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Home My WebLink About064603 - Construction-Related - Contract - North Rock Construction & Associates, LLC��R'��RT�� CONTRACT FOR THE CONSTRUCTION OF CSC No. 64603 COVENTRY HILLS, MOSIER VALLEY, & TIMBERLAND PARKS IMPROVEMENTS City Project Nos. 104695, 104697, & 104700 Mattie Parker Mayor Jesus `Jay' Chapa City Manager Dave Lewis Director, Park & Recreation Department Prepared for The City of Fort Worth Park & Recreation Department 2025 OLSSON 5700 Tennyson Parkway Plano, TX 75024 ��D�,pNDSCqpF� ��a°N �� c� 9�y��, w'2 � �(�, �aa �� < �� o m � ,: �N�,9�o4� '4�Q,`'� ` "�F �.-�' z5 s�� .27 .2� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX �� Cit of FortWorth Y Standard Construction Specification Documents Adopted September 20ll 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 OS 10 Mayor and Council Communication 00 OS 15 Addenda 00 11 13 Invitation to Bidders 00 21 13 Instructions to Bidders 00 35 13 Conflict of Interest Statement 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder nn� nn� nn�-^� ��1y-tl.ioati� 00 45 26 Contractar Compliance with Workers' Compensation Law �8 00 52 43 Agreement 00 61 13 Performance Bond 00 61 14 Payment Bond 00 61 19 Maintenance Bond 00 61 25 Certiiicate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division O1 - General Requirements � Ol 11 00 Summary of Work � O1 25 00 Substitution Procedures � Ol 31 19 Preconstruction Meeting � O1 31 20 Project Meetings � O1 32 16 Construction Schedule � O1 32 33 Preconstruction Video � O1 33 00 Submittals � Ol 35 13 Special Project Procedures � Ol 45 23 Testing and Inspection Services � O1 50 00 Temporary Facilities and Controls � O1 55 26 Street Use Permit and Modifications to Traffic Control � O1 57 13 Storm Water Pollution Prevention Plan � O1 58 13 Temporary Project Signage � O1 60 00 Product Requirements � O1 66 00 Product Storage and Handling Requirements � O1 70 00 Mobilization and Remobilization � Ol 71 23 Construction Staking and Survey � O1 74 23 Cleaning � O1 77 19 Closeout Requirements � O1 78 23 Operation and Maintenance Data � O1 78 39 Project Record Documents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 7, 2024 Last Revised 07/0 ] /2011 07/O 1 /2011 02/08/2024 O 1/17/2024 02/24/2020 09/30/2021 O 1 /20/2012 09/1 l /20l 7 06/27/2011 nQii�i nn i��z nQii�z 07/O 1 /2011 nti in�� 3/08/2024 12/08/2023 12/08/2023 12/08/2023 07/O 1 /2011 03/08/2024 03/08/2024 Last Revised 12/20/2012 07/01 /20l 1 08/17/2012 07/O1/20ll 10/06/2023 07/O 1/2011 12/20/2012 03/11/2022 03/09/2020 07/01 /20l 1 03/22/2021 07/O1/20ll 07/O 1/2011 03/09/2020 07/O 1 /201 l 11 /22/2016 02/14/2018 07/O 1/2011 03/22/2021 12/20/2012 07/O 1/20ll Coventry Hills, Mosier Valley, & � Timberland Parks Improvements 0 104695,]04697,104700 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions � 02 41 13 Selective Site Demolition In�� rT�;i:ti vow.,,.,,.iini-..,�,�„�.,,o�� In�� D.,.,:,,,. Do,ti.,,. .,1 Division 03 - Concrete � 03 30 00 Cast-In-Place Concrete I�2�-�- i� I ��o I&�gA-AA ra,,,a;�;,.,,�:,,�� ,. ��,;��:�,. r�„�,...o�o e�..,,,.�,,,.or Division 11 - Equipment � 11 66 12 Site Underdrain � 11 67 13 Site Furnishings � 11 68 14 Playground Equipment � 11 69 15 Wood Fiber Playground Surfacing Division 26 - Electrical � �-A�-AA �oil Aova12 � � �'� I �g ,-,ow.,.,:�:,.� � .. �,oc�ri�� i�s�et�rs � � �H-A3-�3 catrrrd�l Cy��te�s � �H-A3-43 �d Ju:,2 Division 31- Earthwork � 31 10 00 Site Clearing � 31 23 16 Unclassified Excavation � 31 23 23 Borrow � 31 24 00 Embankments � 31 25 00 Erosion and Sediment Control � � '�o �tet�s � 31 37 00 Riprap Division 32 - Exterior Improvements � �-A-�� :�1.�1t ll�� a I �� r,.---„�„ n,.. ,� n,.�,,;.. �a - =r-'-- � 27�� L'1„�,;L.1„ �.,�„ r,�,,.,�„� I27�� T : ,. T..,,..�,.,J �.,,.,, !`,.,,,...,,.. I'2'1 � � '2'2 (`,,.�.,..�� T..,,.,E,.,7 I?,.�,. /�,..,..�„� I �� I � I3Jz7--�� z,u�il``."�t �:I.,_.�a f'',..,,.L C'o.,l...�� 32 13 13 Concrete Paving CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 7, 2024 Date Modified 03/11/2022 � I I 03/11/2022 � I � � Ol/06/2010 � O 1 /06/20l 0 � O 1 /06/2010 � O1/06/2010 � 03/22/2021 O 1/28/2013 O1/28/2013 Ol/28/2013 04/29/2021 12/20/2012 06/10/2022 Coventry Hills, Mosier Valley, & � Timberland Parks Improvements 0 104695, 104697, 104700 � 321320 � 32 13 73 � �4-�C � 32 16 13 � 32 17 23 � �� 32 31 13 � 32 31 26 � �? ? 1 �9 I �� 32 91 19 � �� 32 92 14 � �'�� I 2'� 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2021 Concrete Paving Joint Sealants 12/20/2012 �1 �l rJnit� Concrete Curb and Gutters and Valley Gutters Pavement Markings r..,.�, n ,a,a,.o�� n,.:r+;r,. Chain Fences and Gates Wire Fences and Gates �x�,.,.,a �o�„o� „�,a r„�o� r�„�� ;r ni,,,.o r�,.�,...e�e v o�.,:,,;r,. �x�.,ii., Topsoil Placement and Finishing of Parkways � Non-Native Seeding T«,,,.,. ....,1 CL....,1.� Division 33 - Utilities 3 3-A� 3A � ��z �esec��r�it T., �--A3-�A ��azz'ta�i�trrb : ��,:,,�:�o c,...,,,,. cJ.,.�„w.,. �-A4- �A aoti ioal Io�e� �� nn i i r��..,.��:,,� r„r�..,.i �r,.�. c�...:�� --�-T� �� nn �n �--�-�o �--AA--49 rt,,,.�:r,. „ra n_,.__r�,.r,.,, rr,,.,�;�,� ,.��x�,.�,,.. ra,.:r, -�-� n^Cn --o - �'�r --'--= - --a - �tl �� y�'-��n'� �r€.�z.�atiz., �niti�,�.�.,,�� ,.�a R,,,,,.�n �� nc i� �--�-Ts �� , �� nc i � ni �--v�--r-r. oT , �4 � > > > lli itttC � f`,...,..-o�o �1I7.,�o,- �7.,,,1�� --A3-�� r„�,,,.,,�„ r,.ii,,,.., � ��'--�� nc � i rr„r�„t r:�,,.. nt,.�„ �--�-zz 3�--�5-�� nc �� --�-z� 3-3--�5-�4 �--A�-�6 rT�;i:k ra,,..i,o..�ir ,,,.,,�,,..� �8 T "� �1�1�1.Y.�eS '2'2��r-�i—�v� �,.1�� Rr„�� ...�,] l_.,.,I�i,� > > 2 2�A �i a� 11 l� �� „ ,� � , , �4 �g �x�„��.. �o...,:,,o� � ,.�. �,. � ;�„�. �� T ,. ,.,, �x�„�,,.. �,r,.�,,,.� , -"a - �9 D,,.,:,;,,�� r,,,.�,.a �,.�„ ��,,,.,,, 12/09/2022 06/10/2022 12/20/2012 03/11/2022 OS/13/2021 CITY OF FORT WORTH Coventry Hills, Mosier Valley, & � STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements 0 Revised June 7, 2024 104695, ] 04697, 104700 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 I�� n�xnx�n n„i.,i.,o,. co„�oa u„��o..�.,��„i..o� � � � 1 �, � �rc�0 �Ic12t1Y: � �8 �'�C�F/�'61t1 � �-49 �� 9 �.L� Ear.c�� C� I�A C�...,.a.,,-.1 R1.,.. ..�4'�/.,1. o A��o.�,l.l., � � ��a I2 ��r-�� or ��ni�i;�e� I�A n,.i.,.,;r, i ri,i,.,.;ao �nvr� r-_,.,,.,;�.. 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J�t,�i�r � �� uo;�F ..,.o,l D,.1.,o�L,..lo„o ��PTI� P1�8 � �� P':Sl �I:I,Yi I �--�-� ��@ I �--�-�i �'�°"t21 ��PiS I� 'r.-o�,.ti r�..,,'�� I��--^m� �t i� "�o, ra..�ti,.i„� ..�a r„�,.�:,.� u,.�,,,� I �A � ., � 2��-^mo �tn�: D-r,��r�✓»al�,�a :�� Division 34 - Transportation �^� » ^'--�rry vi z�ttt-Ekc-�rirei3+rr��eir�Ceae�' �c-Q��avc �n ni inn� �-�-r-r�va �n ni inn� �o� � ^�i �� , ,� � � ^�-^� ��UI��N�� 1�«� �^� � ^� �� LL��..r � � �.,�,;�� T �cri� �J A �n ni �nn� �va 2^ n�� .�e�s�d�tt�l J= � ^� s i,,.,,:�.,w, c:,.�� ^� rr,.,,��;,, r,,..�..,.i CITY OF FORT WORTH Coventry Hills, Mosier Valley, & � STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements 0 Revised June 7, 2024 104695, ] 04697, 104700 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 END OF SECTION CITY OF FORT WORTH Coventry Hills, Mosier Valley, & � STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements 0 Revised June 7, 2024 104695, ] 04697, 104700 M&C Review CITY COUNCIL AGENDA Create New From This M&C Page 1 of 4 Official site of the City of Fort Worth, Texas �ORT�'�'ORTII �� REFERENCE **M&C 25- 8000VENTRY HILLS, MOSIER DATE: 12/9/2025 NO.: 1136 LOG NAME: VALLEY, AND TIMBERLAND PARKIMPROVEME CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 4, CD 5 and CD 10) Authorize Execution of a Contract with North Rock Construction & Associates, LLC, in the Amount of $1,863,415.08 for Construction of Park Improvements at Coventry Hills, Mosier Valley, and Timberland Parks, Adopt Appropriation Ordinance, and Amend the Fiscal Years 2026-2030 Capital Improvement Program (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council: 2. 3 4 Authorize execution of a Contract with North Rock Construction & Associates, LLC, in the amount of $1,863,415.08 for construction of park improvements at Coventry Hills Park (City Project No. 104965), Mosier Valley Park (City Project No.104697), and Timberland Park (City Project No.104700); Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the PARD Dedication Fees Fund by increasing estimated receipts and appropriations in the Neighborhood Parks project (City Project No. PB0024) in the amount of $612,089.00 from 1. Neighborhood Unit 2-25 (City Project No. UN8016) from Engineering/Impact Fees in the amount of $20,904.00, 2. Neighborhood Unit 3-39 (City Project No. UN8084) from Engineering/Impact Fees in the amount of $50,573.00, 3. Neighborhood Unit 3-39 (City Project No. UN8084) from Development Fees in the amount of $136,128.00, 4. Neighborhood Unit 2-27 (City Project No. UN8018) from Engineering/Impact Fees in the amount of $187,792.00, 5. Neighborhood Unit 2-27 (City Project No. UN8018) from Development Fees in the amount of $42,020.00, 6. Neighborhood Unit 6-2 (City Project No. UN8051) from Engineering/Impact Fees in the amount of $31,374.00, 7. Neighborhood Unit 6-2 (City Project No. UN8051) from Development Fees in the amount of $106,903.00, 8. Neighborhood Unit 6-22 (City Project No. UN8062) from Engineering/Impact Fees in the amount of $22,897.00, 9. Neighborhood Unit 6-34 (City Project No. UN8195) from Engineering/Impact Fees in the amount of $13,497.00; Amend the Fiscal Years 2026-2030 Capital Improvement Program; and Authorize waivers of all associated City permit fees. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a contract with North Rock Construction & Associates, LLC, in the amount of $1,863,415.08 for park improvements at Coventry Hills, Mosier Valley, and Timberland Parks. Park improvements are funded from the 2022 Bond Program Fund and the PARD Dedication Fees Fund. http://apps.cfwnet.org/council_packet/mc review.asp?ID=33997&councildate=l2/9/2025 1/7/2026 M&C Review The project was advertised for bid on July 31 and August 7, 2025, in the Fort Worth Star- Telegram. On September 4, 2025, the following bids were received and tabulated. ALTERNATE 1 : �� ' C. Green Scaping, LP (Bid was Withdrawn) North Rock Construction & Associates, LLC :� : � PARKING LOT EXPANSION ALTERNATE 2 EXCERCISE STATIONS ALTERNATE 3 MULTI- TOTAL SPORT COURT Page 2 of 4 $1,266,947.80 $54,850.00 $113,500.00 $60,423.60 $1,495,721.40 $1,540,248.58 $60,748.22 $125,923.54 $136,494.74 $1,863,415.08 Northstar Construction, $1,619,811.00 $41,072.00 $125,000.00 $79,453.00 $1,865,336.00 LLC 2L Construction, $1,735,605.00 $45,432.00 $110,000.00 $60,716.00 $1,951,753.00 LLC LJ Design & Construction, $1,825,310.63 $50,470.56 $153,037.00 $102,565.37 $2,131,383.56 LLC Fort Worth Civil $2 662,968.50 $132,437.00 $87,995.00 $158,949.72 $3,042,350.22 Constructors, ' LLC C. Green Scaping, LP, withdrew their bid citing internal bid errors. Staff recommends awarding the contract to North Rock Construction & Associates, LLC. Base bid improvements include the following: Installation of new playground equipment, concrete sidewalks, Americans with Disabilities Act (ADA) ramps, drainage systems, safety surface material, and turf establishment. Alternate bid items selected include parking lot expansion (alternate 1), exercise equipment (alternate 2) and a multi-sport court (alternate 3) at Mosier Valley Park. Contract time is 180 days, and construction is anticipated to commence in January 2026 and be completed by September 2026. Total project funding: Project Name Coventry Hills Park (104695) Coventry Hills Park (104695) Mosier Valley Park (104697) �� Capital Fund Name �� Authority �� 2022 