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HomeMy WebLinkAboutContract 63289CSC No. 63289 THE CITY OF FORT WORTH, TEXAS BOB BOLEN TRAINING CENTER CLASSROOM INFILURESTROOM ADDITION FOIN Y1 K 11 Z, a S1 PROJECT NO. 105455 FORTWORTH. MATTIE PARKER MAYOR JESUS CHAPA CITY MANAGER Marilyn Marvin Director, Property Management Department Neil Noakes Chief, Police Department KOMATSU Morales Construction Services, Inc. April 2025 Instruction to Offerors Bob Bolen Training Center Classroom Project (April 2025) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 1 of 34 NOTICE Competitive Sealed Proposals ("Proposals") for the Bob Bolen Training Classroom Infill/Restroom Addition located at 505 W. Felix Street in Fort Worth, TX 76115 in Fort Worth Texas will be received thru the Bonfire Website httos:llfortworthtexas.bonfirehub.comAoain until 2:00 P.M on Thursday, December 12, 2024, and will be opened and publicly read aloud immediately thereafter in the Council Chambers, located at 1001=ort Worth Trail, Fort Worth, 'Texas 76102, A Pre -Proposal Conference will be held at 1:30 P.M., Thursday, November 14, 2024 at Bob Bolen Public Safety Complex. The last day for questions from prospective Proposers is at 5:00 PM on Friday, December 6, 2024. After evaluating the Proposals submitted, the City shall select the Proposer that offers the best value to the City and enter into negotiations with that firm. Proposals shall be valid for C)NE HUNDRED TWENTY (120) calendar days. There are no Alternates for this project. Proposals shall include a 7.5% Owner's Contingency Allowance based on Proposer's costs proposal on a separate line item on the Proposal farm. This Allowance is not to be included In the ease Proposal but will be included in the contract amount at the appropriate time. Only the Owner may use of this allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth. Refer to the evaluation matrix for the selection of the Best Value Proposer in the Instructions. The Business Equity participation goal is 12.60%. Refer to the Request for Proposal documents for detailed Business Equity compliance information. The applicable documents must be submitted by all Proposers no later than the third City business day after Proposals are opened, exclusive of the opening date. Business Equity information may be submitted with the Proposal. Failure to submit the required business equity documentation will result in the Proposal being considered Non -Responsive. Non - Responsive proposals will not be reviewed further. it is highly encouraged to submit all IVWBE Documentation (Utilization Formll Ols) at the time of bid close date. Proposers must submit a bid bond with their proposal, Prior to an award of contract, Proposer will be required to provide Payment and Performance Bonds and provide Contractors General Liability insurance and Statutory Workers Compensation Coverage. If you intend to submit a Proposal, it is requested you inform the Project Manager or Arch itect/Englneer. Paper copies of the Instructions, General Conditions, Contract, Drawings, and Specifications will not be provided. The construction documents may be viewed on-line and self -printed by cutting and pasting the following link into your browser' httaa�llforLworthlex_$s.bQnfrehub comlloain Contact the Capital Projects Manager, Juan Serrano, at (817) 392-7836 or email uI an.serranoatorlworthtexas.gov for assistance. Advertisement: November 7, 2024 November 14, 2024 Instruction to Offerors Page 2 of 33 Bob 13olen Training Caroler Classroom Projoel (April 2p25) TABLE OF CONTENTS • PROJECT COVER PAGE • NOTICE • TABLE OF CONTENTS • INSTRUCTIONS • PROPOSAL FORM • MIWBE — DVIN FORMS (Separate Attachments) + CONFLICT OF INTEREST AFFIDAVIT CONFLICT OF INTEREST QUESTIONAIRE (CIO) + CONFLICT DISCLOSURE STATEMENT (CIS) • TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE + 2013 PREVAILING WAGE DATES WEATHER TABLE GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (Separate Attachment) ■ CONSTRUCTION CONTRACT + PAYMENT BOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • PROJECT SIGN • ADDENDA (If Applicable) • MAYOR AND COUNCIL COMMUNICATION (M&C- upon execution) instrudlon to Offerors Page 3 of 33 Bob 8olen'I raining Center Classroom Project (April 2025) INSTRUCTIONS 1. PROPOSAL REQUIREMENTS. The following requirements shall be used in the preparation of the response to this Request for Competitive Sealed Proposals (RFP): • Use the Proposal Form provided below. • Entries on the Proposal Form may be handwritten or typed. + Write in contract duration if not specified. + Acknowledge all addenda on the Proposal Form, • Have a Principal sign the Proposal. If the Proposer is a corporation, the president or a vice- president must sign the Proposal. if the Proposer is a partnership, then the person/entity who is the managinglgeneml partner must sign the proposal. Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIO and Form CIS if required.) • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted, In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. The City shall select the Proposer that offers the best value based upon the following criteria and on its ranking evaluation. Paints awarded in an "up to" format; the maximum is shown. In determining the Best Value the City will consider: 1_ Proposed Price (60 points) — The lowest priced responsive Proposal will receive 60 points for this rating criterion. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price, the higher priced proposal will have its score reduced by one percent of the available points for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. References/Experience (20 points) - References and experience of the Proposer as demonstrated by listing past and current projects including references with names and current telephone numbers and list of subcontractors if applicable. 3. Proposed project schedule (10 points) — Proposals should include a general schedule showing the amount of time necessary to complete the project, critical path, major phases of the work, and major impacts on the project. This is to demonstrate an understanding of the project and the most efficient justifiable time. The best schedule demonstrating the Instruction to Orferors Page 4 of 33 Taub Bolen Training Cmier Classruuin Project (April 2025) most complete understanding of the project will receive 10 points. All others will be graded accordingly. 4 Past Work. in the City of Fort Worth (10 points) — Points shall be awarded for experience working on similar projects within the city limits of the City of Fort Worth_ Contractors with no experience in the City of Fort Worth will receive: 5 points. Contractors demonstrating strong experience will receive more than 5 points, Contractors with poor examples may receive less than 5 points, 5 If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. Compliance with the Business Equity (M1WBE) participation and ordinance is Responsive or Nan -Responsive. Proposer shall acknowledge and commit to meeting the Business Equity goal and present the applicable documents no later than the third City business day after proposals are opened, exclusive of the opening date. Proposers shall obtain a receipt from the appropriate department as evidence that the City received the documentation. Failure to timely submit the applicable documents shall render an Proposer non -responsive and cause the Proposal to be rejected. Non -Responsive proposals will not be reviewed further. After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to negotiate a contract with the selected Proposer_ The City and its architect may discuss with the selected Proposer options fora scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Proposer, the City shall, formally and in writing, end negotiations with that Proposer and proceed to the next Proposer in the order of the selection ranking until a contract is reached or all proposals are rejected, 2. BUSINESS EQUITY PROVISIONS Business Equity Goal Requirements (Competitive Sealed Proposals/Best Value). Project Number: 24-104467 Project Name: Bab Eolen Traininu Center Classroom Infllt/Restroom Addition BUSINESS EQUITY PROJECT GOAL The City's business equity goal, for this project is �12.60�%_ Trades identified for this solicitation includes: Asphalt paving mixture and block manufacturing. Brick Stone and related construction _Water, sewer, Dioe, Dower, enoineerinq services, electrical, misc.. ornamental and architectural. ootterv, ceramics andplumbinq POLICY STATFIVIENT It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity Firms, when applicahle, for projects relating to the construction of public infrastructure or public buildings for contracts expected to be $100,000.00 or more in City Funds, All requirements and regulations stated in the City's Business Equity Ordinance Business Equity Ordinance #25165-10-2021, apply to this bid. The City of Fort Worth does not discriminate based on race, age, color, religion, sex, national origin, ancestry, gender, disability, or place of birth in the award and performance of contracts (city Code Ch. 17, Article ill), Contractors desiring to conduct business with the City shall similarly not discriminate. InGKIrlion to Offerors Page 5 of 33 Boh Holen Training Center Classronen Projcei (April 2025) Every City funded contract will be evaluated by the City of Fort Worth's Business Equity Division (BE) to determine how participation by business equity firms can be leveraged. The criteria used to set a Business Equity Goat shall include: The entire scope of work on a contract, Business Equity Firm (BEF) availability within the Marketplace, and total contract dollar amount. A Business Equity Goal shall be expressed in terms of a percentage of the total dollar value of each Contract awarded by the City. The contractor's business equity commitment percentage is based on the total value of the contract including any change orders and modifications throughout the contract agreement. If an Proposer is a Business Equity Firm, the City will count such Proposer's self -performance towards meeting a Business Equity Goal. A contractor cannot require a BEF to sign an exclusive arrangement for the purpose of a bidlproposal submittal or enter a non -compete arrangementpost award. SUBMITTAL OF REQUIRED DOCUMENTATION MWBE Utilization Plan (use Business Received no later then 2:00 pm CST, on the third City business day Equity Utilization Form) and Good Faith after the bid opening or proposal due date_ Should be sent to agent Effort Form (if participation is less than of record, stated goal) Letters) of Intent from Shall be sent to agent of record as per timeline developed during Subcontractor(s) contract negotiations. Procedures for implementation, including good faith efforts requirements, information submitted with bid proposals, reporting procedures, etc., shall be consistent with the procedures utilized in the City's Business Equity Ordinance #25155-10-2021. (A listing of BEF's must be requested 10 business days prior to bid opening, exclusive of the day the bid opens. Listings can be obtained by contacting Business Equity Division by email at: DVIN BEOfficenfortworthtexas.00v). Proposers are strongly encouraged to submit all required Business Equity documents, including a Utilization Plan (or Good Faith Effort), at the time of their bid/proposal submission. However, per City ordinance, Proposers may submit the required documents no later than 2:00 PM on the 3rd business day (which will usually be the following Tuesday) after the proposal opening date. Proposers will receive a message in the Bonfire Portal restating these deadlines. To submit the required documents after the Proposals opening date and time, Proposers must submit the required documents as an attachment to the message and send it back through the Bonfire Portal by the due date and time. All Business Equity questions must be submitted by the cut-off timeline given on Bonfire. All items received through the message function will be appended to the Proposer's response; however, only Business Equity documents will be reviewed. Any attempt to modify any other portion of the proposal will not be accepted or reviewed by the evaluation {panel or City of Fort Worth Departments and may result in disqualification. Failure to summit the required MWBE documentation, based on the listed time and date, will result in the bid being considered non -responsive. Non -Responsive proposals will not be reviewed further. MWBE CERTIFICATIONS The City will recognize MWBE companies that have received one or more certifications frorn the following organizations: -North Central Texas Regional Certification Agency (NCTRCA), Texas Department of Transportation (TxDOT) DBE and Federal projects only, -DIyW Minority Supplier Development Council (MSD/DFVV), and Instruatlon l❑ Offerors Page s of 33 Bab Bolen Training CCnaCr Classruum Pru,iut (April 2025) •Woman's Business Council Southwest (WBCS) SIX COUNTY MARKPLAGE Dallas, Denton, Johnson, parker, Tarrant, and Wise County. POST AWARD COMPLIANCE The Contractor cannot alter the terms of the MWBE Utilization Plan prior to or after Gontract award without the prior written consent of the Business Equity Division. If the Contractor is unable to meet its MWBE commitment, the Contractor shall satisfy its commitment, as it relates to scope of work by submitting Request for Approval of Change to MWBE Utilization Plan for review and written approval from the Business Equity Division. The division shall monitor Subcontractor participation and Business Equity Goal attainment during the course of the Contract_ All payments must be submitted to our supplier diversity portal B2GNow: https:llfortworth.diversitycompliance.coml For training on how to utilize B2Gnow, please sign up athttps:flfortworth.diversitycompliance.com/ and click on System Training. Contractors shall report receipt of all payments from the City in the Business Equity Management System related to Contracts for which a Business Equity Goal was established within 30 days of receipt of such payment. Contractors shall report all payments made to each Business Equity Firm utilized by the Contractor as a Subcontractor related to Contracts for which a Business Equity Goal was established within 30 days of making such payment. If Husiness F.ghrify (BE) delerminev that the Cenaraclar failed to ineel life Business l;quily Goal and the City inerde no changes that intpueted the C rmfraetor's avillly to meet the Busluess Equity Goal, it shrill be considered a breach of the Contract hard BE may Impose sanctions bo accordance with this Article. 3, PROPOSAL SECURITY: Cashier's check or an acceptable bid bond payable to the City of Fort Worth, in an amount of five (5) per cent of the proposal submitted (See paragraph 1 above). The Proposal Security must accompany the Proposal and is subject to forfeit in the event the successful Proposer fails to execute the contract documents within ten (10) days from the date the contract is provided to Proposer after it has been awarded_ The surety must be licensed to do business in the state of Texas.. Failure to submit the Proposal Security with the Proposal may result in the Proposal not being considered for this project. Non -selected Proposer's bonds will be returned within 90 days after award of the contract. 4. PAYMENT BOND AND PERFORMANCE BOND: If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. The form of the bond shall be os herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. 5. PRE -PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Proposer may examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the Proposer shall be considered acknowledgement by Proposer that it has complied with or waived any objections regarding this section- Inslruollon to Offerors age 7 of 33 130 Bolen Training Center Classroom Project (April 7025) 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal, 7. WAGE MATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project. 8. POST PROPOSAL SUBMITTALS: In addition to the required Business Equity Documentation, Proposers are required to submit one (1) electronic copy of the following information to the Bonfire website, or email directly to the City Project manager within three business days subsequent to bid opening (normally by 2:00 PM the next Tuesday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements; IN Contractors Qualification Statement (AIA Form A305), including client references + List of current projects & past projects built within the last 5 years, including owners' and architects' names with contact information for both current & past projects. • Proposed Subcontractors and Suppliers • Detailed Project Schedule Schedule of Values (Breakout by CSI Divisions) • Proof of insurability and bonding capability PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute, % DISCREPANCIES AND ADDENDA: Should a Proposer find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once, If required, the City will prepare a written addendum that will be available to ail Proposers at the place designated for distribution of the Request for Proposal Documents by the Notice. The Proposer is responsible for determining if addenda are available and for securing copies prior to submitting a response to this RFP. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal cr binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Proposer must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non -responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11, INSURANCE: Proposers will be required to demonstrate that insurance coverage in the amounts and types indicated in the attachment, below, is or will be in effect at time of Award of Contract. Unless stated otherwise in the Proposal or RFP, the Contractor shall procure, pay for and maintain at all times during the term of the Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the Contract Sum, 12. TAKES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under Texas Tax Code Chapter 151. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. Instruetion to Offerors Page 8 of 33 Hob Baler Training Center Ciassraom Protest (April 2025) 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees, for example: from the electrical and gas companies, in the Base Proposal, The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities within the property line of the project. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of relevant documents may be downloaded and printed by the Proposer. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, inspection services, testing of construction materials, and other verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted will, at a minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout, The Schedule may be submitted as a table or PERT diagram. 19. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulatiors require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website (www,ethics state.tx.us). The business entity that wishes to enter into the contract must supply the completed and signed Form 1295 to the City. 20. Any oral communications are considered unofficial and non -binding with regard to this proposal. 21. The City reserves the right to reject any or all Proposals, including without limitatlon the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional proposals and to reject the Proposal of any Proposer if City believes that it would not be in the best interest of the Project to matte an award to that Proposer. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Proposer. (The remainder of this page left blank) Inslrudlon to Offerors Naga 9 of 33 Bob Bolan Tvaining Centcr Classrooin Project (April 2025) TO: CITY MANAGER ViA: PURCHASING DEPARTMENT 100 FORT WORTH TRAIL FORT WORTH, TEXAS 76102 PROPOSAL FOR, Bob Bolen Training Center Classroom Infill/Restroom Addition 606 W. Felix Street Fort Worth, Texas 76115 Project PMD2024-08 City Project # 105055 Pursuant to the foregoing "Instructions," the undersigned has examined the plans, specifications and the site, understands the nature and amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work within the time shown, subject to inspection by and approval of the City of Fort Worth, as provided herein below. DESCRIPTION OF ITEMS $ 1,467,000.00 Base Proposal 155 Calendar Days $ 110,025.00 Owner's Contingency Allowance (7.5%) added to Base Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approve the use of this Allowance during construction- Any Allowance remaining at the end of construction will be retained by the City of Fort Worth). $ 1,577,025.00 Base Proposal Plus Owner's Contingency Allowance ALTERNATES — There are no alternates. UNIT PRICES — There is no unit pricing. The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions. Upon authorization of execution of a contract based on this Proposal, the undersigned acknowledges that it is bound to execute a contract for performing and completing the Work within the time stated. The provided deposit check in the sum of Bid Bond 517a Dollars ($ 5% ) or Bidder's Bond is to become the property of the City of Fort Worth, Texas and shall be forfeited in the event the contract, including required surety bonds, are not executed within the time set forth in the Instructions as liquidated damages for delay and additional work caused thereby. The undersigned acknowledges that the City reserves the right to accept or reject any and all proposed subcontractors or suppliers or any combination thereof proposed for the above work. The undersigned acknowledges that does not discriminate as same Is defined and prohibited as found in City Code Chapter 17, Article III, as amended. Residency of Proposers: Texas law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects far construction, improvements, supplies or services in Texas Instruction to Offerors Page 10 of 33 13ob Sakn Training Center Clessraom Proiccl (November 2024) at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A_ 1_1 Non-resident vendors in (give state), our principal place of business, are required to be _percent lower than resident bidders by state law. 1_1 Non-resident vendors in (give state), are not required to underbid resident bidders. B. 1.61 Our principal place of business or corporate offices are in the State of Texas. BUSINESS EQUITY PROVISION for proposals in excess of $100,000.00: 1 am aware that unless provided in this Proposal package, I must submit the Business Equity participation information by the THIRD BUSINESS DAY after proposals opening, exclusive of the opening date, to the City location specified in the bid in order to be considered RESPONSIVE. FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION WILL RESULT IN THE PROPOSAL BEING CONSIDERED NON- RESPONSIVE. Respectfully submitted, Morales Construction Services, Inc. Company Name --- - - - - -- By /. ,// signature Rev Morales Printed Name of Principal Address: 990 N. Walnut Creek Drive, Suite 2018 Street Mansfield, TX City Phone: 817- 225-6807 Email fey@morales-cs.corn Receipt is acknowledged of the following addenda: Addendum No, 1; (& I r121124 Addendum No. 3: Addendum No. 5: Addendum No. 7: Addendum No. 9: PresidPni Title 76063 Zip Addendum No. 2: e IVID124 Addendum No. 4: Addendum No. 6: Addendum No. 8: Addendum No. 10: Instroctlon to Offerors Page 11 ❑f 33 Bob Bolen Training Centcr Classroom Project (November 2024) City of Fort Worth AT'I`ACHMENT IA FORT" WORIJA Business Equity Utilization Form Cage 1 of 4 Disadvantaged Business Enterpriselillzatlon Form_jAppllcahle_if Federally-Fundpdy COMPANY NAME•.OUWNER Morales Construction Services PROJECT NAME:PW- Bob Bolen Training Center Classroom Infill/Restroom Addition PROJECT NUMBER: ri ID DATE: PMD 25-0025 2-12-24 City'a Business Equity Goal: (Cheek If addressing t)ait Goat) Check all applicable boxes to describe ❑ Not Cartllind MBE �WBE PrlmelOfferorlOwner's Classification: Certifying Agency: rV-111NCTRCA 11D,1FWMSDC ❑TX DOT �mNECS Ethnlclty: FlAfdcanAmerican 21HispanicCaucasian Men Offeror's Business Equity (or 12,5 % (Commitment: 16.0 °%o DBE 21 HUD EIVOSB Section 3 Wi011ier: Texas HUB �Nal'weAllteriImn Gender: 21Male Dramale1-1Non•f3lnary Deflnillons: Business Equity Firm: Certified MBE Minority Business Enterprise or WBE Women Business Enterprise DBE: Disadvantaged Business Enterplise HUB: Historically Under Utilized Business VOSS: VoWan Owned Small Businass Section 3: Cortifiod Hnusing Urban Development Vendors ALL 9l1SINESS EQUITY FIRMS MUST BE CERTIFIED BEFORE CONTRACT AWARD Failure to complete flits form, In its entiroty, and iecuiaed by the Purchasing Division no islet lhan 2.:u0 p.ni. on tine third City business day after bid opening, exclusive of bid opening date, will result in Ilia bid-lseing considered non•raspoasivo to hid speetficallarls, �, r�eeption: CFA, ICA and CQSG prol,& danumonls will ho sub lted to Ilia Clity Pro act Manager if uR hliciy bid or to Ilia Developer If privatalV b-Id The undersloned PrimelOfferor agrees to enter into a tormpl agreement with the Business Equity firms) listed in this uillixation Schedule, condiitoned upon oxerution of a contract with the City of Fort Worth fEMi2tion: Oevetoper nrolects . The Intanlicnal andlor knowing misrepresentation of facts is grounds fat consideration of disqualification and will result in time bid being considered non -responsive to bid speclfiaalions, Bualnass Equity firms listed toward maeiina the project goal must be looziad In the City's marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. The marketpieoe Is the Cltv of Fort Worth ineludlnn nortinns of Denton. Parker, Wise, and all of Tarrant. r)elias. and .Iohnsan gountles- Certlfied means those Business Equity Firms, located within trin Marketplane,'fhal have bean dcltrmined to he n bona -Fide mlnorily or women busln48s enterprise by Ilia North Central Texas Re&ilell Certification Agency {NCTRCA), DallaslForl Worth Minority Supplier Development Council (01FW MSDO) and Women's Businasb Council -Southwest If hauling serWcAs are utilized, the PrlmalOffercr will be given credit as long as the Business Equity firm listed owns and oparales at least one