe Calva Electronically Recorded by Tarrant County Clerk in Official Public Records ~~~ 10;~ Q -MARYLOUIS E NICHOLSON COUNTY CLERK NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING IN FORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER 'S LICENSE NUMBER. 8 CPN 102784 Sanitary Sewer Rehab Contract 111 Parcel No. 33 SSE 621 Blue Lake Dr. WHITE LAKE HILLS ADDITION, Block 9, Lots 32B & 33 STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH SEWER FACILITY EASEMENT DATE: 21 hi3 '1.t>22.. GRANTOR: Theda S . Lynch GRANTOR'S MAILING ADDRESS (including County): 621 Blue Lake Dr. Fort Worth, TX. 76103 GRANTEE: CITY OF FORT WORTH GRANTEE'S MAILING ADDRESS (including County): 200 TEXAS STREET FORT WORTH, TARRANT COUNTY, TX 76102 CONSIDERATION: Ten Dollars ($10 .00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. EASEMENT PROPERTY: BEING a tract of land more particularly described in the attached Exhibit A and Exhibit B. Granter, for the Consideration paid to Grantor, hereby grants, sells, and conveys to Grantee, its successors and assigns, an exclusive, perpetual easement for the construction, operation, maintenance, replacement , upgrade, inspection and repair of a Permanent Sewer Line Facility, hereafter referred to as "Facility." The Facility includes all incidental unde rground and aboveground attachments, eq uipment and appurtenances, including , but not limited to manholes, manhole vents, lateral lin e connections, pipelines , and junction boxes in, upon, SEWER FACILITY EASEMENT Rev. 20220109 D222111259 under and across a portion of the Eas e ment Property, more fully described in Exhibit A and Exhibit B attach ed hereto and incorporated herein for all pertinent purposes, together with the right and privilege at any and all times to enter Easement Property, or any part thereof, for the purpose of constructing , operating, maintain ing, replacing , upgrad ing, inspecting and repa iring said Facility. In no event shall Grantor (I) use the Easement Property in any manner which interferes in any material way or is inconsistent with the rights granted hereunder, or (11) erect or permit to be erected within the Easement Property a permanent structure or building, including, but not limited to, monument sign, pole sign , billboard , brick or masonry fences or walls or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property . Grantee shall be obligated to restore the surface of the Easement Property at Grantee's sole cost and expense , including the restoration of any sidewalks, driveways , or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed, relocated , altered, damaged, or destroyed as a result of the Grantee's use of the easement granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. Under Chapter 21, Subchapter E of the Texas Property Code , as amended , the Grantor or the Grantor's heirs, successors, or assigns may be entitled before the 10th anniversary of the date of this acquisition to repurchase or request certain information about the use and any actual progress made toward the use for which this property interest was acquired through eminent domain, and the repurchase price will be the price the Grantee pays Granter in this acqu isition . The person signing this document on behalf of the Grantor warrants that he or she has the legal authority to execute this permanent easement for the purposes and consideration therein expressed , and in the capacity therein stated, and that such binding authority has been granted by proper order, resolution , ordinance or other authorization of the Grantor. Grantee is fully entitled to rely on this warranty and representation in accepting this permanent easement. TO HAVE AND TO HOLD the above-described permanent easement, together with, all and singular, the rights and appurtenances thereto in anyway belonging unto Grantee, its successors and assigns, forever; and Granter does hereby bind itself, its heirs, successors and assigns , to warrant and forever defend, all and singular, the said easement unto Grantee , its successors and assigns , against every person whomsoever lawfully claiming or to claim the same or any part thereof. This document may be executed in multiple counterparts, each of which will be deemed an original, but which together will constitute one instrument. When the context requires, singular nouns and pronouns include the plural. [S IGNATURE S APPEAR ON THE FOLLOWING PAGE] SEWER FACILITY EASEMENT Rev . 