Bond Program (34027) M&C 23- 0611 PARD Dedication Fees FY 2026 CIP (30110) 2022 Bond Program (34027) M&C 23- 0611 �� Amount � $599,205.38 $36,394.80 $463,419.04 � http://apps.cfwnet.org/council packet/mc review.asp?ID=33997&councildate=l2/9/2025 1/7/2026 M&C Review Page 3 of 4 Mosier Valley Park PARD Dedication Fees FY2026 CIP $437,416.09 (104697) (30110) Timberland Park 2022 Bond Program (34027) M&C 23- $188,703.05 (104700) 0611 Timberland Park PARD Dedication FY2026 CIP $138,276.72 (104700) Fees (30110) � �� $1,863,415.08� Funding for additional construction costs for Coventry Hills, Mosier Valley, and Timberland Parks was not included in the Fiscal Year 2026-2030 Capital Improvement Program. The action in this M&C will amend the Fiscal Year 2026-2030 Capital Improvement Program as approved in connection with Ordinance 27979-09-2025. This project is included in the 2022 Bond Program. The City's Extendable Commercial Paper (ECP) (M&C 22-0607; Ordinance 25675-08-2022) provides liquidity to support the appropriation. Available resources will be used to actually make any interim progress payments until debt is issued. Once debt associated with a project is sold, debt proceeds will reimburse the interim financing source in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance 25515-05-2022). Funding is available in the PARD Dedication Fees Fund for the Park & Recreation Department for the purpose of funding the Coventry Hills Park, Mosier Valley Park, and Timberland Park projects. Coventry Hills Park is located in COUNCIL DISTRICT 4, Mosier Valley Park is located in COUNCIL DISTRICT 5 and Timberland Park is located in COUNCIL DISTRICT 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Neighborhood Unit 2-25, Neighborhood Unit 2-27, Neighborhood Unit 6-02, Neighborhood Unit 6-22, Neighborhood Unit 3-39, and Neighborhood Park Unit 6-34 projects, within the PARD Dedication Fees Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the PARD Dedication Fees Fund for the 22 Bond Coventry Hills Park, 22 Bond Mosier Valley Park, and 22 Bond Timberland Park projects to support the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. TO � Fund FROM � Fund Department Account Project Program Activity Budget Reference # I Amount ID ID , Year (Chartfield 2) Department Account Project Program Activity Budget � Reference # I Amount ID ID Year i(Chartfield 2) � Submitted for Citv Manaaer's Office bv: Oriqinatinq Department Head: Additional Information Contact: ATTACHMENTS Dana Burghdoff (8018) Dave Lewis (5717) Joel McElhany (5745) http://apps.cfwnet.org/council packet/mc review.asp?ID=33997&councildate=l2/9/2025 1/7/2026 M&C Review Page 4 of 4 1295 Form - Fort Worth Parks.pdf (CFW Internal) 8000VENTRY HILLS, MOSIER VALLEY, AND TIMBERLAND PARK IMPROVEME FundsAvailabilitv.pdf (CFW Internal) 8000VENTRY HILLS, MOSIER VALLEY, AND TIMBERLAND PARK IMPROVEMENT.xlsx (CFW Internal) Location Maps - Coventrv. Mosier and Timberland.pdf (Public) ORD.APP 8000VENTRY HILLS. MOSIER VALLEY. AND TIMBERLAND PARK IMPROVEME(R21.docx (Public) http://apps.cfwnet.org/council packet/mc review.asp?ID=33997&councildate=l2/9/2025 1/7/2026 CERTIFICATE OF INTERESTED PARTIES Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. NORTHSTAR CONSTRUCTION, LLC Keller, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth FORM 1295 1 of 1 OFFICE USE ONLY � CERTIFICATION OF FILING Certificate Number: 2025-1375160 Date Filed: 10/09/2025 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. CPN 104695, 104697, 104700 Conventry Hills, Mosier Valley & Timberland Park Improvements Nature ofinterest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Heimlich, Michael Keller, TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Michael A. Heimlich My aadress is 1230 Oak Trail ❑� , and my date of birth is , Keller ��tv> TX 76262 USA (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of Texas , on the9th day of OCtOb@1" 20 25 (month) (year) `' �� ✓"W//t.f/[' ��Yifit�vt /�'W�f Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.O.f10dOfd8 R'.�C�T . �[rl'�:� Coventry Hills, Mosier Valley and Timberland Park Improvements City Project No. 104695 104697,104700 8/5/2025 TO ALL BIDDERS: This addendum is informational. Some of the events hadn't been published on the project page. We now have them loaded on Bonfire. The events include advertisement dates, pre-bid meeting, last day to submit questions, bid opening date and intent to bid due date. End of Addendum#1 Bid Opening Date: September 4t" at 2pm. Acknowledge the receipt of this Addendum on your proposal. By: Seth Henry Landscape Architect seth. henry@fortworthtexas.gov Release Date: 8/5/2025 _ • C'.C�'iT . �[rl' i�►� Coventry Hills, Mosier Valley and Timberland Park Improvements City Project No. 104695 104697,104700 8/14/2025 TO ALL BIDDERS: This addendum provides updates to the bid form for the project. proposal items for Mosier Valley Park, adds specifications for Wire and Fence Gates, adds a Geotech report and removes diversity contract requirements. See below for further details. Specification Table of Contents: REMOVEAND REPLACEtable of contents(TOC) with new TOC sheets. Proposal Form Excel File for Mosier Valley Park: REMOVEAND REPLACEexcel file for Mosier Valley Park Proposal Form. Section 00 41 00 Bid Form: REMOVEAND REPLACEthis specification in the project manual. Section 00 45 00 Business Equity Goal: REMOVEthis section from the specification book. The diversity and inclusion program has been suspended by the Fort Worth City Council on August 5th, 2025. MWBE goals are no longer applicable to this project. Section 32 31 26 Wire Fences and Gates: ADDthis specification to the project manual. Geotech Report: ADDthe Geotech report to the project manual. Playground Equipment Schedule on sheets L152, L242, L341: ADDvendor for Gametime equipment to the equipment schedule — Cunningham Recreation 469-435-8922 General: Playgrounds may be accepted for maintenance after inspection and approval by the city prior to substantial completion. The other areas of the construction sites will remain under the contractor's responsibility to maintain until project final completion. Contractor may work on all sites at one time or complete them separately as they deem best to meet the schedule. SUBMITTAL REQUIREMENT,• FILL OUT AND SUBMIT THE TAB 00 42 43 PROPOSAL FORM AS ELECTRONIC EXCEL FILES FOR EACH OF THE THREE PARKSITES, THEASSOCIA TED FILESARE lNSERTED lN BONFIREAND NAMED BYPROJECT SITE, End of Addendum# 2 Bid Opening Date: September 4t" at 2pm. Acknowledge the receipt of this Addendum on your proposal. By: Seth Henry Landscape Architect seth.henry@fortworthtexas.gov Release Date: 8/14/2025 _ • C'.C�'iT . �[rl' i�� Coventry Hills, Mosier Valley and Timberland Park Improvements City Project No. 104695 104697,104700 8/22/2025 TO ALLBIDDERS: This addendum removes prequalification requirements for the project and posts the prebid sign-in sheet to Bonfire. Specification Table of Contents: REMOVEAND REPLACEtable of contents(TOC) with new TOC sheets. The new TOC removes sections related to Prequalification. Section 00 11 13 Invitation to Bidders: REMOVEAND REPLACEthis section. The section includes updates to remove the prequalification requirements Section 00 21 13 Instructions to Bidders: REMOVEAND REPLACEthis section. The section includes updates to remove the prequalification requirements Section 00 45 11 Bidders Prequalifications: REMOVEthis specification section. Section 00 45 12 Prequalification Statement: REMOVEthis specification section. Section 00 45 13 Prequalification Application: REMOVEthis specification section. End of Addendum#3 Bid Opening Date: September 4th at 2pm. Acknowledge the receipt of this Addendum on your proposal. By: Seth Henry Landscape Architect seth. hen ry@fortworthtexas.gov Release Date: 8/22/2025 _ • r C�'iT . �[rl' i�:�J Coventry Hills, Mosier Valley and Timberland Park Improvements City Project No. 104695 104697,104700 8/28/2025 TO ALLBIDDERS: This addendum adds missing grading sheets to the Coventry Hills Park documents. Plan Set: Add sheets L130, L140, L 141, L142, L143, L144 to the plan set. End of Addendum#4 Bid Opening Date: September 4t" at 2pm. Acknowledge the receipt of this Addendum on your proposal. By: Seth Henry Landscape Architect seth. henry@fortworthtexas.gov Release Date: 8/28/2025 s • r C�'iT . �[TI' i�� Coventry Hills, Mosier Valley and Timberland Park Improvements City Project No. 104695 104697,104700 8/29/2025 TO ALLBIDDERS: This addendum replaces specifications that contained the wrong project name and project number. Plan Set: REPLACEspecification sections 00 43 13 Bid Bond, 00 61 13 Performance Bond, 00 61 14 Payment Bond, and 00 61 19 Maintenance Bond with new specification sections that are attached. End of Addendum#5 Bid Opening Date: September 4t" at 2pm. Acknowledge the receipt of this Addendum on your proposal. By: Seth Henry Landscape Architect seth. henry@fortworthtexas.gov Release Date: 8/29/2025 _ • r C�'iT . �[rl' i�:� Coventry Hills, Mosier Valley and Timberland Park Improvements City Project No. 104695 104697,104700 9/3/2025 TO ALLBIDDERS: This addendum replaces the proposal form for Mosier Valley Park and adjusts the date for the bid opening to September 11t" 2025. The proposal form is revised showing the quantity of 5" concrete pavement as 2,150 square yards. Bid Item for playground equipment on all park sites shall include the concrete edging into the lump sum. Specification section 00 42 43 Proposal Form: REPLACEspecification section 00 42 43 for Mosier Valley Park. Specification section 11 68 14 Playground Equipment: ADD "j. Concrete Edging" item to Part 1 General — 1.2 Price and Payment Procedures subsection A-3. Note: MWBE paperwork is no longer required with your bid proposal. End of Addendum#6 Bid Opening Date: September iit" at 2pm. Acknowledge the receipt of this Addendum on your proposal. By: Seth Henry Landscape Architect seth. hen ry@fortworthtexas.gov Release Date: 9/3/2025 00 11 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 11 13 1NVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of Coventry Hills, Mosier Valley, and Timberland Parks Improvements ("Project") will be received by the City of Fort Worth via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project unti12:00 P.M. CST, Thursday, September 4, 2025. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the iile(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non-responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement spec�cations cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Timberland Parks Improvements Revised 2/08/24 104695, 104697, 104700 00 11 13 INVITATION TO BIDDERS Page 2 of 3 To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: New park improvements including: Site and vegetation clearing, 3 playgrounds, 4,060 Sq Yd of concrete, a Multi-Sport Court, and Site furnishings E�tar�2 'rintr.- :»«g. '�'1��-�e�� ft�t�,`��► an,a � o „i;�;,.,,�:,.., „ o .,�i:�o,� ;r �i,e co,.�;,,., � „�n0 �1 1? II`I�r',.�1'T� DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab—openOpportunities, under the respective Project. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: August 14ti', 2025 TIME: 2:00 pm Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Timberland Parks Improvements Revised 2/08/24 104695, 104697, 104700 00 11 13 INVITATION TO BIDDERS Page 3 of 3 City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds and reserved by the City for the Project. ADVERTISEMENT DATES July 30th, 2025 August 6te, 2025 END OF SECTION CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Timberland Parks Improvements Revised 2/08/24 104695, 104697, 104700 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 21 13 INSTRUCTIONS TO BIDDERS 1. Defned Terms 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defned in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.21.Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2.Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.23.Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Qualification of Bidders (Prime Contractors and Subcontractors) +- �';�a�t�n ac�sF�ee�er�s-90 'I ` 1 ] �� . I�''. 5�t�z il+L�illrY.6 ��t�Y., YtlaCt �„ti.�.;� ��„ a,,,,,,,,,,,,,�„�;,.� :a„�.:�:,,a ;� c,.,.�:,,,. nn n c i i �� 1 E 13 ?1D.� ^��:�.�• �LZ�ti pi^i , ' , c��ai:�o. Th� „'��+��+�� ,;�+�3 l��/ a �l�e�-e�-90 1E ''' n�uct ��. fiaL,.....�..,.,.�,.,.., ,�. ,,.� � >>,..., ��.,, ,. � tir�raln„ Il�,�uali ��l�r L� :�� C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 21 13 INSTRUCTIONS TO BIDDERS � . � . � . �I:-H�,. D o 0 0..�� ,a,. o..r 1,.,...�o,l .,�: Page 2 of 9 L.��,�.�.//...-...� F ,-�.,,,,,-�L,ro.,..� ,. ../D.-,,:��rAo�,.,,.-,.o�/Do�.,,,,-..o�D/l170%'1!1 0/7viv c0 Y�tl\.l�tl..,-.0%'� 11Tl....,,,�. o.�,�.. /(`..,-.�.-.,..�...-0%'� 11D,-o.,,,., l; F; .,.,�:..,,. /TD�x 70%')l1D.,..;,-..' oi � n�,.„+...,,.+,...oi � nn..o,,,, ,, i:�,... �: �� oi � nn..,.,...,..., inn � qr ,i'1.T I.FZr' ^-rrnl.roi � nn � n JIP_51�45I�'T�o/�n�nnoi�nnn��il.rroi�nrni.r-ry nrrrnnc �a� ._ ._ ._ h��r�•ii,.�r� � .-�.,,,.,-�t,ro.,,.� , .,iv,-,,;o,.+uo�,,,,,-„o�ino�,,,,,-„o�D/l170%7!1 0 0 0 0 .,oi�n„�,aoi�nno,�o��,.;,,roi�nr ;�t,�;�,.oi�nn..o,,.,,,i;�;,,,,�;,,�oi�no,.,,,�,.,,,,,i�''.,P_J.�T�, �9�,-��I-IT°/'?nnn �nr r n i oi �nn �Q�il"1T�,1�� . . . ✓»� P.,, . 0 oi �nr„��...,,,.�:,,..oi �fl'��:,L�`t�3�s��H��,�t,...oi �no..,,,,,,,.i:�,..,�:,,,, i�a�,.�,,..oi ��J�n�°/ `' ��7.l1iiQ1�'oi �n�,..,,,.-o%�nn�Pli11.`\."�,...o%�n�.-,,,,,,,.I:�:,..,�:,.�oi �n�.-,.,..,,.... /�x�a coi �n�..o .,ioi�n,.o,,..:..o,�,o�� ,a� 3�. �u�;�r ' , 'fisd, �t�ac� � , LT� /�/�1�4 � 1D.� . �7.'.. �1�T1YLU. d '!:1 �l�'�`�7� 3 3. The City reserves the right to require any contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. , ■. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.1.Sha11 examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City ar any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2.Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.13.Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4.Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.S.Is advised that the Contract Documents on iile with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and ofiicially promulgated addenda thereto, shall be binding upon the City. 4.1.6.Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7.Sha11 determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima-facie evidence that the Bidder has made the investigations, examinations and tests herein required. C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.1.8.Sha11 promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.9. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2. ].those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2.those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.23.copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 43. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste ar Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 5. Availability of Lands for Work, Etc. 5. L The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identifed in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, andlor permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the proj ect. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clar�cations will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 63. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal https://fortworthtexas. bonfirehub.com/portal/?tab=openOpportun ities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATiON TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached ar equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satis�ed. If the Successful Bidder fails to eXecute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Ageement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.OSA., 6.OSB. and 6.OSC. of the General Conditions and is supplemented in Section O1 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non-responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrarv.amle�al.com/codes/ftworth/latest/ftworth t�0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the iirm and the ofiicial address of the %rm shall be shown. 12.6. 12.7. 12.8. 12.9. Bids by individuals shall show the Bidder's name and ofiicial address. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. All names shall be typed ar printed in ink below the signature. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal https://fot-tworthtexas. bonfirehub.com/portal/?tab=openOvportunities. C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalifrcation requirements, City may consider the qualiiications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at htt s��.//www.ethics.state.tx.us/data/forms/1295/1295.�f 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION C[TY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPEC[FICAT[ON DOCUMENT Timberland Parks Improvements Revised/Updated 1/17/24 104695, 104697, ]04700 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) httqs://www.eth ics. state.tx. us/data/forms/conflict/CIS. pdf ❑ ❑ � ❑ ❑ 0 BIDDER: CIQ Form does not apply CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary By: Kennet Williamson Signature: • �� Title: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 President 00 41 00 Bid Proposal Workbook-Coventry Bid Form (1) 0o ai o0 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: City Project No. Units/Sections: Coventry Hills, Mosier Valley, & Timberland Parks Improvements 104695,104697,104700 UNIT 1 BASE BID ITEM - Coventry Hills Park UNIT 2 BASE BID ITEM - Mosier Valley Park UNIT 3 BASE BID ITEM - Timberland Park 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 Bid Proposal Workbook-Mosier Valley Bid Form (2) 00 41 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. - b. - c. - d. - e. - f. - g. - h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 Bid Proposal Workbook-Mosier Valley Bid Form (2) 00 41 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items <use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete Alternate Bid <use this if applicable, otherwise delete> Deductive Alternate<use this if applicable, otherwise Additive Alternate <use this if applicable, otherwise Total Bid 7. Bid Submittal This Bid is submitted on $1,540,247.94 $0.00 $0.00 $323,166.50 $1,863,414.45 by the entity named below. Respectfully s bmitted, B �� Y: ��=✓ ' (Signature) Kenneth Williamson (Printed Name) Receipt is acknowledged of the following Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Addendum No. 5: Addendum No. 6: Title: President Company: North Rock Construction & Asscoiates LLC Corporate Seal: Address: 5501 Fishtrap Road, Suite 331 Denton, TX 76208 State of Incorporation: Texas Email: kwilliamson@nrockconstruction.com Phone: 940-783-0766 END OF SECTION Initial �/ 1~ �� Y� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 Bid Proposal Workbook-Mosier Valley Bid Form (2) 00 42 43 BRJ PROPOSAi. Yegc 1 0l 7 UNIT PRICE BID Unit 1- �oventry Hills Park Bidlist Item . . No Descnpnon 1 Mobilization 2 Construction Staking 3 8" Concrete Twndown 4 Handrail 5 4" Pipe Underdrain, Type 5 G Benches 7 Litter Rece tacles 8 Playgroun�Equipmen[ 9 Wood Fiber Playgrouvd Surfacing 10 Site Clearing 11 6" - 12" Tree Removal 12 12" - 18" Tree Removal 13 Borzow by Delivery 14 Erosion avd Sediment Control 15 SWPPP 16 Rip Rap 17 Barrier Free Ramp, Type M-1 18 Barrier Free Ramp, Type P-2 19 5" Concrete Pavement 20 Concrete Pavinp� Joivt Sealavts 21 3" Depth Topsoil 23 Bermuda Grass Seedin�, Broadcast 23 24 25 26 27 28 29 30 31 32 Alterna[e A - A1 A2 A4 Sub-Total Alternative A Alternate B - B1 IB2 SECTION 00 42 43 PROPOSALFORM Bidder's Application Project item information Specifica[ion Unitof Bid Section No Measure Qi�antity O1 70 00 LS 1 O1 71 23 LS 1 03 30 00 SF 120 OS 52 20 LF 40 11 66 12 LF 121 11 67 13 EA 9 11 67 13 EA 3 11 68 14 LS 1 11 69 IS LS 1 31 10 00 LS 1 31 10 00 EA 1 31 10 00 EA 1 31 23 16 CY 2 31 25 00 LS 1 31 25 00 LS 1 313700 SQYD IS 32 13 20 EA 1 32 13 20 EA 1 32 13 20 SQYD 3,310 32 13 73 LF 645 32 91 19 CY 10 32 92 14 SQYD 1,002 Bidder's Proposal Unit Price $26,992.75 $2,812J7 $26.69 $174.00 $27.46 $2,333.89 $1,580.90 $171,800.64 $20,566.80 $21,966.70 $1,783.31 $1,840.73 $392.86 $12.222.83 $1,276.00 $181.31 $2,405.64 $2,834.84 $97.70 $1.93 $123.58 $0.49 Bid Value $26,992.75 $2,812.77 $3,202.80 $6,960.00 $3,322.66 $21,005.01 $4,742.70 $171,800.64 $20,566.80 $21,966.70 $1,783.31 $1,840.73 $785.72 $12.222.83 $1,276.00 $2,719.65 $2,405.64 $2.834.84 $323,387.00 $1.244.85 $1,235.80 $490.98 �ub-Total Uni� 1- $635,600.18 � Sub-Total Alternative B� *Total 1= Sub-Total Unit 1+ Sub-Total Altemative A: $ *Total 2= Sub-Total Unit 1+ Sub-Total Altemative B: $ *Note�. The Ciry Reserves the cight to select either Total l or Total 2. (:fl'Y Ol' I�OR'1' WUR'lll STANDARD CONSTRIICTiON SPF.CIF[CATION DOCIJMF.NTS Rw�s'u19/30/2021 00410013idYmposul Wod:M1ook-l'ovcnlry 00 42 43 BRJ PROPOSAi. Yegc 1 0l 7 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Project item information Uni[ 2 -Mosier Valley Park Bidlist Item . . No Descnpnon 1 Mobilization 2 Construction Staking 3 Fence Removal 4 Concrete Stairs 5 Havdrails 6 4" Pipe Underdrain, Type 5 7 Picnic Tables 8 Benches 9 Litter Rece tacles 10 Playgroun�Equipmen[ 11 Wood Fiber Playground Surfacing 12 Site Clearing 13 6" - 12" Tree Removal 14 12" - 18" Tree Removal 15 Erosion and Sediment Control 16 SWPPP 17 Barrier Free Ramp, Type M-1 18 5" Concrete Pavement 19 Concrete Paving Joint Sealants 20 Wire Fence 21 3" Depth Topsoil 23 Bermuda Grass Seedin�, Broadcast Bidder's Application 23 24 25 26 27 28 29 30 31 32 Specifica[ion Unitof Bid Section No Measure Qi�antity O1 70 00 LS 1 O1 71 23 LS 1 02 41 li LF 550 03 30 00 EA 1 OS 52 20 LF 106 11 66 12 LF 143 11 67 13 EA 3 11 67 13 EA 5 11 67 13 EA 2 11 68 14 LS 1 11 69 IS LS 1 31 10 00 LS 1 31 10 00 EA 17 31 10 00 EA 1 31 25 00 LS 1 31 25 00 LS 1 32 13 20 EA 1 32 13 20 SQYD 2,150 32 13 73 LF 585 32 31 26 LF 228 32 91 19 CY 11 32 92 14 SQYD 1,570 Bidder's Proposal Unit Price $27,017.85 $2,812J7 $2.85 $6,473.54 $139.20 $27.46 $2,468.23 $2,333.90 $1,580.97 $171,800.64 $20,566.80 $11,323.33 $1.78329 $1,840.73 $43,799.54 $928.00 $2,405.64 $97.70 $1.93 $11.34 $123.58 $0.49 Bid Value $27,017.85 $2,812.77 $1,567.50 $6,473.54 $14,755.20 $3.926.78 $7,404.69 $11,669.50 $3,161.94 $171,800.64 $20,566.80 $11,323.33 $30,315.93 $1,840.73 $43,799.54 $928.00 $2,405.64 $210,055.00 $1,129.05 $2.585.52 $1,359.38 $769.30 �ub-Total Uni� 1 - $577,668.63 Alterna[e A- Parking Lot Addition A1 7" �oncrete Pavement - Parking Lot 32 13 13 SQYD 411 $13271 $54,543.81 A2 6" Concrete Curb and Gutter 32 16 13 LF 91 $2771 $2,521.61 A4 Precast Concre[e Wlieel Stops 03 42 00 EA 10 $136.26 $1,362.60 A3 6" SLD Pavement Markin� Tape (W) - ParkinQ Lot 32 17 23 LF 180 $� �•$ � $2,320.20 Sub-Total Alternative A - $60,74812 Alternate B - Fitness Starions Bl �Fitness Stalions � 11 68 50 � LS � 1 � ��5,923.54� $125,923.54J Sub-Total Alternative - $125,923.5�� Alternate C - Multi-Sport Court Cl 12' Chain Link Fence and Gates 32 31 13 LF 248 $208.99 $51,829.52 C2 5" Concrete Pavement 32 13 30 SQYD 446 $96.18 $42,896.28 CS 12" Concrete Turndown-Multi-Sport Court 03 30 00 SF 384 $49.82 $19,130.88 C4 Multi-S�ort Coivt Post & Net 11 67 30 EA 