fully licansod and operational truck to be used on the contract. Tha Business Equity firms may lease trunks from another Business Equily flfrn, including Business Equity owner -operated, and racelva full Business Equity eredii, The Business 1=qulty tirm may lease tracks from non-Businass Equily firm''&, Including owner -operated, but will only ro0eive credH far tha fees and comrnissiorls earned by the Buslneuu Equity as oullioed In the lease agfsament. redaratly-funded projects (ONLY), Counting DBE Participation: If materials or supplies are obtained from a DBE manufacturer, count 100 percent of the cost of the materials or supplies towards the goal. If the material9 or supplies are purchased from a ❑BE rariUlar dealer, ecuril G0 percent of Via cost of Iho materials and supplies toward Ilia DBE goal- yiAien materials or supplies are purchased Iron a DBE nolthar a manufacfurar nor a ranular dealer count tits entire amount of fops or commissions eitargod for assistarce in the pruourement of the rtmalorials and supplies or fees or Oansportallon charges for the delivary of toe materials or supplies delivered to tha Job site. In all cases, the PrIma101feror Is responsible to identify the amounts to he used toward the connnilted ❑BF goo], Note, For 1313E Goals, 00% of Iha services count towards the }coal. ERecnvn 0ilg112{)21 Updated 03124r2022 Ft� li 1' (li i H ATTACHMFNT 1A BuslnessquitV Utilization Form "gn'°t" PNSSe note that only certified Business Equity firms Will be counted to meet the Business Equity goal_ PrlmelOfferors are required to Identify ALL subcontractorslsuppliers, fegsrdiass of 9tatLB� I.a., Business Equity firms and nun-Buslness Equity firms. Prime/Offerors must identify by tier level all subcontractorslsuppliers. Tier: means the level of subcontracting below the PrimelOfferor i.e. a direct payment from the PrimelOfferor to a subcontractor Is considered isl tier, a payment by a subcontractor to its supplier is considered 2nd tier. Business Equity firms are to be listed before nun -Business Equity firms. The PrimelOfferor is responsible to provide proof of payment of all tiered sub eontractorslsuppliam Identified as a Business Equity firm and counting those dollars townrds meeting the contract committed goal. carwed Business Equity Pdmalweror Contractors Counting their self perfornlAnoa towards meeting the contract goal, must be certified within those NAILS commodity codes with a certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self -performing services towards the goal, the servicets) to be performed should 4a listed first on the Utilization farm. Check this box ©if certified Prime Contractor services wlll be counting towards the Business Equity contracting goal. Please list services first below. Please list certif€ed Business Equity firm names as listed on their certification, lttcludlne DBA names. NAMES AND ADDRESSES OF CONTRACTORSISUPPLIERS Business Name: Empire Electric Company Address: 2000 N l3each St. Haltom City TX 75111 Phone: Emall: Drobles@empireolectriccomp.c Orin Contact Person: Daniel Robles Buslness Name;TP&R Address: 1472 N Hampton Rd Ste 111 DeSotot Rallas TX Phone: 75115 Email: 244-405-8194 Contact Person: flephiali agitpr-constructlorixom TYPE OF SERVICEWSUPPLIES PROVIDED (NAILS Required) Type of Servir:efSuppllos: Electric NAILS Code: 2382 1 0 $ AMOUNT: 140,000 Type of ServlcelSupplies: Painting ii Code: 238320 $ AMOUNT_ 96,000 specify Tler Certification Agency Gander and Ethnicity: Nanke 18t Tier Certified By: Male 0 Female ❑ Non•alnary ❑ Id NeT QNCTacA ❑ African Amencan ❑� Hispanic ❑TXoOT ❑WBC8 Asian ❑other ❑Caucasian ❑Native American Certified By: ❑OFW MSDC Male 11 Female ❑ Non -Binary p/ NCTRCA ❑African American 0 Hispanle ❑TXDOT ❑WBCS ❑Asian Other. ❑ Caucasian ❑ Native HUB: 1473170393100 American Business Flame: Type of ServicelSuppltes: � Certified By: ❑ Male I❑ Famlale ❑ Non -Binary Electric ❑DFW MSOC Address: ❑NCTRCA ❑African American ❑jiispanlc Phone: NAILS Code: ❑TXDOT []WBCS Asian Email: ❑Other. ❑Caucasian ❑mauve Contact Person: $ AMOUNT: American Effedive 01141)2021 Updated 03/2412022 Fold' WORTH Business Faub Utilization Form Please include multiple -copies of this page if. 1leeded to list all contraetors and suppliers. ATTACIIMENTIA Page 3 of A NAMES AND ADDRCS$S$ OF CONTRACTOR&SUPPLIERS TYPE OF SERVICESISUPPLIES PROVIDED (HAICS Required) Specify Tler Certification Agency Narno 10 Tlar Gander and Ethnicity: Business Name: Type of SeryioeJ$upplles: Cartlned By: ❑ Male ❑Ferrate ❑ Nan -Binary C0 Concrete ❑DIFWMSDC ©ArricanAmerican ❑Hispanic �NCTRCA Phone: NAtCS Cade: []TxooT ❑WBGS ❑Asian Small: ❑Other: ❑Caueaslan ❑Native (contact Person. $ AMOUNT: American Business Name: Type of Servlco/Supplies: Certified Sy: Male QFamala ❑Non -Binary ❑OFW MSOC Address: ]NCTRCA I—IAwcan American L J Hispanic Phorlc: NA1CSCode: 11TXDOT ❑NfFmcs DA6Ian Bmall: 110lhar: ❑Caucaslan ❑Native Contact Person; $ AMOUNT: American Ausinass Name, Type of SorvicalSupplies: Certifled By: ❑Male ❑Female ❑Non•Sinary Address: ❑DFW M$DC '7NCTRCA ❑Airiaan American ❑Hispanic Phone: NAILS Coda: ]TXDOT ❑VIIBCS ❑Aslan Emall: ]father: 1:1Caucasian Native Contact person: $ AMOUNT: oLD99�4 American Business Name: Typo of SeryicelSwppilos; Cortlflod By: ❑Male ❑Female []Nan-alnary ❑DFw MSDG Address: nNCTRCA ❑African American ❑Hlspenle Phone: NAILS Code: F]TXDOT I]MCS LI ❑Asian Small: 1101her: ❑Cauoaslan ❑Nallve Contact Person: S AMOUNT: American EfNellva 0110112021 Updaied 0"4J2022 A17AGHMFtVf 1A Pag6 4 ol4 FORT WOR'Y'H Business Equity Utilization Form Total Dollar Amount of Certified PrimefOfferor Services towards contract goal $ 146,700.00 Total Dollar -Amount of Business Equity (or DBE If applicable) Subcohtractors(Suppliers $ 236,000.00 Total Dollar Amount of Non -Business Equity SubcontractorslSuppliers $ 994,300.00 TOTAI` 1301,LAR AMOUNT OF CERTIFIED PRINII ^a1113C0NTRACTDR5l8UPPI-IFRS $ 382,700.00 The Prime/Offeror will not make additions, deletions, or substitutions to this certified list Without the prior approval of the Business Equity Division through the subm}ttal of a Request for Approval of ChangelAdditlon online. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord With the procedures outlined in the ordinance, The Prune/Offeror shall submit a detailed explanation of how the requested changeladdi tlon or deletion will affect the commltled Business Equity goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the PrimelOfferor further agrees to provide, directly to the City upon request, complete and accurate Information regarding actual work performed by all subcontractors, including non -Business Equity firms. The PrlmelOfferor also agrees to allow an audit andfor examination of any books, records and files held by their company. The Prime/Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual warts performed by the Business Equity firms on this contract, by an authorized officer or employee of the City. A primelOfferer who intentionally andfor knowingly misrepresents material facts shall be Debarred for a period of time of not less than three (3) years. Roy Morales Authorized Signature (printed Signature President Title Contact Name and Title (If different) Morales Construction Services 817-225-6807 Company Name Phone Number 990 North Walnut Greek Dr. Suite 2018 rey@morales-cs.com Address Email Address Mansfield TX, 76063 12-12-24 CityfstatelZlp Code Date Npartmaril of DIversity and Inclusion - Business Equity aivlsiarl Effect,va 0110112021 F-malt ❑VIw 9EcifflcoalanwarthLexas,gov Upd W 0312412022 Ph; e97-392-2674 CONFLICT OF INTEREST AFFIDAVIT Each bidder. Proposer, or respondent (hereinafter also referred to as "you") to a City of Fort Werth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and i.oeal Government Offioer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. hup:/haw►v.ethics,state.tx.us/f'omislC'IO.pdf littgi//www.ethics.state.tx.tis/foi-ilisiC]S.pdf = CIQ Form is an file with City Secretary CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary 0 CIS Norm is being provided to the City Secretary Morales Construction Services, Inc. Company 990 N. Walnut Creek Drive, Suiie 2018 Address Mansfield, TX 76063 City/State/Zip Instruction to Offerars Bob Dolan Training Center Classroom Project(November2D24) By. Rey Morales (please print) Signature: 1 Title: President (Please Print) Page 12 of 33 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing hLISinCSS with local governinental entity FORM CIQ This questionnaire roflects changds made to the law by H.B. 23, 84th Log., Regular Session. QFFICIEHLISIEHONLY This questionnaire Is being Fled in accordance with Chapter 176. local Government Cade, by a vendor who has a business relationship as defined by Section 176,001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be flied with the records adminlstrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be Clad. See Section 176.006(a-1), Local Government Code. Date Received A vendor commits an offense if the vendor knowingly violates Section 176-006, Local Government code- An offense under this section is a misdemeanor. J Name ofvendorwhc has a business relationship with local governmental entity. NIA 2 ❑ Check this box if you are fill ng an update tO 2 previously flied questionnaire. (The law requires thatyou file an updated NIA completed questlonnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or Inacaufate,) E Name of local government officer about whom the Information Is being disclosed. N f A Name of Officer Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer, Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. r:I A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than Investment income, from the vendor? Yes El No B. Is the vendor receiving or likely to receive taxable Income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is rot received from the local governmental entity? Yes Ll No Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership Interest of one percent or more, N/A J ElCheck this box if the vendor has given the local government officer or a family member of the officer one or mare g ifts as described in Section 176,003(a)(2)(B), excluding gifts described in Section 176,003(a-1), NIA J /-� 2/ i 212024 Signature of vendor doing business with the governmental entity Date Ir &iwciie 4 IF.F . . - - - 13Fb�tYelprovidi3dr�jC egC>i> ia��dtrnlde �iovcmhar2024) www,ethlcs.state.N.us Revised 11113012015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176ofthe Local Government Code may be found at http:llwww,statutes,legis.state.tx.us/ Docs/LG1htm/LG.17E.ntm, For easy reference, below are some of the sections cited on this form. Local Government Code S 176.001f1-a1; "Business relationship" means a connection between two or mare parties based on commercial activity of one of the parties, The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goads cr servioes from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. 1.1 LOCAL GOVERNMENT CODE S 178,003(AN2)(A) AND (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor If: (2) the vendor. - (A) has an employment or other business relationship with the local government officer Ora family member of the officer that results In the officer or family member receiving taxable Income, other than investment income, that exceeds $2,600 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been Executed; or (ii) the local governmental entity is considering entering into a contract with the vendor, (B) has given to the local government officer ore familymember ofthe officeroneormore gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that; (i) a contract between the local governmental entity and vendor has been executed, - or (ii) the local governmental entity is considering entering into a contract with the vendor. 1.2 LOCAL GOVERNMENT CODE; 6 176.0061A1 AND fA-11 (a) Avendor shall the a completed conflict of interest questionnaire If the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, ar a family memberof the officer, described by Section 176-003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176,003(a-1); or (3) has a family relationship with a Iecal government officer of that local governmental entity. (c-1) 't he compteEedconflictalinterest questionnaire, mustbe filed with the approprime records adminisuatvr not later ilian the scventh busincsq day after [lie later of; (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity anappiication,response toarequest for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity,or (2) the date the vendor becomes aware; (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a),- (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. JM&J,UQtLQP toi3tf -r G��+6�d nr 4Q golf 13olen -Training Center Classroom ['mject (Nevainlrer 2024) LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT (Instructions for corn pleting and tiling this Form are provided on the next page.) This questionnaire roflacts changes made to the taw by W.B. 23, 84th Log., Regular Session. FORM CIS OFFICE USEONLY This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement Date Received in accord an cow ithChapter176, Loca I Government Code, JName of Local Government Officer J Office Held JName of vendor, described by Sections 176,001(7) and 176.003(a), Local Government Code JDescription of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. JList gifts accepted by tho local government officer and any family member, if aggregate; value of the gifts accepted from vendor named in item 3 exceeds 5100 during the 12-month period described by Section 176.003(a)(2)(B). Date Gift Accepted Date Gift Accepted Date Gift Accepted Description of Gift Description of Gift Description of Gift (attach additional forms as necessary) J AFFIDAVIT i swear under penalty of perjury that Ina above statement Is true and correct. I acknowledge that the disclosure applies to e8ch family member (as defined by Section 1711 Local Government Code) of this local government officer, I also acknowledge [hat this statement covers the 12-month period described by Section 176 0b3(a)(2)(6), Local Government Code. Signature of Local Government Officer AFFIX NOTARY STAMP / Sli A60VE Sworn to and subscribed before me, by the said of .20 , to certify which, witness my hand and seal of office. 51�inawre of officer ac$mini oath Printed name of Officer adminl9taring oath Ir siructinn in Dffemrc Bob I3o1cn T fining Ccntcr Classroom T'roject (April 2025J Farm provided by Texas Ethics Commission www-0thics,s1ate.tx,u8 _ this the day Title of officer adirilnlstering oath Pnnp 15 of -13 Revised 11130/2015 I rXrAI GOVERNIVIE IT OPPIr PD T Section 176.003 of the Local Government Code requires certain local government officers to file this form. A 'local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of vendor_ This form is required to be filed with the records administrator of the local governmental entity not laterthan 5 p.m. on the seventh business day afterthedateon which the officerbecomes aware of the facts that require the filing of this statement. A local government officercommits an offense if the officer knowingly violates Section 176.003, Local Government Code. An offense under this section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. PART 2 - INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the nurnbeMd boxes on the other side_ 1. Name of Local Government Officer. Enter the name of the local government officer Filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement, 3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enterthe name of the vendor described by Section 176.001(7), Local Government Code, if the vendor- a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code; b) has given to the local government officer or a family member of the officer one or mare gifts ea described by Section 176.003(a)(2)(0), Local Government Code; arc) has a family relationship with thel❑cal government officer as defined by Section 176.001(2-a), local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a), Local GovernmentCode. 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gltts accepted during the 12-month period (described by Section 176.003(a)(2)(g), Local Government Code) by the local government officer or family member of the officer from thevendor named in item 3 that In the aggregate exceed $100 Ir value. 6. Affidavit. Signature of local governmentofricer. Local Government Code 5 176.001(2-a): "Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter573, GovemmentCode. PART 3 - LOCAL faOVttQMiV1W4I LAJUh4"11b.UU4IAlf2itAl: (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during tho 12-month period preceding the date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. I t- r2 3 Rob Bolen TrniningCeriter Clii"rtipm hojtat(April 2025) �� alaa9 trams n'.' iaN.l-17fa1 Texas Sales and Use Tax Exemption Certification This cerfificato does riot rmquiro a numbor to be valid. Namit0pirehomIrmofi'0dw — CItY of Fort Worth, Texas Mftas SmorAoufanunborJ 200 Texaa Street Cxy, .Biala, 21P axis Fort Worth, TX 76102 17fwna rA momda endnumbno 817-39MS17 I, ilia purchaser named above, claim an exemption from payment of sales and use last es (for the purchasa of taxable Items described below or on the attached order or Involcb) from: Seller: All Vendors n Street address, —­­ City, State, aln codes, Description of items 10 be purchased or on the attached order or Invoice: All Item. Purchaser ackflowladges that this certificate cannot be used for the purohase, lease, orrantal of a motor "vefiTTe: Purchaser clelms this exemption for the rofiowing meson: Municipality, Governmental Entity. I understand Ihat I will be liable for payment of all state and locai sales or use taxes which may become due for failure to comply with Ill& prcalslona of the Tex Code ondler All applloobte law. I urtdfiralnndilrafitiaa cnininaloffanse togive an exempflen carfl7JCAtO fCrheylrlferlorluzabiekemsJhaf lknow, of ilia Urneorpurctrase, wifiheusedinamanoernJharllrnntlrntexprnssddiRtJliacwHiCrcAJe,Anddepending on tlreemounloffaxevnded, fhaallenaarnrryretlQe from a Class C mfademaenar ta e lslany of the aecnnd degree. Pwchaaer �71116 Data Chief F inanlcal Services Officer November29, 2022 NOTE: This cerdficale cannot be issued for the purchase, lease, or rental (if a motor vehicle. THJ5 CERTIFICATE DOES NOT REQ(J)PEA NUM&ER TO 8E VAl.JC. Soles and Use Tax "Exemption Numbers" of "Tax Exempr' Numbers do not exist. This certificate should be furnished to the supplier. Do=send the completed certificate to the Comptroller at Publlc Accounts. Instruction to Offerors Pago 17 of 33 Hob Bolen Traiimri$ Center Classroom Project (April 2025) 7013 PREVAILING WAGE RATES Commercial Construction Projects AC Mechanic AC Mechanic Helper Acoustical Ceiling lnstaller Acoustical Ceiling Installer Helper Bricklayer/Stone Mason Bricklayer/Stone Mason Trainee Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Cutter/Bawer Concrete Cutter/Saver Helper Concrete Finisher Concrete Finisher Helper Concrete Form Builder Concrete Farm Builder Helper Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Apprentice (Helper) Electronic Technician Floor layer Floor Layer Helper 25.24 13.67 1G.83 12.70 S 19.45 13.31 10.91 17.75 14.32 17.00 11.00 15.77 11.00 _ S 15.27 11.00 $ 15,36 12.54 15.00 11.50 19.63 15.64 20. DO 18.00 10.00 lnslrucli❑n in offnrors Page 18 of 33 Bob Bolen-1railinig Center Classroom Project (April 2025) Glazier Glazier Helper Insulator Insulator Helper Laborer Common Laborer Skilled Gather Metal Building Assembler Metal Building Assembler Helper Metal Installer (Miscellaneous) Metal Installer Helper (Miscellaneous) Metal Stud Framer Metal Stud Framer Helper Painter Painter Helper Pipefitter Pipefltter Helper Plasterer Plasterer Helper Plumber Plumber Helper Reinforcing Steel Setter Reinforcing Steel Setter Helper Roofer Roofer Helper Sheet Metal Worker Sheet Metal Worker Helper 21.03 12.81 16.59 $ 11.21 $ 10.89 14.15 $ 12.99 16.00 12.00 13.00 11.00 $ 16.12 12.54 16.44 $ 9.98 21.22 15.39 16.17 12.85 21.98 15.85 $ 12.87 11.as 16.90 11.15 16.35 13.11 Instruction to Offemrs Page 19 of 33 Sob 13olen Training Center Classroom project (April 2025) Sprinkler System Installer l 19$1.7 l� $.5 Sprinkler System. Installer Helper 14.� Steel Worker Structural 17 00 1 Steel Worker Structural Helper 13$74 Waterproofer 15 ,00 `— Equipment operators j Concrete Pump sD 18 Crane, Clamshell, Backhoe, Derrick, D'Llne Shovel 19.31 _ $ Forklift 16.45 f Foundation Drill Operator 50 22 $ Front End Loader 16.97 Truck Driver � $ r _ 15, 77 $ Welder 19,96 Welder Helper $ 13,aa The prevailing wage rates shown far Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012) Independently compiled by the lane Garman Trubitt, PLLC Construction Group. The descriptions for the classificatlons listed are provided an the TEXO's (The Construction Association) website. www.texoassociation.org/Chapter/wagerates.asp Instruction to Offerors Page 20 of 33 Bob Bolen Training Center Classroom Project (April 2025) CITY OF FORT WORTH WEATHER TABLE Average Days Month of Inches of Rainfall RainfSnowllce Janua 6- 2.51 February 7 2,23 Larch 9 3.49 April 7 2.97 May 10 4.56 June a 3,31 J* - -4 1.83 August 5 1.813 September 5 2.34 October 7 3.65 November 7 2.70 December B 2.34 Annually 81 33.81 (1) Mean number of days precipitation of 0.01" or mare or 112" snowrce (2) Average normal precipitation, in inches This table is based on information reported from Dallas -Fort Worth lntemabonal Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min west, elevation (ground) 551 ft. Average number of days of rain, snow, and ice days are based an records covering 21 years. Precipitation is based on recorded information from 1996 through 2016 period. This table is to be used as a baisis for calculation of excess rain or weather days for projects with duration In calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snowrice days for the contract duration, the contract will be adjusted by Change Order. Fart Worth Weather Table 24 Apri 121717 Instruction to Offerors Page 21 of 33 Bob nolen'I'rainiiig CenterClassrooln Project (April2025) City of Fort Worth, Texas Property Management Department Facilities Management GrouplArchltectural SarvlcGs Division GENERAL CONDITIONS OF THE -CONTRACT FOIZ CONSTRUCTION -_ — LUMP SLIM CONTRACT SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT ❑ CUMENTS: By the term Contract Documents Is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily Ilmlted to, the Contract, Notice to 9idders, Proposal, General Conditions, Special Conditlons, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change In the Work. A-2 ENTIRE AGREEMENT- The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK; By the l®rm Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated In order to produce the construction required by Contract Documents, Aaf EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed In tour originals, with all required attachments, including required bonds and Insurance certificates, by the Contractor and the Owner In such form as may be prescribed by law and returned to the Owner within fen business days of notification to Contractor. Fallure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond_ A,5 FAMILIARITY WITH PROPOSED WORK; Before filing a Proposal, the Contractor shall examine carefully the, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. They shall examine the site of work and satisfy themselves as to the conditions that will be encountered relating to the character, quality and quantity or work to be performed and materials to be furnished. The filing of a bid by the bidder shad be considered evidence that they have complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered In constructlon and as indicated by the plans will not be allowed_ A-G aNE_UMFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together wnd executed as a single unified Contract. The Inlentton of the Contract Documents being to provide for all labor, supervision, materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well -recognized technical or trade meanings are used herein In accordance with such recognized meanings. A-7 bIVISION OF WORK: The arrangement of Drawings andlor Specifications Into Divisions, Sections, Articles, or other Subdivisions shall riot be binding upon the Contractor in dividing the work among Subcontractors or Trades, A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the Instance of the Archllecl or at the request of the CONTRACTOR, or Owner, and will be issued with reasonable promptness and at such times and In accordance with such schedule as may be agreed upon. Such Interpretations shall he consistent with the purposes and Intent of the Plans and Specifications and may be affected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the Interpretation of the Contract ❑ocument$, the evaluation of work or materlets performed or furnished by the Architect, Contractor, or any subcontraclor or materiaiman, or involving any question of fault or liability of any party, the decision of the Owner shall be final and Finding. In tha event of inconsistency in the contract documents, the following sequence for Interpretation shall be used In order far precedence: Change Orders andlor Field Orders (by date of Issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical SpeclficalinM Special Provisions; Supplementary General Conditions; General Condltlons; and, Construction Contract. A-9 CORRELATION AND INTENT,; In genaral, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the speci fcations Indicate the quality and construction procedures required. Work Indicated on the drawings and riot specified of vice -versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as simllar ,parts that are detailed, marked or speeilled. If the drawings are in conflict or conflict with the speciflcattons the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and jab conditions may not allow Installation In the exact location shown. Relocation shall not occur without the Architects approval. General Conditions of the Contract for Construction Lump Sum Contract CFW PMD -- Bob Bolen Training Center Classroom Expansion Page t of 20 April 2025 A-10 COPIES OF REVI IN DRAWINGS AND SPECIFICATIONSi The Contractor will furnish to Cily review Drawings and Specifications In elecfronic format prior to starting work. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specificallons furnished be him. A-11 BUSINESS EQUITY PROVISIONS: All proposers shall note that the Business Equity Ordinance No. 26165-1&-2021 (codified in Chapter 20, Article X of the Fort Worth Code of ordinances, as amended, and any relevant policy or guidance documents, was adopted to ensure the full and equitable participallon of certified Minority — and Women owned business enterprises (MNVBEs), (collectively, "Business 5quity Pirms") in City contracts for the procurement of goods and services where a contract's total dollar value is greater than $100,000. The City of Fort Worth Business Equity Ordinance will lake precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects, A-12 AQll In accordance with the policy ("Polioy") of We Executive Branch of lho Moral government, Contractor oovenants that neither themselves nor any of their officers, members, agents, employees, program participants or subcontractors, while engaged In performing this contract, shall. In conneclion with the employment. advancement or discharge of employees or In connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither themselves nor their officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, In solicitations or advertisements for employees to work an this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants It will fully comply with the Polley and will defend, Indemnify and hold City h8rmfess against any claims or oliega- tlons asserted by thlyd parties or subcontractor against City arising out of Contractor's and/or their subcontraclors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Art of 1990 ("ADA"), Contractor warrants that themselves and any and all of their subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor In the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of [heir subcontractors. Contractor warrants It will fully comply with ADA provisions and any other applicable federal, stale and local laws concerning disability and will defend, indemnify and hold Clty harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or their subcontractors' alleged failure to comply with the above -referenced laws concerning disability dlsorllnlnatlon In the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION; The Architect Is the person or person lawfully licensed to practice architecture identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner during the construction phase as directed by the Owner. 5-2 DUTIES OF THE ARCHITECT As used herein, the term Architect means the Architect or their authorized representative, Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. 5-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Architect will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided In the Contract Documents unless changed In writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-4 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress, The Contractor shall provide facilities for such access so the Architect may perform ihelr assigned functions under the contract Documents. The Architect will make periodic Asils to the Site to famllladze themselves with the progress and quality of the work and to determine If the work is proceeding in accordance with the Contract documents, on the basis of on -silo observations, the Architect will keep the Owner Informed of the progress of the Work and will endeavor to guard the Owner against detects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Architect will make delerminalions and recommendations concerning the amounts owing to the Contractor and will Issue Certificates for payment amounts. B-6 INTERPRETATIONS: -rho Architect will be, In the first Inslance, the interpreter of the requiremanis of the Plans and Speclficallons and the judge of the performance thereunder by the Contractor, 5ulljgCt to the final decision of the Owner - The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-6 AUTHORITY TO STOP WORK: The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, In their reasonable opfnlan, the Architect considers It necessary or advisable in order to Insure the proper realization of the Intent of the Plans and Specifications, the Architect will have authority to require the Contractor to stop General Conditions of the Contract for Construction Lump Sum Contract Page 2 of 26 GFW Il Bob Bolen Training Center Classroom Expansion April 2025 the Work or any portion thereof, or to require special Inspection or testing of the Work whether ar not such Work be then fabricated, Installed or completed. B 7 MISCELLANEOUS Shoo Drawings, Submittals and Samples; The Archltect will review Shop drawings, Submittals and Samples, Change Orders: Change Orders, Owners Contingence Allowance forms, and Field Orders for Minor Changes In the work will be Issued by the Owner through the Architect in accordance with the provisions of Section L. Guarantees: The Architect will receive all wrilten guarantees and related documenrs required of the Contractor. Upon eomplellon of the project the Contractor shall provide the Owner of each guarantee. Insoectiens: The Architect will conduct inspections for the purpose of determining and making their recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspeclion and Issue the Certificate of Substantial Completion, OOogralt n and Maintenance Manuals: The Architect will receive on behalf of the Owner one hard copy and two digital coples of all applicable equipment installation, operation, and mainlenance brochures and manuals required of the Contractor. S-8 TERMINATION or THE ARCHITECT: In case of the termination of the employment of the Architect tsy the Owner, the Owner shall either assume the duties of the Architect through the Director of the Property Management Department. or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 I_DENTIFICAT]-O . By the term Owner Is meant the City of Fort Worth acting herein by their duly authorized representatives in the manner provided by law. Authorized representatives Include the City Manager, Assistant City Manager, and Director of the Properly Management Department and members of the Facilities Management Division, A designated representative will be identified from within the Facilities Management Division to act ae, a point of contact for day-lo-day conlraO administratlon, C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants [hat they have Inspected the premises and familiarized themselves therewith and that the locations of utilities and other obstacles to the prosecution of the Work os shown on the Owner's survey are for information only, are not binding upon the Owner, and the owner shall not incur any liability for toss or damage by virtue of any Inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor In the prosecution of the Work In such manner and to such extent as may be reasonable and shall furnish Information under their control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the Architect, C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it Is In preparatloh and progress. The Contractor shall provide facilities for such access so the Owner may perform their assigned Wnctlons under the Contract Documents, C-6 PROGRESS—IMSKCTLONS: The Owner and Architect will make visits In the Site to familiarize themselves with the progress and quality of the Work and to determine If the work is proceeding in accordance with the Contract Documents. On the basis of on -site observations and reports concerning the progress and quality of the work, the Owner and Architect will approve and authorize the Contractor's applications for payments, C-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in their reasonable opinion, the City considers It necessary or advisable in order to Insure the proper realization of the intent of the Plans and Specifications, the City Will have authority to require the Contractor to stop the work or eny portion thereof, or to require special Inspection or testing of the Work Whether or not such Work be then fabricated, installed or Completed. The Contractor shall be responsible for the cost of Investigations, special inspections and testing for Work that Is found not to comply with the plans and specifications. C-7 SUBSTANTIAL COMPLETION INSPECTION, Upon agreement of the Contractor and Architect that the Work is substantially complete, the Owner will schedule a Substanlial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items Identified during this Inspection as being Incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which Is to be prepared by the Architect and signed by the Contractor, and accepted, approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of throe years after final payment under thla contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract- Contraotor further agrees to include In all their subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any General Conditions or the Contract for ConstruClion Lump Sum Contract Page 3 of 26 CFW PMD — Bob Bolen Training Center Classroom Expansion April 2025 directly pertinent books, documents, papers and records of such subcontractor, Involving transaetlons to the subcontract. The term "subconlrac[" as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code_ C-9 TERMINATION AND SUSPENSION OF WORK. The Owner has the right to terminate the Project for any reason. if the project is terminated, the Contractor shall: Slop work under the Contract on the dale and to the extent speolfled on the notice of termination. Plaoe no further orders or subcontracts except as may be necessary for the completion of the work not terminated. C} Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of terminalion, After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total cenlfact price as reduced by the portion thereof altocable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit their claim for amounts due after termination as provided In this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allewability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Councll of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contracl, SECTION D CONTRACTOR p-f IDENTIFICATION: The Contractor Is the person or organization identified as such in the Contract. The term Contractor means the Contractor or their authorized representative. D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an Independent contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the detalls of the Work and services performed hereunder, and all persons performing some. and Contractor shall be solely responsible for the acts of their officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterpr4e between City and the Contractor, their officers, agents and employees, and the doctrine of respondent superior shall not apply. D-3 SUBLETTING: It Is further agreed that the performance of this Contract, either In whole or In part, shall not be sublet or assigned to anyone else by sold Contractor without the prior written consent of the Director of the Property Management Department of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement. Conditions of the Contract, Drawings. Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, Inconsistency or omission they may discover. The Contractor shall do no work without approved Submittals, Drawings, Speclfcatlons and Interpretations. D-5 SUPERVISION. Thu Contractor shall supervise and direct the Work, using reasonable skill and attention. They shall be solely responsible for all construction means, methods, safely, techniques, sequences and procedures and for coordinating all portfons of the Work under the Contract Documents. 0-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other faclllties and services necessary for the proper execution and completion of the Work. The Contractor will use Its reasonable best efforts to hire or contract with local laborers, workmen and malerlalmon. This general condition Is not to be construed as limiting the right of the Contractor to employ laborers, workmen or malerWmen from outside local area. The Contractor shall at all times enforce atrial discipline and good order among Lhetr employees, and shall not employ on the Work any unflt person or anyone not skilled In the task assigned to them. D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to nav Prevalllna Wane Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2268). including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates In accordance with Chapter 2258. Such prevalling wage rates are Included in these contract documents. Penalty for Viol all on. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City S80 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated In these oontract d%vments, This penalty shall be retained by the City to offset their administrative costs, pursuant to Texas Government Code 2268.023. General Conditions of the Contract for Construction Lump Sum Contract Page a of 26 CFW PMC — Bob Bolen Training Center Classroom Expansion April 2075 Complaints of Violations and Clly Determination of Good Cause. On receipt of information, Including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an Initial determination, before the 3111' day after the date the City receives the Information, as to whether good cause exists to believe that the violation occurred. The City shall notify In writing the contractor or subcontractor and any affected worker of their initial determl iJpon the Clty's determination that there Is good cause to believe the contractor or subcontractor has violated Chapter 2258. the City shall retain the full amounls claimed by the claimant or dalmants as the difference between wages paid and wages due under the prevailing wage rates, such amounts heing subtracted from successive progress payments pending a final determination of the violation. Arbfiratipn Repulrad if Violation Not Resolved_ An Issue retaling to an alleged violation of Section 2258.423, Texas Government Cede, Including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitrallon Act (Article 224 at seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the Issue by agreement before the 15th day after the date the City makes their Initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the dater that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party In the arbitration. The decision and award of the arbitrator Is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the conslrucllon of the Work provided for In this contracts and (to the actual per diem wages paid to each worker, The records shall be opon at all reasonable hours fur Inspection by the City. The provisions of tho Audit section of these contract documents shall pertain to this Inspection. Payy_E Imales. With each partial payment estimate or payroll period, whichever is less, the Contractor shall submit a notarized affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. Posting of Wage Rates, 'The Contractor shall post the prevailing wage rates in a conspicuous place at the silo of the project at all times. Subconlractor Compliance, The Contractor shall Include In their subcontracts andlor shall otherwise require all of their subcontractors to comply with paragraphs (a) through (g) above. On projects where special wage rates apply (e.g, Davis -Bacon) the Contractor agrees to meet all requirements of such programs, D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specitled, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. if required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quallty of materials and equipment. Prior to eacupancy of the Project by the Owner, the Contractor warrantles and obligations to correct defective Work exclude remedy for damage or defect caused by (1) abuse by the Owner's separate contractors, or (li) modifications made by the Owner or the Owner's separate contractors. After occupancy of the Project by the Owner, the Contractor warranties and obligations to correct defective Work exclude remedy fordsmage or defect caused by (1) abuse, (i1) modifications not executed by the Contractor, (ill) Improper or Insufficient maintenance, (iv) improper operation, (v) normal wear and tear, or (vq normal usage. The warranty provided In this Section shall be In addition to and not In limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES: The Contractor is exempt from State Sales Tax on materials consumed by or incorporated Into the work U-19 LICENSES. NOTICES AND FEES: Contractor shall obtain all permits, Licenses. Certificates, and lnspections, whether permanent or temporary, required bylaw or these Contract Documents. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. It Is the responsibility of the contractor to ensure all permits are kept active and do not expire. The contractor will be responsible for any reinstatement fees due to expired permits. The Contractor shalt give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observas or becomes aware that any of the Contract Documents are at variance therewith In any respect, he shall promptly notify the Architect and Owner in writing and any necessary changes will he made. If the Contractor performs any Work knowing that It Is In violation or, or contrary to, any of such Laws, Statutes, Charter, Ordlnances, Orders or Directives, or Regulations without furnishing Notice to the Architect and Owner, the Contractorwill assume full responsibility therefore and bear all costs attributable thereto. D-11 ALLOWANCES: -rho Contractor shall Include In the Contract Sum ell allowances stated in the Contract Documents- These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site. and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included In the Contractor Sum and not In the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owker may direct, but they will not be required to employ persons against whom they make a reasonable objection. If the cost, when determined, Is more than or less than the allowance, the Contract Sum shall he adjusted accordingly by Change Order which will Include additional handling costs an the site, labor, Installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any Increase over the original allowance. General Conditions of the Conlract for Construction Lump Sure Contract CFW PM❑ — Bob Bolen Training Center Classroom Expansion Page 5 cf 26 Apol2025 D-12 SUPERINTENDENT: The Contractor shall amp" a competent superintendent and necessary assistants who shall be In attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed In writing. Other communications will be so confirmed on written request In each case, D-13 RESPONSIBILITIES VOR EMPLOYEES AND SUO•CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all employees and all $ub-oonlracturs, their agents and employees, and all other persons performing any of the Worts under a contract with the Contractor. U-14 FAILURE TO COMMENCE WORK: Should the Contractor fall to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the Intent and terms of said Plans. Specifications and Contract Documents, then the Owner shall have the right to either demand the surely to take over the Work and complete same In accordance with the Contract Documents or to lake charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth In the said plans and specifica- tions made a part hereof, the Contractor andlor their Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost, D-16 PRGGRFSS SCHMI_EE Contractor. Immediately after execution of the contract, shall prepare and submit for the Architect's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of constructlon and shall be revised as required by the conditions of the Work, subject to the Architect's approval- It shall also indicate the dates for submisslon and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment andlor materials. Progress Schedule shall be GANT style and Include: t. Base Line: Planned StarUFinish 2, Progress Schedule: Actual StartlFinish 3. Variance: Aheadfi113ehlnd- 4. % of Completion 5. Total Float and Weather Days 6. Critical, Mlteotones and Commissioning 7. Inspections a. Owner Activities and Owner FurnishedrConlractor Installed Contractor shall update the progress schedule monthly and submit to the Architect for approval with the Contractor's monthly progress payment requests. Conlraclor shall provide a two -week look -ahead schedule detailing actual work taking place during that period at all OAC meetings. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments In good order end marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, clearly marked to record all changes made during construction, shall be delivered to the Architect upon completion of the Work. The Architect will prepare, and provide to the Owner, one complete set of reproducible record draWlnp of the Work, 1341 SHOP DRAWINGS ANp SAMPLES: Shop Drawings are drawings, diagrams, Illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which Illustrate some portion of the Work. These may be provided in an electronic format if acceptable to the Architect. Samples are physical examples furnished by the Contractor to Illustrate materials, equipment or workmanship, and to establish standards by which the Work will be Judged. Three copies of all physical examples shall be provided. The Contractor shall review, approve, and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Wark or in the work of any other contractor, normally within the first 96 days of the work, three copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments- Shop Drawings and Samples shall be properly identified as specified. Or as the Architect may require. At the time of submission, the Contractor shall inform the Architect in writing of any deviation In She Shop Drawings or Samples front the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that they have determined and verified all field measurements, field construction crlleria, materials, catalog numbers and similar data, and that they have checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not Indicate approval of an assembly in which the Item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformancz with the design concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item shall not Indicate approval of an assembly in which the item functions. The Conlractor shalt make Any corrections required by the Architect and shall resubmlf the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention In writing or an resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. General Conditions of the Contract for Construction Lump Sum Contract CFW PMD -- Bob Bolen Training Center Classroom Expansion Page 6 of 213 April 2025 The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has Informed the Afchltecl In writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. Payment for Shop Drawings will not be made until they are approved by the Arcl lest or City„ U-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site wilh any materials or equipment. Until acceptance of the Work by the City, the entlre site of the Work shall be under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against Injury or damage to persons or property by the action of the elements or From any other cause whatsoever. The Contractor shall rebuild, repair, restore and make good at their oWn expenses all Injuries or damages to any portions of the Work occasioned by any or the above, caused before acceptance, D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of their Work that may require making several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of It. D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Worts the contractor shall remove all their waste materials and rubbish from and about the Project as well as all their tools, construction equipment, machinery and surplus materials, and shall clean ell glass surfaces and leave the Work "Broom - clean" or equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom clean", Contractor shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces. Clean fixtures and wash all concrete, the and lerrazzo floors_ If the Contractor falls to clean up, the Owner may do 50, and the cost thereof shall be charged to the Contractor. D•21 COMMUNICATIONS: The Contractor shalt copy the Owner on all communications to the Architect and copy Architect an all communications to Owner. D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS; Contractor shall observe and comply with the requirements or the City of Fort Worth Fiscal Department, Intergovernmental Affalrs and Grants Management 6s outlined to the Supplemental Conditions contained In the Project Manual. SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Wo(k at the site. The term Subcontractor Is referred to throughout the Contract Documents as If singular in number and masouline in gendsr and means a Subcontractor or their authorized representative. Nothing contained In the Contract, Documents shall create any contractual relation batwean the Owner and the Architect and any subcontractor or any of their sub -subcontractors or materialmen. E-2 AWARD OF SUBCORTIRACTS: The Contractor shalt fumish a list of the names of the subcontractors or other persons or organizations (Including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated In the bidding requirements, or If none Is so designated In the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing If either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw their bld without forfelture of bid security. If such bidder submits an acceptable substiluto, the Owner may, at their discretion, accept the bld or he may disqualify the bid. If, after the award, the Owner or Architect objects In writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shah not make any substitution for arty Subcbntractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution Is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS., All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor fond where appropriate between Subcontractors and Sub - subcontractors) which shall contaln provisions that: 1 _ Preserve and protect the rights of the Owner and the Architect Under the Contract with respect to the Work to he performed under the subcontract so that the subcontracting thereof will not prejudice such rights, 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; General Conditions of the Contract for Construction Lump Sum Contract Page 7 of 20 CFW PMD — Bob paten Training Center Classroom Expansion April 2026 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, In reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub -subcontractor where appropriate) in the manner provided In the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance, except such rights, if any, as they may have to proceeds of such Insurance held by the Owner, and, 6. Obligate each subcontractor specifically to consent to the provisions of this Section All of the provisions set out In this section shall be deemed to have been Included In every subcontract, and every subcontract shall he so construed and applied as to the Owner and the Architect, whether or not such provisions are physically Included In the sub- contract. E-4 MINOR TY AND WOMEN -OWNED BUSINESS ENTERPRISES IMIWBEI; Upon request, Contractor must provide the City with complete and accurate information regarding actual work performed by a Mfnarlty or Women -Owned Business Enterprises (MIWBE) on the contract and proof of payment thereof, Contractor further agrees to permit an audit andlor examination of any books, records or files in It's possession that will substantiate the actual work performed by an M/WI3E. The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract andlor initlating action under appropriate federal, state, or l000l laws or ordinances relating to false slalement. Further any such misrepresenfoilcr (other than a negtlgent miampresentation) andlor commission of fraud will result on the Contractor tieing determined to be irresponsible and barred from participating in City work for a period of time of not leas than three years - Contractor shall provide monthly reports on utilization of the subcontractors electronically in the Business Equity Management System (B2GNow System). The Contractor may taunt any Iler subcontractors andlor suppllers toward meeting the goals_ The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MIWBE participation In the joint venture for a clearly deftned portion of the work to be performed. All subcontractors used In meeting the goals must be certified by either the North Central "Texas Regional Cerlification Agency, Dallas/Fort Worth Minority Business Development Council (DFW MSOC), or Women's business Council - Southwest (WBCS) prior to the award of the Contract. Whenever a change order affects the work of an MNvBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order is In excess of 10% of the original contract, the Business Equity Project Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall, Make no unjustified changes or deletions In its MIWBE participation commitments submitted with or subsequent to the bid, and, If substantial subcontracting andlor substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let. and shall be required to comply with modllicallons to goals as determined by the City, and. 3. Submit a RLQUEST FOR APPROVAL ELECTRONICALLY IN THE 82GNow SYSTEM, It the Contractor desires to change or delete any of the MIWBE subcontractors or suppliers. Justification for change may be granted for the following: t. Failure of subcontractor to provide evidence of coverage by Workers' Compensation Insurance 2. Failure of subcontractor to provide required general liability or other tnsurance. 