20220109 f0RTW0RTH. ---r-- Page 2 of 6 D222111259 GRANTOR: Theda S. Lynch STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT § § § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Theda S. Lynch , known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of Theda S. Lynch and that they executed the same as the act of said individual for the purposes and consideration therein expressed and in the capacity therein stated . Page 3 of 6 GIVEN UNDER MY HAND AND SEAL OF O'\ICE this d~~e of Z~H 1 f ~~~~~uf\t'-)·zo 1...? . ')-,,(~ (J)""-(SEAL] JOSEPH CALVA Notary Public-State of Texas TarTant County Notary ID #12607350-4 Commission Exp. SEPT.11, 2024 SE WER FA CILITY EAS EM ENT Rev. 20220109 Notary Public, State of Texas Name (printed); _\,~:.c\-l\C~\Jf\ Notary's commission expires:~ ".,:";:i>\. \\;lc.-ll\ f0RTW0RTH. ---r-- D222111259 ACCEPTED BY: STATE OF TEXAS § § COUNTY OF TARRANT § GRANTEE: City of Fort Worth By (Signature): Stewoke (M ar 4, 202211:11 CST) (Print Name) Steve Cooke (Titl e) Property Mana ge ment Director APPROVED AS TO FORM AND LEG ALITY J/£eU£cr:u J~Pta,:Y By (Signature): ______________ _ (Print Name) Matt Murray (Title) Assistant City Attorney ACKNOWLEDGEMENT BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Steve Cooke , Property Manage ment Director of the City of Fort Worth, a Texas home rule municipal corporation, known to me to be the same person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that th ey executed the same as the act of the City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated .. ; ·\ _ . GIVEN UNDER MY HAND AND SEAL OF OFFICE this date of ~1 1\.1-.C\,'-.... l, li:-7-L. '( , [SEAL] JOSEPH CAI.VA Notary Publlo-State of Texas Tarrant County Notary ID #12607350-4 Commission Exp . SEPT.11, 2024 SEWER FACILITY EASEMENT Rev. 20220109 ---~~~~-~~~-l ~L~~-:-. Notary PUblic;-State Name (printed): Notary's commission expires: FORT WORTH. --.,--- Page 4 of 6 D222111259 I a §' LEGEND, __J I POB w "' 5 w I- PDC IRF EXHIBIT ~" VARIABLE WIDTH SANITARY SET11E.R EASEMENT 1,565SQ.FFO.R o.036AC.RESOF LAND LOT33 AN.D PART OF LOT 32, .BLOCK 9, UN.IT NO. 3, \ WHITE LAKE HILLSADDZTZON J WL. TANDYSU.RVEY,A.BST.RACT1538 \ CITY OF FORT WO.RTH, TA.RR.ANT COUN'FY, TE.J:/.IS \ _r-z DUANE NORMAN SCHLUTER AND LOT 32, BLO CK 9, UNI T NO. J WIFE, BONNIE JEAN SCHLUTHER WHITE LAKE HILLS CC# 0175543824 VOL. 388-35, PG. 33 OPRTCT OPRTCT I N 86°5 0'0 8" E PO INT OF BEGI NNIN G THEDA S . LYNCH CC# 0215041296 VA RI A BL E WI DTH SAN IT ARY S EWER EASE ME NT 1,565 SQ UARE FEET OPRTCT-__ _ LOT 33, BLOCK 9, UNIT NO. 3 WHITE LAKE HILLS VOL. 388-35, PG . 33 O R 0.036 ACRES I 07 1D'U.£.~ VOL. 3 8 8-35, PG. 33 OPRTCT \ ~1---~LO~T~l-=-8~·-=B-=-LO=C=K~9~,_,U~N=IT~N-=-0 ,_.-=2c.-\ \ POIITT OF BEGINN ING CURVE# C1 VY WHITE LAKE HILLS VOL. 388-31, PG. 49 OPRTCT 'fi\1-----=L-=-O-'-T----'7----'7_,_, _,B=L=O=Ce..:K--=9,'----"U~N~IT-,-'--'N-=-0 ,_. -=2c.- \V WHITE LAKE HILLS LENG TH 7.50' VOL. 388-31, PG. 49 OPRTCT C URV E T AB LE RAD IUS DELTA CHORD BEARING 279 .44' 1°32'17" N01 °57'39"W =m 0 20 1. LEGAL DESCRIPTION OF EVEN DATE ACCOllPANI ES nllS tASHIEITT DRAWING. CHORD LENGTH 7.50 ' 40 POIITT OF COMMENONG 2. BEARINGS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, IRON ROD FOUND NORTH CENTRAL ZONE, NAO '83, VERTICAL DATUM NAVO BB. GRAPHIC SCALE IN FEET I =" U.E. l/TILITY E'ASEUEITT It) ai m 0 U') 0 N ~ -, 0 "" CL ~ "' 0 z SH IE LD ENGINEERING GROUP 3= TBP E FIRM #F-1103 9 • TBPLS FIRM ll1019 3 890 ROBERT P . ALLEN R.P.L.S . No. 6495 DAT ED: 07-22-2021 -<(_._./:?'t .-✓--~-c ' w' Page 5 of 6 0 ~ 1600 w ... , 71h Stroot, Su lt o 200, Fort Worth, TX 761 02 • 817.6 10 .0696 L.,:. ___ ......;.;;___..:.___~----------------------------' D2221112 5 9 Page 6 of 6 ~ :c ~ "' .,; a, 0 "' 0 N t --, 0 Ck'. CL < (/) 0 z ! 