1 $4,176.00 $4,176.00 CS �2" Multi-Sport Court Pavement Marldngs 32 17 23 LF 573 $3��7 $18,462.06 Sub-Total Alternative B - $136,494.74 *Total 1= Sub-Total Uvit 1+ Sub-Total Altemative A: $ �63s.4�6 s5 *Total 2= Sub-Total Unit 1+ Sub-Total Altemative B: $ �7o3.5ez �7 *Total3 = Sub-Total Unit 1+ Sub-Total Alternative C: $ ��i4.i633� *Note� The Ciry Reserves the right to select eitlier Total 1, Total 2 0� Total 3. (:fl'Y Ol' I�OR'1' WUR'lll STANDARD CONSTRIICTiON SPF.CIF[CATION DOCIJMF.NTS Rw�s'u19/30/2021 41 OO 13�d Ymposel Wod:600k-Mos�ur Vellcy 00 42 43 BRJ PROPOSAi. Yegc 1 0l 7 UNIT PRICE BID Unit 3 - Timberland Park Bidlist Item . . No Descnpnon 1 Mobilization 2 Construction Staking 3 4" Pipe Underdrain, Type 5 4 Benches 5 Litter Receptacle 6 Playground Equipment 7 Wood Fiber Playgrouvd Surfacing 8 Site Clearing 9 SWPPP 10 Erosion and Sedimen[ Control 11 5" Concrere Pavement 12 Barrier Free Ramp, Type M-1 13 Concrere Paving Joint Sealants 14 Unclassified Excavation by Plan 15 Bermuda Grass Seeding, Broadcast 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Alterna[e A - A1 A2 A4 Sub-Total Alternative A Alternate B - B1 B2 SECTION 00 42 43 PROPOSALFORM Bidder's Application Project item information Specifica[ion Unitof Bid Section No Measure Qi�antity O1 70 00 LS 1 O1 71 23 LS 1 11 66 12 LF 132 11 67 13 EA 2 11 67 13 EA 1 11 68 14 LS 1 11 69 15 LS 1 31 10 00 LS 1 31 25 00 LS 1 31 25 00 LS 1 32 13 20 SQYD 165 32 13 20 EA 1 32 13 73 LF 167 312316 CY 4,260 32 92 14 SQYD 4,656 Bidder's Proposal Unit Price $27,017.85 $2,812J7 $27.46 $2,333.99 $1,580.77 $171,800.64 $20,566.80 $9,029.44 $1,276.00 $6,380.00 $72.17 $2,405.64 $1.93 $14.38 $0.50 Bid Value $27,017.85 $2,812.77 $3,624.72 $4,667.98 $1,580.77 $171,800.64 $20,566.80 $9,029.44 $1,276.00 $6,380.00 $11,908.05 $2,405.64 $322.31 $61,258.80 $2,328.00 iub-Total Unit 1- $326,979.77 � Sub-Total Alternative BI *Total 1= Sub-Total Unit 1+ Sub-Total Alternative A: $ *Total 2= Sub-Total Unit 1+ Sub-Total Alternative B: $ *Note: The Ciry Reserves the �ight to select either Total l or Total 2. (:fl'Y Ol' I�OR'1' WUR'lll STANDARD CONSTRIICTiON SPF.CIF[CATION DOCIJMF.NTS Rw�s'u19/30/2021 41 OO 13�d Ymposel wod:600A-C�mbc lund 00 43 13 BID BOND Page 1 of 2 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, NoRh Rock Construction & Associates, LLC , known as "Bidder" herein and westfield Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as Coventry Hills, Mosier Valley, & Timberland Parks Improvements NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 4th day of September , 2025. PRINCI PAL: North Rock Construction & Associates, LLC ATTEST: Witness to Principal BY: ��i%fil' � _ Signature •11�ar�so�- ��,s;��- Name and Title CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 3-00 41 00 Bid Proposal Workbook-Timberland Bid Form 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SEC710N 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nanresident bidders in order for your bid to meet specifications. The failure af nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. �] BIDDER: By: �.`it . � (Signature) Title: Date: 12/16/2025 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 00 41 00 Bid Proposal Workbook 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS Summary. A Bidder or their designated subcontractors are required to be prequali�ed o ave applied for prequalification by the City for the work types requiring prequalificat' 'or to submitting bids. To be considered for award of contract the Bidder must sub t Se 'on 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) list with their 'd. Any contractor or subcontractor who is not prequalified for the work t e(s) listed must s mit Section 00 45 13, PREQUALIFICATION APPLICATION in ac rdance with the requi ents below. The information must be submitted seven (7) d prior to the date of the ening of bids. Subcontractors must follow the same timeli as contractors for obtaining equalification review. Bidders or Subcontractors who a not prequali�ed at the time bids a opened and reviewed may cause the bid to be reject . The prequalification cess will establish a bid limit based on technical evaluation and financial analysis of the ontractor. For example, a contracto ishing to submit bids on projects to be opened on t 7th of April must file the info ation by the 31st day of March in order to eligible to work these projects. In order to cilitate the approval of a Bidder's Prequalification Application, e following must acco any the submission. a. A complete set of audit or reviewed fina al statements. (1) Classified Ba ce Sheet (2) Income Statem (3) Statement of Cas (4) Statement of Ret� (5) Notes to the Fina b. A certi�ed copy of the iirm's of Incorporation, Articles of tatements, if any � tional documents (Corporate Charter, Articles �a n, Certificate of Formation, LLC Regulations, and Certifica of Limited rtnership Agreement). c. A completed Bidder Pre alification App ation. (1) The firm' exas Taxpayer lden � ication Number as issued by the Texas Comptrolle f Public Accounts. To o in a Texas Taxpayer ldentification number v� t the TeXas Comptroller of P lic Accounts online at the followi web address www.window.state. .us/taxbermit/ and fill out the appli ion to apply for your Texas tax ID. (2) he firm's e-mail address and fax numbe . (3) The firm's DLTNS number as issued by Dun Bradstreet. This number s used by the City for required reporting on Feder Aid projects. The DUNS number may be obtained at www.dnb.com. d. Re mes reflecting the construction experience of the principle of the firm for firms mitting their initial prequalification. These resumes should in de the size and cope of the work performed. Other information as requested by the Ciry. 2. equalification Requirements \ a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a ce� be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 Coventry Hills, Mosier Vall & Timberland Parks Improvemei 104695, 104697, 104700 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas Sta Board of Public Accountancy. (3) The accounting firm should state in the audit report ar review whet r the contractor is an individual, corporation, or limited liability co pany. (4) Financial Statements must be presented in U.S. dollars at the c ent rate of exchange of the Balance Sheet date. ) The City will not recognize any certified public accountan s independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements the contracting mpany should state that the audit or review has b conducted in a ordance with auditing standards generally acc ed in the United Sta of America. This must be stated in the ac unting firm's opinion. It sho d: (1) express an unqualif'ied opinion, (2) express a qualified opinion the statements taken as a whole. (7) The City erves the right to require a n statement at any time. (8) The financi tatement must be prepar as of the last day of any month, not more than e year old and must e on file with the City 16 months thereafter in ac dance with Par aph 1. (9) (10) , The Ciry will dete i of awarding contrac positive net working c liabilities) by a factor net working capital pc prequalification purpc In the case that a bi statement is bein re e a contra or's bidding capacity for the purposes Biddin apaciry is determined by multiplying the ital orking capital= current assets — current > . Only those statements reflecting a positive ;� o will be considered satisfactory for date ls within the time a new fmancial ;d, the�evious statement shall be updated with proper veritica n. b. Bidder Prequalifzcation plication. A Bidder P ualification Application must be submitted along with a ited or reviewed financial atements by firms wishing to be eligible to bid on all sses of construction and main ance projects. Incomplete Applications will rejected. (1) In t, e schedules where there is nothing to r ort, the notation of " ne" or "N/A" should be inserted. (2) minimum of five (5) references of related wor ust be provided. (3) Submission of an equipment schedule which indica equipment under the control of the Contractor and which is related to t type of work for which the Contactor is seeking prequalification. The sc dule must include the manufacturer, model and general common de iption of each piece of equipment. Abbreviations or means of descri g equipment other than provided above will not be accepted. 3. Eli ility for Award of Contract a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Coventry Hills, Mosier Valley, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised August 13, 2021 104695, 104697, 104700 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractar has a valid prequalification letter, the contractar will be eligible to 2 perform the prequali�ed wark types until the expiration date stated in the letter. 3 8 \ END OF SECTION CITY OF FORT WORTH Coventry Hills, Mosier Valley,� STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised August 13, 2021 104695, 104697, 104700 00 45 12 - 1 PREQUALIFICATION STATEMENT Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SECTION 00 45 12 PREQUALIFICATION STATEMENT Bidder for a City procurement is required to complete the information below identifying tl� prequalified contractors and/or subcontractors whom they intend to utilize � major work ty�(s) listed. � Major Work Type Pedestrian Lighting /Subcontractor Company Name The undersigned hereby c the table above are currently preq� BIDDER: Company Address City/State/Zip that the contractors �for the work types Title: Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 30, 2021 Prequalifi tion Expirat' Date the subcontractors described in (Please Print) Print) Coventry Hills, Mosier Valley, & Timberland Parks Improvements 104695, 104697, 104700 F�RT ��RTI��} \ Date of Balari\e Sheet Name under which you wish Post Office Box Street Address (required) ( ) Telephone SECTION 00 45 13 PREQUALIFICATION APPLICATION Mark only onc: ! Individual Limited P nership Genera artnership Corp ation Li ited Liability Company State City ( State exas Taxpayer ldentification No. Federal Employers Identification No. DLTNS Na (if applicable) Zip Code Zip Code EmaiUmail th� questionnaire along with financial statements to the appropriate group belo A separate submittal is required for water/sewer, paving, and lighting: Work Category— Wat Dept - Water/sewer Work Category— TPW Paving Work Category— TP d/Rdwy Lighting john.kasavich@ WorthTcxas.gov TPW_Yrequalification�r�,fortworthtexas.gov dint.hoover@fortworth as.gov Fort Worth Water epartment Engineering and City of Fort Worth Transportation and Public City of Fort Worth TPW T sportation Fiscal Service ivision 200 Texas St. Fort Warks Dept. 3741 SW Loop 820, Fort Worth, Management Attn: Clint Hoovc P.E. 5001 orth, TX 76102 TX 76133 Attn: Alicia Garcia James Ave. Fort Worth, TX 15 �Financial Statements must be mailed. Mark the envelope: `Bidder Prequalification Application" 00 45 13 - 2 BIDDER PREQUALIFICATION APPLICATION Page 2 0�8 BUSINESS CLASSIFICATION e following should be completed in order that we may properly classify your firm: ( ck the block(s) which are applicable — Block 3 is to be left blank if Block 1 and/or Block � Has f�er than 100 employees � Has less tha $6,000,000.00 in annual gross receipts OR � Does not meet th riteria for being designated a small business as 2006.001 of the Tex Government Code. The classification of your firr�s a small or large business is not a become prequalified. � in Section in determining eligibility to Select major work categories for whi you would like to be p qualified (City may deem you are not qualified for selected category or ma pprove you at