3. Failure of subcontractor to execute a standard subcontract form In the amount of the proposal used by the CONTRACTOR In preparing their MlWBE Participation plan 4. Default by the M/WBE subcontractor or supplier In the performance of the subcontract. Other reasons at the discretion of the Business Equity Project Coordinator Before final payment from the Gity, the Contractor shall provide the Department of Dlversity & Inclusion Office with documentation to reflect final participation of each MM1BF subcontractor and supplier used on the project. Upon verification by the Department of Diversity & Inclusion Office that the Contractor has fulfilled its Business Equity goal commitment with bond fide M/WBEs performing commercially useful functions, a recommendation will be made to the Director, Property Management Department that no reduction In fee should be withhold from the final payment. I,-ti PAYMENTS TO SUBCONTRACTORS, The Contractor -shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar payments to their subcontractors. General Conditions of the Contract for Construction Lump Sum Contract Page B of 26 CFW PMD — Bob Bolen Training Center Classroom Expansion April 2025 If the Owner refuses to Issue a Certificate for Payment for any cause which Is the fault or the Contraclor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been Issued, for their Work to the extent completed, less the rotelned percentags. The Contractor shall pay each Subcontractor a Just share of any insurance monies received by the Contractor, and they shall require each Subcontractor to make similar payments to their Suhconlractom. The Owner may, on request and at their discretion, furnish to any Subcontractor, If practicable, Information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontraclors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRATION (EDA) FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind suboontractdrs to FDA conlracl requirements as contained herein and to 15 CFR 24 or OMB Circular A-110, as appropriate. Pach subcontractor must agree to comply With all applicable Federal, Stale, and local requirements In addition to those set forth in this section - No subcontractor will be employed on this Project, except as specifically approved by the City, who Is contained In the listing of contractors debarred, Ineligible, suspended or Indebted to the United Stales from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be Ineligible far reimbursement wholly of partially from EDA grant fluids. All subcontracts In excess of $10,000 shall Include, or incorporate by reference, the equal opportunity clause of Executive order 11246. All subcontracts must contain a nondiscrlminaWn clause. Each subcontract must contain a requirement for compliance with the Davis -Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile [hem and submit to the Clty. The subcontraclor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347, Each subcontract with every subcontraclor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractors who employ more than 50 employees, and Is a prime or first tier subcontractor, and has a subcontract or purchase order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year. Subeontmolors performing work in areas covered by published goals for minorities will be required to report monthly an Form CC- 257. SECTION F SEPARATE CONTRACTS F-4 OWNER'SRIGHT; The Owner reserves the rlghl to award separate contracts In connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shell be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shalt afford other contractors reasonable opportunity for the Introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coor&nole work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall Inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to Inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to recelve their Work, except as to detects which may develop In the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. It such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such stilt at the Contractor's expense, and If any judgment against the Owner arises therefrom, the Contractor shalt pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred In connection with such suit, F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting, filling or patching of work that may be required to fit it to receive or be received by the work of other contractors shawrr In the Contract Documents, The Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall riot cut or alter the Work of any other contractor except with the written consent of the Architect, General Conditions of the Contract for Construction Lump Sum Contract Page 9 of 26 CFVV PMD — Bob Bolen Training Center Classroom Expansion April 2025 Any casts caused by defective or Ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEANUP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cast thereof to the several contractors as the Director of the Project Management Department shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS; The Contractor and strictly comply with all Federal, State, County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and all, of Its officers and agents against any claim or liability arising from or based on the violation of any such Caws. Statutes, Charter, Ordinances, Regulations, or Direclives, whether by himself, his employees, agents or subcontractors. G-2 GOVERNING LAWS AND VENUE: It Is mutually agreed and understood that this agreement Is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with al} the provisions of the same. Venue for any cause of action arising out of this Contract shall lie exclusively in the state courts of Tarrant County, Texas and contracts consents to such jurisdiction. 0-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fart Worth In connection with this Contract, or In exercising any of the powers granted the Owner herein, Une officers, agents and employees of the City of Fort Worth are engaged In the performance of a govemmenlal function and shall not incur any personal liability by v}rlue of such performance hereunder, except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS: Contractor agrees to comply with all laws. Federal, stale and local. Including all ordinances. rulesand regulations of the City of Fort Worth, Texas. Materials incorporated Into the finished Project are not subject to State Sales Tax, The Architect Is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer tap, Impact & access fees will be paid by the City- Any other permit fees are the responsibility of the Contractor. D-s INDEMNIFICATION: In the event Owner receives a written claim for damages against the Contractor or their subcontractors prior to final payment, final payment shall not be made until Contractor either (aj submits to Owner satisfactory evidence that the claan has been settled andlor a release from the claimant Involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the Insurance carrier. The Wrector may, if deemed appropriate, refuse to continue with a contract with a contractor with whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS, lrxcept as provided in Paragraph E-2, this contract shall he binding upon and Insure to the benefit of the parties hereto, [heir Successors or Assigns, Contraletor shall not assign or sublet all or arty part of this Contract or their rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prlor written consent of Owner shall be void, G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered In person to the individual or member of the firm or to an officer of the corporatlon for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to them who gives the notice. In order for a surely to be acceptable to the Owner, the surety must (1) hold a certificate of authority from the United slates secretary of the treasury to quality as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $140,WO from a reinsurer that is authorized and admitted as a relnsurer In the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon request. The Owner, In Its sole discretion, will determine the adequacy of the proof required herein. No surelles will be accepted by the Owner that are at the time In default or delinquent on any bends or which are Interested in any litigation against the Owner. Should any surely on the contract be determined unsatisfactory at any time by the Owner, notice will be givers to the Contractor to that effect and the Contractor shall Irrunediately provide a new surety satisfactory to the Owner - Until bonds are sent to the city and verified no Notice to Proceed will be issued. G-9 OWNER'S RIGHT TO CARRY OUT THEWfMIf the Contractor defaults or neglects to carry out time Work In accordance with the Contract Documents or falls to perform any provision of the Cantract, the Owner may, without pre]udice to any other remedy they may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be Issued deducting General Conditions of the Contract for Construction Lump Sum ConlraCl page 10 of 26 CFW PMD —Bob Solen Training Center Classroom Expansion April 2026 from the payments then or thereafter due the Contractor the cost or correcting such deficiencies, Including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS-: The Contractor shall pay all royalties and license fees, they shall defend all suits or claims for Infringement of any patent rights and shall save the Owner harmless from loss an account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified-, however. If the Contractor has reason to believe that the design, process or product specified Is an Infringement of a patent, they shall be responsible for such toss unless they promptly give such Information to Owner, G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regutallons or Orders of any public authority having jurisdiction require any Work to be Inspected, tested or approved, the Contractor shall give the Owner timely notice of their readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection, tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner determines that any work requires special Inspection, testing or approval not included above, the Architect, upon written authorization from the Owner, will Instruct the Contractor to order such special Inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special Inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) Win respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall beer all costs thereof, Including the Arohltecl's additional services made necessary by such costs; otherwise the Owner shall pear such costs, and an appropriate Change Order shall be issued. The Gontractor shall secure certificate of inspection, testing or approval, and three coplas will be promptly delivered by them to the ArchlleCl. The Architect will review the certificates and forward one copy of each with thelr reaommendallon(s) to the Owner and one copy will be kept onslle for review by the Owner. Afchltect and AHJ. Contractor shall provide a graphic log documenting ell testing and Inspection locations and dates, If the Owner wishes to observe the Inspections, tests or approvals required by this Section, they will do so promptly and, where practicable, at the source OF supply. Neither the observaiions of the Architect or the Owner In their administration of the Construction Contract, nor inspections, lesis or approvals by persons other than the Contractor shall relieve the Contractor from their obligations to perform the Work in accordance with the Contract Documents. G•12 INTERRURTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility, In some cases, the Contractor may be required to perform the Wark while the existing utility is In service. The existing utility service may he Interrupted only when approved by the Owner. When it is necessary to Interrupt the existing utilities, the Contractor shall notify the owner in writing at feast ten days in advance of the time that they desire the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the eCllufiies at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the Contractor. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner_ G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations Indicated in layout of existing work. Discrepancies between Drawings. 5pecilloetions, and existing conditions shall be referred to the Architect for adjustment before work affected Is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work In satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. The contractor shall video document all undersaib work and provide such documentation to the City prior to slab placement. Prior to commencing work, the Contractor shall carefully compare and check all Architectural, 5lructural, Mechanical an Electrical drawings; each with the other that In any affects the locations or elevation of 1he work to be executed, and should any discrepancy be found, they shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or noglect on their part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASEEMEj Z: Before ordering any material or doing any work, the Contractor shall verify all measuremonls at the site or at the bull ((ng an s�hjall be wholly responsible for the correctness of some_ No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions Indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideratlon and adjustment before proceeding with the protect. G-16 F&STING OVERHEAD OR_URDMIRGROUNa W-0—M. The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required, whether or not shown or specified at the Contractor's sole expense. Attention Is directed to the possible existence or pipe and other underground Improvements that may or may net be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or nut shown on the Drawings. General Conditions of the Contract for Construction Lump Sum Contract Page 11 of 26 CFW PMD — Bob Bolen Training Center Classroom Expansion April 2025 Location of existing underground lines, shown on the Drawings are based an the best available sources, but are to be regarded as approximate only. Exercise extreme cars in locating and Identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: it shall be the responsibility of the Contractor to make certain in the installetion of jointed floor, Wall and ceiling materials that; 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This Includes healing registers, light fixtures, equipment, etc. If because of the non -related slags of the various materials and locations of openings, etc., it Is not passible to aocompllsh the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Gontractar shall establish centerlines for all trades. 0-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other Improvements from damages. Contractor's operations shall be confined to the Immediate vicinity of the new work and shall not In any Interfere with or obstruct the Ingress or egress to and from existing adjacent facilities. Where new site work Is to be connected to existing work. special care shalt be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repalred and restored to original condition at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION. It Is the intent of the contract documents, whether expressly stated ornol, that nothing containing hazardous materials, such as asbestos, shall be incorporated In to the project. The Contractor shall exercise every reasonable precaullon to ensure that asbestos -containing materials are not Incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The Contractorshall verify that components containing lead do not contact the potable water supply. G-18 LOCATION- OF f___QiItPJAF1I AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit Their Installation In the location shown. When this situation occurs, II shall be brought to the Architect's attention Immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any Items without first obtaining the Architect's approval, They shall remove and relocate such Items at their own expense If so directed by the Architect. Where possible: uniform margins shall be maintained between parallel lines and/or adjacent wall, floor or ceiling surfaces. G-20 OVERLOADAN-0: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon, No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS: Where It is required In the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's Instructions, direction or specifications, or words to this effect, it shall be construed to mean Thal said applicatlon or installation shall be In strict accordance with printed Instructions furnished by the manufacturer or the matoriat concerned for use under conditions similar or those at the job site. Six coples of such Instructions shall be furnished to the Architect and their approval thereof obtained before Work is begun. G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of wasle material or rubbish caused by employees or as a result of the Work. At completion of work, the General Contractor shall, Immediately prior to final inspection of complete building, execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of Installed materials- 1. Sweep and buff resilient floors and base, and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. A. gust all ceilings and walls. 5. Dust, and If neressary wash, all plumbing and eleclrbal fixtures. 6. Wash all glass and similar non•reslllent materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched -up If necessary, and ail temporary labels, tags, and paper Coverings removed throughout the buildings. Surfaces that are waxed shall be polished, General Conditions of the Contract for Construction Lump Sum Contract Page 12 of 26 CFW PMD —Bob Bolen Training Center Classroom Expansion April 2025 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to interior of buildings and left In goad order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished, all required repair work Shall be completed and dirt areas shall be scraped and cleared of weed growth. 9 Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cleaning work shalt be borne by Contractor, 10, Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required In the Specifications shall be taken to Indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will hot be permitted. G-23 DUST CONTROL; Precaution shall be exercised at all times to control dust Created as a result of any operations during the construction period. If serious problems or complainis arise due to alr-borne dust, or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FFFFRE—PROTECTIONt The Contractor shall at all times maintain goad housekeeping practices to reduce the risk of fire damage or Injury to workmen. All scrap materials, rubbish and trash shall be removed dally from in and about the building and shall not be permitted to be scattered on adjacent property, Suitable storage space shall be provided outside the Immediate building area for storing iiammable materials and paints; no storage will be permitted in the building_ Excess flammable liquids being used Inside the building shall he kept in closed metal container and removed from the building during unused periods. A fire extinguisher shalt be available at each location where cutting or welding Is being performed. Where electric or gas welding or cutting work is done. Interposed shields of Incombustible material shall be used to protect against fire damage due to sparks and hat metal, When temporary heating devices are used, a watchman shall be present to Cover periods when othor workmen are not an the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241, However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING.* Wherever cutting and removal of portions of the existing work Is Indicated, such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-29 PROJECT CLOSEOUT: Electronic submission of Close Out documenlallon must be submitted 30 days prior to substantlal completion far review and approval of Architect and Owner, Final Insaection. Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment"_ Mal_Otenance Manual: Sheets shall be 8 VV x 11", except pull out sheets may be neatly folded to 8 % "x 11". Manuals shall be hound In plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all suh•contractor3- 2) Complete maintenance Instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative, for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, eleolft-al panels, service entrance equipment and light flAures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other materials_ 5) Provide complete copies of ALL APPROVED product and material submittals. Submit two digital electronlc copies and one hard copy of Maintenance Manuals, prior to request for final payment including any video documentatlon of work recorded over the duration or the project,. Commissioning and Test and Balance Reports (Final) operational Insi lion and Maintenance Insiruclion: The Contractor shall provide at their expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications_ This requirement shall be scheduled Just prior to and during the initial slarl-up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner In the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Archltect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under COntM& General Conditions of the Contract for Construction Lump Sum Contract Page 13 of 26 CFW PMD — Bob Bolen Training Center Classroom Expansion April 2025 The Contractor shall guarantee the entire Project for one year- In addition, where separate guarantees, for curtain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods_ Manufacturer's extended warrantees shall be Included In this contract. Guarantees shall become valid and operative and commence upon Issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or their successal in Interest. The Contractor agrees to warrant their work and materials provided in accordance with thls contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications of the manufacturer's normal extended warrantees, the Contractor shall warrant all work materials. and equipment against defects for a period of one year from ilia date of final acceptance. The Contractor further agrees to bear all costs of making good all work that Is found to be defective or not provided In accordance with the Contract Documents, Additionally If the facility or conlenis are damaged due to defective materials or Workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged Items and components to bring such Items back In at least their original condition. G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for Mal payment, one print of each of the drawings accompanying this specification shall be neatly and clearly marked In red by the Contractor to show variations between the construction actually provided and that indicated or specified In the Contract Documents. The annotaled documents shall be delivered to Architect. Where a choice of materials andlar methods is permitted heroin and where variations In the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items speclfied for that purpose, or by subsequent change to the drawings, the record drowings shall define the construction actually provided. The representation of suet) variations shall conform to standard drafting practice and shall Include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition, the actual location of all sub -surface utility lanes, average depth below the surface and other appurtenances. All diagrammatic designs shall be Indicated with the actual locations on the plans. G-29 CONSTRUCTION -FENCE: The Contractor shall provide a substantial chain -link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the req ulred original or contract condition. 