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Home My WebLink AboutContract 61083CONTRACT FOR THE CONSTRUCTION OF Park Improvements at: Tim Watson, Wesleyan Hills, & Victory Forest Parks City Project Nos.102336, 102326, & C00J30 Mattie Parker Mayor Richard Zavala David Cooke City Manager Director, Park & Recreation Department Prepared for The City of Fort Worth Park & Recreation Department 2018 BOND PROGRAM GAS LEASE FUNDS PARK DEDICATION FEES 2023 CSC No. 61083 �� C� Cit of FortWorth Y Standard Construction Specification Documents Adopted September 2011 00 00 00 TABLE OF CONTENTS SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Page 1 of 6 Last Revised 00 OS 10 Ma or and Council Communication O1/23/2024 00 OS 15 Addenda 09/27/2023 00 11 13 Invitation to Bidders 07/19/2021 00 21 13 Instructions to Bidders 11/02/2021 00 35 13 Conflict of Interest Statement 09/30/2021 00 41 00 Bid Form 09/30/2021 00 42 43 Pro osal Form Unit Price 09/30/2021 00 43 13 Bid Bond 09/30/2021 00 43 37 Vendor Com liance to State Law Nonresident Bidder 09/30/2021 nnnc ii o�T 00 45 12 Pre ualif'ication Statement 09/30/2021 nn n c i � �� 00 45 26 Contractor Com liance with Workers' Com ensation Law 07/O1/20ll 00 45 40 Business E ui Goal 10/27/2021 00 52 43 A reement 12/08/2023 00 61 13 Performance Bond 12/08/2023 00 61 14 Pa ment Bond 12/08/2023 00 61 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 12/08/2023 00 72 00 General Conditions 08/23/2021 00 73 00 Su lementa Conditions 10/06/2023 Division Ol - General Re uirements Last Revised O1 11 00 Summa of Work 12/20/2012 O1 25 00 Substitution Procedures 07/O1/2011 O1 31 19 Preconstruction Meetin 08/17/2012 O1 31 20 Pro'ect Meetin s 07/O1/2011 O1 32 16 Construction Schedule 10/06/2023 O1 32 33 Preconstruction Video 07/O1/2011 O1 33 00 Submittals 12/20/2012 ni �c i� �� O1 45 23 Testin and Ins ection Services 03/09/2020 9� 39-88 ni cc �ti c..-oo� TT�o no.-.�.:..,�a ra�a:�:,.,,�:,.�� ,. rr.-„��:,, r�,.��..,.i �o O1 57 13 Storm Water Pollution Prevention Plan 07/O1/2011 O1 58 13 Tem ora Pro'ect Si na e 07/O1/2011 O1 60 00 Product Re uirements 03/09/2020 O1 66 00 Product Stora e and Handlin Re uirements 07/O1/2011 O1 70 00 Mobilization and Remobilization 11/22/2016 O1 71 23 Construction Stakin and Surve 02/14/2018 O1 74 23 Cleanin 07/O1/2011 O1 77 19 Closeout Re uirements 03/22/2021 ni �o �� vrTv-a� O1 78 39 Pro'ect Record Documents 07/O1/2011 CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102326, 102336 & C00130 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents -NONE- Technical Specifcations listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http: //fortworthtexas.Eov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 — 02 41 13 n��T n�o ^�� Conditions Selective Site Demolition Last Revised 03/ 11 /2022 Division 03 - Concrete Division 11 - Parks 11 66 12 Site Underdrain 11 67 13 Site Furnishin s 11 68 14 Pla round E ui ment 11 69 15 Wood Fiber la round Surfacin Division 26 - Electrical Division 31 - Earthwork 31 00 00 Site Clearin 03/22/2021 31 23 16 Unclassified Excavation O1/28/2013 31 23 23 Borrow O1/28/2013 � ,�o ��s 31 25 00 Erosion and Sediment Control 04/29/2021 � ,�o � �i �� nn �--vv CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102326, 102336 & C00130 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 3 of 6 Division 32 - Exterior Im rovements �� ni i � �-z--v-r-rr �� ni i o a�-vrTo �� ni �n �� i i �� io�,:�.to �,.�o �,.,,..�o� �-z--r-rs� �� i i �n T: o fr..o.,�oa u,.�o r�,.,,..�o� �-z--r-rs� 21�7 r`v,ti.v..+ T«o.,ro,1 U.,�o l�,.,,«�v� �7 11 '2'7 a�r�r �7 1'1 1 ti �v �'1 1 '1 '7'2 7Z�ZT7 32 13 13 Concrete Pavin 06/10/2022 32 13 20 Concrete Sidewalks, Drivewa s and Barrier Free Ram s 12/09/2022 32 13 73 Concrete Pavin Joint Sealants 12/20/2012 �' '�o � �� , � �c �� i i � r��.,,:� �v�,.o� ,.�a �.,.v� �� i �ti tx�:,.o �o�,.o� .,..a �„+v� �v 27�� ZI7,,,,,1 L'o,�,.o� .,,�,J �_.,�o� 32 32 13 Cast-in-Place Concrete Retainin Walls 06/OS/2018 32 91 19 To soil Placement and Finishin of Roadwa Ri ht-of-wa s 03/11/2022 32 92 13 Soddin OS/13/2021 �� m in �� m i c �� n� n� fr„vv., „�,� cti..,,�.� �� Division 33 - Utilities CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102326, 102336 & C00130 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 4 of 6 � „ � � � '- � � - • ' -- � .. . . . --•a-�_ _�e-- — . . . - � „J" �e �%: � ■ � � ��_ � �_ � � � S � �' � � � � � � � � � �_ � ■ _ � ■ � � � �. � � ��'�"�� e � �� . � � � _ � � � �� • � � �� • � � � i � �_ � i ■_ �. _■� � . ■ - � ��' ��. � � �� i �' ' �. � �- � . �„'��.�.:� � ��. i �� ■ ��' I�fi'�� i �� i _ � ■ i _ � _ . ■ i � � � _ � � � ' i� � � i� � � Division 34 - Trans ortation � �� n�o �n ni i n ni n..,,,.�...o�� „��iio., r�„i-,:�o� �v-r r-r�cac�nrrcrr �rr acr-ccro�ncc 2� ni inm �vz �n ni inn� »-�rrv�� 2A �1 � 1 71"TrTT � � � 1 1 2 D v.ti.,,..:.�.t T...,FF:,. C':,..�..1� �s CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102326, 102336 & C00130 Revised December 8, 2023 00 00 00 TABLE OF CONTENTS Page 5 of 6 Appendix GG6.06.D GG6.07 GG6.09 Minority and Women Owned Business Enterprise Compliance Wage Rates Permits and Utilities END OF SECTION CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102326, 102336 & C00130 Revised December 8, 2023 City of Fort Worth, Texas o0 os �o - � MAYOR AND COUNCIL COMMUNICATION (M&C) Mayor and Council Communication Page�°fz DATE: 01/23/24 M&C FILE NUMBER: M&C 24-0080 LOG NAME: 80PARK IMP. AT TW, WH & VF PARKS CCI SUBJECT (CD 3, CD 8 and CD 11) Authorize Execution of a Construction Contract with Cole Construction, Inc., in the Amount of $768,693.47 for the Park Improvements at Tim Watson, Wesleyan Hills and Victory Forest Parks, Adopt Appropriation Ordinance and Amend Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a construction contract with Cole Construction, Inc., in the amount of $768,693.47 for the park improvements at Tim Watson Park (City Project No. 102336), Wesleyan Hills Park (City Project No. 102326), and Victory Forest Park (City Project No. C00130); 2. Adopt the attached appropriation ordinance in the PARD Dedication Fees Fund by: 1. Increasing estimated receipts and appropriations in the amount of $50,000.00, from available funds, for the purpose of funding the Tim Watson Park project (City Project No.102336); 2. Increasing estimated receipts and appropriations in the amount of $4,000.00, from available funds, for the purpose of funding the Central City programmable project (City Project No. P00057) in order to fund project, Victory Forest Rec Center (City Project No. C00130); and 3. Increasing estimated receipts and appropriations in the amount of $32,000.00, from available funds, for the purpose of funding the Wesleyan Hills Park project (City Project No.102326); and 3. Amend Fiscal Years 2024 - 2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a construction contract with Cole Construction, Inc., in the amount of $768,693.47 for the park improvements at Tim Watson, Wesleyan Hills and Victory Forest Parks. The project was posted on the City purchasing website and the Fort Worth Star-Telegram on September 7& 14, 2023. The following bids were received on October 5, 2023: Base bid improvements at Tim Watson Park and Wesleyan Hills Park include installation of a concrete trail, a new playground, and benches. Base bid improvements at Victory Forest includes the installation of a small shelter with amenities. Alternate bid items at Tim Watson Park include the installation of multiple park benches and construction allowances. Alternate bid items for Wesleyan Hills Park include installation of a basketball court, one bench, and construction allowances. The alternate bid item at Victory Forest Park include the installation of a concrete seating wall. Funding for the Victory Forest Rec Center project and the Wesleyan Hills Park Project was not included in the Fiscal Years (FY) 2024-2028 Capital Improvement Program due to increased costs from the original estimate. The action in this M&C will amend the FY2024-2028 Capital Improvement Program as approved in connection with Ordinance 26453-09-2023. Construction of this project is anticipated to begin in January 2024 and be completed in August 2024. Tim Watson Park, Wesleyan Hills Park, and Victory Forest Park improvement projects are estimated to increase the department's annual maintenance by $19,079.00 beginning in FY2025. As of October 2023, the cumulative total of all previously approved M&C's increased the department's estimated annual maintenance by $73,124.00 beginning in FY2025. Cole Construction, Inc., is in compliance with the City's Business Equity Ordinance by committing to 7% MWBE participation on this project. The City's MWBE goal on this project is 7%. Funding is budgeted in the 2018 Bond Program, General Capital Projects, PARD Gas Lease Capital Projects and PARD Dedication Fee Funds for the purpose of funding the Tim Watson Park, Wesleyan Hills Park, and Victory Forest Rec Center projects, as appropriated. Tim Watson Park is located in COUNCIL DISTRICT 3, Wesleyan Hills Park is located in COUNCIL DISTRICT 8, & Victory Forest Park is located in COUNCIL DISTRICT 11. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the Tim Watson Park project within the 2018 Bond Program Fund, the Victory Forest Rec Center project within the General Capital Projects and PARD Gas Lease Capital Projects Funds and in the Wesleyan Hills Park, PPD 4.10-2, PPD 4.6-4 and PPD 4.2-3 projects within the PARD Dedication Fees Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the PARD Dedication Fees for the Tim Watson Park project, Wesleyan Hills Park project, and Central City programmable project to support the above recommendation and execution of the contract. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. Submitted for City Manager's Office by: Originating Business Unit Head: Additional Information Contact: Jesica L. McEachern 5804 Richard Zavala Joel McElhany 5717 5745 Park Improvements at: 102326, 102336 & C00130 000515-1 ADDENDA Page 1 of 1 ADDENDUM #1 Park Improvements at Tim Watson Park (102336), Wesleyan Hills Park (102326), and Victory Forest Park (C00130). September 27, 2023 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. CONSTRUCTION DRAWINGS REFERTOSHEET14of26&19of26 Plavqround Subqrade Draina_qe Clarification: The playground drainage subgrade for the east side of the playground can be found under coordinate points T351 (604.19) & T354 (604.19). The playground drainage subgrade for the west side of the playground can be found under coordinate points T342 (604.03) & T345 (604. 03). END OF ADDENDUM #1 Bid Opening Date: October 5, 2023 Acknowledge the receipt of this Addendum on your Proposal. Digitally signed by Carlos M ��r�G ��z�� Gonzalez By: Date: 2023.09.27 1621:02 -05'00' Carlos M. Gonzalez, Acting Project Manager Release Date: September 27, 2023 Park Improvements at: 102326, 102336 & C00130 00 I1 13 INVITATION TO BIDDERS SECTION 00 11 13 INVITATION TO BIDDERS Page 1 of 2 RECEIPT OF BIDS Sealed bids for the construction of Park Improvements at: Tim Watson Park (102336), Wesleyan Hills Park (102326), and Victory Forest Park (C00130) ("Project") will be received by the City of Fort Worth Purchasing Office unti11:30 P.M. CST, Thursday, September 28, 2023, as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEX or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the following. Not all the parks will have the work described: Installation of playground equipment, concrete playground walWpad, grading and drainage for the playground, and concrete mow edge; installation of shelter with concrete pad, concrete sidewalks, seating wall, and basketball court; installation of benches, picnic tables, trash receptacles, solar lighting, and sodding. PREQUALIFICATION Not applied. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City ofFort Worth's Purchasing Division website at http://www.fortworthtexas.�ov/purchasin�/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Tuesday, September 19, 2023 TIME: 10:00 am (CST) CITY OF FORT WORTH Park Improvements at: STAND9RD CONSTRUCTION SPECIFIC9TION DOCUMENTS 102336, 102326 & C00130 Revised 7/19/2021 00 I1 13 INVITATION TO BIDDERS Page 2 of 2 Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from the 2018 Bond Program, Park Dedication Funds, General Capital Funds, and PARD Gas Lease Capital Project Funds reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Robert Kevin Rodriguez, City of Fort Worth Email: kevin.rodriguez@fortworthtexas.gov Phone: 817-392-5746 :►� •; Attn: Jing Yang, City of Fort Worth Email: jing.yang@fortworthtexas.gov Phone: 817-392-5742 PLAN HOLDERS To ensure you are kept up to date of any new information pertinent to this project such as when an addenda is issued, download the Plan Holder Registration form to your computer, complete and email it to the City Project Manager. The City Project Manager and design Engineer are responsible to upload the Plans Holder Registration form to the Plan Holders folder in BIM360. Mail your completed Plan Holder Registration form to those listed in INQiJIRIES above. ADVERTISEMENT DATES 1 sr Advertisement September 7, 2023 2°d Advertisement September 14, 2023 END OF SECTION CITY OF FORT WORTH Park Improvements at: STAND9RD CONSTRUCTION SPECIFIC9TION DOCUMENTS 102336, 102326 & C00130 Revised 7/19/2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Qualification of Bidders (Prime Contractors and Subcontractors) 3. L The City reserves the right to require any qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.2.In addition to qualification, additional requirements for qual�cation may be required within various sections of the Contract Documents. CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. , .. . � , .��. .... , . . _ . . .. . 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, eXplorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima-facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 43. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5. L The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, andlor 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. 53. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Robert Kevin Rodriguez, Park & Recreation Department Email: Robert.Rodriguez@fortworthtexas.gov Phone: (817) 392-5746 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. � 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.OSA., 6.OSB. and 6.OSC. of the General Conditions and is supplemented in Section O1 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://codelibrary.amle�aLcom/codes/ftworth/latest/ftworth_tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and �led 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. CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a TeXas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City CounciL The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY" OF FORT WORTH Reserved Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised/Updated November 2, 2021 00 35 13 BID FORM Page 1 of 1 SECTION OQ 35 13 CONFLICT �F INTEREST STATEMENT Each �idder, offeror or respondent {hereinafter referred to as °You"} to a City of For� Warth �rocurement may be required to complete a Canflict of Interest Questionnaire (the attached CIQ Form) andlar a Local Government O±ficer Conflicts Disclosure Statement (the attached CIS Farm} pursuant to state law. You are urged io consult with counsel regarding the applicability af these forms to yaur company. The referenced forms may be downlaaded from the links provided below. 'r::� ,�.ti�;:^r.ethic� siale.tx.uslforr�isiClQ.pdf htto:llwww.etl�ics.state.tx.uslformslClS.qdf 0 ❑ ❑ ❑ � � BIDDER: CIQ Form does not appEy CIQ Form is on file with City Secretary CIQ �orm is being provided to the City Secretary CIS Form does not ap�ly C!S Form is on File w�th Ci#y Secretary CIS Form is being pro�ided to the City Secretary Cole Construction, lnc 1 �3 � 5 Alta Vista Rd Fort Worth, TX 76244 By: Jacob McGre�ar __.� � �� _ - Signature: �� ,,�-�`� � Titl . � ��`Project Estimator END OF SECTION CITY QF FORT WOftTH STANbARD COM1iSTRUCTION SPECIFICATION DOCLIMENTS Revised 9/3012021 Park Improvements at: 1C}2336, 1p2326 CD0130 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Park Improvements at: Tim Watson Park, Wesleyan Hills Park, Victory Forest Park City Project No.: 102336, 102326 & C00130 Units/Sections: UNIT 1 BASE BID ITEMS - TIM WATSON PARK UNIT 2 BASE BID ITEMS - WESLEYAN HILLS PARK UNIT 3 BASE BID ITEMS - VICTORY FOREST PARK UNIT 1 ALTERNATE BID ITEMS - TIM WATSON PARK UNIT 2 ALTERNATE BID ITEMS - WESLEYAN HILLS PARK UNIT 3 ALTERNATE BID ITEMS - VICTORY FOREST PARK UNIT 4 ALTERNATE BID ITEMS - ALLOWANCE 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Revised 9/30/2021 102336, 102326 C00130 00 41 00 BID FORM Page 2 of 3 c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. 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. Site clearing and demolition with minimum site disturbance b. Concrete paving c. Installation of playground & site furniture d. Site grading d. Installation of site lighting 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 140 Cal. days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Qualification 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Revised 9/30/2021 102336, 102326 C00130 00 41 00 BID FORM Page 3 of 3 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid Alternate Bid Total Bid 7. Bid Submittal This Bid is submitted on 10/05/2023 Respectfully sub�nitted, - __�___ By: �',�� ; - _ - F'�� . , �' {Signa��re) ��d /�f, "Jacob McGre4or (Printed Name) $686,382.74 $498,034.56 $1,184,417.30 by the entity named below. Receipt is acknowledged of the Initial followin Addenda: Addendum No. 1: %-~' Addendum No. 2: Addendum No. 3: Addendum No. 4: Title: Project Estimator Company: Cole Construction, Inc Address: 10315 Alta Vista Rd Fort Worth, TX 76244 State of Incorporation Email: jacob aC�,colecon.com Phone: 817-431-9636 x 306 Texas END OF SECTION Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Revised 9/30/2021 102336, 102326 C00130 a��aza: BID PROPOSAI. Pace I nfd SECTION 00 42 43 PRdPOSALFORM UNIT PRICE BID Bidder's Application Projecl item fnfon��ation 13iddcr's Proposal Bidlist ltem Specilic��ion Unit of Bic3 , N Description S�ction No. Measure Q�antisy ��iit [ riee Bid Valuc BASE BIDS UNIT 1 BASE BID ITEMS - TIM WATSON PARK 1-Oi Projeci Si n �1 58 13 EA 1 $780.87 $78p.87 1-02 Demo ( See Page 4 of 26) 02 41 13 LS '1 $2,716.00 $2,716.00 1-03 5" Concrete Wafk and Playground Entrance (See Page 32 i 3 13 SF 7,750 $8.55 $66,262.50 5&6of26} 1-04 ADA Playground Outside Ramp (See Pgs 5& 22 of 28) 32 13 20 EA 1 $2,041.57 $2,D41.57 1-05 59" Concrete Playground Containment Edge (Mow 32 32 13 LF 65 $224.02 $14,561.30 Strip) (5ee Page 5& 10 of 26) 1-06 47" Concrete Playground Gantainment Ecige (Mow 32 32 13 LF 98 $139.82 $13,702.36 Strip) {See Page 5& 1 D of 26) 1-07 35" Concrete Playground Containment Edge {Mow 32 32 13 LF 33 $171.61 $5,663.13 Strip) {See f'age 5& 10 of 26) 1-08 26" Concrete Playground Containment �dge (Mow 32 32 13 LF 25 $133.18 �3,329.50 5trip) {See Page 5& 10 of 2&) 1-09 14" Concrete Playground Containment �dge {Mow 32 32 13 LF 75 $56.56 $4,242.00 1-10 Pfayground Equipment (See Page 10 of 26} 19 68 14 L5 1 $167,841.85 $167,841.85 1-11 P�ayg�ound 5urfacing {Engineered Wood Fibar) (5ee 11 69 15 SF 5,550 $9.45 $19,147.50 Pa e10&22of26 1-12 Proposed Playground brainage System (See Page'i of 11 66 12 L5 1 $i3,817.45 $13,817.45 26} 1-13 Site Erosion Control 1 Filter 5oxx 1 Construciion 3i 25 00 L5 1 $3,818.31 $3,818.31 Entrance/Tree F'rotection (See Pgs 7,8, & 9 0# 2fi) 1-14 Site Mass Grading (5ee Pgs 7& 8 of 26) 31 23 16 L5 1 $51,50fi.fi3 $51,506.63 1-15 Grass Establishment {See Page 2 of 26} 32 92 13 LS 1 $26,226.42 $26,226.42 UNIT 2 BASE BID ITEMS - WESLEYAN FiILLS PARif UNIT 1 TIM WATSON PARK BASE BID TOTAL $395,657.39 2-01 Project 8ign 01 58 13 EA '� $780.87 $780.87 2-02 Derno ( See Page 12 pf 26) 02 41 13 LS 1 $5,a32.00 $5,432.00 2-03 5" Concrete Walk and Playground Entrance (See Page 32 13 13 5F 2260 $9.fi4 $21,786.40 13 of 14} 2-04 5" ROW Concrete Walk See Pa e 13 of 14 32 13 13 SF 880 �8.90 $7 832.00 2-05 Pla sound E ui ment See Pa e 16 of 26 91 68 14 LS 1 $66 603.58 $fi6 603.58 2-06 ADA Playground fnside Ramp (See Pgs i3 & 16 of 26) 32 13 20 EA 1 $2,013.D3 $2,D13.03 2-07 14" Concrete Playground Containment Edge {Mow 32 32 13 LF 140 $74.64 $9,889.60 Strip} (See Page 13 of 26} 2-48 26" Concrete Playground Containment Edge (Mow 32 32 13 LF 40 $197.78 $7,911.20 Stri See Pa e 13 of 26 2-09 38" Concrete Playground Containment Edge (Mow 32 32 13 LF 20 $248.89 $4,977.80 Stri 5ee Pa e 13 of 26 2-10 50" Concrete Playground Containment Edge (iNow 32 32 13 L� 40 $277.8� $1 �,� 12.40 Stri See Pa e � 3 of 26 t•iTv or ro�z r woK n 3 ST.-1VDARI7 CO�STRi:C'1l0^J SPF.CIFICAI'10� UUCUD1LNT5 I'ark linprucenun[s at: Rei�ised 9-311��U21 Er123?6. If12I2hC{101 i9 OU J'_ -I3 81� PRUYUSAL Pa��' n!'J SECFIDN 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Yr�ject ltem Inl'ormalion l3idder's Proposril Bidlisl liem Descaiption Spccification llnit oi �� Unit Pnce E3id Value No. Sect�on No. E�7caswr Quantity 2-11 57" Concrete Piayground Containmer�t Edge (Maw 32 32 13 LF 2D $296.67 $5,933.4a Stri See Pa e 13 of 26 2-12 Purchase & Installation of 6' CFW Benches (5ee Pgs 13 11 f7 � 3 EA 2 $2,539.48 $5,D78.96 & 24 of 2fi 2-13 Purchase & Installation of Railing (See Page 9 3 of 26) LF 26D $77.60 $20,176.�0 2-14 Playground SurFacing (Engineered Wood Fibar} (See 1� $9 15 SF 3505 $3.16 $11,075.SD Page 1 fi of 26) 2-15 Proposed Playground Drainage System (See Page 14 11 66 i2 LS 1 $1D,727.93 $10,727.93 of 26 2-16 5ite Erosion Control 1 Filter 5o�cx1 Construction Entrance 31 25 00 LS � $2,994.17 $2,994.17 1 Tree Protection (See Page 14 & 15 of 26) 2-17 Site Mass Grading (See Page 14 of 28) 31 23 16 LS 1 $35,118.15 $35,118.15 2-18 Grass Establishment (See Page 2 of 26) 32 92 13 LS 1 $15,614.86 $15,614.86 IJNIT 3 BASE BID ITEMS - V4CTORY FOREST PARK UNIT 2 WESLEYAN HILLS PARK BASE Bld TOTAL $245,058.15 3-01 Project Sigr� 41 58 13 EA 1 $78a.87 $780.87 3-02 Demo (See Page 18 of 26) 02 A1 13 LS 1 $579.4� $579.41 3-03 Instaflation of 5" Concrete Pads with Shelter Footings 32 13 13 LS 1 $2,931.22 $2,931.22 (See page 17 of 26) 3-04 Purchase, Shipping, and Installation of SQR-20MR !�S 1 $36,740.24 $36,740.24 Pol on 5helter 5ee Pa e 17 of 26 3-OS Purchase & Installation of {1) 6' Table (See Page 17 of 11 67 13 EA 1 $2,259.12 $2,259.12 26 3-06 Purchase & Insiallation of (1) MC 8' Table (5ee Page 17 11 67 13 EA 1 $2,376.34 $2,376.34 af 26 ALTERNATE BIDS 11NIT 1 ALTERNATE BID ITEMS - FIM WA7SdN PAR�C E1NIT 3 VICTORY FOREST PARK BASE 81D TOTAL $45,667.2D 1-15 Purchase and Installation of Playground 6' CFW 11 67 13 EA 2 $2,539.48 $5,078.96 Benches 5ee Pa e 5 of 26 1-16 Purchase & Installation of Solar Power Security Lighting EA 2 $36,775.58 $73,551,i6 for Playground (Light fixture, pnle, controls, supports, excavat{on, concrete & general requirements) (Ses Pgs 1-17 Purchase & InsYallation of Patio 6' CFW Benches (5ee 11 67 13 EA 2 $3,164.44 $6,328.88 Pa e 5 af 26 1-18 Purchase & Insfallation of Pation (1) HC 8' iable &(i } 6' 11 67 13 LS 1 $4,752.68 $4,752.68 Table See Pe e 5 of 26 1-19 Purchase & Installation of 5olar Power 5ecurity Lighting EA 2 $36,775.58 $73,551.16 for Patio (Light fFxture, poEe, controls, supports, excavation, concrete & general requirements) {See Pgs CIT]' OP FOR 1 1VOR I li STA��,ARD CUI�STRU{'�'10\ SPECIFICA'1�1QK� UpCI1MEVT5 ParR Imprnrements �t: Revued y.JO 'p'] Iq2xifi,ID2326 C0�13� no aa a� Ali] I'ROPOSAL Page J nf 3 SECTfON 00 42 43 PRdPOSALFORM UNIT PRICE BID Bidder's Application Projeclltean Infornixtion i�iddcrs Prn�nsal Ridlist Itcm Speciticatinn Unit nf Bid �. De;cription llnit I i�cc Bfd Value No. Scetion No. Measure Quanuty 1-20 I'urchase and Installation of Traii 6' CFW Benches (See 11 67 13 EA 2 $2,539.48 $5,078.96 P s5&6of26 1-21 Purchase & Installation of Salar Power Security Lighting EA 2 $36,775.58 $73,551.16 for Trail (Light fixture, pol�, controls, supports, excavation, concrete & general requiremenfs) (5ee f'gs UNiT 1 TfM WATSON PARK ALTERNATE Bi� TOTAL $241,892.96 UNIF 2 ALTERNATE 61D ITEMS - WESLEYAN FiILL5 PARK 2-19 5" Basketball Cancrete SIablSidewalk Entrance (See 32 13 13 SF 1750 $8.39 $14,682.50 Pgs 13 & 23 of 26) 2-20 Basketball Striping, Goal, and (1) 6' CFW Bench (See 1 i 67 13 LS 1 $10,270.35 $10,270.35 Pgs 13 & 23 af 26) 2-21 Purchase & Installation of Poligon Shelter (5ee Pgs 13 L5 1 $35,670.97 $35,670.97 & 24 of 26 2-22 5" Pavilion Cancrete SEablSidewalk Entrance (See Pgs 32 13 13 SF 835 $9.15 $7,640.25 13&24of26 2-23 Purchase & Installation of (2) 6' Picnic Tables, and (1) S" 11 67 13 LS 1 $7,455.29 $7,455.29 HC Table 5ee P s 13 & 24 af 26 2-24 Purchase & Installation of (1) Salar Power Security LS 1 $36,775.5$ $3fi,775.58 Lighting (Light fixiure, pole, controls, supports, exca�ation, concrete & general requirements) {See Pgs 2-25 Purchase & Insta[lation of (1) Solar Power Securfty LS 1 $36,775.58 $35,775.58 Lighiing (Light fixture, pole, contrais, supports, excavation, concrete & general requirements) {See Pgs UNIT 2 WESLEYAN HILLS PARK ALTERNATE 61D TOTAL. $149,270.52 LfNIT 3 ALTERNATE BID ITEMS - VICT�RY F�FtES7 PARK 3-06 Demo (See Page 18 af 26) 02 41 13 LS 1 $2,716.OQ $2,7�6A0 3-07 Concrete Seating Wall (Page 18 of 26) 32 32 13 LF 'I2& $207.5B $26,155.08 UNIT 3 VIC70FtY FOREST PARK ALTERNATE BID TOTAL $2g,871.08 ('IlY pF FORT 5L'OR7[j SI:AKUAItIJ CO!�'STRi�CiION SPfCIfICATIUN UUC'U�tiltt'I'S Yark Imprnrements xt: Rerised V:gO '_fl, � 107 t t6. 1 U2}2G C�l� f 3i7 UNIT 4 ALTERNATE BID ITEMS - ALLOWANCE 6fi I'_ 4i B16 PROPOSAL Pale 4 nf a UNfT PRICE BID SECTION 00 42 43 PROPOSALFORM Bidder's Application Project hem Infnrmatinn 13idde�'s Yroposal I3icilisE Itcm Spccificaiion Unit of' Bid [)escription Unit Price Rid Value tVo, Section No. hicasi�re Quanlilr 4-06 Wesleyan Hills Park Change Order Allowance NA LS 1 $1 dD0.00 $1,004.00 4-07 Wesleyan Hills Park Change Order Aliowance NA L5 1 $2,5D0.00 $2,50D.00 4-08 Wesieyan Hills Park Chan e Order Allowance NA L5 1 $5,4D0.00 $5,OOO.D� 4-09 Wes€eyan Hills Park Change Order Alfowance NA LS 1 $7,500.00 $7,500.00 4-1 p Wesleyan Hills Park Change Order Al4owance NA LS 1 $10 OD0.00 $10,Q00.00 4-11 Victory Forest Park Change Order Allowance NA LS 1 $1,QOQ.00 $1.D00.00 4-12 Vicfory Forest Park Change Qrder Allowance NA L5 1 $2,5Q0.00 $2,50a.00 4-13 Victory Forest Park Change Order Allowance NA LS 1 $5,OOO.QO $5,400.00 4-14 Uictory Forest Park Change Order Allowance NA LS 1 $7,5D0.00 $7,50�.00 4-15 Victory Forest Park Change Order Allowance NA LS 1 $10,dOQ.00 $10,�OO.DO UNIT 4 ALTERNATE BID ITEM CHANGE ORDER ALLOWANCE TOTAL $78 000.00 BID SUMMARY BASE BIpS UNIT 1 BASE BID ITEi1A5 - TIM WAFSpN PARK $395,857.39 UNIT 2 BASE BID ITElUI5 - WESLEYAN HILtS PARK $245,058.15 UN�T 3 BAS� Blp ITEidIS - VICTARY FOREST PARK $45,867.20 BASE BIDS TOTAL $68fi,382.74 ALTERNAT� BIRS UNIT 1 ALTERNATE BID ITEMS - TIM WATSON PARK $241,892.96 IiNIT 2 ALTERNATE BID ITEMS - WESLEYAN HILLS PARK $149,270.52 UNIT 3 ALTERNATE BID ITEMS - VICTORY FOREST PARK $28,871.p8 UNIT 4 ALTERNATE BID ITEMS - CHANCyE ORDER ALLOWA�ICE $78,000.00 ALi�RNATIVE5 TQTAL $498,034.56 BASE + ALTERNATE BlDS UNIT 1 SASE + A�TERNATE BID ITEMlS - TEME WATSON PARK $637,550.35 UNIT 2 BASE + AiTERNATE BID ITEMS - WESLEYAN HILLS PARK $394,328.67 UNIT 3 BASE + ALTERNATE BID ITEMS - VICTORY FORESi PARK $74,538.28 UNIT 4 ALTEFiNA7E BID ITEMS - CHANGE QRDER ALLOWANCE $78,000.4Q BASE + ALTERNATIVES TOTAL $1,184,417.30 EN� O� S�CTiU� CI'fY C3F 1=0RT WORTH S f�AhL]ARU fONSl�ki!C I�fO.\ SPEC]F1C'AilU�v' DOC�UM[\Tti Pu�k I�nprm�emcnis ac- Rc+�ised 9?0 '0' � i0' 13fi. I[I_'2?b CU(i 13f1 Document A310TM - 2010 Bid Bond CONTRACTOR: G'� iriue. IL'�(!J .5'I[lllL1' (l17CJ flCICIIY'.�SJ Cole Construction, Inc. 10315 Alta Vista Road Keller, TX 76248 OWNER: /'�'nnie, 1cGalslalrrs mid ad��i•ess) City of Fort Worth 200 Texas St. Fort Worth, TX 76102 BOND AMOUNT: S 5% Conforms with The American Institute of Architects AIA Document 310 SURETY: /N�mic. leg�rlslulrr.�•nnd�ntncip�rl��/crcerfh�u�iite.ca% RLI Insurance Company 9025 N. Lindbergh Drive Peoria, IL 61615 Five Percent of Amount Bid PROJECT: I.�ni�1e, loca�ronoraddress mid!'rojecl�rrrnrGc�: ifmrtj Park Improvements at Tim Watson, Wesleyan Hills & Victory Forest Park This document has important Icgal consequcnces. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, O�vner or other party shall be considered plural where applicab[e. Thc Contractor and Surct}� arc bound ro tlic O��ncr in tlic �mount sct forth abo��c, for tlic p��•iucnt of «•hich thc Contractor and Surct;� bind thcrosch�cs, tlicin c�irs, c�ccutors, administrators, succcssors and assigns, joind��and sc4•crally, �s pro��idcd licrcin. Thc conditions of this Bond are sucli that if tlic Oa�ncr acccpts thc bid of thc Contractor ��•itliin thc tiroc spccificd in tlu bid docununts, or ��ithin sucli timc period as may bc agrccd to b�• thc U��ncr and Contractor, and tlic Contractor cithcr (1) cntcrs into a contract u•ith thc U��•ncr in accordancc «•ith thc tcnns of such bid, and ei��cs sucli bond or bonds as may bc spccilicd in thc bidding orContract llocuuicnts, �vith a surcty admittcd in thc jurisdiction of tlic t'roicct and othcrn•isc acccptablc to thc U��•ncr, for thc faitliful performancc of such Contract and for thc prompt paymcnt of labor and n�atcrial fun�ishcd in thc prosccution thcrcof; or (2) par•s to thc U��•ncr thc diticrcncc, not to czcccd thc amount of this l3ond, bct��ccn �hc amount sp�:cilicd in said bid and sucli larecr amount for ��hich thc U��•nc� may in �ood iaitli contract ��itli anothcr part.• tu rerlium lhe ��•urk co��cred hp tial(I hl(�. II1CIl Illlti UFIIIC�11U11 tiIIAII F7C IIUII �Il(� \�(11(I, olhenvise tu remain in I'ull liirce and ellect. The; Surety he�eh�� ai��cx an!• nuticc ol'an agccmeiit bvt��ecn tlic O�vucr aiul Cuntractor to e�te�id lhe tiinc itt �vhich llic Oivncr may accc�l lli� hid. Vl'ai�°erul�noticc b�� tlie Surely.>>�ii �,��c :�rriy <<> :��y �.��„��,�, �.��a�„� ,�.cy (60) du��x in thc accregate he�•und lhe Iimc li�r acceptance ul' bidx speci licd in llie biJ documentx, anJ the Ott•n�r and Cuntr�ctor shall obtain the Surel}•'x conxent liir an e�tension be�•unJ sixty (CO) da��ti. If this Bond is issucd in conncction ti��itli a subcontrxtor's bid to a Contractor, thc tcnn Contractor in this Bond shall bc dccmcd to bc Subcontractor and thc tcrm O«•ncr shall bc dccmcd to bc Contractor. ��4'hen lliis f3onJ hax hcen IurnisheJ iu comply �rith a xtatutur�• or uther legal rcyuirement i n thc lucaliun ul�the PrujecL am� pro�•ision in this i3ond cnnllictin�: «•ith said stututoR' Uf ICL:lI (Cyll1(CI11CIll ti�l:1�I hl' (�6Ct11C(� (ICIC(C(� IICfCIT0111 �Il(I j1�U\�ixions conlimninc tu such staluton• or other le�al requirement shall hc JecmeJ incurpur�tecl lierein. When su I�umislied_ �lic inten� is �hat thix T3und xliall he cunti�rueJ as a statulun• bund and nul ax a conuuon la�c hond. Signcd and scalcd tliis 5th da�• of OCtobe�, 2023 � _ ./ �� .�---' (II�� 118SSJ ; � ° �1,�, .,�_ - '!lt'it�ie.ssJ \ Cole Construction, Inc. (P17l1C1�I17I) (S��nl) ��ry�� By: rr �� , R Ins�ance ompany (Senr�} j / �,�-,'= -- (Secri) 1Y ' � . {,� r By: G j--;� _ _ -- � % � �T�t)Caurie�Pflug � '�ttorney-in-Fact �.-' 0043 13 BID BOND Page 1 of 3 S-0054/AS 8110 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Pooria, IL 61615 Phone: 800-645-2402 Kno►v A!1 Men by Tltese Presents: 0043 13 BID BOND Page 2 of 3 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: c,[�k M• Crowlev. Deborah En�lish, Luke J. Nolan Jr. Da hne Masse Julie M. Decker`Joshua Sanford. Brendan Fletcher Laurie Pflug,� Hollv Cleveneer. iointiv or severally in the City of Dallas , State of Texas its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twen Five Million Dollars (_�25.000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affxed this _l9th day of September , 2022_. State of Illinois County of Peoria _ �V,t��;:��...J�.��SG9%; .' 'v . 9 : =`O :�. G�PPOR4TF•: m �' _ , n _ y � � .7P�AL • o : aa ; • F2 ) ��LINO15 } SS l �,,,��;;,;, RLI Insurancc Company ,��jPPN�: C�;',%,, Contractors Bonding and Insurance Company ?:•' '•• �: ��)JJ ' GpFPOR.� �.�.,"i.,'; /v , / � r �' By. fl �% f�/ . S E A L ' g�on W. Davis Vice President i �� •rl•O�s � � ��,�„"�� CERTIFICATE On this 19t day of _S�,ptember 2022 before me, a Notary Public, personally appeared _Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the afaresaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: l�N-A . ��.� Catherinc D. Glovcr CATHEflINE D. aLOVER . OFPICIII� BEAL rui�ic Noteiy puplb - g}�b d IN �a MY Carm�blon Et�IrM N1�rtii 21 2D2� Notary Public l, the undersigncd officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attomey is in fiill force and effect and is irrevocable; and furthcrmore, that the Itesolution of thc Company as set forth in the Power of Attomey, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Com any and/or Contractors Bonding and Insurance Company this 5�h day of October , 2023 RLI Insurance Company Contractors Bonding and Insurance Company By: �ifl-�'�if � �� Jeffrcy i� Corporate Secretary uzl�ianmzrz A0058D ] 9 R�' o RLI Insura�ice Company P.O. Box 3967 Peoria, IL 61612-3967 Phonc: 309-692-1000 Fax:309-683-1610 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: Texas Policyholder Notice TEXAS AVISO IMPORTANTE Para obtener informacion o para presentar una queja: 0043 13 BID BOND Page 3 of 3 You may call RLI Insurance Company's toll free telephone Usted puede Ilamar al numero de telefono gratuito de RLI number for information or to make a complaint at 800-645-2402. Insurance Company para obtener informacion o para presentar una queja al .800-645-2402. You may also write to RLI Insurance Company at: 9025 N. Lindbergh Drive Peoria, !L 61615 FAX # 309-683-1610 Usted tambien puede escribir a RLI Insurance Company: 9025 N. Lindbergh Drive Peoria, IL 61615 FAX # 309-683-1610 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may also write the Texas Deparhnent of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Web: www.tdi.texas.�ov E-mail: ConsumerProtectionCc�tdi.texas.eov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent first. Ifthe dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informacion sobre companias, coberturas, derechos o quejas al �1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Sitio web: www.tdi.texas.eov E-mail: ConsumerProtection(a�tdi.texas.eov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con reclamacion, usted debe comunicarse con el agente primero. Si la disputa no es resuelta, puede comunicarse con el Departamento de Seguros de Texas. This notice is for information only and does not become a part or condition ofthe attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se convierte en parte o en condicion del documento adjunto. UW 1042-5 (08/15) M4201815 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RES�DENT BIDDER T�xas Ga�ernment Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a conFract as low bidder, nonresident bidt{ers (out-of-staie cor�trac#ors whose corporate offices or principal place of business are outside the State of Texas) bid projects for canstruction, improvements, supplies ar services in Texas at an amaunt lower t�ar� the lowest Texas resident bidder by the same amount that a Texas resident bidder wauld 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 Seciion A rr�ust be filled out by all nonresident bitfders in order for your bid to meet specifications. The failure of nonresident bidders to da so wil� automatically disqualify that bidder. Residen# �idders must check the box in Section B. A. Nonresident bidders in the State of , our principal p[ace of business, are required to be percent lower than resident bidders by Sta#e Law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place of b�siness, are not required to underbid resident bidders. B. The principal �lace of business of our company or our parent company or majority owner is in the State of Texas. BiDDER: 0 Cale Construction, Inc By: Jacob McGregor - � ��__ —_ 10315 Alta Vista Rd � �"' � a � � (Sig�ature) Fort Worih, TX 75244 Ti#le: Project Estimator Date: 1 L� �`5 I ZZj END OF SECTION CITY OF FORT WORTH STANDAR� CONSTRIICTlON SPECIFICATION DOCIJMENTS Park Improvements at: Rav9sed 9/3012021 102336, 1D2326 C9013D OD 45 12 BID FpRM Page 1 oi 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to camplete the infarmation below by identifying the prequalified cantractors andlor subcontractors whom they inter�d to utilize for the major work type(s} listed. Major Work Type ContractorlSubcontractor Campany Name Prequalification Expir�tion Date Site clearing and c�emolition Cole Canstruction, Inc with minimum site disturbance Cortcrete paving Cole Construction, Inc Installation of playgraund & site �urniture Childs Play, Inc. Site grading Cole Construction, Inc The und�rsigned hereby certifies that the contractors andlor svbcontractors described in the table above are currently prequalified for the work types listed. BIDDER: CoEe Construction, Inc 10315 Alta Vista Rd 0 Fort Wo�th, TX 76244 By: J,�cob Mc�e�gor ��:;r ` �"� _ �� ,,� (Signatur�) �, Title: Project Estimator 1 Date: �U�// � % � , CITY DF FQRT WORTH STANDARD CONSTRiJCTION SPECEFICAiION DOCUN�ENTS Revised 9130l2D21 END OF SECTION Park Impravements at: 102336,1p2326 C00130 i�/ i' � � t�t��.[T4fi t+Fii'[P1.I,A.1�E RTTfI �1"�DR3�R'5 [�1��1T[D� �.ltt ?s�.la:: r+��}� (.� �� l C��Z R.�CTC��? �'Q?ti�'LiA:�C'� �ti'TFH Z��O3�t�R�� C"C��IFE�S?,T:�� L�,'t�." l�u�u�ur t� Frara: �.�bas C��r �ct�e� � 4�a �. �� aEn�tradtd C.,-�.�attas ec�rtyfir; ;�a1=r �x v~:.�dr, u-aciaer' : taan�xn=a+:ti^� i�:wa�txt c�� cra�^e tor a]1 L�f:�� a�i�y�ecs t�pl��rd c� C�ts• Pr��n:t ��; iU_ � r�. 1r?�.e .£ �rl�l;� ��atr�cxc� �u�e�s ce�fsxr t�.i;. p�u-�sa�t r,� Tr�as La�;r �-adc �rctt��n �+ki Oti+a:�}. :r; xux�d. sc �zIS �av::�c t�: C`:r;� ,ts S�Acau�ati�r : :�r'�x�cat�t� �.i:�,sr��tu�:r :L'L�NCt'4�ihCS i ��cnsatsc�uco:eragE � 4��`IR.�� T�R: �Y';l'�.k � - .. ! �� .�� , .� �' � � �� n� Sur� �p rt� s��r� �� r��.�� t ��.-��' a� � �.�.�.�� , � � ��. �,�� •.� �,�.��, �� n�r � rt �� !�i�S'.� �71fli j " _- - ��.� �t�. � �� zr,-. � � a��• ��: .��a ��f.�-✓�-��. ( �_�-L�� l,z:a-st�u ta nx e� bc �he pez �ou zs�l�tr n.�snr :s :ssDr,�E�t�rd t.�+ tl3r i�,tg��g • ots�s� s�d a:i�:��€cd�e►� ta �r tt-,at lx. �,tac �a.cc��d ehe •:s��r � �'re �t: � d�d .f G� l.C�'�-� � �C.�t►-�� f� �se gu.�•.�.s �+d �s�•�:dtss� abu�tsszr-c�.yt:�M.x�d in �,e c�c�rr �,+e�re�z ,r�Rrd 1 � �� G��''�.1` ER �1'�' H,�'tiil ��`D �� I.. 4� (��FiC'E t�: � c!a � oi �� . ti��r 1 ' �F n, � -� � �,�,�Y �� EIL��N 9ANI(E �;��-.- r�:�,� :� a :�,� � 5�:� ..f ��: � � Nota�y �fl ��2Sib��o� w t My Commts�fan �xpires �'oF � April 14, �Qz7F��D O �Et TiO� c �n�af �a�T ►�-o�r� �:�.��:�� t�.��rc� co+�TRI'ti'[�15�iCLFT�-ATta� �CZ�ff.tiT� i::,;{ :::�:�x y�:�i�� 7.t7:� F;:� : ,v:. 00 45 40 - 1 BUSINESS EQL?ITY GOAL Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 6 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 7 (M/WBEs). POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 11 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 12 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 13 2020 (codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 14 this bid. 15 16 BUSINESS EOUITY PROJECT GOAL 17 The City's Business Equity goal on this project is 18 applies to Parks and Community Services). 19 7% of the total bid value of the contract (Base bid 20 METHODS TO COMPLY WITH THE GOAL 21 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 22 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 23 ordinance through one of the following methods: 1. Commercially useful services performed by a 24 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 25 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 26 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 27 Prime contractor Waiver documentation. 28 29 SUBMITTAL OF REQUIRED DOCUMENTATION 30 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 31 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 32 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 33 business day after the bid opening date, exclusive of the bid opening date. 34 35 The Offeror must submit one or more of the following documents: 36 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 37 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 38 participation is less than stated goal, or no Business Equity participation is accomplished; 39 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 40 all subcontracting/supplier opportunities; or 41 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 42 Protege participation. 43 44 These forms can be found at: 45 Business Equity Utilization Form and Letter of Intent 46 https://a�ps.fortworthtexas.�ov/ProjectResources/ResourcesP/60%20- 47 %20MWBE/NEW%20Business%20Eauitv%200rdinance/Business%20Eaui 48 �df 49 CITY" OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 27, 2021 Utilization%20Form. Park Improvements at: 102326, 102336 & C00130 004540-2 BUSINESS EQL?ITY GOAL Page 2 of 2 1 Letter of Intent 2 https://apps.fortworthtexas. o� v/ProjectResources/ResourcesP/60 - MWBE/NEW Business Equitv 3 Ordinance/Letter of Intent-2021.pdf 4 5 Business Equity Good Faith Effort Form 6 https://a�ps.fortworthtexas.�ov/ProjectResources/ResourcesP/60%20- 7 %20MWBE/NEW%20Business%20Eauitv%200rdinance/Business% 8 fort%20Form.pdf 9 %20Good%20Faith%20Ef 10 Business Equity Prime Contractor Waiver Form 11 https://apps.fortworthtexas. o�jectResources/ResourcesP/60%20- 12 %20MWBE/NEW%20Business%20Equity%200rdinance/Business%20Equity%20Prime%20Contractor 13 %20Waiver.pdf 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Business Equity Joint Venture Form https://apps.fortworthtexas.�ov/ProjectResources/ResourcesP/60%20- %20M W BE/N EW%20Business%20Equity%200rdinance/Business%20Equity%20Joint%20Venture.pdf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORIDNINACE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REQUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY" OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102326, 102336 & C00130 Revised October 27, 2021 005243-1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on January 23, 2024, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and ,Cole Construction, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Park Improvements at: Tim Watson. Weslevan Nills. & Victory Forest Parks ,Citv Proiect Nos. 102336, 102326, & C00130 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Seven Hundred Sixt�-Eight Thousand, Six Hundred Ninetv-ThreeDollars and Fortv-Seven Cents ($768,693.47). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within .140 Calendar 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 ] 2 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.l 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 Fiftv Dollars $6( 50•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 Park Improve�nents at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102326, 102336 & C00130 Revised 12/08/2023 00 52 43 - 2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specif c) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered ar issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification nrovision is specificallv intended to oper� � be effective even if it is alle�ed or proven that all or some of the damaees being sought were caused, in whole or in nart, bv anv act. omission or negliQence 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 VVORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ]02326, 102336 & C00130 Revised 12/08/2023 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification Drovision is snecificallv intended to onerate and be effective even if it is alleged or �roven that all or some of the damages being sought were caused. in whole or in part, bv anv �t, omission or neQliQence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defned in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ] 02326, 102336 & C00130 Revised 12/08/2023 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. 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 Park Improvements at: STANDARD CONSTRUCTION SPECIFICATfON DOCUMENTS 102326, 102336 & C00130 Revised 12/08/2023 005243-5 Agreement Page 5 of 6 7. ] ] Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third-Party Beneficiaries. This Agreement gives no rights or benefts to anyone other than the City and the Contractor and there are no third-party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sweties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH Park Improvements at: STAND ARD CONSTRUCTION SPECIFICATION 102326, I02336 & C00130 DOCUMENTS Revised 12/08/2023 00 52 43 • 6 Agreement Page6of6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: /Sig;// �"t.,o\ tv\,l"C!&J' c (Printed Name) 0'0 Title Address -fo� /,,Jor!f. ,� 7t2l/'11City/State!Zip 1 ., I1/r.,/-z_<i Date CIT\' OF FORT WORTH JM City of Fort Worth By: Jesica McEachern Assistant City Manager Mar 11, 2024 Date Attest: r1� Jannette Goodall, City Secretary (Seal) M&C: _ ..... 2=--4---"0""'"08=0--- Date: _January 23, 2 024 Form 1295 No.: 2 023-1 088397 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. :Jlwin � Robert Kevin Rodriguez Landscape Architect Approved as to Form and Legality: �LAJ,� KC Jeremy Anato Mensah Assistant City Attorney I ¼ APPROVAL RECOMMENDED: ....£E... SP �Jtwda, 4 ------------==== Richard Zavala, Director Park & Recreation Department STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 1'2/08/2023 Park Improvements at: 102326, 102336 & CO0l30 Bond #RCB0043757 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 6l 13 PERFORMANCE BOND 006113-I PERFORMANCE BOND Page 1 of 2 § § KNOW ALL BY THESE PRESEIYTS: § That we, Cole Construction. Inc., known as "Principal" herein and RLI Insurance Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Seven Hundred Sixtv-Ei�ht Thousand, Six Hundred Ninetv-Three DoUars and Forh�-Seven Cents /$768.693.47), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 23rd day of January, 2024, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Park Improvements at: Tim Watson, Weslevan Hi!ls. & Victory Forest Parks, Ci1v Proiect Nos. 102336. 102326. & C00130. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and ef�'ect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northem District of Texas, Fort Worth Division. CI"1'Y OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUh1ENTS 103226_ 102336 & C00130 Revised December 8, 2023 0061 13-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Govemment Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 3�h day of January � 2Q 24 . PRINCIPAL: Cole Construction, Inc. BY: �� _. � nature ATTEST: (Principal) Secretary � �•� �-`� Witness as to Principal ��.�,� — W itness as to Surety � < � %� �.J., , _ r��7 Name an5 T'itie Address: 10315 Alta Vista Rd Fort Worth, TX 76244 SURETY: RLI Insurance Company SY: ignatu Hollv Clevenqer, Attornev-in-Fact Name and Title Address: 9025 N. Lindbergh D� ive Peoria, IL 61615 Telephone Number: 309�92-i000 *Note: lf signed by an officer of the Surety Company, there must be on file a certified extract f'rom the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Cl'iY OP FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 Park Improvements at: 103226,102336 8 C00130 Bond #RC60043757 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 61 14 PAYMENT BOND 00 61 14 - I I'AYMENT BOND Page I of 2 § § KNOW ALL BY THESE PRESENTS: § That we, Cole Construction. Inc., known as "Principal" herein, and RLI Insurance Company a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Seven Hundred Sixtv-Ei�ht Thousand, Six Nundred Ninetv-Three Do!lars and FortY-Seven Cents ($76$,693.47), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 23rd day of Januarv, 2024, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Park ]mnrovements at: Tim Watson, Weslevan Hills, & Victory Forest Parks, Citv Proiect Nos. 102336. 102326, & C001311. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Govemment Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Govemment Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY O� �ORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 103226, 102336 � C00130 Revised December 8_ 2023 0061 14-2 PAYMENT BOND Pa�e 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 30th day of January 20 24 PRINCIPAL: Cole Construction, Inc. ATTEST: (Principal) Secretary / � itness as to Principal ATTEST: / (Surety) 96��y Witn ss BY: �// �i-- ignatu � �.;�� ti,� /'�� !r�s � _ �'r.r_� Name and Titl� Address: 10315 Alta Vista Rd Fort Worth, TX 76244 SURETY: RLI Insurance Company BY: � ignature Holly Clevenger, Attorney-in-Fact Name and Title � Wi ess as to urety Address: 9025 N. Lindbergh Drive Peoria, IL 61615 Telephone Number: _309-692-1000 Note: If signed by an officer of the Surety, there must be on file a certified extract fi�om the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION GTY OP PORT WORTH Park Improvements at: STANDARD CONSTNUCTION SPF.CIPICATION DOCUMF.NTS 103226, 102336 & C00] 30 Revised Ikcember 8, 2023 Bond #RCB0043757 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 61 19 MAINTENANCE BOND 0061 19- 1 MAINTENANCE BOND Page 1 of 3 § § KNOW ALL BY THESE PRESENTS: § That we Cole Construction, Inc., known as "Principal" herein and RLI Insurance Com an a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Seven Hundred Sixtv-EiQht Thousand. Six Hundred Ninetv-Three Dollars and Fortv-Seven Cents ($768,693.47), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, tirmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 23rd day ofJanuarv, 2024, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as Park Improvements at: Tim Watson, Weslevan Hills. & �'ictory Forest Parks, Citv Proiect Nos 102336. 102326. & C00130; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain fi•ee from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. CfTY OF FOR"1' WORTH Park Improvements at: STANDAKD CONSTKUCTION SPECIFICATION DOCUMENTS 103226, 102336 & C00130 Revised DecemUer 8, 2023 0061 19-2 MAIN"PENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches_ CITY OF FORT WORTH Vark Improvements at S"1'ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 103226, 102336 & C00130 Revised December 8, 2023 0061 19-3 MAINTENANCE BOND Page 3 ot 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 30th day of Januar�r_ , 20 24 . PRINCiPAL: Cole Construction, Inc. BY: /_-- `i�` � / Sign e ATTEST: (Principal) Secretary � _. itness a.s to Prin�ipal �J � � �/. � � � /'f� itt,e/' /i�l' -- Name and T�i�tle Address: �0315 Alta Vista Rd Fort Worth, TX 76244 SURETY: RLI Insurance Company : �1S�1�� ' ' .--: � Hoily Clevenger, Attorney-in-Fact Name and Title Address: 9025 N. Lindbergh Drive Peoria, IL 61615 Telephone Number: 309-692-100Q *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STAIYDARD CONSTRUCTION SPF,CIFICATION DOCUMENTS Revised December 8, 2023 Park Improvements at: 103226,102336 & C00130 ATTEST: POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Pcoria, IL 61615 Phone: 800-645-2402 Know A/! Men by Tiiese Presents: 0061 25- 1 CERTIFICATE OF INSURANCE Page 1 of 2 That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an [Ilinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Jack M. C'mwley,�eborah English,_Luke J. Nolan 1r_,�psg�s�y, Julie M_ De�ker s, Brendan Fletcher$ I ai�rie Pfl�g�, Hollv Cleven�er, iointiv9tseverallv _ _ ,. in the City of Dallas , State of Texas its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twentv Five MilliorL � Dollars (�$25,000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI [nsurance Company and/or Contractors Sonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attomey or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WNEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this _l9t day of _Seatember , _2022 . State of lllinois �ON�`pG ANO pi5.` <>,, • 9 = ' 9 : ==o: •G�PPORqrR•: m�c = V ' • ' � _ ��'. SEAL;',D; ��_ •, , r ,; l�lLIN015 } SS ) ` \��pp.NCE C��A : �� ,G�aP��TF•'9�: : SEAL . ; • %( l I N p��'.,,`` RLI Insurance Company Contractors Bonding and Insurance Company V `� �• , By: Barton W. Davis Vice President CER"1'IFICA7'E County of Peoria On this _l9tt� day of �September 2022�, befbre me, a Notuy Public, personally appearcd _Barton W. Davis who bcing by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid ofiicer of the RLI Insurance Company and/or Contractors Bonding and Insarance Company and acknowledged said instnunent to bc; [he voluntary act and deed of said corporation. t�y: l��ar. � • ��oue� Catherine D. Glover CATHERINE D. OLOYii - . o� sEu � Nomry P�b11e - st� a � u�ure My Con�rlalan E�Irr Notary Public I, the undersigned otlicer of RLI Insurance Company and�or Contractors Bonding and Insurance Company, do hereby ceriify that the attached Power of Attomey is in full torcc and ef�'ect and is irrcvocable; and furthetmore, that the Res�tlution of the Company as sct t<xth in the Power of Attorney, is r.ow in force. In testimony whcreof, 1 have hereunto set rny htiid and the seal of the RLI Insurance Company and/or Concractors Bonding anci Insurance Company this _30th day of ^,..lanua , 2024 RLI Insurance Company Contractors Bonding and Insurance Cornpany t�y: � � Jeffrey icl. Corporate Secretary ��YJ3�'�� AOOSSDI9 R�' � RLl Insurance Company P.O. Box 3967 Peori� tL 61612-3967 Phone: 309-692-1000 Fax 309-683-1610 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: 0061 25-2 CERTIFICATE OF INSURANCE Page 2 ot 2 Texas Policyholder Notice TEXAS AVISO IMPORTANTE Para obtener informacion o para presentar una queja: You may call RLI Insurance Company's toll free telephone Usted puede ltamar al numero de telefono gratuito de RLI number fbr information or to make a complaint at 500-645-2402. Insurance Company para obtener informacion o para presentar una queja al 800-645-�4Q2. You may also write to RLI Insurance Company at: 9025 N. Lindbergh Drive Peoria, IL 61615 FAX # 309-683-1610 Usted tambien puede escribir a RLI Insurance Company: 9025 N. Lindbergh Drive Peoria, lL 61615 FAX # 309-683- I610 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-25 2-3439 You may also write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Web: www.tdi.texas.sov E-mail: ConsumerProtection(a�tdi.texas.gov Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informacion sobre companias, coberturas, derechos o quejas al T1-800-252-3439= Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Sitio web: www.tdi.texas.sov E-mail: ConsumerProtectionLa�,tdi.texas.�9v PREMIUM OR CLAIM DISPUTES: DISPUTAS POR PRIMAS DE SEGUROS O Should you have a dispute concerning your premium or about a RECLAMACIONES: claim, you should contact the agent first. If the dispute is not Si tiene una disputa relacionada con su prima de seguro o con resolved, you may contact the Texas Department of Insurance. reclamacion, usted debe comunicarse con el agente primero. Si la disputa no es resuelta, puede comunicarse con el Departamento de ATTACH THIS NOTICE TO YOUR POLICY: Seguros de Texas. This notice is for information only and does not become a part or condition ofthe attached document. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se convierte en parte o en condicion del documento adjunto. UW 1042-S(08/IS) M4201815 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1— Definitions and Terminology ............................................................... 1.01 Defined Terms .................................................................................... 1.02 Terminology ....................................................................................... Page ........................................... 1 ...........................................1 ........................................... 6 Article2— Preliminary Matters ......................................................................................................................... 7 2.01 Copies of Documents ....................................................................................................................7 2.02 Commencement of Contract Time; Notice to Proceed ................................................................ 7 2. 03 Starting the Work . ... ... .... ..... ... ..... ..... ..... .... ..... ..... ... ..... ..... ..... .... ..... ..... ... ..... ..... ..... .... ..... ..... ... ..... .. 8 2.04 Before Starting Construction ........................................................................................................ 8 2.05 Preconstruction Conference .......................................................................................................... 8 2.06 Public Meeting .............................................................................................................................. 8 2.07 Initial Acceptance of Schedules .................................................................................................... 