a 1 ser size/length and maximum size may not be listed specifically under a major ork category)• MAJOR � Water Department _ Augur Boring - 24-inch diameter casing an es _ Augur Boring - Greater than 24-inch dia er cas _ Tunneling — 36-Inches — 60 —inches, a 50 LF or _ Tunneling - 36-Inches — 60 —inches, d greater than _ Tunneling — 66" and greater, 350 and greater Tunneling — 66" and greater 35 F or Less TEGORIES and greater LF � Cathodic Protection Water Distribution, Develop ent, 8-inch diameter and smaller Water Distribution, Urba nd Renewal, 8-inch diameter and sma r Water Distribution, Dev opment, 12-inch diameter and smaller Water Distribution, U an and Renewal, 12-inch diameter and smaller Water Transmissio evelopment, 24-inches and smaller Water Transmiss' n, Urban/Renewal, 24-inches and smaller _ Water Transm' ion, Development, 42-inches and smaller Water Trans ission, Urban/Renewal, 42-inches and smaller _ Water Tra mission, Development, All Sizes Water T nsmission, Urban/Renewal, All Sizes _ Sewe ypass Pumping, 18-inches and smaller _ Se Bypass Pumping, 18-inches — 36-inches S er Bypass Pumping 42-inches and larger CTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CiTY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised August 13, 2021 104695, 104697, 104700 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED TV, 42-inches and smaller C V, 48-inches and smaller Sew CIPP, 12-inches and smaller Sewer PP, 24-inches and smaller Sewer C , 42-inches and smaller Sewer CIP 11 Sizes _ Sewer Collect System, Development, 8-inches and smaller _ Sewer Collectio ystem, Urban/Renewal, 8-inches and smaller _ Sewer Collection tem, Development, 12-inches and smaller _ Sewer Collection Sy m, Urban/Renewal, 12-inches and smaller _ Sewer Interceptors, De lopment, 24-inches and smaller _ Sewer Interceptors, Urba enewal, 24-inches and smaller _ Sewer Interceptors, Develo ent, 42-inches and smaller _ Sewer Interceptors, Urban/Re wal, 42-inches and smaller _ Sewer Interceptors, Developme 48-inches and smaller _ Sewer Interceptors, Urban/Renew 48-inches and sm er Sewer Pipe Enlargement 12-inches a smaller Sewer Pipe Enlargement 24-inches and aller Sewer Pipe Enlargement, All Sizes _ Sewer Cleaning , 24-inches and smaller _ Sewer Cleaning , 42-inches and smaller _ Sewer Cleaning , All Sizes _ Sewer Cleaning, 8-inches and smaller _ Sewer Cleaning, 12-inches and smalle _ Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less _ Sewer Siphons 42-inches or les � Sewer Siphons All Sizes ! Transportation Public W ks _ Asphalt Paving Constru on/Reconstruction (LESS THAN 15,000 uare yards) _ Asphalt Paving Constr tion/Reconstruction (15,000 square yards an REATER) _ Asphalt Paving Hea Maintenance (LTNDER $1,000,000) Asphalt Paving H vy Maintenance ($1,000,000 and OVER) _ Concrete Pavin onstruction/Reconstruction (LESS THAN 15,000 square ds)* _ Concrete Pav� g Construction/Reconstruction (15,000 square yards and GREA R)* � Roadway a Pedestrian Lighting NOTE *T re is not a prequalification requirement for installation of concrete sidewalk, b& gutter, d eways, and panel replacement, only on concrete street / ROW paving CiTY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised August 13, 2021 104695, 104697, 104700 00 45 13 - 4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting \ � DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years 1 name? List previous business 3. How many years of exp had: (a) As a General organization been in business as a general 4. �What projects has your organization co11 CLASS CONTRACT OF DATE AMOUNT WORK COMPLETED under your present work has your organization (b) A,�a Sub-Contractor: in Te s and elsewhere? �C ION NAME AND DETAILED � OUNTY- ADDRESS OF OFFICIAL TO TATE WHOM YOU REFER *If requalifying only show wo performed since last statement. 5. Have you ever failed to c plete any work awarded to you? If so, where and why? 6. Has any officer or wner of your organization ever been an officer of another complete a contra . If so, state the e of the individual, other organization and reason. that failed to 7. Has a� officer or owner of your organization ever failed to complete a contract executed in If s�state the name of the individual, name of owner and reason. CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised August 13, 2021 104695, 104697, 104700 00 45 13 - 5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 In what other lines of business are you iinancially interested? 9. Have u ever performed any work for the City? If so, when a to whom do you refer? 10. State names a detailed addresses of all producers from whom you have purchas principal materials during the t three years. I NAME OF FIRM O OMPANY DETAILED ADDR S 11. Give the names of any affiliates or relati currently d arred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the ncipal in �viduals in your organization? PRESENT MAGNITUDE POSITION O YEARS OF ND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, o cer, director, or stockholder of your firm is an employee of the Ci or shares the same household h a City employee, please list the name of the City employee and the ationship. In addition, list a City employee who is the spouse, child, or parent of an owner, officer, sto holder, or director who es not live in the same household but who receives care and assistance from t person as a direct res of a documented medical condition. This includes foster children or those related adoption marriage. �ITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised August 13, 2021 104695, 104697, 104700 00 45 13 - 6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 � CORPORATION BLOCK a corporation: i�e of Incorporation r/File No. Vice Pres PARTNERSHIP BLOCK If a partnership: State of Organization Date of organization Is partnership general, limited, or regis red limited liability partnership? File Na (if Limited Partnership) General Partners/Officers Secretary Treasurer LIMITED LIABILITY COMP If a corporation: \ State of Incorporation Date of arganization File No. Officers or Managers (with titles, if any) Except for limited partners, the signature authority for your fir authority for additional indiv' i corporate minutes, partner ip grants this authority. Limited P if applicable) authorized to sign for Partnership i ividuals listed in the bloc b unless otherwise advised. Sho ials, please attach a certified copy agreement, power of attorney or � BLOCK ve are presumed to have full you wish to grant signature the corporate resolution, h legal documentation which CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised August 13, 2021 104695, 104697, 104700 00 45 13 - 7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL ' ilar types of equipment may be lumped together. If your firm has more than 30 types of equipm yo ay show these 30 types and show the remainder as "various". The City, by allowing you to only types of equipment, reserves the right to request a complete, detailed list of all your equ' �r The equip ent list is a representation of equipment under the control of the firm and w the type of k for which the firm is seeking qualification. In the description include, model, and ge al common description of each. � ITEM QU 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Various- ITEM DESCRIPTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 related to sufacturer, �NCE SHEET VALUE TOTAL ' Coventry Hills, Mosier Valley, & Timberland Parks Improvements 104695, 104697, 104700 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 STATE � COUNTY The undersigne ereb entity herein frst e inducing the party to prepared the balance agency herein named is is in force, necessary to BIDDER PREQUALIFICATION AFFIDAVIT declares that the foregoing is a true statement of the as of the date herein first given; that this statement is �m it is submitted to award the submitter a contract; �et accompanying this report as well as any dep i �by authorized to supply each party with any i r�r er v said statement. , he/she is the of described in and which executed t foregoing statement tha entity showing its financial conditio • that the foregoing fin said entiry as of the date thereof that the answers Prequalification Application are correct d true as of the d Firm Name: Signature: Sworn to before me this day of N Notary Public Public cial condition of the the express purpose of that the accountant who y, vendor or any other on, while this statement being d sworn, deposes and says that , the entity t he/ e is familiar with the books of the said an 1 statement taken from the books of the the questions of the foregoing Bidder e of this affidavit. not be an officer, director, or stockholder or relative �ITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised August 13, 2021 104695, 104697, ]04700 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 105005. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CCiNTRACTOR: North Rock Construction & Associates LLC Company 5501 Fishtrap Road, Suite 331 Address Denton, TX 76208 City/State/Zip THE STATE OF TEXAS COi.TNTY OF TARRANT 0 � By: Kenneth Williamson (Pl�ase Print) Signature: �Yv�!� Title: President (Please Print) BEFORE ME, the undersigned authority, on this day persanally appeared Kenneth Wifliamson , 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 North Rock Construction & Associates LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIV UVDER MY HAND Ai SEAL OF OFFICE this l(�T V 1 day of ��Yl�� ( , 20� - � y P ic � an or the State of Texas END OF SECTION � ,�"""'��, JAIMIE LUCAS ��tPRY PU �� O: � �:� � Notary Public, State of Texas = 1:. ��r��r'Q, Comm. Expires 12-05-2026 ,� �•...-+_ '��, ��ti;;�` Notary ID 134090785 CIFY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Covenhy Hills, Mosier Valley, & Timberland Parks Improvements 104695, 1Q4697, 104700 00 45 40 - I Business Equiry G� Page I 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 SECTION 00 45 40 Business Equity Goal APPLI TION OF POLICY If the total llar value of the contract is $100,000 or more, then a Business Equity goal is licable. A Business uity Firm refers to certified Minority-, and/or Women-, owned Busi s Enterprises (M/WBEs). POLICY STATE� It is the policy of tl Firms when applic, stated in the Ciry's the City's Code of https ://codelibrarv. of Fort Worth to ensure the full and equitable partic the procurement of all goods and services. All requi �ss Eauitv Ordinance #25165-10-2021. (codified i es, as amended) and found online at: l. codes/ftworth/latest/ftworth �/0-0-0-225� BUSINESS EOUITY PROJE GOAL The City's Business Equity goal this proj ect is 4.90%_of the applies to Park & Recreation Depa ent). METHODS TO COMPLY WITH T� On City contracts where a Business Equi Business Equity Ordinance by meeting or ordinance through one of the following Business Equity prime contractor, 2. Bu of Business Equity prime services and Equity Joint Venture/Mentor-Protege p� contractor Waiver documentation. SUBMITTAL OF REOUIRED D( Required Business Equity documents, as day after the bid Close Date and Time. Messages > Vendor Discussions in the ] the required M/WBE documents. The message and send it through the Bonf� of Business Equity s and regulations �er 20, Article X of apply to this bid. bid value of the contract (Base bid GOAL Goal is applied, ferors are required to comply with the City's ceeding the ove stated goal or otherwise comply with the ne ods: 1. mmercially useful services performed by a sine Eq ' subcontracting participation, 3. Combination Busin quity subcontracting participation, 4. Business �rticip n, 5. Good Faith Effort documentation, or 