0 EXHIBIT "B" VARIABLE WIDTH SANITARY SEWER EASEMENT 1,565 SQFTOR o.036ACRES OF LAN.D LOT33ANDPARTOFLOT32,.BLOCK9, ONITN0.3, WH.ITELAKE H.ILLS' AD.D.IT.ION WL. TAN.DYSURVEY,ABSTRACT1538 C.ITYOF FORT WORTH, TA.RRANTCOONTY, TEXAS BEING A TRACT OF LAND SITUATED IN THE W .l. TAN DY SURVEY, ABSTRACT NUMBER 1S38, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A POR TION OF LOTS 32 AND LOT 33, BLOC K 9, UNIT NO. 3, WHITE LAKE HILLS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS SHOWN ON PLAT THEREOF AND RECORDED IN VOLUME 388-35, PAGE 33, OFFICIAL PUBLI C RECORDS, TARRANT COUNTY, TEXAS, (OPRTCT), ALSO BEING PART OF A CERTA IN CALLED TRACT OF LAND AS DESCRIBED BY DEED TO THEDA S. LYNCH AN D RECORDED IN COUNTY CLERK'S FILE NO . (C C#} D215041296, (OPRTCT) AND BEING MORE PART ICULA RLY DESCRIBED BY METE S AND BOUNDS AS FOLLOWS : BEGINNING AT A PO INT FOR CORNER IN THE WEST LINE OF THE SAID LOT 33 AND BEIN G COMMON WITH THE EA ST RIGHT OF WAY LINE OF BLUE LAKE DRIVE ( A SO FOOT RIGHT OF WAY}, ALSO BEING A PC OF A CURVE TO THE LEFT, HAVIN G A RADIUS OF 279.44 FEET, FROM WHICH A 1/2-INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THE SAID LOT 33, BEARS WITH A CURVE TO THE RIGHT HAVING A RADIUS OF 279.44 FEET, A CENTRAL ANGLE OF 16°55'04", A CHORD BEARING AND DI STANCE OF SOUTH 07°16'02" WEST, A DISTANCE OF 82.21 FEET, AN ARC DISTANCE OF 82.51 FEET; THENCE WITH THE SAID CURVE TO THE LEFT, THE WEST LINE OF THE SAID LOT 33 AND BEING COMMON WITH THE EAST RIGHT O F WAY LIN E OF THE SA ID BLUE LAKE DRIV E, A CENTRAL ANGLE OF 01°32'17", A CHORD BEARING AND DISTANCE OF NORTH 01"57'39 " WEST, A DI STANCE OF 7.50 FEET, AN ARC DISTANCE OF 7 .5 0 FEET TO A 1/2-INCH IRON ROD FOUND FOR THE NORTHWE ST CORNER OF THE SAID LOT 33 AND BE ING COMMON WITH THE SOUTHWEST CORNER OF THE SA ID LOT 32 ; THENCE NORTH 86 '50'08" EAST, WITH THE NORTH LINE OF THE SA ID LOT 33 AND BEING COMMON WITH SOUTH LIN E OF TH E SAID LOT 32, A DISTANCE OF 16 .87 FEET TO A POINT FOR CORNER, ALSO BEING THE WEST CORNER OF THE SAID LYNCH TRACT; THENCE EASTERLY WITH THE NORTH LINE TO THE SA ID LYNCH TRACT, THE FOLLOWING COUR SES AND DISTANCE S: NORTH 80°08'08" EAST, A DISTANCE OF 31 .00 FEET TO A POINT FOR CORNER; NORTH 82 °14'08" EAST, A DISTANC E OF 48.42 FEET TO A POINT FOR CORNER; THENCE NORTH 86 '50'08" EAST, OVER AND ACROSS THE SAID LOT 32 AND THE LYNCH TRACT, A DISTANCE OF 34 .89 FEET TO A PO INT FOR CORNER IN THE EAST LI NE OFTHE SA ID LOT 32 AND BE IN G COMMON W ITH THE WEST LINE OF LOT 78, BLOCK 9, UN IT NO . 2, THE WHITE LA KE HIL LS ADDITION, AN ADDITION TO TH E CITY OF FORT WORTH, TARRAN T COUNTY, TEXAS , AS SHOWN ON PLAT THEREOF AND RECORDED IN VOLUME 388-31, PAGE 49, (OPRTCT); THENCE SOUTH 02'02'52" EAST, W ITH THE EAST LINE OF THE SAID LOT 32 AND LOT 33 AND BEING COMMON WITH THE WEST LINE OF THE SAID LOT78 AND THE WEST LINE OF LO T 77, BLOCK 9, OF TH E SAID UN IT NO. 2, A DISTANCE OF 15.00 FEET THE POINT FOR CORNER ; THEN CE SOUTH 86'50'08" WE ST, OVER AND ACROSS THE SAID LOT 33 , A DISTANCE OF 130.68 FEET TO THE POINT OF BEG INN ING, AND CONTA INING 1,565 SQUARE FEET OR 0.036 ACRE S OF LAND MORE OR LES S. NOTts; 1. EASEMENT ORAWlNG OF EVEN DIITE IICCO NPAN IES lHIS LEG AL DESCRIPTION . SHIELD ENGINEERING GROUP TB PE FIRM #F-11039 • TB PLS FI RM #10193890 16 00 We,t 7th Streat, Suite 200, Fo rt Wort h, TX 761 02 • 817.8 10 .06 96 ROBERT P. ALLEN R.P.L.S. No . 6495 DATED : 07-22-2021 D222110537 04/29/2022 09:47 AM Page : 1 of 6 Fe e : $39.00 Submitter: Joe Calva Electron ica lly Reco rd ed by Tarran t County Clerk in Official Publ ic Records ~ I',);~ -Q -MARYLOUIS E NICHOLSON COUNTY CLERK NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMA T/ON FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS : YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER 'S LICENSE NUMBER. CPN 102651 Sanitary Sewer Rehab Contract 111 Parcel No. 32 SSE 617 Blue Lake Dr. WHITE LAKE HILLS ADDITION, Block 9, Lots 32B & 33 ST A TE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL MEN BY THESE PRESENTS CITY OF FORT WORTH SEWER