8 Article 3— Contract Documents: Intent, Amending, Reuse ............................................................................ 8 3. O 1 Intent ... .. ... ... ..... ..... ..... .... .... .... ..... ..... ..... ..... .... .... .... ..... ..... ..... ..... .... .... .... ..... ..... ..... ..... ..... .... ..... ... ... 8 3.02 Reference Standards ...................................................................................................................... 9 3.03 Reporting and Resolving Discrepancies ....................................................................................... 9 3.04 Amending and Supplementing Contract Documents .................................................................10 3.05 Reuse of Documents ...................................................................................................................10 3.06 Electronic Data ............................................................................................................................ 11 Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ........................................................................................................... 11 4.01 Availability of Lands ..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions .............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site .............................................................................. 14 Article 5— Bonds and Insurance ............................................................................... 5.01 Licensed Sureties and Insurers ............................................................. 5.02 Performance, Payment, and Maintenance Bonds .................................. 5.03 Certificates of Insurance ....................................................................... 5.04 Contractor's Insurance .......................................................................... 5.05 Acceptance ofBonds and Insurance; Option to Replace ...................... ......................................16 ......................................16 ..................................... 16 ......................................16 ......................................18 .....................................19 Article 6 — Contractor's Responsibilities ........................................................................................................19 6.01 Supervision and Superintendence ...............................................................................................19 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 Labor; Working Hours ................................................................................................................20 Services, Materials, and Equipment ...........................................................................................20 ProjectSchedule ..........................................................................................................................21 Substitutes and "Or-Equals" .......................................................................................................21 Concerning Subcontractors, Suppliers, and Others .................................................................... 24 WageRates .................................................................................................................................. 25 Patent Fees and Royalties ...........................................................................................................26 Permitsand Utilities ....................................................................................................................27 Lawsand Regulations ................................................................................................................. 27 Taxes...........................................................................................................................................28 Use of Site and Other Areas ....................................................................................................... 28 RecordDocuments ...................................................................................................................... 29 Safetyand Protection .................................................................................................................. 29 SafetyRepresentative .................................................................................................................. 30 Hazard Communication Programs .............................................................................................30 Emergencies and/or Rectification ...............................................................................................30 Submittals... .. ... ... ... .... ..... .... ..... ... ..... ..... ..... ..... .... .... .... ..... ..... ..... ..... .... .... .... ..... ..... .. ..... ... ..... .... .... 31 Continuingthe Work ...................................................................................................................32 Contractor's General Warranty and Guarantee .......................................................................... 32 Indemnification.........................................................................................................................33 Delegation of Professional Design Services ..............................................................................34 Rightto Audit .............................................................................................................................. 34 Nondis c riminatio n . . . . . . . . . . . . . . . . . . . . . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. . .. .. . .. 3 5 Article 7- Other Work at the Site ................................................................................................... 7.01 Related Work at Site ................................................................................................... 7.02 Coordination ................................................................................................................ .....35 .....35 ..... 36 Article 8 - City's Responsibilities ...................................................................................................................36 8.01 Communications to Contractor ...................................................................................................36 8.02 Furnish Data ................................................................................................................................ 36 8.03 Pay WhenDue ............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests ...................................................................................36 8.05 Change Orders ............................................................................................................................. 36 8.06 Inspections, Tests, and Approvals ..............................................................................................36 8.07 Limitations on City's Responsibilities .......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition .................................................................... 37 8.09 Compliance with Safety Program ...............................................................................................37 Article 9- City's Observation Status During Construction ........................................................................... 37 9.01 City's Project Manager ... ......................................................................................................... 37 9.02 Visits to Site ................................................................................................................................ 37 9.03 Authorized Variations in Work .................................................................................................. 38 9.04 Rejecting Defective Work ..........................................................................................................38 9.05 Determinations for Work Performed ..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 38 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 Article 10 - Changes in the Work; Claims; Extra Work ................................................................................ 38 10.01 Authorized Changes in the Work ...............................................................................................38 10.02 Unauthorized Changes in the Work ...........................................................................................39 10.03 Execution of Change Orders .......................................................................................................39 10.04 Extra Work ..................................................................................................................................39 10.05 Notif'ication to Surety ..................................................................................................................39 10.06 Contract Claims Process .............................................................................................................40 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41 11.01 Cost of the Work ......................................................................................................................... 41 11.02 Allowances ..................................................................................................................................43 11.03 Unit Price Work .......................................................................................................................... 44 11.04 Plans Quantity Measurement ......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time ................................................................. 46 12.01 Change ofContractPrice ............................................................................................................46 12.02 Change of Contract Time ............................................................................................................47 12.03 Delays ..........................................................................................................................................47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work ...........................................................................................................................48 13.03 Tests and Inspections ..................................................................................................................48 13.04 Uncovering Work ........................................................................................................................49 13.05 City May Stop the Work .............................................................................................................49 13.06 Correction or Removal of Defective Work ................................................................................50 13.07 Correction Period ........................................................................................................................ 50 13.08 Acceptance of Defective Work ................................................................................................... 51 13.09 City May Correct Defective Work .............................................................................................51 Article 14 - Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor's Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................ 55 14.05 Final Inspection ...........................................................................................................................55 14.06 Final Acceptance ......................................................................................................................... 55 14.07 Final Payment .............................................................................................................................. 56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ........................................................................................................................ 57 Article 15 - Suspension of Work and Termination ........................................................................................57 15.01 City May Suspend Work .............................................................................................................57 15.02 City May Terminate for Cause ................................................................................................... 58 15.03 City May Terminate For Convenience ....................................................................................... 60 Article 16 - Dispute Resolution ...................................................................................................................... 61 16.01 Methods and Procedures .............................................................................................................61 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 Article 17 — Miscellaneous ............................. 17.01 Giving Notice ............................. 17.02 Computation of Times ............... 17.03 Cumulative Remedies ................ 17.04 Survival of Obligations .............. 17.05 Headings ..................................... .................................................................... 62 .................................................................... 62 .................................................................... 62 .................................................................... 62 .................................................................... 63 .................................................................... 63 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 1 of 63 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 De fined Tern�s A. Whereverused 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 conteat consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capitalletters in the Contract Documents mclude references to identif'ied 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. Agree�nent—The written instrument which is evidence of the agreement between City and Contractor covermg 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 fmal 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 releasmg asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (mcluding all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. CalendarDay —A day consisting of 24 hours measured from midnight to the next midnight. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 2 of 63 12. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specif'ic duties with responsibility for fmal enforcement of the contracts involvmg the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered 'mto the Agreement and for whom the Work is to be performed. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Clai�A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 18. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor—The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 3 of 63 24. Da�nage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 26. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Director of Parks and Co�nmunity Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development— The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointe d representative, assistant, or agents. 29. Director of Ti^ansportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, TeXas, or his duly appointed representative, assistant, or agents. 31. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, e�tent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 34. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 35. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 4 of 63 37. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirements�ections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Item— An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceed—A written notice given by City to Contractor fiYing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs—Polychlormated 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 miYed with other non-Hazardous Waste and crude oils. 49. Plans — See definition of Drawings. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 5 of 63 50. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describmg the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 51. Project—The Work to be performed under the Contract Documents. 52. ProjectManager The authorized representative of the City who will be assigned to the Site. 53. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaming an informed view of the Project. 54. Radioactive Material�ource, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. Sa�nples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 57. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewmg 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, mcluding rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 60. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certam administrative requirements and procedural matters applicable thereto. Specif'ications 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 6 of 63 62. Submittals—All drawings, diagrams, illustrations, schedules, and other data or mformation which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Substantial Completion — The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materiahnan, or vendor having a direct contract with Contractor or with any Subcontractor to fiunish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasemerrts containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69 UnitPrice Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 7 of 63 The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is mtended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: L The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specif'ically limited in the conteXt used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known techriical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawmgs. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance ofSchedules 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 descnbe a functionally complete project (or part thereo� to be constructed 'm 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 specif'ically called for, at no additional cost to City. C. Clarif'ications and interpretations of the Contract Documents shall be issued by City. D. The Specif'ications may vary in form, format and style. Some Specif'ication 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 pl�rases shall be supplied by inference. Similar types ofprovisions may appear in various parts of a section or articles within a part depending on the format of the CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specif'ication 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, Specif'ications, Codes, Laws, and Regulations 1. Reference to standards, specif'ications, 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, specif'ication, 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 ResolvingDiscrepancies A. Reporting Discrepancies: L 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 clarif'ication 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, specif'ication, 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 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specif'ication, manual, or the mstruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over Creneral Conditions and Specif'ications, and quantities shown on the Plans shall govern over those shown m the proposal. 3.04 Amending and Supplementing Cont�actDocuments A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations m the Work not mvolving a change m Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse ofDocuJnents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights m any of the Drawings, Specif'ications, or other documents (or copies of any thereo� prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specif'ications, other documents, or copies thereof on eatensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive fmal 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 'm the Supplementary Conditions, the data fiunished 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 Specif'ications referenced and located on the City's on-line electronic document management and collaboration system site. Files m 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 resultmg 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 specif'ically 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 e�sting facilities. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstand'mg right-of-way and/or easements are anticipated to be acquired 'm accordance withthe schedule setforthin the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstand'mg right-of-way, and/or easements. 2. The City has or anticipates removmg and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated 'm accordance with the schedule setforth in the Supplementary Conditions. The Project Schedule submitted by the Contractor m 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface andPhysical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of e�plorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to e�sting 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 "tecl�nical 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, tecl�niques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, mterpretations, opinions, and information contamed in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "tecl�nical data" or any such other data, mterpretations, opinions, or information. 4.03 DifferingSubsurface orPhysical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "tecl�nical 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 fram conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Adjustnzents Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the e�stence 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 e�stence of such condition could reasonably have beendiscovered or revealed as a result of the exammation of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respectto 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 Facilitie s, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the followmg will be included 'm the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated 'm the Contract Documents; c. coord'mation and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.• 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or mdicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the e�tent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the e�stence 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. Verif'ication of e�stmg utilities, structures, and service lines shall include notif'ication 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 bencl�marks 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 atSite A. Reports and Drawings: The Supplementary Conditions identify those reports and drawmgs known to City relatmg 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 "tecl�nical data" is identif'ied in the Supplementary Conditions. Contractor may not make any Contract Claim agamst 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 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, mterpretations, opinions and information contained 'm such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawmgs or Specif'ications or identified m the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter conf�rm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent per7nitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, fromand againstall claims, costs, losses, and damages (including butnotlimited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitl^ation or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractoror by anyoneforwhomContractor is responsible. Nothing in this Paragraph 4. 06.G shall obligate Contractor to indemn� any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 16 of 63 ARTICLE 5— B ONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, andMaintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall fiunish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work descnbed 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 Certif'icates 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 notif'ication, 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 eachadditional insured and loss payee identified in the Supplementary Conditions, certif'icates of insurance (other evidence of insurance requested by City or any other additional insured) m at least the minimum amount as specif'ied 'm 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified 'm 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 insure d, be complete m 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 ratmg is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation agamst the Engineer (if applicable), and each additional insured identified 'm the Supplementary Conditions 6. Failure of the City to demand such certif'icates 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 specif'ied coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be comcident 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 tl�ree (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 18 of 63 lieu of traditional msurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, lunitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modif'ications 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 'm 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: 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal mjury, or advertising injury, which are normally contamed with the policy, unless the City approves such exclusions in writmg. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for clauns for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance ofBonds andlnsurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days afterreceipt of the certif'icates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision andSuperintendence 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 m accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, tecl�niques, sequences, and procedures of construction. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; WorkingHours A. Contractor shall provide competent, suitably qualif'ied personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilitie s, 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 Specif'ications 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided 'm the Contract Documents. D. All items of standard equipment to be incorporated 'mto the Work shall be the latest model at the time of bid, unless otherwise specif'ied. 6.04 ProjectSchedule 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 (tothe e�tent indicated in Paragraph2.07 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 O1 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or descnbed in the Contract Documents by usmg the name of a proprietary item or the name of a particular Supplier, the specif'ication or description is mtended 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-equaP' 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 m 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 accomplishe d without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certif'ies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section O1 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state : a) the eatent, 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; CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specif'ied; 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 specif'ic means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, tecl�nique, 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.OS.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.OS.A and 6.OS.