0-30 PRODUCT DELIVERY. STORAGE. HANDLING: The Contractor shall handle, store and protect materials and products, including fabricated components, by methods and means which will proven) damage, deterioration and loss. Including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minlmize unnecessary long-term storage at project site prior to Installation. 0-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipmenl from the Project site and dispose of It In accordance with the law. Equipment or material Identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location In within the City limits as directed by the City, G-32 MAN UFACT_lJRESS REFERENCE: Catalog, brand names, and manufacturer's referenc8s are descriplive, not restrictive, Bids on brands of like nature and quality will be considered. Contractor shall Inform the City of any substitutions intended for the project within 6 business days of bid opening. Failure to inform the City of substitute projects will obilgate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the Contractor will submit a full-sized sample and/or detailed information as required to allow the architect to determine the acceptablllty of proposed substitutions. Where equipment has been listed as "no substitute accepted"; the City will accept no alternates to the specified equipment. SECTION H CONTRACT TIME H-t DEFINITIONS The Contract_Tirne is the period of Ilene allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure to complete punch list Items from the Final Inspection in a timely manner and additional weather days beyond what is allotted In the contract. The Date of Commencement or the Work is the date established in the Notice to Proceed, If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Camoletlon of the Work or designated portion thereof is the Dale certified by the Architect with the approval of the Owner that construction Is sufficiently complete, In accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it Is Intended. Final acceptance of the completed work or any portion thereof ran be made only by the Owner, and no other form of acceptance will be binding upon the Owner. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week. Including Sunday, regardless of whether a "Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of conlracl tune shall be in accordance with Ill Section. Extensions of time will be as recommended by the Architect with final approval by City of Fort Worth, General Conditions of the Contract for Construction Lump Sum Contract Page 14 of 26 CFW PMID — Bob Bolen Training Center Classroom Expansion April 2025 A Workina Day is defined as a calendar day, not Including Saturdays, Sundays, and loyal holidays, in which wesiher or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m, and $:00 p.m, However, nothing In these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires, Should the Contractor choose to work on Saturdays, one day will be charged as contract -working lime when weather or other conditlons permit seven hours of work as delineated above. Legal holidays are defined as being New Year's Day, Martin Luther King Day, Memorial Day, Juneleenth, Independence Day, Labor hay, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. If Juneleenlh, Independence Day, Christmas Day or Now Year's Day falls on a Saturday, the preceding Friday Is a legal holiday. If Juneteenth, Independence Day, Christmas Day or New Year's Day falls on a Sunday, the following Monday will be a legal holiday. H-2 PROGRESS AND COMPLETION: All the time Ili nIts stated In the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the dale of commencement as defined in this Suction. He shall carry the Work forward expeditiously with adequate forces and shall complete ft withln the Contract Time. H-3 CONSTRUCTION WORK., Noise created by construction work within three hundred (300) feet of an occupied residential structure Involving the erection, excavation, demolition, alteration, or repair of any building, structure, or 1latwork is prohibited as follows: Before 7:00 a.m. or after 5:00 p.m. Monday -Friday Before 9,00 a.m. or after 8;01) p.m. Saturday -Sunday H-4 DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor dlaputes, fire, unusual delay In transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect determines may justify the delay, then the contract time may be exterded by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor Is delayed due to abnormal weather conditions, the Fort Worth Weather Table provided In these Contract Documents shall be used as the basis for providing a fair and squftabie adjustment of the contract time - All claims for extension of [line shall be made In writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written Interpretations shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such Interpretation until fifteen days after demand Is made for them, and nut then unless such a claim is reasonable. H-5 WEATHER: The Fort Worth Weather Table Is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the s1to records Indicate that the Conlractor was unable to carry out operations due to weather, it Is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snowlice- pellet days for the contract duration, the contract period will be adjusted by Change Order. H-8 No DAMAGE FOR DELAY: Notwithstanding anything to the contrary contained herein, the Contractor shall never be entitled to any compensation or damages for delay of any nature. In that regard, the Contractor shall receive no compensation for delays or hindrances to the work, as a result of price escalation In the marketplace, labor, material shortages or to increases In the GMP. When such extra compensation Is claimed a written statement thereof shall be presented by the Contractor to the Architect and if found to be correct shall be approved and referred by him to the Council for final approval ar disapproval; and the action thereon by the Council shall be final and binding. If delay Is caused by specific orders given by the Architect or Owner to stop work, or by the performance of extra work, or by the failure of the Owner to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, he suhject to the approval of the Owner and no such extension of lime shall release the Contractor or the surety on Its performance bond from all his obligations here under which shall remain In full force until the discharge of the contract, SECTION I PAYMENTS AND COMPLETION 1-9 CONTRACT SUM: The Contract Sum is staled Ili the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES: Before the first Application for Payment, the Contractor shall submit to the Architect and owner s Schedule of Values of the various portions of the Work broken out by labor and materials, including quantities if required by the Architecl, aggregating the total Contract Stem, divided so as to facilitate payments to Sub -contractors, prepared In such form as specified or as the Architect and the Contractor may agree upon, and supported by such data to substantiate correctness as the Architect may require- Each Item In the Schedule of Values shall Include proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall he used as a basis for the Contractors Applications for Payment. 1-3 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been completed, the Contractor will make current estimates In writing for review by the Architect and Owner of materials In place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. It payments are to be made on account of materials or equipment not Incorporated In the Work but delivered and suitably stored at the site or In a warehouse, such payments shell be conditioned upon submission by the Contractor of bills of sate or such other General Conditlons of the Contract for Construction Lump Sum Contract Page 15 of 26 CFW PMD — Bob Bolen Training Center Classroom Expansion April 2025 procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's Interest including applicable insurance and transportation to the site. Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated Into the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, elalms, security Interests or encumbrances hereinafter referred to as "lions"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Conlraclor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an Interest therein or an encumbrance thereon is retalned by the seller or otherwise imposed by the Contractor or such other person, Contractor shall provide access to the red -lined drawings [of that period for approval by Owner. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to Indicate the progress made to dale and the period or month for which payment is requested for each Item Ilsted In the Schedule of Values_ A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. 1-4 CERTIFICATES FOR PAYMENT: If the Con(raclor has made Application for Payment as above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certipcate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state In writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will Constitute a representation by the Owner, biased on the Architect's observations at the site and the data comprising the Application for Payment, that the Worts has progressed to the point indicated; that the quality of the Work Is In accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of ony subsequent tests required by the Contract ❑ocuments, to minor deviations from the Contract Documents correctable prior to completion, and to any specific quaflfirations stated In the Ceitlflcate); and recommendations to the Owner that the Contractor be paid in the amount certified. In addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. Auer the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after It has been delivered to the Owner. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after approval, and the remaining 10% of each such estimate will be retained by the Owner until Substantial Completion - For contracts In excess of $400,000, the Owner will retain only 5% of each estimate until Substantial Completion. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owoor, shall constitute an acceptance of any Work not In accordance with the Contract Documents, or relieve the Contractor of liability In respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects In the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is speolfied, 1.6 PAYMENTS WITHHELD: Tha Architect may decline to approve an Application for Payment and may wlthhoid the Certificate in whole or In }part If In their opinion they are unable to make the representations to the Owner as provided In this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent Inspections, may nullify the whole or any part of any Certificate for Payment previously Issued to such extent as may be necessary in their opinion to protect the Owner from loss because of: 1) defective work not remedied; 2) Claims filed or reasonable evidence Indicating probable filing of elalms; 3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment; +4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract SUM; 5) Damage to another cont(actor; 6) Reasonable Indication that the Work will not be completed within the Contract Tlme; fir 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them, without payment of Interest. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, If the Contractor falls to perform the Work In accordance with the specifications or Instruction of the Architect, 1-6 LIQUIDATED DAMAGES; The parties agree and acknowledge that actual damages are uncertain and dlfticult to ascertain because the Project relates to construction for a municipality. Normal damages of lost rent or profit are not applicable In this circumstance because the City Is a municipality and the Pro}act will not receive rent and the City will not have lost profits. Therefore, the parties agree that because Clty`s actual damages are too difficult to ascertain that the liquidated damages stated below are reasonable and a correct representation of actual damages to the City. The parties also agree that the liquidated damages called for In this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties. The deduction for liquidated damages shall be as follows; Amount of Contract Liquidated Damages per Day $15,000 or less $45 General Conditions of the Contract for Construction Lump Sum Contract Page 16 of 2e CFW PMD — Bob Bolen Training Center Classroom Expansion April 2026 $15,001 to $25.000 M $26,001 to $50.000 $105 $60,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to $1.000.000 $315 $1,000,001 to $2,000.000 $420 $2,01]luo1 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 Over $10.000.000 $980 1-7 FAILURE OF PAYMENT: Payments by the City to Contractor and Conllar:tor to Subcontractors shall be governed by the Texas Prompt Payment Act, Texas Gov't Code SeCi 2251. 1.8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet Mj prnvleians for Project Closeout_ When the Contractor determines that the WorX is substantially complete, the Contractor will prepare a "Preliminary Punch List" and then the City shall Inspect the project with the Contractor. The Contractor will provide an updated punch list weekly, to be sent to the Owner, The punch list will include the Contractor's initials by each item that Is closed. This process will continue at all subsequent CAC meetings until 100% completion of the punch list Items are confirmed by the A!E and Contractor in writing, along with the project specific Attic Stock List. Final PMD's Construction Inspector's written confirmation Is mandatory. When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, they then will prepare a Certifcate of Substantial Completion (0704) which, when approved by the Owner, shall allow the contractor to request and obtain a Certificate of Occupancy which will establish the Dale of Substantial Completion. The Certificate of Substantial GomplelIon shall slate the responsibilities of the Owner and the Contractor for maintenance, heat, utilities, and Insurance, shall set forth the remaining work as a "final punch list"- The Contractor shall complete the remaining work listed therein within 30 calendar days_ When the Certificate of Occupancy has been Issued, the retalnage may br: reduced to 4%, Upon Completion of the work listed on the Final punch list to the satisfaction of the City of Fort Worth, the relainage may be reduced to 2,5%, Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within the Freed lime, the contract Itme will again commence. Should the Contractor fall to complete the work wllhln the contract duration, liquidated damages Will be essessed Upon receipt of written notice that the Work is ready for final Inspection, the Clty will conduct a joint inspection and certify completion of the final punch list by cosigning It with the Contractor, The Contractor shall submit the following Items to the City prlorto requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims (0706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or their property might In any way be responsible, have baen paid or otherwise satisfied, 2) Consent of Surely to Final Payment (G707), if any, to Anal payment, 3) Contractor's Affidavit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising out of the Contract, to the extent and In such form as may be designated by the owner_ 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fart Wtihh. If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify them against any right, claim or lien which might be asserted by such Subcontractor, materlalman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, Including all casts and reasonable attorney's fees, The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made In writing and still unsettled. The Contractor's one-year warranty will commence upon Substantial Completion of the Project. Trees will be warranted for a period of tWo-years per City ordinance. All landscaping and irrigation shall be cared for and rnaintalned by the contractor for 1 year from the dale of substantial completion. This Includes but not limited to grasslturf, trees, shrubs, and plant beds. Prior to the expiration of the one-year warranty there will be a walk through attended by the Owner, Architect, and Contractor to Identify any Items that need to be addressed. These items will be agreed upon by all parties and the contractor will complete the work within 30 days. The designated representative of the City of For[ Worth will make Anal acceptance and no other form of aoaepfance will be binding upon the Owner. General Conditions of the Cvnlract for Construction Lump SUm Contract Page 17 of 26 CFW PMD — Bob Bolen Training Center Classroom Expsnalon April 2025 I-S FINAL PAYMENT FOR UN -BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and r mill all requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PFRSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for Initiating, maintaining and supervising all safety precautions and programs in connection With the Work. The Contractor shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated In writing by the Contractor to the Architect. J-2 SAFETY—OEIRERSONS AND RROPERTY. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage. Injury or loss to: (1 ) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein, whether in storage an or -off the site, under file Care, custody or control of the Contractor or any of thalr Subcontractors or Sub•contractors; and (3) Other property at the site or adjacent thereto, Including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement In the course of construction, Until acceptance of the Work, it shall be under the charge and care of the Contractor, and they shall take every precaution against Injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execulion of the Work. The Contractor shall rebuild, repair, restore and make good, at his own expense, all Injuries or damages to any portion of the Work occasioned by any of the above, caused before completion and acceplanca, The Contractor shall comply with all applloable taws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of parsons or property or to protect them from damage. injury or foss. They shall erect and mainlafn, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, inckiding posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent ulllitles. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to In the preceding paragraphs caused In whole or In part by the Contractor, any Subcontractor, or anyone directly or Indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, Including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by them or for whose acts they may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site Included in the Contract will be required to wear a hard hat, The Contractor shall enforce the weefing of hard hats by Contractor, employees and visitors. Contractor shall provide hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES: In any emergency affecting the solely of persons or properly, the Contractor shall act at their discretion to prevent threatened damage, Injury or loss. Any additional compensation or extension of time claimed by the Contrmclur oil account of emergency work shall be determined as provided In Changes In the Work. J-5 SAIrE WORK PRACTICES: The Contractor shall employ safe practices In hgndling materials and equipment used In performing required work so as to Insure the safety of their workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulallon of waste materials or rubbish, At the completion of the work, the Contractor shall remove all their wastes and rubbish from and about the work area, as well as their toots, equipment and surplus materials and shall leave (he area as clean and free of spot, stains, etc., as before the work was undertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and Implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires, the Contractor shad include a par -unit cost for trench safety measures in their bid. If not included In the Proposal, the Contractor shall include a cast for trench safety measures for ail trenches over 5 feet in depth in their Schedule of Values, SECTION K -INSURANCE K-1 INSURANCE REQUIRED. The Contractor shall not commence work under this Contract until they have obtained all Insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract untll all similar Insurance of the Subcontractor has been s❑ obtained and approved. The City of Fort Worth will be listed as an "additional Insured" on all policies except Worker's Compensallon. K-2 WORK ER5' COMPENSATION INSURANCE General Conditions or the Contract for Construclion Lump Sum Contract Page 18 of 26 CFW PMD — Bob Bolen Training Center Classroom Expansion April 2025 i) General: a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a notarized certificate showing that It has obtained a policy of workers compensation Insurance covering each of their employees employed on the project In compliance with state law, b) Subcontractor's Worker's Compensation insurance. Contractor agrees to require each and every subcontractor who will perform work an the project to provide to It a certificate from each subcontractor slating that the subcontractor has a policy of workers compensation Insurance covering each employee employed on the project, Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner (City) upon request. c) The Contractor Is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be tiled with the appropriate Insurance carrier or, in the case of a setfdnsured, with the Texas Worker's Compensation Commission's ❑ivlRIon of Self - Insurance Regulation. Providing false or misleading Information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the cont(acl void if the Contractor does not remedy the breach within len days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage ("certificate"). A copy of a certificate of Insurance, a certlfiie of authority to self -Insure Issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, T1NCC-83, or TWCC- 84), showing statutory workers' compensatlon Insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the Project, Includes the time from the beginning of the work on the project until the Contractofalperson's work an the project has been completed and accepted by the City, c) Persons providing services on the project ("subcontractor" In section 406.096)-Includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the projeel, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, Independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services an the project. "Services" include, without limitation, providing, hauling. or delivering equipment or materials, or providing labor, transportation, or other services related to a project, "Services" does not Include activities unrelated to the project, such as foedlbeverage vendors, office supply deliveries, and delivery of portable toilets, 3) Requirements: a) The Contractor shall provide coverage, based on proper reporting of clossifloalion Codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code. Section 401.011(44) for all employees of the Contractor providing services of the project, for the duration of the project. b) The Contractor must provide a eertificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The Contractor shall obtain from each person providing services on a project, and provide to the City' I) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have an rile certificates of coverage shoaling coverage for all persons providing services Gn l6e project; and li) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required cerlificates of coverage for the duration of the project and for one year thereafter. #) The Conlractor shall notify the City In writing by certified mail or personal delivery, within ten (10) days after the Contractor Knew or should have known, of any change that materially affects the provision of ❑overage of any person providing services on the project. g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, Informing all persons providing services on the project that they are required to be Covered, and staling how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage, based on proper reporting on the eiossificafion codes and payroll amounts and filing orany coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401 L011(44) for all of its employees providing services on the project, for the duration of the project, General Condltlons of the Contract for Construction Lump Sum Contract rage 19 of 26 CFW PMp — Bob Bolen Training Center Classroom Expansion April 2025 11) provide to the