FACILITY EASEMENT DAT E: _-3_/ ~_5_/_z_o_z_-z... __ GRANTOR : DUANE NORMAN SCHLUTER GRANTOR 'S MAILING ADDRESS (i n c l ud in g Cou nty): 61 7 Blue Lake Dr . Fo rt W orth , TX. 7610 3 GRANTEE : CITY OF FORT WORTH GRANTEE 'S MAI LING ADDRESS (inclu d in g County): 200 TEXAS STREET FORT WORTH, TARRANTCOUNTY, TX 76102 CONSIDERATION : Ten Do l la r s ($10 .00) a nd othe r good a nd valuable consideration, the rece ipt and s ufficiency of wh ich is hereby ac knowle d ge d. EASEMEN T PROPERTY: BEING a tract of land more particularly described in the attached Exhibit A and Exhibit B. Granter, for the Consideration pa id to Granter , hereby grants, sells , and conveys to Grantee , its successors and assigns, an excl usive , pe r petual easement fo r the co nstruction, operation, maintenance, replacement , u pgrade, inspection an d repa i r of a Permanent Sewer Line Fac il ity, he reafter referred to as "Facil ity ." The Facility inc ludes all incidenta l u nde rground and aboveground attachments, eq uipment an d appurtena nces , including , but not lim ited to SEWER FAC ILITY EASE MENT Rev. 20220109 FORT WORTH . ~ D222110537 manholes, manhole vents, lateral line connections, pipelines, and junction boxe s in, upon, under and across a portion of the Easement Property, more fully described in Exhibit A and Exhibit B attached her eto and incorporated herein fo r all pertinent purposes, together with the right and privilege at any and all times to enter Easement Property , or any part thereof, for the purpose of constructing, operating, maintaining, replacing, upgrading, inspecting and repairing said Facility . In no event shall Grantor (I) use the Easement Property in any manner which interferes in any material way or is incon sistent with the rights granted hereunder, or (11) erect or permit to be erected within the Easement Property a permanent structure or building, including , but not limited to, monument sign, pole sign, billboard, brick or masonry fences or wa ll s or other structures that require a building permit. However, Grantor shall be permitted to install and maintain a concrete, asphalt or gravel driveway, road or parking lot across the Easement Property . Grantee shall be obligated to restore th e surface of the Easement Property at Grantee's sole cost and expense, including the restoration of any sidewalks, d ri veways, or similar surface improvements located upon or adjacent to the Easement Tract which may have been removed , relocated, altered, damaged, or destroyed as a result of the Grantee's use of the easemen t granted hereunder. Provided, however, that Grantee shall not be obligated to restore or replace irrigation systems or other improvements installed in violation of the provisions and intended use of this Easement. Under Chapter 21, Subchapter E of th e Texas Property Code, as amended, the Grantor or th e Grantor's heirs, successors, or assigns may be entitled before the 10 th anniversary of the date of this acquisition to repurchase or request certain information about the use and any actual progress made toward the use for which this property interest was acquired through eminent domain, and the repurchase price will be the price the Grantee pays Grantor in this acquisit ion . The person signing this document on behalf of the Grantor warrants that he or she has the legal authority to execute this permanent easement for the purposes and consideration th erein expressed , and in the capacity therein stated , and th at such binding authority has been granted by proper order , resolution, ordinance or other authorization of the Grantor. Grantee is fully entitled to rely on this warranty and representation in accepting this permanent easement. TO HAVE AND TO HOLD the above-described permanent easement , together with, all and singular, the rights and appurtenan ces thereto in anyway belonging unto Grantee, its successors and assigns, forever; and Grantor does hereby bind itself, its heirs, successors and assigns, to warrant and forever defend, all and singular, the said easement unto Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. This document may be executed in multiple counterparts , each of which will be deemed an original, but which together wil l constitute one instrument. When the context requires, singula r nouns and pronouns include the plural. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] SEWER FACILITY EASEMENT Rev. 20220109 FORT WORTH, --..,.-- Page 2 of 6 D222110537 Page 3 of 6 GRANTOR: DUANE NORMAN SCHLUTER By: STATE OF TEXAS COUNTY OF TARRANT ACKNOWLEDGEMENT § § § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Duane Norman Schluter , known to me to be th e same person whose name is subscribed to the foregoing in strument, and acknowledged to me that the same was the act of Duane Norman Schluter and that they executed the same as the act of said individua l for the purposes and consideration therein expressed and in the capacity th erein stated. [SEAL] MARCO A PEREZ Notary Public STATE OF TEXAS My Gomm. Exp. 10-22-23 Notary ID fl 13041585-2 ==:x:x:xx:.,o::-=<.::n,j~C:-:0000(:x::,c~ SEWER FACILITY EASEM ENT Rev .20220109 Notary Public, State q Tex Name (printed): Notary's commission expires : FORT WORTH. ------....,..-- D222110537 ACCEPTED BY: GRANTEE: City of Fort Worth (Print Name) _st_e_v_e _c_oo_k_e __________ _ (Title) Property Management Director APPROV ED AS TO FORM AND LEGALITY ..,,/i.tlAcrv ..,,f'k ,,my By (Signature): ______________ _ (Print Name) _M_a_tt_M_ur_r_ay __________ _ (Title) Assistant City Attorney AC K NOW LE DGEME NT STA TE O F T EXAS § § COUNT Y O F TARRANT § BEFORE ME , the undersigned authori ty, a Notary Public in and for t h e State of Texas, on this day pe rsona lly appeared Steve Cooke , Property Management Director of the City of Fort Worth , a Texas home rule municipal corporat ion, known to me to be the same person whose name is subscribed to the forego ing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that they executed the same as the act of the City of Fort W9rth for the purposes and cons iderat ion there in expressed and in th e capaci ty therein stated . ,: [SEAL] JOSEPH CAJ..VA Notary Publlo-State of Texas Tarrant County Notary ID #12607350◄ Comml88lon Exp , SEPT. 11 , 202-4 SEWER FAC ILITY EASEMENT Rev. 2022 0 10 9 FORT WORTH. ---.,..-- Page 4 of 6 D222110537 \ EXHIBIT 'A " V.A.RlABLE WIDTH SAN.ITARYSEWER EASEMENT 395 SQF.l' OR 0.009A CRES OF LAND LOT 32, BLOCK 9, UN.IT NO. 3, Page 5 of 6 \ WH.ITELAKE H.ILLSADDITION \ J W.L. TAN.DYSORVEY,AJJST.RACT1538 \ I 0 ~ U:GEND : :i: POB POC IRF CI7YOF FORT WORTH, TARRANTCOUN.IYTEXAS f5 i ,1-z_ DUANE NORMAN SCHLUTER AND 8 G fA\ \ ~~ LOT 32, BLOCI< 9, UNIT NO . 3 WIFE, BONNIE JEAN SCHLUTHER l..J ~\ 0,; WHITE LAl<E HILLS CC# 0175543824 J <: ....J VOL. 388-35, PG . 33 OPRTCT , 14 .08. E 35 ,06'~ OPRTCT , N 02 _ -_:i::-_ ~ 1r~~~7//?/✓//➔zzN~86~0 ;50~'0~8~"~Et9~5.~9 ~6 ~~~~---~ S B20~4•0 B"W _··_·_·_··_·_··s_·oo·•59:o's:e•.i)lss:+ ... ~ 48.42' -<.. I ~~ ~...£..-t:..-,;(.-:::S~B;"r;OoOB'0B" W s 86°50'0 8" w 16.87' POINT OF B EGINNI NG VA RIABLE WID T H SAN IT A RY SEWER EA SE M ENT 395 S QUARE FEE T THEDA S. LYNCH OR 0 .00 9 A CR ES CC# 0215041296 OPR TCT ---- I I ~~ I<'. ....J LOT 33, BLOCK 9, UNIT NO . 3 WHITE LAKE HILL S 10 ' U.£. ----•-1-1----i ... l ® VOL. 388-35, PG. 33 I VOL. 388-35, PG. 33 OP? OPRTCT 'A'1---=-LO"'-T'-----'-7=8.__, =B=LO=C::..:.f<.:........::9.,_, --=Uc.c.N""IT-c--'-'N=O'-----. --=2- \!2) WHITE LAl<E HILLS @ VOL. 388-31, PG . 49 OPRTCT LOT 77. BLOC/( 9, UNIT NO . 2 WHITE LAI<£ HILLS VOL. 388-31, PG . 49 OPRTCT CURV E TABLE CURVE# LENG TH RADIUS DELTA CHOR D BEARING CHO RD LENGTH POINT Of BE GIN NING C1 7.50' 279.44' NOTES: 0 1. l.ECW. DESCRIPTION OF !YEN DATE ACCO MPANIES THI S EASEMENT DRAWING . 1°32'16" N03°29'56"W 20 40 POINT OF COMMENCING 2, BEARINGS REFERENCED TO TH E TEXAS STATE PLANE COORDINATE SYSTEM, IRON ROD FOUND NORTH CENTRAL ZONE, NAO 'Bl, VERTICAL OAT\J I.I NAVO BB . GRAPH IC SCALE IN FEET 7 .50' U.E. UT!UlY EASEMEIIT I() oi a, 0 If) 0 N § ~ !l. ,<. (11 ,:; z SHIELD ENGINEEnlNG GnOUP ~ TilPU'lnl,I t/lM 1039 • YOP l S R~M "10193090 ROBE RT P . ALLEN R.P .L .S . No. 6495 DATED: 07-22-2021 / ' ' / '/ i'. ·, L .