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 determmation. D. Special Guarantee: City may require Contractor to furnish at Contractor's eXpense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by themfrom and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's CostReimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 24 of 63 G. City Substitute Reimbursement: Costs (savmgs or charges) attributable to acceptance of a substitute shall be mcorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other mdividual 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 individua ls or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is require d to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon requestby 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: CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or fiunishing any of the Workunder 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 bmds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), includ'mg the payment of not less than the rates determmed by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penaltyfor Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulate d in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to TeXas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determmation, before the 31st day after the date the City receives the information, as to whether good cause e�sts to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determmation that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retam the full amounts claimed by the claimant or claimants as the difference betweenwages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a fmal determination of the violation. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to bind'mg arbitration m accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreementbefore the 15th day afterthe date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is fmal and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years followmg the date of acceptance of the work, maintain records that show (i) the name and occupation of eachworker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payinents. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 PatentFees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the e�stence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent per7nitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, fromand againstall claims, costs, losses, and damages (including butnotlimited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the perforinance ofthe Work or resultingfi^om CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 27 of 63 the incorporation in the Work of any invention, design, process, product, or device notspecified in the ContractDocuments. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtauvng such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specif'ied in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtainedpermits and licenses. City will obtain andpay for all permits and licenses asprovided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding per�nits 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 m accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitormg Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certam that the Specif'ications and Drawmgs are m 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 qualif'ies for exemption pursuant to Texas TaX Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such eXemption certif'icate issued to the Contractor m 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 pertaming to the Texas Tax Code, Subchapter H. B. Texas Taxpermits 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.lX.us/taxinfo/ta�orms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and OtherAreas: L Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to fmish the section on which operations are in progress before work is commenced on any additional area of the Site. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuantto Paragraph 6.21, Contractor shall indemnifyand hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to arry claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Perforinance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor m the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specif'ications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made durmg 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 Prolection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: l. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or mdirectly, m whole or m part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent tl�reatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any sigrvficant CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereo£ If City determines that a change in the Contract Documents is require d 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 fulf'ill 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 Paragraph2.07). Eachsubmittal 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, specif'ie d 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 showmg 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 Specif'ications. 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole e�pense and responsibility of Contractor. C. City's Review: City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or mcorporation m the Work, conform to the information given in the ContractDocuments and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not e�tend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, tecl�nique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereta The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section O1 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be m 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 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or fmal payment; 3. the issuance of a certif'icate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specif'ied and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Inde mnification A. Contractor covenants and agrees to indemnify, hold harniless and defend, at its own expense,the City, its o�cers, servants and employees,from and against any and all claims arising out o� or alleged to arise out o� the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THiS iNnF.MNiFiCATiON PROViSiON iS SPF,CiFi(;'Ai,i,Y iNTF,NnF.n TO OPFRATF ANn RF FFFFC'TiVF; FVF,N iF iT iS Ai.i,FGFn OR PRnVT'N THAT Ai.i, nR SnMF, nF THF, nAMAGF,S RF.TNG SnTT(:HT WF'RF, CAITSF,n. iN WFTn1,F, nR iN PART. RY ANV A(�T. nMiSSinN nR NF,(�Li(�F,N(�F, nF THF. ("iTY. 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. Contractorcovenants and agre es to indemnify and hold harmles s, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out o� or alleged to arise out o� the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THiS iNnF,MNTFT(�ATinN PRnVISTnN TS CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 34 of 63 � \ \ � � � � � : � � \ � i � � \ � � ► � ► � � \ ■ � � ► _ � 1l � ■ � � �� i \ � ■ �� ► � \ �� ■ � � ► \ ' � ► i � \ � � 1l � \ � ► \ \ � � 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carryout Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certif'ications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawmgs, calculations, specif'ications, certif'ications, and Submittals prepared by such professional. Submittals related to the Work designed or certif'ied by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuantto this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of tl�ree (3) years after fmal payment under this Contract, have access to and the right to examme and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after fmal payment under this Contract, have access to and the right to examine and photocopy any directly pertment books, documents, papers, and records of such Subcontractor, involvmg transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S 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 Nondiscri�nination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal fmancial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminatmg against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended.• Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7— OTHER WORK AT THE SITE 7.01 Related Work atSite 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 startmg any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, eachutility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access tothe Site, provide areasonable 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 cuttmg, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly mtegrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the followmg will be set forth m Supplementary Conditions: 1. the mdividual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identif'ied; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the e�tent 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 'm 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 e�sting 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, andApprovals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 37 of 63 8.07 Li7nitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City'sProjectManager City will provide one or more Project Manager(s) durmg the construction period. The duties and responsibilities and the lunitations of authority of City's Project Manager durmg construction are set forth in the Contract Documents. The City's Project Manager for this Contract is identified in the Supplementary Conditions. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make e�iaustive or contmuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 38 of 63 9.03 Authorized T�ariations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classif'ications 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 fmal (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Require�nents ofContract 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 mvalidatmg 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 specif'ically 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an eatension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modif'ied, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution ofChange Orders A. City and Contractor shall execute appropriate Change Orders covering: changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.O1.A, (ii) require d because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereo£ Contract Claims regarding E�tra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showmg the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a fiill, complete and fmal payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, ui�lcnown, foreseen or unforeseen at that time, includ'mg without limitation, any costs for delay, e�tended 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or e�tent 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be fmal 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; UIVIT 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 ll.O1.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.O1.B, and shall mclude 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 classif'ications agreed upon by City and Contractor. Such employees shall mclude, without lunitation, 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 e�tent 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 thereo£ 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 necessaty for the Work. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined 'm 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 specif'ically 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, mcluding 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 m connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. £ The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items m connection with the Work. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S 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, purchasmg 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 ll.O1.A.1 or specifically covered by Paragraph ll.O1.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.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.O1.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-bidAllowances: 1. Contractor agrees that: CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. ContingencyAllowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to fmal payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 UnitPrice Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for eachseparately 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 identif'ied item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identif'ied in the listmg of unit price items shall be considered incidental to unit price work listed and the cost of incidental work mcluded as part of the unit price. D. City may make anadjustment in the ContractPrice in accordance withParagraph 12.01 i£ 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item mdicated 'm the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes m quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 45 of 63 2. If the changes in quantities or alterations signif'icantly 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 origmal 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 origmal quantity stated 'm the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not representthe exact quantity of work performed or material moved, handled, or placed durmg the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an mdividual 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 fmal 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 m Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correctan error, or to correctanerror on the plans, the plans quantity will be increasedor decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fiX the final quantity as a plans quantity. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of ContractPrice A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of E�tra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reachedunder Paragraph 12.O1.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.O1.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 fiYed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.O1.A.1, 11.O1.A.2. and 11.O1.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 ll.O1.A.4 and ll.O1.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fiXed fee is agreed upon, the intent of Paragrapl�s 12.O1.C.2.a and 12.O1.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will eachbe paid a fee of five percent (5%) of the amount paid to the neXt lower tier Subcontractor, however m no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.6, and 11.O1.