Contractor, prior to that person beginning work art the project, a gertlflcale, of coverage showing that coverage Is being provided for all employees of the person providing services on the project, for the duration of the project; Ili) provide the Contractor, prior to the end of the coverage period, a new cerlificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Iv) obtain from each other person with whom It contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the projscl; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the Coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by cerlllted mall or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially, affects the provision of coverage of any person providing services on the project; and vim) contractually require each person with wham It contracts, to perform as required by paragraphs h-i) - vil), with the certificates of coverage to be provided to the person for wham they are providing services, 4) Posting of Required Worker's Compensation Coverage. The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting roquirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title In at least 34•point bold type and text in at least 19-point normal type, and shall be In both English and Spanish and any other language common to the worker population. The text far the notices shall be the fallowing text, without any additional words or Changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation Insurance_ This Includes persons providing, hauling, or delivering equipment or materials, or providing tabor or transportation or other service related to the project, regardless of the identity of their employer or status as an ernployoe". Call the Texas Worker's Compensation Commission at Al2-440-3789 to receive information an the legal requirement for Coverage, to verify whether your employer has provided the r+aqulred coverage, or to report an employer's failure to provide coverage." K-3 LIARt41LY 1NSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect them, the City of Fort Worth and any Subcontractor performing work covered by this Contract, from claims of damage which may arise from operations under this Contract. Including blasting, when blaslirig Is done on, or In Connection with the Work of the Project. Whether such operations be by themselves or by any Subcontractor or by anyone directly or Indirectly employed by either of them. Asbestos Abatement Liability Insurance: When the project specifically requires the removal of Asbestos Containing Materials, the Contractor, orsubconiractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows; $1,000,000 per occurrence; $2,000,000 aggregate limit, The coverage shall Include any pollution exposure, Including environmental Impairment liability, assocleted with the services and operations performed under this contract In addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K4 BUILDER'S RISK INSURANCE: Unless stated otherwise In the Proposal or Invitation, the Contractor shall procure, pay for and maintain al ail limes during the term of this Contract, Guilder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic Commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 1GO% of the Contract Sum. The policy Shall include coverage for materials and supplies while In transit and while being stored on or off site. If specifically required In the Instructions to Bidders, the policy shall include coverage for flood and earthquake. plfferent sub -limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship andlcr design performed by the Contractor or their agents shall be covered. Upon completion of the Work, the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting Iha City or Fort Worth as a "Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's Insurance coverages specified for the projecl(s). General Conditions of the Contract for Construction Lump Sum Contract CFW PMD — Bob Solon Training Center Classroom Expansion Page 20 of 26 April 2026 SECTION L CHANCES IN THE WORK L,1 CHANGE ORrSER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additlons, deletions or other revisions, the Contract Burn and the Contract Tlme being adjusted accordingly, All Suoh Changes In the Work shall be authorized by Change Order, and shall be exavuled under the applicable conditions of the Contract Documents. A Change Order Is a written order to the Contractor signed by the Contractor, Owner and the Architect, Issued after the execution of the Corimcl, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Orden Any changes In work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, shall be coordinated with the Di(ector, Property Management Department. A change order must be written and duty negotiated and executed prior to performing changed work, The cost or credit to the Owner resulting from a Change In the work shall be determined in ono or more of the following ways-, 1) by mutual acceptance of a lump sum property Itemized, Including the allowance to Contractor for overhead and profit stipulated in the original contract proposed; 2) by unit prices slated In the Contract Documents or subsequenlly agreed upon; or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above Is agreed upon, the Contractor, provided they receive a Change Order, shall promptly proceed with the Work involved. The cost of such work shall then be determined an the basis of the Contractor's reasnnabia expenditures and savings, including a reasonable allowance for overhead and profit as indicted In the original contract proposal. In aucn cases, the Contractor shall keep and present, In such farm as the Architect shall prescrlbe, an Itemized accounting together wlrh appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed change In scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect In writing. The Architect shall review the price quotation and If approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If approval Is not recommended, the Architect will allempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward It on to the Owner for approval, If the negotiations do not result In an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-ta-exceed figure For approval by the City and require specific documentation to he provided by Contractor In accordance with the paragraph above. If after the contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed change In scope of the Work. Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect In writing. Contractor Is advised that when the cumulative effect of Change Orders results In an increase in contract valuation by over $100,000, the City Council must approve all such Change Orders that will exceed this limit, once the recommended change order has been approved by Council the normal processing time is approximately thirty (30) days. Owner, Architect and Contractor shall endeavor to Identify Change Order items as early In the Construction process as possible to minimize their Impact an the construction schedule. If the Contractor claims that additional cost or time Is involved because of (1) any written Interpretation issued pursuant to Section A. (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any Written order for a minor change in the Work, the Contractor shall make such claim, L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Gontract❑r wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, they shall give Me Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except In an emergency endangering life or property In which case the Contractor shall proceed in accordance with sectlon J, No such claim shall be valid unless so made. Any change In the Contract Sum or Contract Time resulting from such cialm, If approved by the Owner, shall be authorized by Change Order. Any claims submitted for additional cost or time shall be accompanied by a recovery schedule. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any changs in the work or extra work be ordered, the following applicable percentage shall be added to Material and Labor costs to cover overhead and proft: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent 15% . 2. Allowarce to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent LM. L•4 MINOR CHANGES IN THE WORK: The Architect shall have authoritylo order minor changes in lho Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the Intent of the Contract Documents. Such changes may be effected by Field larder or by other written order. Such changes shall be confirmod in writing by tho Architoo'l and shall be binding on the Owner and the Cantraolor. General Conditions of the Contract for Constructlon Lump Sum Contract Page 21 of 26 CFW PMD — Bob Bolen Training Center Classroom Expansion April 2025 L-5 FIELD ORDERS: The Architect may Issue wrlllen Field Ordefs which interpret the Contract Documents, or which order minor changes in the Work without change In Contract Sum or Contract Time. The Contractor shall carry out such Field orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should bs covered eontfary to the request of the Owner, it must be uncovered for observation and replaced, at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect or the Owner may request to see such work and II shall be uncovered by the Contractor. If such Work be found In accordance with the Plans and Specifications, the cost of uncovering and replacement shall, qy appropriate Change Order, be charged to the Owner. If such work be found not In accordance with the Plans and Spocifications, the Contractor shall pay such costs unless it Is found IbM this condition Was caused by a separate contractor employed by the Owner. M-2 GOP-REO 1O f-OF__WD-RK: The Contractor shall promptly ccrrecl all work rejec:led by the Architect or Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated. Installed or completed. The Contractor shall bear all costs of correcting such rejected Work, Including the cost of the Architect's additional service thereby made necessary. If, within one year after the Date of Substantial Completion or within such longer period of flme as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct It promptly after receipt of a wrltton notice from the Owner to do so, unless the owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally_ The Owner shall give such notice promptly after discovery of the condition. All such defective or non -conforming work under the preceding paragraphs shall be removed from the site Where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. Defective or non -conforming work shall be completed In a timely manner. The Contractor shalt respond andlor repair any work thal Is deemed an emergency by the City within 24 hours_ The Contractor shall respond andlor repair any other defective or non -conforming work within three working days. The Contractor shall beer the cost of making good all work of separate contractors destroyed or damaged by such removal or correction It the Contractor does not remove such defective or non -conforming work within a reasonable time fixed by wriLlen notice from the Owner, the Owner may remove It and may store the materials or equipment at the expense of the Contractor If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' wrillan notice sell such work at auction er at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have beery borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Conlractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner, If the Contractor fails to correct such defective or non-c❑ntorming work, the owner may correct it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not In limitation of any obligations imposed upon them by special guarantees required by the Contract Documents or otherwise prescribed by taw. M-3 ACCFPTANCCF- OF_DEFECTIVE -O_R_N_N-CON FORMING- WORK; If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, In which case an extended warranty or Change Order will be Issued to reflect an appropriate reduction in the Anal payment to the Contractor or if the amount ks determined after final payment, the Contractor shall pay Owner the amount of the appropriate reduction. SECTION N TERMINATION OF THE. CONTRACT N-1 ZE_RMINATION_BY THE CONTRACTOR: If the work is slopped for a period of 30 days under an order or any court or other public authority having jurisdiction, through no act or fault afthe Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work tinder a contract with the Contractor, or If the work should be stopped for a period of 30 days ay the Contractor for the Ownef's failure to make payment thereon as provided In Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days' wrlllen notice to the Owner , terminate the Contracl, N-2 TERMINATION BY THE OWNER: if the Contractor is adjudged as bankrupt, or If they make a general assignment for the henefit of their creditors, ar If a receiver Is appointed an account of their Insolvency, or If the Contractor refuses, except In cases for which extension of time Is provided, to supply enough properly skilled workmen or proper materials, or If they fall to make prompt payment to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise Is guilty of a substantial vlolation of a provision of the Contract Documents, then the Owner, on their own Initiative that surAoient cause exists 10 justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and their surety, if any, seven (7) days' writlan notice, terminate the employment of the Contractor and lake possession of the site and of ail materiats, equipment, tools, Construction equipment and machinery thereon General Conditions of the Contract far Construction Lump Sum Contract Page 22 of 26 CFW PMD—Bob Bolan Training Center Classroom Expansion April 2025 owned by the Contractor and may finish the work by whatever method they may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, Including compensation for the Architect's additional services exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, In part, whenever such terminatinn is In the best Interest of the City, Termination will be affected by dellvering to the Contractor a notice of termination specifying to what extent performance of the work of the contract Is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Slop work under the Contract on the date and to the extent specified on the notice of termination. b) Mace no further orders or subcontracts except as may be necessary for the completion of the work not terminated_ c) Terminalt9 all orders and subcontracts to the extent that they relale to the performance of the work terminated by the notice of termination, After lerminallon as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on lerminallon shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, ir, any otherwise made. Contractor shall submit a claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or aliowabillly of all or any poriian of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the Cily of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be flnel and binding upon all parties to this contract, SECTION O SIGNS The Contractor shall construal and Install the projecl designallon sign as fequired in [lie Contract Documents and in strict accordance with the Speciflcations for "Prof ect Designation Signs." This sign shall be a part of this Contract and shall be Included In the Contractor's Base Bid for the Project. The Contractor may Install their company sign and shall allow the Archltect to Install their company sign. No other signs will be allowed, SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilitles and perform temporary work required In the performance of this Contract, fnciudlrg those shown and specified_ P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. Ill MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facllities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P•4 FIELD OFFICES AND SHED: The Contractor Is not required to provide a temporary field office or telephone for projects under $1.000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City, 'rhe Contractor shall provide a temporary field office building for themselves, their subcontractors and use by the Architect and Owner. For conslructlon contM08 with a bid price In excess of $1,000.000,0or the Contractor shall provide a separate field office for the City's field representative (but the separate office may be In the same structure). The buildings shall afford protection against the weather. andeach office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full lime during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70-degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air condllloning device to malntaln temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one desk, four chairs, plan rack and a four -drawer filing cabinet (with lock). Each offico shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds and other temporary buildings or tra➢ers on the project site as required for their use- Location of sheds and trailers shall be as approved by the Owner Remove sheds when work is completed, or as dlrecled, P-5 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection (VVIFI) for the City and Architect. P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet loci iitlesfor the use oral workmen and subcontractors employed on the proJecl. General Conditions of the Contract for Construction Lump Sum Contract CFW PMD —Bob Bolen Training Center Classroom Expansion Page 23 of 26 April 2025 P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary Water and electricity required during the construction, Contractor shall provide and Install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility Ilnes shall be removed and repairs made to the existing lines. Only Mill les at existing voltages, pressures, frequencies, etc. will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a paint convenient to the project or as shown on the Drawings, Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps, lanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary. electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric cutlets so that 50-foot long extemdon cords will reach all work requiring light or power, Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day -lighting is inadequate. Provide at least 4.75 watts of Incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100•watl lamps- In any event, the lighting Intensity shall not be less than 5-foot candles in the vicinity of work and traffic areas. P-8 COND ONED SPACE: The Contractor shall provide HVAC services as required to protect all work and materials and to keep the humidity down to the extent required to prevent cormsion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the Contractorshall provide HVAC prior and during the following work operations as follows: a) At all times during The placing, setting and curing of concrete provide sufficient heat to insure the heating of the: spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature In the spaces involved of not less than 60 F and above 95 F. c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 50 F and above 85 F. P-8 TEMPORARY CONSTRUCTIM EQUIPMENT AND PROTECTION: The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds. with Iheir sub -contractors, The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if auihorized by the Owner, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen. City employees, equipment, the public and property, All temporary construction and equipment shall conform to all regulatlons, ordinances, laws and other requirements of the authorities having Jurisdiction, Including insurance companies, with regards to safety precautions, opefellon and fire hazard The Contractor shall provide and maintain pumping facilities, Including power, forkeeping the site, all times, whether from underground seepage, rainfall, drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. if this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from oulslde elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish, Install and maintain during the life of the project a weather - tight bullelin hoard approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. `Thu bulletin board shall be mounted where and as approved by the Owner, to a prominent place accessible to employees of the Contractor and sub -contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shall be removed by them upon completion of the Contract work. The following information which will be rurnlshed by the City to the Contractor shall be posted on the bulletin beard and shall be maintained by the Contractor In easily readable condition at all limes for the duration of the Contract. A. The Equal Opportunity Paster and Notice Nondiscrimination of Employment (Standard Form 38). E, Wage Bale Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davls-Bacon Act. General Candlllons of the Contracl for Construction Lump Sum Contract Page 24 of 28 CFVV PMD — Bob Bolen Training Center Classroom Expansion April 2025 C. Safely Posters, END OF GENERAL CONDITIONS FORTWORTH@ General Conditlona of the Contract f Page 25 of 26 CFW PMO — Bob Bolen Tralning CeMPI �PPaal41/1"ApQtt� April 2025 -------------------- 2024 SUBJECT: Notice to Proceed Notice to Proceed date; ---------------, 2024 Project Duration: 000 Days Substantial Completion Date; ----------------, 2024 City Council Contract Date: ---------------- 2024 Dear Sir or Madam, ------------ -- located at ------------------- was awarded to --- -------------- --------------- VP of Construction, in the amou nt of (Contract Amount, on (pate). This letter shall serve to substantiate a Notice to Proceed with the below scope of work for the Project. You are hereby directed to proceed on the following work, in accordance with provisions of City Secretary Contract Number CSC# ---------------- AII work h to be done In accordance with plans, spgclfltatiGm and Gondltlons provided in the contract. Please acknowledge receipt of this Notice by signing the space below and returning a copy to the Property Management Office. Please contact Jackson Jones, Construction Superintendent at (817� 269.6578 if there are any questions and prior to commencing work. Sincerely, Dana Burghd❑ff, A1CP Assistant City Manager Acceptance of Notice Receipt of the above Notice to Proceed Is hereby acknowledged this day ----------------, 2024. BY: TITLE: CC: City Project Manager Ntklta Watts Brian Mass City Construction Super City Sr. Construction PROPERTY MANAGEMENT DEPARTMENT Its #MATTES a1`IS]ON /ARCIII'l I -A 11RAL SERVICES TI Ir CITY OF FORT W011 H • 100 Port Worlh Frail + PORT WORTH, TEXAS 76102 (817) 392-2586 • FAX (9k7)392.8488 General Conditions of the Contract for Construction Lump Sum Contract Page 26 of 26 CFW PM❑ — Bob Bolen Training Center Classroom Expansion April 2025 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT (LUMP SUM), THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS' COUNTY OF TARRANT This Agreement is made effective as of the date signed by the Assistant City Manager below between the CITY OF FORT WORTH, a Texas municipal corporation, hereinafter called OWNER, and Morales Construction Services, Inc. authorized to conduct business in the State of Texas, hereinafter called CONTRACTOR, WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows. - City of Fort Worth Bob Bolen Training Center Classroom Expansion 505 W. Felix St Fort Worth, Texas 76115 PMD 2024-08 City Project # 105455 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools. appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents . Contract Documents: This Contract, General Conditions, Instructions, Project Proposal Form and Flans and Specifications, which may be added to by the Architect at a later date, which are attached hereto and incorporated herein, are made a part of this Contract for all purposes. In the event of any conflict between the terms and conditions of General Conditions, Instructions, Project Proposal Form and Plans and Specifications and the terms and conditions set forth in the body of this Contract, the terms and conditions of this Contract shall control. Time for Completion and Licuidated Damaqes: The Contractor hereby agrees and binds itself to commence the construction of said work within 155 calendar days after being notified in writing to do so by the Owner. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi- tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages in the amount of $420.00 per day as outlined in the General Conditions, not as a penalty but as an agreed upon damages calculation by two sophisticated parties., the Contractor and their Surety shall be liable to the Owner for such deficiency. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price indicated below. Payment will be made as per the Texas Prompt Payment Act and based upon actual work completed by contractor and accepted by the Owner as described in invoicing from the Contractor. The contract amount shall be One Million Five Hundred -Seventy-Seven and Twentv Five Dollars ($1,577,025.00) consisting of the Base Proposal ($1,467,000.00), Owner's Contingency Allowance ($110,025.00), and Alternate Nos, (None) ($0.00). Insurance and Bondina Reaulrements; The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents and the Owner has approved such insurance. The Contractor shall be responsible for collecting and delivering to the Owner upon request, the sub -contractors' certificates of insurance. The Contractor shah indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. Contractor and any subcontractors may not commence any work without first providing insurance as required. lnstruclion to Offerors OFFICIAL RECORD page 23 of 32 Bob Bolen Ttainlrlg Center Classroom Expenslon (April 2025) CITY SECRETARY FT. WORTH, TX If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond In the full amount of the contract, If the contract is in excess of $100,000 Contractor shall also provide a Performance Bond for the full amount of the contract. INDEMNIFICATION: CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY CITY'S ENGINEER AND ARCHITECT, AND THEIR PERSONNEL AT THE PROJECT SITE FOR CONTRACTOR'S SOLE NEGLIGENCE. IN ADDITION, CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND, AT THEIR OWN EXPENSE, THE OWNER, ITS OFFICERS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS, PROPERTY DAMAGE, PERSONAL INJURY, INCLUDING DEATH, ARISING OUT OF, OR ALLEGED TO ARISE OUT OF, THE WORK AND SERVICES TO BE PERFORMED HEREUNDER BY CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES, WHETHER OR_NOT ANYSUC_H INJURY, DAMAGE OR DEATH IS CAUSED -IN WHOLE OR IN PART. BY THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF OWNER, ITS OFFICERS, SERVANTS, OR EMPLOYEES. CONTRACTOR LIKEWISE COVENANTS AND AGREES TO INDEMNIFY AND HOLD HARMLESS THE OWNER FROM AND AGAINST ANY AND ALL INJURIES TO OWNER'S OFFICERS, SERVANTS AND EMPLOYEES AND ANY DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF THE OWNER ARISING FROM THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT, WHETHER OR NOT ANY SUCH INJURY OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OFF ALLEGED NEGLIGENCE OF OWNER. THEIR OFFICERS, SERVANTS OR EMPLOYEES. Construction shall not start without a "Notice to Proceed". The Notice to Proceed shall not be issued without bonds and insurance in place. Immigration Nationality Act: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 farms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision, City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Hovcot_t of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, 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 Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Prohibition on Bovcottinq Enerqv Companies. Vendor 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. OFFICIAL RECORD Instruction to Offerors CITY SECRETARY Rage 24 of 32 Bob Bolen Training Center Classroom Expansion (April 2025) FT. WORTH, TX Prohibition on discrimination Against Firearm and Ammunition Industries. Vendor 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) doos 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, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (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. Governira 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. Non-aoorooriation 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. 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. 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. No Third -Party Beneficiaries: This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 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. This Agreement is made effective as of the date signed by the Assistant City Manager beiow, FORT WORTH: City of Fort Worth ✓iv, W44_yt By: Valerie Washington (May 16, 2025 10:36 CDT) Name: Valerie Washington Title: Assistant City Manager Date: Approval Recommended: g ( U Y Name: Marilyn Marvin Title: Director Property Management Attest: 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. By: Nik?l�y 13, 2025 11:42 CDT) - - - Name: Nikita N. Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: Instruction to Offerors Bob 13olen Training Center Ctassroom Expansion (April 2025) Page 25 of 32 o�Fonr nn F,<,<o 0 9raa _wo By: Name: Jannette S. Goodall Title: City Secretary CONTRACTOR: Morales Construction Services, Inc. By. Reyna-�2520:49 CDT) Printed Name: Title: ------------------------------------- Date: Apr22,2025 4Z&e" - By; Douglas Black (May 14, 2025 15:49 CDT) Name: Douglas Black Title: Senior Assistant City Attorney Contract Authorization: M&C: 25-0311 Date: April 8, 2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Instruction to offerors Bob Balm Tralning Center Classroom Fzxpenslon (April 2025) Page 26 of 32 Bond # 101165071 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Morales Construction Services, Inc., known as "Principal" herein, and Merchants National Bonding, Inc, corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are field 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 One Million Five Hundred Sevent}-_Seven and Twentv Five Dollars ($1,577,025"001, 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, out- 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 Sth day of Anril _ 2025. which Contract is hereby referred to and inade 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 Bob Bolen Training Center Classroom Ex ansion located at 505 W.,Felix, Fort 'Worth, Texas (PMD2024- 08 Proiect No. 1.05455i. NOW, THEREFORE, THE CONDITION OF THIS OBIAGATION 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 Government 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 frill force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. Instruction to Offerors Faye 27 of 32 Bob Bolen Training Center Claswaom Expansion (April 2025) IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instainiont by duly authorized agents and officers on this the ?5tay of April 3t?X 2025 ATTEST: G' '---- _k�� C - (PrincipaC) Secretary � f Witness as to Principal ATTEST: NIA (Surety) Secretary WillIC S its tee Surety Connie Williamson PRINCIPAL: Morales Construction Services, Inc. BY: Signature Name and Title Address: 2500 Broad Street, Suite 200 Mansfield, TX 76063 SURETY: Merchants National Bonding, Inc. BY: Si na tine Emily Allison Ivlikeska Attorney - In -Fact Name and Title Address: 1023 Canyon Creek Drive, Sure I10 Temple, TX 76502 "Telephone Number: _ 254-899-8681 *Note: If signed by an off-icar of the Surety, there must be on rile a certified extract front the bylaws showing that this person has authority to sign such obligation. It Surety's physical address is different from its mailing address, both must he. provided. The` date of the bond shall not be prior to the date the Contract is awat'ded. instruction to offerors Page 28 of 32 Bob Ba4an Training Center Ciassramn Expansion (April 2025) MERCI- ANTk BONDING COMPANY,. POWER OF ATTORNEY Know Ail Persons By Those Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlbla Merchants National Indemnity Company (in California only) (herein collectively called the 'Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Ana Owens; Andrea Rose Crawford; Andrew Gareth Addison; Bryan Kelly Moore; Colin E Conly; Cory Klper; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; Faith Ann Hilty; John R Ward; Kimberly Rochelle Gonzaloz; Michael Wiggins; Monica Ruby Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawfui Attorney(s)-in-Fact, to sign its name as surety(ies) and to oxecute, seat and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies In their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by taw. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -taws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seas of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification [hereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of January 2025 +1 WN �.+ . +• • • . MERCHANTS BONDING COMPANY (MUTUAL) `�.r�AT+40 A�+•«« p�•,NG� �° MERCHANTS NATIONAL BONDING, INC. Q �!° t%P 0,rj''Oq� d/b!a MERCHANTS TIONAL INDEMNITY COMPANY ro 2003 moo1933 r �; By� �i K President STATE OF IOWA ++'+� �7 ,}.•° ° • • ° ° �r ° COUNTY OF DALLAS ss. Or this 13th day of January 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companles; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. _• Avl'ia�s Penni Miller w e Commission Number 787952 • + My Commission Expires -�,-- rown January 20, 2027 - � Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Comparies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 25th day of April , 2025 , ' Cad l L• : j/f : c ° Secretary ;e]'• 2003 i �; 1933 �` ,jaw: IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Nations Bonding Company's toil -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail. ConsumerProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NBC 0105 (7/07) Bond # 101165071 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENT'S: COUNTY OF TARRANT That we, Morales Construction Set -vices, Inc.., known as "Principal" herein and Merchants National Bonding, Inc. a corporate surety (sureties, if more than one) duly authorized to do business in the State of `. exas, known as "Surety" herein (whether one or more), are held and ti€'mly 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 or One Million Five Hundred Seventy -Seven and Twenty Five Dollars I$1,677,025.00), lawful money of`the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which suin well and truly to be made, we bind ourselves, our• heirs, executors, administrators, successors and assigns,_jointly and severally, firmly by these presents. WHEJtEA,S, the Principal has entered into a certain written contract with the City awarded the 8th day of April , 2025, 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 Boh Bolen Training Center Classroom Expansion located at 505 W. Felix, Fort Worth, Texas (PMD2024-08 Proiect No. 105455). 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 r•cferr•ed 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 retrain in full force find effect. PRO'VEDE+1D FURTHER, that ifariy legal action be ]Filed oil this Bond, venue shall lie in `]'arrant County, Texas or lire United States District Court for the Northern District of Texas, Fort Worth Division. This bond Is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities ou this bond shall be determined in accordance with the provisions of said statue. Instruction to Offerors Page 29 of 32 Bob Bolen Trairning Canter Classroom Expansion (April 2025) IN WITNESS WHEREOF, the Principal and the Sin•ety have SIGNED and SEALED this instrument by daily authorized agents and officers on this t��th April day of , M4.2025 ATTEST: (Prirrcipal} Secretary Witness as to Principal Witness as to Surety Connie Williamson PRMIPAE,: Morales Construction Services, Inc. BY: 5ignatnrt Naine and Title Address 500— U'r—O i.' suite — Ho —Mansfield,. TX._7-b063 SURETY: Merchants National Bonding, Inc. BY: 1"y Sign�rture Emily Allison Mikeska, Attorney -It -Fact Mille and 'rifle 1023 Canyon Creek Drive, Suite 110 Address&rnple� TX-76502 — Telephone Ntinibm-: 254-899-9691 "Note: if signed by all Officer Of the Surety Company, there must be nll life a certified extract From the by-laws showing that this person has authority to sign such obligation. II'Snrety's physical address is different fi•oin its mailing address, both mtist be provided. The date of the bond shall not he Prior to the date the Contract is awarded. Instruction to Offerors Page 30 of 32 Bab Bolen Training Center Classroom Expansion (April 2025) MERCHA T'S"%k BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Allyson W Dean; Are Owens; Andrea Rose Crawford; Andrew Gareth Addison; Bryan Kelly Moore; Colin E Conly; Cory Kiper; Debra Lee Moon; Elizabeth Ortiz; Emily Allison Mikeska; faith Ann Hilty; John R Ward; Kimberly Rochelle Gonzalez; Michael Wiggins; Monica Ruby Veazey; Patrick Thomas Coyle; Sandra Lee Roney; Thomas Douglas Moore; Troy Russell Key their true and lawful Attorneys) -in -Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory In the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it Is agreed that the power and aut horny hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relleve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of January 2025 .....".r.e. • ... • ° •, °+�{ MERCHANTS BONDING COMPANY (MUTUAL) .•'` p�N,.dpl +'•, •• ��\{,G .0/�A en MERCHANTS NATIONAL BONDING, INC. jay GaaQoRq Z + � •�Q, 4+?IP 0,9 .9,, dibla MERCHANTS NATIONAL INDEMNITY COMPANY v' 2003 1.� • : S ` 1933 c; By ++3G.''••..... ••;��,a° °e'.}ti/i.'••A.'•'`1�•° President STATE OF IOWA +'+. �`l a•` • `f .'• COUNTY OF DALLAS ss. '•r"'r'"•a• ° ° • s ° ° On this 13th day of January 2025 before me appeared Lary Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. 401-9JA4 Penni MillerCommission Number 787952o My Commission Expires ` 1oWA January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companius,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 25th day of April , 2025 , •`"'%0ly 4"'• ' • •' ` c Co*,,. sPORq.�� ; •• O,•4RPOq.o�• -0- 2003 �.�. 1933 �.C' Secretary SJ, :0.{. . may: POA 0018 (6/24) •`'°aa•r"•s''1• •` ° ° a ° `• IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Nations Bonding Company's toll -free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumefProtection@tdi.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. NBC 0105 (7/07) From: Lisa Lawson To: McDonald. Vicki Subject: RE: BOND VERIFICATION - # 101165071 Date: Tuesday, May 6, 2025 2:38:26 PM Attachments: Performance Bond.Ddf Pavment Bond.Ddf This message is from an external organization. This message came from outside your organization. Report Suspicious Good Afternoon, Yes, this is a valid bond. Thank you! Lisa Lawson I Sr. Contract Underwriting Account Specialist Merchants Bonding CompanyTM street 6700 Westown Parkway, West Des Moines, IA 50266-7754 mailing P.O. Box 14498, Des Moines, IA 50306-3498 direct (515) 558.8765 toll free (800) 678.8171 web www.merchantsbondine.com MERCHANTHAl BONDING COMPANY COMA40N SFNSF SURETY SIMICF 1933-.v From: Merchants Bonding Info <Info@merchantsbonding.onmicrosoft.com> Sent: Tuesday, May 6, 2025 1:31 PM To: Lisa Lawson <Ilawson@merchantsbonding.com> Subject: FW: BOND VERIFICATION - # 101165071 Appears to be a contract principal. Thank you! From: McDonald, Vicki <Vicki. McDonald(@fortworthtexas.eov> Sent: Tuesday, May 6, 2025 1:23 PM To: Merchants Bonding Info <Info(c�merchantsbondine.onmicrosoft.com> Subject: BOND VERIFICATION - # 101165071 CAUTION:This email originated from outside of Merchants Bonding Company. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please verify Payment & Performance Bond for Morales Construction Services, Inc. for the Bob Bolen Training Center Classroom Expansion in the amount of $1,577,025.00. Thank you. Administrative Assistant Property Management Department 817-392-2586 — Office 682-213-0633 — Cell 100 Fort Worth Trail, Fort Worth Texas 76102 vicki.mcdonald(afortworthtexas.gov NAMED INSURED: Morales Construction Services, Inc. POLICY NUMBER: EPP0710621 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ADDITIONAL INSURED - AUTOMATIC STATUS AND AUTOMATIC WAIVER OF SUBROGATION WHEN REQUIRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Additional Insured - Owners, Lessees Or Contractors - Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1. Section II - Who Is An Insured is amended to include as an additional in- sured any person or organization you have agreed in writing in a contract or agreement to add as an additional in- sured on this Coverage Part. Such per- sons) or organization(s) is an additional insured only with respect to liability for: a. "Bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by the performance of your ongoing opera- tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper- ty damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been completed; or (2) That portion of "your work" out of which the injury or damage aris- es has been put to its intended use by any person or organiza- tion other than another contrac- tor or subcontractor engaged in performing operations for a prin- cipal as a part of the same pro- ject; and b. "Bodily injury" or "property damage" caused, in whole or in part, by "your work" performed under that written contract or written agreement and in- cluded in the "products -completed operations hazard", but only if: (1) The Coverage Part to which this endorsement is attached pro- vides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard"; and (2) The written contract or written agreement requires you to pro- vide additional insured coverage included within the "products - completed operations hazard" for that person or organization. If the written contract or written agreement requires you to provide additional insured coverage included within the "products -completed oper- ations hazard" for a specified length of time for that person or organiza- tion, the "bodily injury" or "property damage" must occur prior to the ex- piration of that period of time in order for this insurance to apply. If the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi- cally requiring additional insured coverage included within the "prod- ucts -completed operations hazard", this Paragraph b. does not apply to that person or organization. 2. If the written contract or written agree- ment described in Paragraph 1. above specifically requires you to provide addi- tional insured coverage to that person or organization: a. Arising out of your ongoing opera- tions or arising out of "your work"; or Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 1 of 3 b. By way of an edition of an ISO addi- tional insured endorsement that in- cludes arising out of your ongoing operations or arising out of 'your work"; then the phrase caused, in whole or in part, by in Paragraph A.1.a. and/or Para- graph A.1.b. above, whichever applies, is replaced by the phrase arising out of. 3. With respect to the insurance afforded to the additional insureds described in Para- graph A.1., the following additional exclu- sion applies: This insurance does not apply to "bodily injury", "property damage" or "personal C and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hir- ing, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "prop- erty damage", or the offense which caused the "personal and advertising inju- ry", involved the rendering of, or the fail- ure to render, any professional architec- tural, engineering or surveying services. 4. This Paragraph A. does not apply to addi- tional insureds described in Paragraph B. B. Additional Insured - State Or Governmental Agency Or Subdivision Or Political Subdi- vision - Automatic Status When Required In Written Permits Or Authorizations Section II - Who Is An Insured is amended to include as an additional in- sured any state or governmental agency or subdivision or political subdivision you have agreed in writing in a permit or au- thorization to add as an additional insured on this Coverage Part. Such state or gov- ernmental agency or subdivision or politi- cal subdivision is an additional insured only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivi- sion or political subdivision has issued, in writing, a permit or authorization. 2. With respect to the insurance afforded to the additional insureds described in Para- graph B.1., the following additional exclu- sions apply: This insurance does not apply to: a. "Bodily injury", "property damage" or "personal and advertising injury" aris- ing out of operations performed for the federal government, state or mu- nicipality; or b. "Bodily injury" or "property damage" included within the "products - completed operations hazard." The insurance afforded to additional insureds described in Paragraphs A. and B.: Only applies to the extent permitted by law; and Will not be broader than that which you are required by the written contract, writ- ten agreement, written permit or written authorization to provide for such addition- al insured; and 3. Does not apply to any person, organiza- tion, state, governmental agency or sub- division or political subdivision specifically named as an additional insured for the same project in the schedule of an en- dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described in Paragraphs A. and B., the following is added to Section III - Limits Of Insurance: The most we will pay on behalf of the addi- tional insured is the amount of insurance: 1. Required by the written contract, written agreement, written permit or written au- thorization described in Paragraphs A. and B. For the purpose of determining the required amount of insurance only, we will include the minimum amount of any Um- brella Liability or Excess Liability cover- age required for that additional insured in that written contract, written agreement, written permit or written authorization; or 2. Available under the applicable limits of in- surance; whichever is less. This endorsement shall not increase the appli- cable limits of insurance. E. Section IV - Commercial General Liability Conditions is amended to add the following: Automatic Additional Insured Provision Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 2 of 3 This insurance applies only if the "bodily inju- ry" or "property damage" occurs, or the "per- sonal and advertising injury" offense is com- mitted: 1. During the policy period; and 2. Subsequent to your execution of the writ- ten contract or written agreement, or the issuance of a written permit or written au- thorization, described in Paragraphs A. and B. F. Except when G. below applies, the following is added to Section IV - Commercial General Liability Conditions, Other Insurance, and supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described in Paragraphs A. and B. except: 1. As otherwise provided in Section IV - Commercial General Liability Condi- tions, Other Insurance, b. Excess In- surance; or 2. For any other valid and collectible insur- ance available to the additional insured as an additional insured on another insur- ance policy that is written on an excess basis. In such case, this insurance is also excess. G. The following is added to Section IV - Com- mercial General Liability Conditions, Other Insurance, and supersedes any provision to the contrary: Primary Insurance When Required By Writ- ten Contract, Agreement, Permit Or Au- thorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary to any other in- surance available to the additional in- sured. As used in this endorsement, wrap-up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the claim or "suit" on behalf of the additional in- sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described in Paragraphs A. and B. provided that: 1. The additional insured is a Named In- sured under such other insurance; and 2. You have agreed in writing in a contract, agreement, permit or authorization de- scribed in Paragraph A. or B. that this in- surance would be primary and would not seek contribution from any other insur- ance available to the additional insured. As used in this endorsement, wrap-up insur- ance means a centralized insurance program under which one party has secured either in- surance or self-insurance covering some or all of the contractors or subcontractors perform- ing work on one or more specific project(s). H. Section IV - Commercial General Liability Conditions, Transfer Of Rights Of Recov- ery Against Others To Us is amended by the addition of the following: Waiver of Subrogation We waive any right of recovery against any additional insured under this endorsement, because of any payment we make under this endorsement, to whom the insured has waived its right of recovery in a written con- tract, written agreement, written permit or writ- ten authorization. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such additional in- sured prior to loss. Includes copyrighted material of Insurance GA 472 05 20 Services Office, Inc., with its permission. Page 3 of 3 NAMED INSURED: Morales Construction Services, Inc. POLICY NUMBER: EBA 071 06 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CinciPlusO BUSINESS AUTO XC+° (EXPANDED COVERAGE PLUS) ENDORSEMENT This endorsement modifies insurance provided by the following: BUSINESS AUTO COVERAGE FORM With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provid- ed the "bodily injury" or "property damage" oc- curs subsequent to the execution or the "in- sured contract". B. Noncontributory Insurance SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 5. Other In- surance c. is deleted in its entirety and re- placed by the following: c. Regardless of the provisions of Par- agraph a. above, this Coverage Form's Liability Coverage is primary and we will not seek contribution from any other insurance for any lia- bility assumed under an "insured contract" that requires liability to be assumed on a primary noncontributo- ry basis. C. Additional Insured by Contract SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended to include as an insured any person or organi- zation for whom you have agreed in a valid written contract to provide insurance as af- forded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been: 1. Executed prior to the accident causing "bodily injury" or "property damage"; and 2. Is still in force at the time of the "accident" causing "bodily injury" or "property dam- age". D. Employee Hired Auto 1. Changes in Liability Coverage The following is added to the SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. 2. Changes in General Conditions SECTION IV - BUSINESS AUTO CON- DITIONS, B. General Conditions, 5. Other Insurance is deleted in its entirety and replaced by the following: b. For Hired Auto Physical Damage Coverage the following are deemed to be covered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "em- ployee's" name, with your per- mission, while performing duties related to the conduct of your business. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 1 of 4 However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". E. Audio, Visual and Data Electronic Equip- ment SECTION III - PHYSICAL DAMAGE COV- ERAGE, C. Limit of Insurance is amended by adding the following: 4. The most we will pay for all "loss" to au- dio, visual or data electronic equipment and any accessories used with this equipment as a result of any one "acci- dent" is the lesser of: a. The actual cash value of the dam- aged or stolen property as of the time of the "accident'; b. The cost of repairing or replacing the damaged or stolen property with oth- er property of like kind and quality; or c. $2,500. Provided the equipment, at the time of the "loss" is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; b. Removable from a permanently in- stalled housing unit as described in Paragraph 2.a. above; or c. An integral part of such equipment. F. Who is an Insured - Amended SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended by adding the following: The following are "insureds": Any subsidiary which is a legally incorpo- rated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this cover- age form. However, the insurance afforded by this provision does not apply to any subsidiary that is an "insured" under any other au- tomobile liability policy or would be an "in- sured" under such policy but for termina- tion of such policy or the exhaustion of such policy's limits of insurance. 