6. Prime iCU1V� TATIO detail below, mustbe t Th pparent low bidder 3 fire Portal that will resl ified bidder must submit Portal by the deadline. tted no later than 2:00 PM on the 3rd business receive a message following the Close Date at these deadlines and direct the bidder to submit �equired documents as an attachment to the The Offeror must submit one r more of the following documents: 1. Utilization Form and etter(s) of Intent, if the goal is met or excee d; 2. Good Faith Effort F in and Utilization Form, including supporting cun is less than stated goal, no Business Equity participation is accomplished; 3. Prime Contract Waiver Form, including supporting documentation, if subcontracting/sup er opportunities; or 4. Joint Ventu /Mentor-Protege Form, if goal is met or exceeded with a J Protege partici ion. These for are available in the Appendix: • siness Equity Utilization Form and Letter of Intent • etter of Intent Business Equity Good Faith Effort Form FITY OF FORT WORTH STANDARD GONSTRUCTION SPECIFICATION DOCUMENTS Revised 03/07/2025 if participation Offeror will perform all Venture or Mentor- Coventry Hills, Mosier V y, & Timberland Parks Improve nts 104695,104697,104 0 004540-2 Business Equiry Go Page 2 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Business Equity Prime Contractor Waiver Form • usiness Equity Joint Venture Form FAILU TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE REOUIRE NTS OF THIS SE ON MAY RESULT IN THE BIDDER BEING DECLARED NON-RESPONSI AND THE BID REJECTED. FAILURE TO SU IT THE REOUIRED BUSINESS EOUITY DOCUMENTATIO ILL RESULT IN THE BIDDER BE DECLARED NON-RESPONSIVE, THE BID REJECTED D MAY SUBJECT THE BIDDER O SANCTIONS AS DESCRIBED IN SEC. 20-373 OF TH ORDINANCE. For Questions, Please the Business Equity Division of the Inclusion at (817) 392-2674. END OF SECTION / of Diversity and CITY OF FORT WORTH STANDARD CONSTRUCTION SP�CIFICATION DOCUMENTS Revised 03/07/2025 Coventry Hills, Mosier Vallej Timberland Parks Improvem 104695,104697,104 005243-1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on �ecember 9, 2025 , is made by and between the City of Fort WOI�Il, a Z'OXaS IlOrile rnle mnnicinalitv_ actino hv anrl thrnn h itc rinlv anthnri?erl (�.i� �/jariager� ("City"), and North Rock Construction & Associates, LLC , authorized to do busiuCss in i exa5, aciiu� �y auu inruu�i� iis uuiy auii�ori�eu representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identiiied herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Coventry Hills. Mosier T�allev. & Timberland Parks Improvements 10469�, 104697, 104699 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of °^e "^�"�°^ E�9h' "�^d�ed S�x�Y Th�ee Th°°sa^d F°�� "°^dred F�f�ee^ �°8"°° Dollars �$ 1,863,415.08 ). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 180 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) speci�ed in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Seven Hundred and Sevenlv Five Dollars ($775.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised.Iune 13.2025 Coventry Hills, Mosier Valley, & Timberland Parks Improvements 104695, 104697, 104700 00 52 43 - 2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Fortn (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affdavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemni�cation provision is suecificallv intended to onerate and be effective even if it is alle�ed or proven that all or some of the damages bein� sought were caused, in whole or in part, bv anv act, omission or negli�ence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOGUMENTS Timberland Parks Improvements Revised June 13, 2025 104695, 104697, 104700 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under tbis contract. This indemni�cation provision is specificallv intended to onerate and be effective even if it is alleged or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in part, bv anv act, omission or negli�ence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any iiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH oFFICIA� RECORD Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY SECRETARY Timberland Parks Improvements Revised June 13, 2025 Fr. woRrH, rx 104695, 104697, 104700 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the TeXas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written veriiication from the company that it: (] ) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or iirearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or �rearm trade association during the term of this Agreement. C�7��Cy1,1�:�X�%]:a�� C«] � i'�'i Xy:� � ��1:�'1 FT. WORTH, TX CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised.Iune 13, 2025 104695, 104697, 104700 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 farms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third-Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third-party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and eguipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on-site representatives ar otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. C�FFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOGUMENTS Timberland Parks Improvements Revised June 13, 2025 104695, 104697, 104700 00 52 43 - 6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: City of Fort Worth i �Gtl?Gi �GI��GlG�O� ��aa�.��dof��,a��. �E,,�„� r� By: � �/�orr . Signature Kenneth Williamson (Printed Name) CBDO Title 5501 Fish Trap Road, Suite 331 Address Denton, YX 76208 City/State/Zip O1/12/2026 Date Dana Burghdoff Assistant City Manager O1/24/2026 Date opfFONTlypd pae oppo e!`o .�v Attest: '° �� ° ,d �oaoa� a °°n6oEx oa �°- % -�-�x (.V'GfrEGR.i'f� �GR.UE�, Jannette Goodall, City Secretary (Seal) 25-1136 M&C: Date: 12/9/2025 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. _� �� Seth Henry Landscape Architect Approved as to Form and Legality: . � �o��s�i��k�_�� 3,�0��,»�s� �n Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: � � � �o �.-'� ,«� �SA � Dave Lewis, Director, Park & Recreation OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOGUMENTS Timberland Parks Improvements Revised June 13, 2025 104695, 104697, 104700 0061 !3-] P�RraRMnNCE BON� Page i of 2 SECTiON 00 61 13 PERFORMANCE �30ND Bond No. � � 41 []2'T THE STATE OF TEXAS § § KNOW ALL SY THESE PRESENTS: C�UNTY OF TARRANT § That we, North Rock Canstniction & Associates, ],!.(' ,�CnaZvn as "Prineipal" herein and Westfie3d Insurance C'ompam� , a cor�rate surety(sureties, if more than one) duly authorized to do business in the State of Texas, knotivn as "5ureh�" herein {whether ane or more}, are held and finnly bound unto the City of Fort Worth, a rnunicipal corporation creat�d pursuant to the laws of Texas, known as "City" herein, in the penal SU1T] Of, [hie Milhon Eight Hundred 5ixty Three Thnusand Four Hundred FiE�cen & 68.-100 Dnllars ($ �_863.�15.08 ), lawful maney of the Uniteci States, to be paid in Fort Worth, Tarrant County, T'exas for the payrrtent of which sum well and truly to be made, we bind oursel�es, our heirs, executors, administrators, successors and assigns,.jointly an� severally, firmly by these presents. WHEREAS, the Principal has entered inta a certain w°ritten contract with the City awarded lhe 9th dav of Decemb�r . 2O 25 , which Contract is hereby reCenred lo and made a part hereaf for al! purposes as if ful�y set forth herein, t� furnish a11 materials, equipment labor and othcr accessories defined by law, in the prosecution of the Work, including any Change Urders, as provided for in said Contract e�esignated as Coventry F-IiEls, Mosier Valley, & Timbcrland Parks Impro�emenls. CPN l04695, 144G9, and ]0470Q. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it abligations under the Contract and shall in all respects duly and faithfully perform the Wark, including Change Orders, under the Contract, accarding to the plans, specifications, and contract documents therein reterred to, and as weil during any period of extension of the Coniract that may he granted an the part of the City, then this obligation shall be and become null and ��oid, otherwise to remain in full Forcc and et�ect_ PROVIDED FURTHER, that if an}� �egal a�tion be tiled on this Bond, venue shall lic in "Tarrant County, Texas or the United States District Caurt for the Nnrthern District of Texas, Fort Worth llivision, CITY OC FORT WOKi'H Coventry Hills, fvfosier V'alley. & ST�Ai�"DAHL] CONS'TRUCTION SP�;CIFICAT](�1ti DOCL;MEV��.S �rimbcrland ParkslmprovemenYs Revised December S, 2023 104C9S, I[14h97, ]04700 0{l61 13-2 �'�R�[1Rh�iANCi: 13(7tiD Paec 2 ctif � Tl1is hond is ma�le and cxc�uted in compliance with thc provisinns c�f("hapter 2253 c�f the 1'exas Governme�it Cade, as amendcd, and all liabi[ities an this bc�i�c� shall bc dctcnnined in aecardance with thc provisions of said staluc. I'V WITNESS WHEREOF, the Principal �nd the Surety- have S1G'V�U and SEALED lhis Illfit!'lltZl�Ilt �V dt�ly authori�ed agents and �f�"icers on this the _�y�h �r� 2� .ATTES-C: {Principal) Secretary " " �� -O f itness � ta I'rincipal ,� K� 1ci�h C'iin' 1stiiFci�[e C'li4nt hlanxg�r. 5u � d�V of Ucccmb�r PRINCIPAI.: Nonii Rack ['nntifiuctinn �c �1ssc��iat�s. LLC BY: �V�� - 5 ianature �gi�il f 1 C,� �ll� � �� GW15 Or1 -�rtS ,�l 1A�1 � Name and Titie i5pl f is�ilra� It�l., tiuile 331 Drnton. I X 76208 SIfRFTY: �4'cstli�ld Insuran�cC'nmPan} Address: B Y: ` �--- - Si� 1 t iJ Jxv ,lurdan. Atlnrr�c�-ii�-I�act Name and Titic Address: �?5i Itid�c ftu�id. Sle ;33 Rock+��<sll. l'`i 7�if87 �f�elephcme Number: y'7?.772.722Q F.mail Address: 'ia�.iordail�ir�baldtisin.con� *N�te: If signcd b_y� an officer of the S�n�ety Company, there r77ust he on file a certilicd extract tro�n the by-laws sh�wing that lhis person has authority to 5i�r� sucli obligatio�l. [f Surety's physic�l adciress is difiterent from it5 mailin� address. both inusl be prot•ided. Tile date� of thc bond shal I not be prior to tE�e date the Caniract is awarded. Cfi'Y (�I� PORT' 1�'OR1�F1 C'rn-enzn' Hill�. Musier 4'allcy_ � ST:1VC7r1RI] Cf)N5'I Kl f('TION Sf'EL'll=1t'A'I I17� DI�CUMEN'i ti � imberlaad Parks fmprnvemenls I{eaiticcJ Decemt�cr M. ?i123 ]@4bUw. lii�b97. 1(177(ll! 0061 E4-] P.4YMF N"1 F3()N17 Pa�e ] uf 2 SECTION DO 61 14 PAYMENT BOND 8ond l�o. 514102T THE STATE OF TFXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, North Rack Construction Xc Associatcs, LLC' , knnwn as "Principal°' herein, and WC5t�e1C� Insura[�ce Company , g corporate surety (sureties), duly autl�Qrized to do business in the State of Texas, known as '`Surety" herein (whether one or more}, are held and firmly bound unto the City of �'art Wnrth, a municipal carporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal Su�77 pf t�ne U[illion Eigiit Hundred Sixty'Ihree'Tlinusa�zd Fnur Hundred Fiftean & 08�100 Do�lars ($ 1.863,415.OA ), IawfuE money of ihe llnited States, tn be paid in Fort Worth, Tarrant C"ounty, Texas, for ihe payrnent of which sum we11 and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jaintly and se�erally, firnaly by these presents: WHEREAS, Principal has entered into a cerlain written Contract with City, awarded the 9th day of I�cccmbcr , 20 25 , which Conlract is hereby referred t� and made a part hereof for a�l purposes as if fully sct forth herein, ta furnish all materials, equipment, labor and other accessories as detined by law, in the prosecution of the Work as pro�idcd for in said Gontract And designated as Coventry Hills, Mosier Valley, & Timberland Narks Improverr�ents, CPN 104695, iO4b9, and 104700. NOW, THEREFORE, TH� COND[TION OF 7'H15 OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary {as defined in Chapter 2253 of the Texas Go�ernment Code, as amended) in the prosecution of the Work under the Contract, then this obligatian sl�all bc and hecome null a�d r�oid; attserwise to remain in full force and effect. This bond is made and executed in compliance �vith the pra�tisions of Ghapter 2253 ofthe Texas Governmcnt Cade, as arnendcd, and all liabilities on this bond shall be �ietermined in accorcfance with t17e pro�isions of said skalute. C7TY OF FOR'f 4VORTII Covenlry 1[ilEs, Mlosicr Vallcy, & STANL7ART7 C'l�N5TRLrC'Tlt)N 5Pl-C'IFICATION DOC'UMFNT� Timberla��d Narks Impruvements Rcti'ised t)ecemher S, 2023 1U4G95, 104h97, 10�700 iin�� a-z PAti'MI�.N'I h3(1N1) Fae�• ? u[ 2 IN W1TN��S WHERE[?F, the I'rincipal and Surety ha<<e each SIGh�;i� ai�d SEnLED ihis iEtstr�iment by duly �uthori�ed agents and officcrs on this the ��th day oi� Dccrmher 2U �� , PRINCIP�IL: 'Vorl.h Rnck Construction 8r. Associales, LLC: ATTE51 : (Pr�ncipal) Secrctary f3Y: �%/.