• _ ~ L.:,16:,:0:.:,0 .:,:W,:;o•.:,:I ~_::h:_:S:,lr~:.:,'':.•.:,: Su.:;,;~1,:.:2:.:,00::,,,:_:Vo:;,,:rt_;,W:.:,o;.:,;rth;,:., YX;;;.;_7<1:.;,10.:,:2;_·_0;_17;_.o_10_.0_6_96 _________________________ _. D22211053 7 Page 6 of 6 Ill '" "' 0 Ill 0 N € w 6 "' "--<. Vl 6 z ! 0 EXHIBIT "B " ~RIABLE WIDTH SANITARY SEWER EASEMENT 395 SQ.FTOR o.009ACRES OF LAND LOT 32, .BLOCK 9, UNIT NO. 3, WHITE LAKE HILLS ADDITION W.L. TANDY SURVEY, ABSTRACT 1538 CITY OF FORT WORTH, TARRANTCOl/NTYTEXAS BEING A TRACT OF LAND SITUATED IN THE W.L. TANDY SURVEY, ABSTRACT NUMBER 1538, CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AND BEING A PORT ION OF LOT 32, BLOCK 9, UNIT NO . 3, WHITE LAKE HILLS ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS SHOWN ON PLAT THEREOF AND RECORDED IN VOLUME 388 -35, PAGE 33, OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS, (OPRTCT) AND BE ING MORE PARTICULARLY DESCR I BED BY METES AND BOUNDS AS FOLLOWS: BEGINN ING AT A 1/2-INCH IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THE SAID LO T 32 AND BEING COMMON WITH THE NORTHWEST CORNER OF LOT 33 , BLOCK 9, OF SAID UNIT NO. 3, AND IN THE EAST RIGHT OF WAY LINE OF BLUE LAKE DRIVE ( A 50 FOOT RIGTH OF WAY), ALSO BEING A PC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 279.44 FEET, FROM WH ICH A 1/2-IRON ROD FOUND FOR THE SOUTHWEST CORNER OF THE SAID LOT 33 BEARS WITH A CURVE TO THE RIGHT HAV ING A RADIUS OF 279.44 FEET, A CENTRAL ANGLE OF 18°27'21", A CHORD BEAR ING AND DISTANCE OF SOUTH 06 "2 9'53" WEST, A DISTANCE OF 89.62 FEET, AN ARC DISTANCE OF 90.01 FEET; THENCE WITH THE SAID CURVE TO THE LEFT, THE WEST LINE OF THE SA ID LOT 32 AND BEING COMMON WITH THE EAST RIGHT OF WAY LINE OF THE SAID BLUE LAKE DRIVE, A CENTRAL ANGLE OF 01°32'16", A CHORD BEARING AND DISTANCE OF NORTH 03°29'56" WEST, A DISTANCE OF 7.50 FEET, AN ARC DISTANCE OF 7.50 FEET TO A POINT FOR CORNER; THENCE NORTH 86"50'08" EAST, OVER AND ACROSS THE SAID LOT 32, A DISTANCE OF 95.96 FEET TO A POINT FOR CORNER IN THE NORTH LINE OF A CERTA IN CALLED TRACT OF LAND AS DESCRIBED BY DEED TO THEDA S. LYNCH AND RECORDED IN COUNTY CLERK'S FILE NO. (CCII) D215041296, (OPRTCT), FROM WHICH A THE SOUTHEAST CORNER OF THE SA ID LOT 32 BEARS SO UTH 80°59 '05" EAST, A DISTANCE OF 35 .55 FEET; THENCE WESTERLY WITH THE NORTH LI NE TO THE SAID LYNCH TRACT, THE FOLLOW ING COURSES AND DISTANCES: NOTES : SOUTH 82"14'08" WEST, A DISTANCE OF 48.42 FEET TO A POINT FOR CORNER; SOUTH 80"08'08" WEST, A DISTANCE OF 31.00 FEETTO A PO INT FOR CORNER; SOUTH 86"50'08" WEST, A DISTANCE OF 16.8 7 FEET TO THE PO INT OF BEG INNING, AND CONTAIN ING 395 SQUARE FEET OR 0.009 ACRES OF LAND MORE OR LESS . 1. EASEMENT DRAW ING OF EVEN DATE ACCOMPAN IES THIS LEGAL DESCRIPTION . SHIELD ENGINEERING GROUP TilP! l'W.\ IW-11 039 • TDP l S NRl,I 1!1019309 0 1600 V/0 11 Tl ~ Stro:I, Sufi, 200, 1'01 1 Wort~, YX 761 02 • 017.010 .0 696 ROBE RT P. ALLEN R.P .L.S . No. 6495 DATED: 07-22-2 021 .._ _________________________________________ ....., C ITY OF FORT WORTH STANDARD CONSTRUCTION SPECfFICATION DOCUMENTS Rev ised Jul y I, 20 11 [In se rt Proj ect Name] [Insert Project N umber} GC-4.02 Subsurface and Physical Conditions CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revi sed Jul y I , 2011 San itary Sewer Rehabilitati on Co n/rac J 111 CPN 102784 FORT WORTH @: City of Fort Worth Capital D e livery Division/Soil Lab 8851 Camp Bowi e Blvd #3 00 Fort Worth, TX 76 116 Laboratory Test Re sults for Phone: 817-392 -7920 Warren Lane, Lake Havasu Drive and Blue Lake Drive Coring Project 06 /23 /2021 Project: CPN# 102784 Date Tested: 06 /22 /2021 Requested by: Brenda Oropeza This report presents the results of a street coring project for CPN #102784. Mr. Stephen Overton and Mr. Daniel Wright performed the cores, and Mr. Zelalem Arega reviewed and approved the results. HOLE # 1 LOCATION: 1404 Warren Lane (S/4) 2 .00 " HMAC 10.00" Base Material 4" Sand and Grave l HOLE# 2 LOCATION: 1425 Warren Lane (N/4) 2.00 " HMAC 9.00 " Concrete (5984.2 PSI) 5 .00 " Base Material HOLE# 3 LOCATION: 1500 Warren Lane (S/4) 4.00 " HMAC 10.00 " Base Material 