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 e�tension of the Contract Time will be allowed for E�tra 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 claime d 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 e�tended 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 descr�bed 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 e�tra 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, mdependent testmg laboratories, and governmental agencies with jurisdictiona l mterests will have access to the Site and the Work at reasonable times for their observation, inspection, and testmg. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereo� to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtauvng such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specif'ically identif'ied in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be mcorporated 'm the Work; or acceptance ofmaterials, miY designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any mspections or tests ("Testing") for any part of the Work, as determmed solely by City. 1. City will coordinate such Testing to the e�tent 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all mvoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Paymentuntil 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 mvoice 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 testedby 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 uncovermg, exposure, observation, inspection, and testmg, 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 acceptdefective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with e�posing, observmg, and testmg the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase m the Contract Price or an e�tension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, mspection, 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 m 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 eluninated; 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 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction orRemoval of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (mcluding 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) arismg out of or relatmg to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 51 of 63 C. In special circumstances where a particulax item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be e�tended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance ofDefective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all clauns, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the dimuiished value of the Work to the e�tent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct De fective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed e�peditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this P aragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued 'mcorporating the necessaryrevisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease m the Contract Price. D. Contractor shall not be allowed an e�tension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Paymer� acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Paymentfilled out and signed by Contractor covermg 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 mcorporated 'm 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 STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 53 of 63 B. Review ofApplications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor mdicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a fmal determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualif'ications stated 'm the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to checkthe quality or the quantity of the Work asit has beenperformed have been e�austive, eatended 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 e�tent 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 m quantities contamed in previous applications for payment; c. the ContractPrice has been reducedby Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be assessed against the monies due the Contractor, not as a penalty, but as damages suffered by the City. E. Payment.• Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivere d a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any part of the Work which has specifically been identified in the Contract Documents, or which City determines constitute s a separately functioning and usable part of the Work that can be used for its intended purpose without sigruf'icant interference with Contractor's performance of the remamder 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 writmg 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.OS.A.1, City and Contractor shall make an inspection of that part of the Work to determme its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing givmg the reasons therefor. 3. PartialUtilization will not constitute Final Acceptance by City. 14.05 Finallnspection A. Upon written notice from Contractor that the entire Work is S ub s t a nt i a lly Complete in accordance with the Contract Documents: 1. Within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective ("Punch List Items"). Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification to the City of Substantial Completion and the date of Final Inspection. 1. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified 'm the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 56 of 63 14.07 Final Payment A. ApplicationforPayment.• 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for fmal payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to 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 filed in connection with the Work. B. PaymentBecomes 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, mcluding but not limited to liquidated damages, will become due and payable. 2. After all Damage Clauns 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 th guarantees or other requirements of the Contract Documents which thereafter. 14.08 Final Completion Delayed and Partial Retainage Release e Contractor of any specifically continue A. If final completion of the Work is signif'icantly delayed, and if City so confirms, City may, upon receipt of Contractor's fmal Application for Payment, and without terminatmg 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 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing fmal payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establisl�ment and maintenance, and test and performance periods following the completion of all other construction m 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 clauns or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fiY the date on which Work will be resumed. Contractor shall resume the Work on the date so fiYed. During temporary suspension of the Work coveredby these Contract Documents, for any reason, the City will make no e�tra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an e�tension m Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefmite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of movmg 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 58 of 63 15.02 City May Ter�ninate for Cause A. The occurrence of any one or more of the followmg events by way of example, but not of lunitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial mdication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefrt 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 eatent 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 termmated, 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 CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may eXclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and fmish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such eXcess will be paid to Contractor. If such claims, costs, losses and damages exceedsuch unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used 'm completmg the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then e�sting 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 e�tent 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 60 of 63 15.03 City May Ter�ninate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effectedby mailing a notice of the termmation to the Contractor specifymg the eatent to which performance of Work under the contract is termmated, 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 e�tent 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 termmated; 3. terminate all orders and subcontracts to the ea�tent that they relate to the performance of the Work terminated by notice of termmation; 4. transfer title to the City and deliver in the manner, at the times, and to the e�tent, 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 termmation date specif'ied 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. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to fmal 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 eatension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termmation, mcluding fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reasonof 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 fmal and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process m good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become fmal and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 62 of 63 elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Co7nputation ofTimes When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Re�nedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 007200-1 GENERAL CONDITION S Page 63 of 63 17.04 Survival ofObligations All representations, indenuufications, 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 fmal payment, completion, and acceptance of the Work or termmation or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph head'mgs are mserted for convenience only and do not constitute parts of these General Conditions. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: &23/Z021 00 73 00 SUPPLEMENTARY CONDITIONS SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions Page 1 of 5 These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modiiications and Supplements The following are instructions that modify or supplement specifc paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.OlA Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the fmal easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.O1A.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 March 15, 2022: Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION NONE NONE NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the fmal 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. CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised October 6, 2023 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 5 SC-4.O1A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/ar relocated as of March 15, 2022: EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT NONE NONE NONE The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: NONE The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: NONE SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: NONE SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: NONE (�) Other: NONE SC-5.04A., "Contractor's �nsurance" The limits of liability for the insurance required by Paragraph GG5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GG5.04A. Statutory lineits Employer's liability $100,000 each accident/occurr•ence �100, 000 Disease - each employee �500, 000 Disease - policy lirnit CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised October 6, 2023 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 5 SG5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GG5.04B. Contractor's Liability Insurance under Paragraph GG5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2, 000, 000 aggregate liinit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GG5.04C., which shall be in an amount not less than the following amounts: (1) Automobile LiabiGty - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250, 000 Bodily Injury per person / $500, 000 Bodily Injury per accident / $100, 000 Property Damage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks. NONE SC-6.04., "Project Schedule" Project schedule shall be tier 4 for the project. SC-6.07 A.., "Duty to pay Prevailing Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: A list of the prevailing wage rate table(s) applicable to the type of constr•uction being provided in this contract can be found in the back end of this contract. A copy ofthe table is also available by accessing the City's website at: https: //anps.fortworthtexas. �ov/Proi ectResou rces/ You can access the file by following the directory path: 02-Construction Documents/Speciiications/Div00 — General Conditions CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised October 6, 2023 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 5 SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 1. TCEQ (SWPPP) permit SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: 1. NONE SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of March 15, 2022: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION NONE NONE SC-7.02., "Coordination" TARGET DATE OF POSSESSION NONE The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authorit NONE SC-8.01, "Communications to Contractor" NONE SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Robert Kevin Rodriguez, or his/her successor pursuant to written notiiication from the Director of Park & Recreation. SC-13.03C., "Tests and Inspections" Refer to Section 01 45 23 Testing and Inspection Services SC-16.O1C1, "Methods and Procedures" Refer to Section 00 72 00 General Conditions END OF SECTION CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised October 6, 2023 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 5 Revision Log DATE NAME SUMMARY OF CHANGE 1/22/2016 F. Griffin SC-9.01., "City's Project Representative" wording changed to City's Project Manager. 3/9/2020 D.V. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. 10/06/23 Michael Owen SC-6.07, Allow affidavit regarding paying prevailing wages to be submitted on completion of job, as opposed to with each progress report CITY OF FORT WORTH Park Improvements at: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102336, 102326 & C00130 Revised October 6, 2023