2. Any organization that is newly acquired or formed by you and over which you main- tain majority ownership. The insurance provided by this provision: a. Is effective on the date of acquisition or formation, and is afforded for 180 days after such date; b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you acquired or formed the organization; c. Does not apply to any newly acquired or formed organization that is a joint venture or partnership; and d. Does not apply to an insured under any other automobile liability policy or would be an insured under such a policy but for the termination of such policy or the exhaustion of such poli- cy's limits of insurance. Any of your "employees" while using a covered "auto" in your business or your personal affairs, provided you do not own, hire or borrow that "auto". G. Liability Coverage Extensions - Supple- mentary Payments - Higher Limits SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Sup- plementary Payments is amended by: 1. Replacing the $2,000 Limit of Insurance for bail bonds with $4,000 in (2); and 2. Replacing the $250 Limit of Insurance for reasonable expenses with $500 in (4). H. Amended Fellow Employee Exclusion SECTION II - LIABILITY COVERAGE, B. Ex- clusions, 5. Fellow Employee is modified as follows: Exclusion 5. Fellow Employee is deleted. I. Hired Auto - Physical Damage If hired "autos" are covered "autos" for Liability Coverage, then Comprehensive and Collision Physical Damage Coverages as provided un- der SECTION III - PHYSICAL DAMAGE COVERAGE of this Coverage Part are ex- tended to "autos" you hire, subject to the fol- lowing: 1. The most we will pay for "loss" to any hired "auto" is $50,000 or the actual cash value or cost to repair or replace, which- ever is the least, minus a deductible. 2. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage, or $1,000, whichever is less. 3. Hired Auto - Physical Damage coverage is excess over any other collectible insur- ance. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 2 of 4 4. Subject to the above limit, deductible, and excess provisions we will provide cover- age equal to the broadest coverage appli- cable to any covered "auto" you own in- sured under this policy. K. Transportation Expense - Higher Limits Coverage includes loss of use of that hired au- to, provided it results from an "accident" for which you are legally liable and as a result of which a monetary loss is sustained by the L leasing or rental concern. The most we will pay for any one "accident" is $3,000. If a limit for Hired Auto - Physical Damage is shown in the Schedule, then that limit replac- es, and is not added to, the $50,000 limit indi- cated above and the deductibles shown in the Schedule are applicable. J. Rental Reimbursement SECTION III - PHYSICAL DAMAGE COV- ERAGE is amended by adding the following: 1. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each cov- erage you have on a covered "auto". No deductible applies to this coverage. 2. We will pay only for those expenses in- curred during the policy period beginning 24 hours after the "loss" and ending, re- gardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably re- quired to repair the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you; or b. 30 days. 3. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses in- curred; or b. $50 per day. 4. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. SECTION III - PHYSICAL DAMAGE COV- ERAGE, A. Coverage, 4. Coverage Exten- sions is amended by replacing $20 per day with $50 per day, and $600 maximum with $1,500 maximum in Extension a. Transpor- tation Expenses. Airbag Coverage SECTION III - PHYSICAL DAMAGE COV- ERAGE, B. Exclusions, 3.a. is amended by adding the following: However, the mechanical and electrical breakdown portion of this exclusion does not apply to the accidental discharge of an airbag. This coverage for airbags is excess over any other collectible insurance or warranty. M. Loan or Lease Gap Coverage 1. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limit of Insurance is deleted in its entirety and replaced by the following, but only for private passenger type "autos" with an original loan or lease, and only in the event of a "total loss" to such a private passenger type "auto": a. The most we will pay for "loss" in any one "accident" is the greater of: (1) The amount due under the terms of the lease or loan to which your covered private passenger type "auto" is subject, but will not include: (a) Overdue lease or loan pay- ments; (b) Financial penalties imposed under the lease due to high mileage, excessive use or abnormal wear and tear; (c) Security deposits not re- funded by the lessor; (d) Costs for extended warran- ties, Credit Life Insurance, Health, Accident or Disabil- ity Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases, or 5. We will pay under this coverage only that (2) Actual cash value of the stolen amount of your rental reimbursement ex- or damaged property. penses which is not already provided for b. An adjustment for depreciation and under SECTION III - PHYSICAL DAM- physical condition will be made in de - AGE COVERAGE, A. Coverage, 4. termining actual cash value at the Coverage Extensions. time of "loss". Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 3 of 4 2. SECTION V - DEFINITIONS is amended by adding the following, but only for the purposes of this Loan or Lease Gap Coverage: "Total loss" means a "loss" in which the cost of repairs plus the salvage value ex- ceeds the actual cash value. N. Glass Repair - Waiver of Deductible SECTION III - PHYSICAL DAMAGE COV- ERAGE, D. Deductible is amended by adding the following: No deductible applies to glass damage if the glass is repaired in a manner acceptable to us rather than replaced. O. Duties in the Event of an Accident, Claim, Suit or Loss - Amended SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss, a. is amended by adding the following: This condition applies only when the "acci- dent" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. An executive officer or insurance manag- er, if you are a corporation; or 4. A member or manager, if you are a lim- ited liability company. P. Unintentional Failure to Disclose Hazards SECTION IV - BUSINESS AUTO CONDI- TIONS, B. General Conditions, 2. Conceal- ment, Misrepresentation or Fraud is amended by adding the following: However, if you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny cover- age under this Coverage Form because of such failure. Q. Mental Anguish Resulting from Bodily Inju- ry SECTION V - DEFINITIONS, C. "Bodily inju- ry" is deleted in its entirety and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including men- tal anguish and death sustained by the same person that results from such bodily injury, sickness or disease. 'Bodily injury" does not include mental anguish or death that does not result from bodily injury, sickness or disease. R. Coverage for Certain Operations in Con- nection with Railroads With respect to the use of a covered "auto" in operations for or affecting a railroad: 1. SECTION V - DEFINITIONS, H. "Insured contract", 1.c. is deleted in its entirety and replaced by the following: c. An easement or license agreement; 2. SECTION V - DEFINITIONS, H. "Insured contract", 2.a. is deleted. Includes copyrighted material of ISO AA 288 06 20 Properties, Inc., with its permission. Page 4 of 4 NAMED INSURED: Morales Construction Services, Inc. POLICY NUMBER: EPP0710621 & EBA 071 06 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS -MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY ELECTRONIC DATA LIABILITY COVERAGE PART EXCESS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS -MADE RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY SCHEDULE Name and mailing address of person(s) or organization(s): Blanket - per List on File Number of days notice (other than nonpayment of premium): 30 A. If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least the number of days shown in the Schedule before the effective date of cancellation or nonrenewal. B. If we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least 10 days before the effective date of cancellation. C. If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D. In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. IA 4087 09 17 -.eXaSMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 3/20/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0002108086 of Texas Mutual Insurance Company effective on 3/20/25 Issued to: MORALES CONSTRUCTION SERVICES INC P This is not a bill Authorized representative NCCI Carrier Code: 29939 3/13/25 PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 WC 42 03 04 B t .e utua WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. 1. Number of days advance notice: 2. Notice will be mailed to: Schedule 30 PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 3/20/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0002108086 of Texas Mutual Insurance Company effective on 3/20/25 Issued to: MORALES CONSTRUCTION SERVICES INC This is not a bill NCCI Carrier Code: 29939 Authorized representative PO Box 12058, Austin, TX 78711-2058 1 of 1 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 3/13/25 WC420601 From: Murohv. Donnette J To: McDonald. Vicki Cc: Hinton. Joanne Subject: RE: BOB BOLEN TRAINING CENTER CLASSROOM INFILL/RESTROOM ADDITION - COI Date: Thursday, May 8, 2025 4:17:42 PM Attachments: COI.odf imaae001.ona imaae002.onq imaae003.Dna imaae004.ona imaae005.Dnq BB Trains Cntr Classrm Exoan Contract 5.7.25.Ddf Hello, this is approved. Donnette Murphy Property & Casualty Manager City of Fort Worth HR/Risk Management 200 Texas Street Fort Worth, Texas 76102 Office: (817) 392-7784A A Cell: (682) 760-6749 Email: donnette.murphy�.fortworthtexas.gov FART WORTH. Working together to build a strong community. Follow Fort Worth we From: McDonald, Vicki <Vicki.McDonald @fortworthtexas.gov> Sent: Wednesday, May 7, 2025 11:19 AM To: Murphy, Donnette J <Donnette.Murphy@fortworthtexas.gov> Cc: Hinton, Joanne <Joanne.Hinton@fortworthtexas.gov> Subject: BOB BOLEN TRAINING CENTER CLASSROOM INFILL/RESTROOM ADDITION - COI Attached is the certificate of insurance and contract for Morales Construction Services, Inc., Bob Bolen Training Center Classroom Infill/Restroom Addition. Contract is for $1,577,025.00. Please verify. Thanks. Administrative Assistant Property Management Department 817-392-2586 - Office 682-213-0633 - Cell 100 Fort Worth Trail, Fort Worth Texas 76102 vicki.mcdonald(a)fortworthtexas.gov CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, Bob Bolen Trainine Center Classroom Inf1l/Restroom Addition located at 505 W. Felix Street, Fort Worth, Texas 76115 (PMI)2024--08 Proiect No. 105455). Contractor ful,ther certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: MORALES CONSTRUCTION SERVICES, INC. By: Rey Morales Company {Please Pr t) Morales Construction Services, Inc. Signature: Address 2500 E Broad St. Suite 200 Mansfield, TX 76063 United States Title: President THE STATE OF TEXAS § § IKOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared XQ-- r� � � 5 , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of M p (CJ Q 5 CA SV4 v Ji r) „ti Se r V, C o , for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 5i-day of 2024. ^2gPp,Y P4g�` .)lJLlE t_YNN GUNN AtaryPubl�itc �►� :;Notary Public, state 3or -Texas • in and for the State of Texas ~�'•v� r Comm. Expires 11- Notary)D134633422 Instruction to Offerors Page 33 of 34 Bob Bolen Training Center Classroom Project (April 2025) 4---0" f� 2--0" 2--0" CENTERLINE OF SIGN, LOGO & ( TEXT INFORMATION 4` "FORTIORTH11, 1 1 T Project Title t Architect; ` ^ Architect's Name Contractor: Contractor's Name FUNDED BY (List Bond Fund, oto) SCHEDULED COMPLETION DATE a� Ah. YEAR r � SIGN COLOR & FONT: BACKGROUND - WHITE BORDER - 6/ 16"WIDE, 3"RADIUS CORNERS, PMS 288 (BLUE) TEXT - HELVETICA or ARIAL, PMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH — PMS 288 (BLUE), CHELTENHAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJECT DESIGNATION SIGN Instruction to Offerors Page 33 of 33 Rob ftlen Traioing Center Classroom Project (April 2025) FORTWORTM, CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 1 PW-Bob Bolen Training Center Classroom Infill/Restroom Addition The following Addendum items reflect proposer questions received, along with answers not conflicting with the proposal documents: A, Please see missing drawings and specifications. B. From questions asked On Bonfire: 1. Question. don't see specs for Div. 21-28 in the manual. Please advise. Answer: Refer to Komatsu Addendum 01 attachment. 2. Question: Is ❑ata/IT by owner? Answer: Yes. DatalIt by owner. 3. Question: Who is responsible for the projection screen? Answer: Equipment is owner provided. 4. Question: Are there any preferredlrequircd vendors? Answer: No. Acknowledge the receipt of this Addendum No.1 on your Proposal. Marilyn Marvin DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: , rc F S&rr"ut- Juan F. Serrano Capital Projects Manager 817-392-7836 ADDENDUM RELEASE DATE, Wednesday November 21, 2024 End of Addendum No. 1 NW - Bob Bolen Training Center Classroom Innll Addendum No. 1 (November 21, 2424) KOMAT U A F i �i 11 f I � I November 20, 2024 Addendum No. 01 TO THE CONTACT DOCUMENTS FOR: ROB BOLEN TRAINING CENTER CLASSROOM INFILL AND RESTROOM ADDITION Fort Worth, Texas KAI Project No. 2023.164 This addendum forms a part of the Contract Documents and modifies the drawings and project manual dated September 27, 2024 as noted herein. Respondent shall acknowledge receipt of this addendum. REFER TO THE PROJECT MANUAL FOR THE FOLLOWING ITEMS: The following sections Added: 1. Added 2015 IECC Mechanical ComCheck 2. Section 000110 -Table of Contents - Revised to coordinate with added sections listed below. 3. Section 210010-- Basic Fire Protection Requirements 4, Section 210512 - Fire Protection and Electrical Coordination 5, Section 211100- Fire Protection Piping 6. Section 220010 - Basic Plumbing Requirements 7. Section 220512 - Plumbing and Electrical Coordination 8. Section 220529 - Plumbing Supports and Anchors 9. Section 221000 - Plumbing Piping 10. Section 230010 - Basic Mechanical Requirements 11. Section 230512- Mechanical and Electrical Coordination 12. Section 230529- Mechanical Supports and Anchors 13. Section 230553 - Mechanical Identification 14. Section 230593- Mechanical Testing, Adjusting and Balancing 15, Section 230713-HVAC Duct Insulation 16. Section 233113-- Metal Ductwork 17. Section 23-/413 - Rooftop Fleating and Cooling Units 18. Section 238965- Motor Controllers 19. Section 260510-General Requirements for Electrical Work 20. Section 260511 -Work in Existing Building 21, Section 260512 - Mechanical and Electrical Coordination 38BO HULEN STREET SUITE 300 • FORT WORTH, Tx 76107-7274 • 817 332 1914 VOICE • 817 877 4754 FAX Page 1 KOMATSU 22. Section 260519- Wires and Cables 23. Section 260626 - Grounding 24. Section 260527 - SeaLing of Penetrations 25. Section 260529-Supporting Devices 26. Section 260532- Pull and Junction Boxes 27. Section 260533-Conduits 28. Section 260334 - Outlet Boxes 29. Section 260535-Wireway 30. Section 260924- Occupancy Sensors 31. Section 262726 -Wiring Devices 32. Section 262816-Overcurrent Protective Devices 33, Section 262817 - Disconnect Switches 34, Section 262913 - Motors, Motor Starters and Controls 35. Section 265113- Lighting 36. Section 270528- Empty Conduit Systems 37. Section 283107- Extension of Existing Fire Alarm System REFER TOTHF CONTRACT DRAWINGS FORTH Er FOLLOWING ITEMS- 1 . G0.00 - Updated to reflect current applicable codes Updated type of construction Updated to reflect the actual square footage of the scope of work and actual Occupant Load 2. A0.01 - Updated to show ADA routes Note by Number note added regarding the accessible routes to the building 3. A1.01 - In Toilet Addition Floor Plan -TOILET 158 updated to show compliance with requirements in section 604 4. A5.04- Updated Toilet Accessories and Fixture Legend to show correct heights. 5. E0.02- Miscellaneous Clarifications 6. E1.42- Miscellaneous Clarifications 1880 MULEN STREET SUITE 300 • FORT WORTH, TX 76107-7274 • 817 332-1914 VOICE • 817 877 4754 FAX Page 2 KOMATSU 11120/2024 END OF ADDENDUM 01 Attachments: Documents--20151ECC Mechanical Comcheck Spec Sections - 000110, 210010, 210512, 211100, 220010, 220512, 220529, 221000, 230010, 230512, 230529, 230553, 230593, 230713, 233113, 237413, 238965, 260510, 260511, 260512, 260519, 260526, 260527, 260529, 260532, 260533, 260534, 260535, 260924, 262726, 262816, 262817, 262913, 265113, 270528,283107 Drawings --GO.01,A0.01,A1.01,A5.04, E0.021 E1.42 3880 HULEN STREET SUITE 300 - FORT WORTH, TX 76107-7274 + 817 332 1914 VOICE • 817 877 4754 FAX Page 3 FORT WORTH. CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 2 PW-Bab Bolen Training Center Classroom Infill/Restroom Addition The following Addendum items reflect proposer questions received, along with answers not conflicting with the proposal documents: A. Please see attachments to this addendum. B. From questions asked On Bonfire: 1. Question: Rooms 124A, 124B, 127, and 129 indicates a combination pattern Please provide the pattern, of give the percentage of each carpet tile. The prices are not the same. Answer: Please refer to the attachments on this Addendum. 2. Question: We see that the bid bond needs to be made out to City of Fort Worth but please advise what the city address is. We see two different addresses in the documents and want to make sure we use the correct one for the bid bond. Answer: The correct address is 100 Port Worth Trail Port Worth, TX 76102 3. Question: Please Clarify: There is a note on drawing MP1.40 that says "coordinate with owners roofing contractor for exact requirement" Who is the required/preferred roofing contractor? Answer: The City uses Bazan, Crimson, and Castro Roofing. 4. Question: Is there a GeoTech report? Answer: Yes. Please see attachments, 5. Question: Please verify deck height. Answer: Existing low roof deck height at outside wall is 16-13" 6, Question: Please clarify extents of Type C Walls. Are we extending gypsum board to deck? Are we adding an additional layer of gypsum board each side? Answer: Gypsum to run to deck to ensure sound mitigation. 7. Question: Are two layers of gypsum board required at type "F" temporary walls? Is cement board required above ceiling height on type "0" and "E" walls? Answer: The toilets walls only go up to as high as needed to achieve schedule ceiling and lights. There will be a lid on the restrooms and wall D and E at Toilets are not all the way to existing deck. PW - Bob Bolen Training Center Classraom Infill Addendum No, 2 (December 14, 2024) 8. Question: Please provide dimensions for furrdown, Answer: Please refer to the attachments on this Addendum. 9. Question: Please provide detail from the design team on how to anchor pipe and duct hangers. The underside of the roof deck looked like fiberglass panels so, anchors wont hold. Also, could we get a detail for the attaching the roof curbs for the RTUs as well. Answer: 10. Question: Please clarify tax requirements for this project. noes this project fail under requirements for Texas renovation tax in lieu of sales tax? Answer: Please refer to bid documents for tax requirements. 11. Question: What brand is the fire alarm system? Answer. Please refer to the attachments on this Addendum, 12. Question: Please provide information on floor boxes and raceway sires. Answer: Please refer to the attachments on this Addendum. Acknowledge the receipt of this Addendum No. 2 on your Proposal. Marilyn Marvin ❑IRECTOR, PROPERTY MANAGEMENT ❑EPARTMENT By: J6 AG v P Sarr i ,&- duan F. Serrano Capital Projects Manager 817-392-7836 ADDENDUM RELEASE DATE: Tuesday December 10, 2024 End of Addendum No. 2 PIV — Bob Bolen Training Center Classroom Infill Addendum No, 2 (December 14, 2024) KOMAT U A R C- 0 1 I L l T U k J. December 10, 2024 Addendum No. 02 TO THE CONTACT DOCUMENTS FOR: BOB BOLEN TRAINING CENTER CLASSROOM INFILL AND RESTROOM ADDITION Fort Worth, Texas KAI Project No. 2023.164 This addendum forms a part of the Contract Documents and modifies the drawings and project manual dated September 27, 202-4, as noted herein. Respondent shall acknowledge receipt of this addendum. REFER TO THE PROJECT MANUAL FOR THE FOLLOWING ITEMS: The fallowing sections Added: 1. Added GeoTech Report 2. Added Carpet Pattern Diagrams 3. Section 000110—Table of Contents —Omitted sections 014200 and 015639 REFER TO CONTRACT DRAWINGS FORTHE FOLLOWING ITEMS.- 1. A1.05— Updated wall types'D' and'E' 2. A5.03 — Updated dimensions 3. A5.04—Updated dimensions 4. A7.02-Updated detail #3to show dimensions offurrdown Omitted detail#4 from sheet 5. M1,42- Revised Notes by Symbol notes 47, #8, & #9 Added Rooftop Unit Detail 3880 HULEN STREET SUITE 300 • FORT WORTH, TX 76107-7274 - 817 3321914 V010E • 817 8774754 FAX Pap 1 r. aC o /\A A T �u 1211 O/202_4 END OF ADDENDUM 02 Attachments: Documents— GeoTechr Report, Carpet Pattern Diagrams Spec Sections — 00O110 Drawings —A1.05, A5.O3, A5.O4, A7.O2, M11.42 3880 HULEN STREET SUITE 300 • FORT WORTH, TX 76107-7274 • 817 332 1914 VOICE • 817 877 4754 FAX Page 2 M&C Review Page 1 of 3 Offidal site or the City of Fort Waith, Texas ITYUNCILGEN.A, FORTWORT11 Create New From This M&C DATE: 4/812025 REFERENCE **M&C 25- LOG NAME: 21 BOB BOLEN NO.: 0311 CLASSROOM EXPANSION CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 9) Authorize Fxecution of a Contract for Construction Services with Morales Construction Services, Inc. in an Amount of $1,577,025.00 for the Bob Bolen Classroom Expansion Project RECOMMENDATION: It is recommended that the City Council authorize execution of a contract for construction services with Morales Construction Services, Inc. in an amount of $1,577,025.00 for the Bob Bolen Classroom Expansion project (City Project No. 105455). DISCUSSION: The purpose of this Mayor and Council Communication is to authorize execution of a contract with Morales Construction Services, Inc. in an amount up to $1,577,025.00 for the construction of new training classrooms. The area is approximately 7,000 square feet and will include two classrooms (one with a moveable divider wall), a janitorial closet, a storage room and office space. On November 7, 2024 and November 14, 2024 in the Fort Worth Star -Telegram, the City published notice of a Request for Competitive Sealed Proposals and on December 20, 2024 received six (6) proposals. Only three respondents provided the required Post Proposal -pre -Award Submittals and were evaluated for consideration. The proposals were reviewed by members of the Police Department, Office of Business Diversity and the Property Management Department and were evaluated for completeness, compliance with the MVVBE requirements and references were checked. CHC Construction, Mart, Inc., and Prim Construction LLC did not meet the MWBE compliance section and were disqualified. Based on the proposal review and interviews, the selection team recommends award of the construction contract to Morales Construction Services. Past Proposed References/ project in work MV1f13B Total Price Experience Schedule the Compliance Score City Morales Construction 54 18 8 7 Responsive 87 Services, Inc. Cowboys Roofing 16 8 Res onsive 78 & Restoration 147 ll _ 117JI I p �I Pecos 144 14 115 116 �I Responsive 69 Construction The overall project costs are expected to be as described in the table below: VTOTALS 11 $232,800.00 PROJECT COST Architectural & Engineering Design http://apps,c{wnet,org/coutic il_ packet/iiic._i-evlew.asp?ID=33174&councildate=4/8/2025 4/17/2025 M&C Review Page 2 of 3 Construction Contract (Including Owner's Construction Allowance) 1,577,025.00 Project Administration Cost: Project Management, Contingency, FIFE, �I $1,373,682 00 ITAV, etc. PROJECT TOTAL - - - [$3,'i83,507.001 Permit Fees: In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2, "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived." Funding: Funding is budgeted in the CCPD Capital Projects Fund for the Police Department for the purpose of funding the Bob Bolen Classroom Expansion. Business Equity Division: The Business Equity Division placed a 12.60\% business equity goal on this solicitation/contract, Morales Construction Services, Inc., will be exceeding the goal at 52.921% as a Business Equity Prime and self- performing the scope of the services, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division, The Bob Bolen Public Safety Complex is located in COUNCIL DISTRICT 9. FISCAL INFORMATIONICERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the CCPD Capital Projects Fund for the FY24 PD Bob Bolen Classroom Expansion project to support the approval of the above recommendation and execution of the agreement. Prior to any expenditure being incurred, the Property Management & Police Departments have the responsibility to validate the availability of funds. TO Fund Department ID Account Project ID Pro ram ActivityBudget Reference # Amount g I Year I {Chartfield 21 I FROM -- Fund Department r Account Prof®cf Program Activity Budget IRaference#- Amount ID IIo lYear ._(Chartfieid 2) �- Submitted for Citv Manauer's Office by Orlainatina Department Head: Additional Information Contact: Valerie Washington (6192) Marilyn Marvin (7708) Nikita Watts (2028) Juan Serrano (7836) littp:llapps.cfwnet.org/council_packet/nic review.asp?tD=33174&councildatc=4/8/2025 4/17/2025 M&C Review Page 3 of 3 ATTACHMENTS 2113013 BOLEN CLASSROOM EXPANSION F1D TABLE.xisx (CFW Internal) 21 BOB BOLEN CLASSROOM EXPANSION funds availabilitv.Ddf (CFW Internal) 25-0025 (105055 Bob= Bolen Classroom Exvansion)CM-NS.ndf (CFW Internal) Bo_b= Bolen Marm)df (CFW Internal) Form 1295 Certificate 101317327 RM Sioned.Ddf (CFW Internal) SAM Morales Construction Services.0f (CFW Internal) http:l/apps.cfwnet.org/eouncil_packet/inc_review.asp'?1D=33174&councildate=4/8/2025 4/17/2025