2 .00" Sand and Grave l Page 1 of 3 fORTWORTH ~ HOLE #4 City of Fort Worth Capital Delivery Division/Soil Lab 8851 Camp Bowie Blvd #3 00 Fort Worth, TX 76116 LOCATION: 1516 Warren Lane (N/4) 2.00" HMAC 10.00" Base Material 4.00 " Gravel/ Aggregate. Blu L Dri e (North Cul-de-sac to Raintree Court) HOLE #1 LOCATION: 604 Blue Lake Drive (S/4) 8.50 " HMAC 7.50 " Brown sandy clay with gravel (LL-36, PL-16 , PI-20) Shrinkage%: 10 HOLE#2 LOCATION: 620 Blue Lake Drive (N/4) 8.00 " HMAC 8.00 " Brown sandy clay with gravel (R -. ' HOLE #1 L ;r_.,...;;u Tral RoadtoC .. ~ .. L LOCATION: 4725 Lake Havasu Trail (W/4) 3 .00" HMAC 5.75 " Concrete (3696.2 PSI) 7.25 " Aggregate Page 2 of 3 Road) Phone: 817-392-7920 FORT WORTH @; HOLE #2 City of Fort Worth Capital Delivery Divi s ion/Soil Lab 8851 Camp Bowie Blvd #300 Fort Worth, TX 76116 LOCATION: 4712 Lake Havasu Trail (E/4) 7.50 "HMAC 2.00 " Sand and Gravel 6.50 " Brown sandy clay with gravel (LL-42 , PL-16 , PI-26) Shrinkage%: 12.5 HOLE#3 Phone: 817-392-7920 LOCATION: 230' South of Randol Mill Road/ Lake Havasu Trail Intersection (N/4) 7.50 " HMAC 2.00 " Base Material 6.50" Brown sandy clay with gravel Page 3 of 3 GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS Revi sed Jul y I , 20 11 [In sert Proj ect Name} {Insert Projec t Number} GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,20 1 I [In sert Project Name] [Insert Project Nu mber] GC-6.06.D Minority and Women O~ned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECTFJCA TION DOCUMENTS Revised July I , 20 11 [In se rt Proj ect Name} [Insert Proj ect Number] GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPEC[F ICATIO N DO CUMENTS Revi sed Jul y I , 20 11 [In se rt Proj ect Name J [Ins ert Proj ect Number] GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH ST AND ARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 20 11 [In se rt Projec t Name} [In sert Proj ect Number} GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I , 2011 {In sert Proj ect Na me] [Ins ert Proj ec t Numb er] GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIF ICATION DOCUMENTS Revised July I , 201 1 {Ins ert Projec t Name} {Insert Projec t Number} GEN Temporary Right of Entry Document (go-by) «City Project_Number and Project Name» Parcel# «Parcel Number» «Property_Street_Number» «Property_Street_Name» Lot-«Lot_Number», Blk-«Block_Number», «Addition_Name» CITY OF FORT WORTH TEMPORARY RIGHT OF ENTRY STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS COUNTY OF TARRANT § That the undersigned, hereinafter referred to as "Grantor", does by these presents grant and convey to the City of Fort Worth, TX, herein after referred to as "Grantee" a temporary right of entry onto property described as Block __ , Lot __ , ________ A_d_d1_·t1_·o_n_as shown on the deed recorded in Volume __ Page __ Tarrant County Deed Records and plat recorded in Cabinet __ Slide --- Page __ _,_ Tarrant County Plat Records a/k/a _________ _. Fort Worth, Tarrant County, Texas , hereinafter referred to as the "Property", for the purpose of _______________ . Upon execution of this agreement, Grantor will grant Grantee and its contractor's access to the Property for the purpose stated herein, until such time as the project is completed and approved by the Grantee , at which time the above described temporary right of entry becomes void . This Right of Entry shall include the right of Grantee and its employees , agents, representatives, or contractors to access the aforementioned property. TO HA VE AND TO HOLD the above described right of entry , together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, is successors and assigns , for the purposes set forth above. Grantee shall restore the Property to the condition it was m immediately pnor to accessing the Property under this Right of Entry. EXECUTED this the ___ day of ______ , 20_ GRANTOR: (Please Print) (Authorized Title) T EMPORARY RJGH T OF EN TR Y Rev. 10/1/17 (Signature) FORT WORTH . --.,.