�C_�-. Signature Ir.e.f�il��h �r3 �Il:u�ryQr._ "Pf� s".��nt Namc aii�i Title /lddress: � - �.S�Mai'Dr itncss a. to Peincipal ATTEST: �1� (Surety) Secr`ctaiy � i� �«h crrti AssuCiaic ClicnL 1�Etint er. 5ul'c'i7' i�l}1 f ishtr�i�t Rd.. tiui�e 33 ] Denlon. TX 76248 ��I�f'TY: We�ttield I��urancc t�ompany B'�': +7� Signatu ,I�} .lordan, Attorne�-in-f=act Name and � itle ,�lddress: �?55 [Lidkc Road. St� 333 �ZFIC�N'�k��.'�'� ,�j�$� Tcicphone Number: �72.772.7�7�y Tlilat� f�t�l�Ct55: j�y.,jordanii,hz3lcltiain.�nm Note: If signcd b_y an ofFcer ofthe Surety. there must be on f le a c�rtiticd extract fi�om the bylaws showing that this person has ��uihorit�f to sig« such ohligation. if Surety's phy5ical address is diffej�ent f�'c�m its mailiilg addre:ss, both must be pro�rided. The date af the b��i7d s��al [ not be prior to the date thc Contract is awardcd. END OF SECTiON , , �' �+ ' , „, C'!'I'Y C3F f�(1k f V`'f7R'I i I Cover,try Hiils. 1�7:isier Valley. & ti fAI�DN2D CUNS {'Kl iCl ll)N SPEC'11=1(:�'TIOIti fX)Cl.i�11 N'I'S fimbcrland Purks Irnpro4cntcnt5 Rcvised bcccmbca' S_ 2023 lO�baS. !(ktG9?. I{1-77f111 0061l�-1 MA[NTENAN['F: RUhI) Nage 1 E�f 3 � 2 3 4 5 G 7 sECTrorr oo �1 �g MAINTENANCE BOND B�„dN�. s�a�o2T 8 THE STATE OF TF.XAS � � KNQW ALL BY THESE PRESENTS: COUNTY OF TARRANT § T]77t We North Kock Construclion & Associates, LLC knOVVn as 9 "Principal'" Ilerein and westficld Insurance Company , a corpnrate surety ! 0 {suretics, if more than one} duly authorized to do business in the State af Texas, known as "Surery" 1 1 herein (whether one or more), are held and tirmly bound unto the City of rort Worth, a municipal 12 corparation created p�rsuant to the laws of the State of "l,exas, known as "City" herein, in the sum � j U f One Vlillion Fight Hundred S��ly Three Thnusand Puur Hundred hi�lccn k lll3i i 00 LlQ � �$iS �.p �,863.4 I 5.08 �. 14 lawful moncy of the United States, to be paid in Fort Worth, Tarrant County, T'exas, for payment 15 af which sum well and truly be made unto the City and its successors, we bind oursel�es, our heirs, 1 fi executors, administrators, successors and assigns, jointly and severally, frmly by thcsc presents. 17 18 WHEREAS, thc Principal has eniercd into a certain writlen contract with the Ciry awarded 19 the ych day of aecember , 20 ?5 , which Contract is hereby 20 refer�-ed to and a made part liereoifor all purposes as if fu�ly set farth herein, to furnish all materials, 21 equipment labor and olher accessories as defined by la�v, in the prosecutian of the Work, including 22 any Work resulting from a dtily authorized Chan�e Order (collectively herein, the '`Work") as 23 providec� for in said contract and designated as Covenlry Hills, Mosier Valley, & Timberland Parks 24 Improvements, CPN 104695, 10469, and 10470[?.; and 25 2b WHEREAS, I'rincipal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that t�e Work is and will remain 28 free from dafects in materials or workmanship for and durin� the period o#'twu {2} years afler the 29 date of Final Acce�tance af the Work by the City ("Matntenance Period"); and 30 3l WHEREAS, Principal �inds itself to repair or reconstruct t�e Wark in whole or in part upon 32 receiving notice from the Gity of the need therefior at any time within the Maij�tenance Period. 33 CITY C)f� rORT W'OH l'H Cnrentry Hills_ Mosicr Valley, & 5TAN[]�1€tL) CONSTRUCrION Sl'k-.CIFICAT101V DUCII�IF.N7S T�n�bcrl�nd Parks Improvements Reviscd C)ecemt�er R, 2023 1(}�h95, 104697, 1U47(1D 60C] 19-2 MAINTCh`ANCC I30ND Paec 2 of'3 I 2 3 4 5 6 7 8 9 ia lt 12 13 14 15 lb 17 ]8 19 NOW THEREFORE, the condition of this abligation is such that if Principal shall remedy any defective W�rk, for which timely �Zotice was pro�ided by City, to a complction satisfac�nry to the City, then this obligation shall becorne null and ��oid; otherwise to remain in full force and cttect. PROVIDED, HOWF,VFR, if Principal shall fail so lo repair ar reConstruct any timcly noticed defective Wark, it �s agreed that the City may cause any a�id all such defecti�e Work to b� repaired and/or reco��structed with all associated costs thereof being borne hy the Principal and the Surety u�tder this Maitttenance bond; and PROVIDED FUKTHER, that if any lcgal ac#ia� be filed on this Bond, venue shall l�e in Tarrant Caunly, Texas or the iJnited States District Court for the Northern District of Texa�, Fart Worth Uivision; and PR�VIDED RURTHER, that this obli�ation shall he continuous in nat�re and successive reco��eries may be had �erean for st�ccessi�e breachcs. ('ITY OP I�ORT WUR Clt Cuventry I fills, Mosier Vallcy. 8t ST'�1h1DARU C'O1tiSTRL`C'TION SPEC]FlC.A 1701� [XlCi;�1CNTS Timbcrland P�rks Improvrments Revised Dccember R, 2023 IU4G95, 104h97, 10�3700 ao�i i4-3 M,aiNTrr�',a�c'i i�c�r�r� �'a�:.e � �,r � u 2 3 4 5 6 7 R q �a Il �7 13 I ='1 IS !6 17 18 19 20 ?I 22 23 24 ?5 �6 �7 �H 29 .i � �l �2 JJ � `� 35 � (i i7 ;8 39 �0 41 4? IN WITNESS WHEREaF. thc Principa] and the Suretw h��ve each 51C;NE❑ �nd SEALED this ir�strurnent hy duly authorized agents anti nfficers nn this t}}e 1�)th �ay ot l�ecemher , ?(1 2� P}tlNC[ P�11.: T�orth Rock Consln�c�iun & Associa�cs. 1.�.0 BY: 5��.�� .�.� 7 5i�naturr ATTEST: (Principal) Secretary FCYr11%�1 �"��tiGiY�S0�1` l—r'CSsGi�,yl}` Name a��tl [�itle `-'- FS�� ness as u Yriri�.ipal � A'l"I'C:ST: n �4 �5U1'�1l'� �eC:fetd� 1ei��l� . n. A ociate Client h4an�i �er. 5iire r ' � Acidress: S�Oi Pi�frirt�p Rd.. Suile 331 I]entan. TX 7fi208 SLIRFTY: 1�'esili�ld lnsurancc C�oinpa�� F3Y: /� Si at� � j;�a .lurdan. Alturntr-in-l�a.cl Name and Title Address: ?2]5 Ricige Ra�3t�, 5le 3.i3 Ri�ck�atill, I�k 750R7 TeEephone'r�umner: 9'2.772.7220 - -- �.[l7i�l�l�C�afL'S5: i�v.iurdan�rihtildt�in.�nm *Note: If signcd by an at�ecer of tl�e Surery C'�m��any, there must be on filc a ccrtitied extract firnm tE�e by-laws sho��-ing tlzat this per�c�n has autl}c�r�ity tn sign such obligatic}n. 11� Surety's physical address is different frnir� its n�ailin�; addre5s_ both rnust he pror��ided. The date of the bond shal l nnt be pricx- to the date the Contract is aw�trcied. CI1'Y (.)F f=i:7K'I W()RT[ I 5fAN1);�RDL'ON�TRI'C IIUN SNF.CifIC:'tifi(.)V D()C1:1�1F'VT5 Iteviwed December 8. 21)2 � Ccr��enln' [ lill;, Nlosicr V'811c�. � TirnhCrlaii� I'arks {mnrc�vemem.ti IO�1b95, I f1-3G97. I Ud7i}II FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AdditionalInsured Coverage ...................................................................................................................................... 9 BailBonds ................................................................................................................................................................... 9 BlanketWaiver of Subrogation ................................................................................................................................. 14 Bodily Injury and Property Damage ........................................................................................................................... 1 Care, Custody or Control ............................................................................................................................................ 3 Contractors Errors and Omissions ............................................................................................................................. 6 Contractual Liability (Personal & Advertising Injury) .................................................................................................. 2 ElectronicData Liability .............................................................................................................................................. 1 GeneralLiability Conditions ...................................................................................................................................... 13 IncidentalMalpractice ................................................................................................................................................. 9 Insured........................................................................................................................................................................ 9 Limited Product Withdrawal Expense ........................................................................................................................ 3 Limitsof Insurance ................................................................................................................................................... 11 Lossof Earnings ......................................................................................................................................................... 9 LostKey Coverage ..................................................................................................................................................... 8 Newly Formed or Acquired Organizations ............................................................................................................... 11 Non-Owned Watercraft ............................................................................................................................................... 1 Property Damage Liability — Borrowed Equipment .................................................................................................... 1 Tenant's Property and Premises Rented To You ...................................................................................................... 8 VoluntaryProperty Damage ....................................................................................................................................... 