--- GEN TPW/Water Dept 50/50 Participation Table FOR INFORMATIONAL PURPOSES ONLY SANITARY SEWER REPLACEMENT CONTRACT 111 CITY PROJECT NO. 102784 STREET BY STREET QUANTITY DETERMINATION SPREAD SHEET ~ I ~ -~ ~A ,< ...:l . f-< ;:, ...:l A i~< . § ~ <l.l -rn ...:l Z AAO e ·s <l.l < -< ~<~ z f;il 0 > ~u=. f;il f;il ...:l ...:l 0 ~ ·--< ...:l A < A f;il z ...:l ~ z ~ = = I ~ ...:l = CZ:: --"0 ...:l O . f;il f-< f-< ~ > f-< <l.l <l.l <l.l ~~-~~~~ ~z <l.l <l.l (.I ;:,~~...:l < f;il f;il • ...:l --0 ---< ~0< ...:l O ~ 0 ~ A CZ:: ACZ::: 0 rfl rfl P.. ...:l f-< ~ ...:l ~z ~ f;il ~ ~ ITEM BID LIST No UNIT ITEM DESCRIPTION QTY QTY QTY TOTAL 1 3305.0108 LS Utility Adjustment 0 2 241.13 LF Remove ExistinQ Concrete Curb and Gutter 800 1,000 1,000 2,800 3 3216.0102 LF 6" Concrete Curb and Gutter 800 1,000 1,000 2,800 4 241.0401 SF Remove ExistinQ Concrete Driveway 500 1,500 500 2,500 5 3213.0401 SF Install New 6-lnch Concrete Driveway 500 1,500 500 2,500 6 241.01 SF Remove Concrete Sidewalk 100 100 0 200 7 3213.0301 SF 4" Concrete Sidewalk 100 100 0 200 8 241.14 SY Remove ExistinQ Concrete Valley Gutter 0 100 0 100 9 3216.0302 SY 7" Concrete Valley Gutter 0 100 0 100 11 241.17 SY 11-lnch Pavement Pulverization 2,900 2,500 3,800 9,200 12 3211.33 TN cem-Lime Stabilization (ci) 32Lbs/SY 46 40 61 147 13 3123.0101 CY Unclassified Street Excavation 50 50 50 150 14 3212.0303 SY 3-lnch Surface Course Asphalt Type" D" 2,900 2,500 3,800 9,200 15 3217.0001 LF 4" Solid White Thermoplastic Hot Aoolied Spray (HAS) Lane Lines 100 0 0 100 16 3346.0008 LF 4" PVC underdrain pipe 0 100 0 100 17 3305.0111 EA Water Valve Box Adjustment with Concrete Collar 2 3 3 8 18 3305.0107 EA Manhole Adjustment With Concrete Collar 1 1 2 4 19 3217.5001 EA Paintinq Curb Addresses 3 14 5 22 20 3291.01 CY Topsoil 50 50 50 150 21 3292.0100 SY Block Sod Replacement 300 500 300 1,100 22 9999.0020 EA Remove and Replace Inlet Top 2 3 2 7 23 3471.0001 MO Traffic Control 0 24 3125.0101 LS SWPPP ;:: 1 acre 0 25 3212.0404 TN HMAC Transition 20 20 20 60 26 9999.0004 LS Pavina Construction Allowance 0 Page 1 of 1 fORT WORTH NOTICE TO APPARENT LOW BIDDER PROJECT NAME: SS Rehabilitation , Contract 111 CITY PROJECT NUMBER: I 02784 M&C Number: 23 -10 76 DATE OF NOTI CE : December 20, 2023 M&C Award Date: December 12 , 2023 BID DATE: October 26, 2023 BIDDER: R&D Burns Brothers , Inc . Donald Burns (817) 447-0292 NOTICE OF A WARD: You are notified that your Bid for the above contract was awarded to you as the Successfu l Lowest Responsib le Bidder by City Council on December 12 , 2023 and are awarded a Contract for Sanitary Sewer Rehabilitation, Contract 111. After recommendation of award has been approved by City Council, please make sure you have submitted Letters of Int ent or executed agreeme nt s from your MBE subcontractors (executed by both the prim e and s ub co nt ractors) with a copy provided directly to the Bu si ne ss Equity Office, prior to the issuance of yo ur Notice to Proceed, or yo u will be deemed out of comp li ance with the C ity 's Business Eq uity Ord inance No . 24534-11-2020. Two (2) copie s of the Contract Documents (except Drawings) are available for you to pick !!.P.,_Or can be delivered to you at your expense and include the following forms which must be completed: • 00 45 26 Contractor's Compliance with Workers' Compensation Law • 00 52 43 Agreement • 00 6 1 13 Performance Bond • 00 6 1 14 Payment Bond • 00 61 19 Maintenance Bond • 00 6 1 25 Certificate oflnsurance *To read: City of Fort Worth is an additional insured and includes a waiver of subrogation rights to Worker's Compensation claims. 3 PLESE USE THE DATE 12/12/202! that is on your AGREEMENT and on BONDS. fl Power of Attorney must accompany the Bonds. When comp leted , deliver the 2 unbound executed Contract Documents to: Norma Sa uceda, Admi ni strative Assistant norma.sauceda@fortworthtexas.gov Tony Sholola, P. E. Assistant Director, City of Fort Worth Water Capital Delivery 311 W. 10 th Street Fort Worth , Texas 76 10 2 817-392-6054 tony.sholola@fortworthtexas.gov TH E C ITY OF F ORT WORTH * 1000 THROCKMORTON STREET • FORT W ORTH, TEXAS 76 102 8 17-392 -7532 * EMAIL: KATHERINE.KIRKPATRICK @ FORTWORTHTEXAS.GOV REVISED JUNE 3, 2014