2 QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I- COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (4) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. The most we will pay for "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence". The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. The most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $10,000. We have no duty to investigate or defend claims or "suits" covered by this Limited Electronic Data Liability coverage. The following definition is added to SECTION V— DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V— DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I— COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I— COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for "property damage" caused by an "occurrence", to property of others caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products-completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products-completed operations hazard"; e. Motor vehicles; f. "Your producY' arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a"seller", we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a"product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. This insurance applies to a"product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a"product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a"product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a"product withdrawal" This applies regardless of whether the determination to conduct a"product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a"product withdrawal; or (3) When a third party has initiated a"product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defecY' will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your producY'; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A"product withdrawal", initiated because of a"defect" in "your producY' known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A- Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suiY' against you for "product withdrawal expenses". CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A"Defect" Or A"Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or consumption of "your product". (2) If a"product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, deficiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a"product withdrawal" will not be limited to those batches of "your producY' which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defecY' in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a"product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller" means a person or organization that manufactures, sells or distributes goods or products. "Seller" does not include a"contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a"contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property", due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. Any liability arising from "property damage" to products that are still in your physical possession. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. n. Any liability for "property damage" to "your work" if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating or improvement in the size, use or appearance of any structure or land. "Contractor" does not include a"seller" as defined elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. The limits of insurance will not be reduced by the application of the deductible amount. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) We may pay any part or all of the deductible amount to effect settlement of any claim or "suiY', and upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages caused by an "occurrence" and due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your "employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $1,000. The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) SECTION I- COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS — COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suiY', including actual loss of earnings up to $500 a day because of time off from work. SECTION II — WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee" has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, provided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by you or those acting on your behalf in connection with the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision — Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage" included within the "products-completed operations hazard". Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to liability for "bodily injury" or "property damage" caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in "your producY' made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: The exceptions contained in Subparagraphs d. or f.; or Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; e. Care, Custody or Control damages under Coverage E.; and Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. because of all "bodily injury" and "property damage" arising out of any one "occurrence". 3. Paragraph 6. is replaced with the following: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one "occurrence" is $1,500. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1,000. The most we will pay in any one-policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal Expense for "product withdrawal expenses" in any one-policy period, regardless of the number of insureds, "product withdrawals" initiated or number of "your products" withdrawn is $10,000. 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one-policy period, regardless of the number of insureds, claims or "suits" brought, or persons or organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each "location" owned by or rented to you. "Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. This requirement applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: The requirement in 2.b.applies only when the "occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer" or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) A person (other than an "employee") or an organization while acting as your real estate manager. 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e. If you report an "occurrence" to your workers compensation carrier that develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., b., and c. above. However, you shall give written notice of this "occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 14 Copyright 2020 FCCI Insurance Group QUOTE COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. 6. Paragraph 10, is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 14 Copyright 2020 FCCI Insurance Group QUOTE POLICYNUMBER: CPP 100092055 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Orqanizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II — Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured; or c. "Your work" performed for the additional insured and included in the "products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. With respect to liability of the additional insured for "bodily injury" of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright 2020 FCCI Insurance Group. QUOTE POLICY NUMBER: CPP 100092055 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suiY' under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or "suiY', cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or "suiY'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright 2020 FCCI Insurance Group. QUOTE COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 O Insurance Services Office, Inc., 2018 Page 1 of 1 QUOTE POLICY NUMBER: CA 100092054 AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OFCONTENTS DESCRIPTION PAGE AirbagCoverage ........................................................................................................................................................3 Auto Loan/Lease Gap Coverage ...............................................................................................................................3 BroadForm Insured ...................................................................................................................................................1 Concealment, Misrepresentation or Fraud ................................................................................................................4 Deductible .................................................................................................................................................................. 3 Duties in the Event of Accident, Claim, Suit or Loss .................................................................................................4 FellowEmployee .......................................................................................................................................................2 Fire Department Service Charge ...............................................................................................................................2 Other Insurance for Hired Auto Physical Damage Coverage ...................................................................................4 Lossof Earnings ........................................................................................................................................................2 Lossof Use Expenses ...............................................................................................................................................2 SupplementaryPayments .........................................................................................................................................2 Transfer of Rights of Recovery against Others to Us ...............................................................................................4 TransportationExpenses ..........................................................................................................................................2 COMMERCIAL AUTO CAU 058 (10 22) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) 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. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2021 FCCI Insurance Group COMMERCIAL AUTO CAU 058 (10 22) B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accidenY' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2021 FCCI Insurance Group COMMERCIAL AUTO CAU 058 (10 22) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the "loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto" is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the "loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one "loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit of Insurance provided that: 1. The Comprehensive or Specified Causes of Loss Coverage deductible applies only to "loss" caused by: a. Theft or mischief or vandalism; or b. All perils. CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2021 FCCI Insurance Group COMMERCIAL AUTO CAU 058 (10 22) 2. Regardless of the number of covered "autos" damaged or stolen, the maximum deductible applicable for all "loss" in any one event caused by: a. Theft or mischief or vandalism; or b. All perils; will be equal to five times the highest deductible applicable to any one covered "auto" on the Policy for Comprehensive or Specified Causes of Loss Coverage. The application of the highest deductible used to calculate the maximum deductible will be made regardless of which covered "autos" were damaged or stolen in the "loss". 3. Any Comprehensive Coverage deductible shown in the Declarations does not apply to: a. "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. b. Glass damage if repaired rather than replaced. SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accidenY', claim, "suiY' or "loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accidenY' or "loss" to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted 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 "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2021 FCCI Insurance Group COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARY/NON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following: 1. Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the loss for which coverage is sought, that such person or organization be added as an "insured" on your auto policy. Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 082 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 1 Copyright 2015 FCCI Insurance Group. QUOTE r� � ...� � utua WORKERS' CQMPENSATIQN IIVSURANCE 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 4/26/25 at 12:01 a.m. standard time, forms a part of: Policy no. 0002109875 of Texas Mutual Insurance Company effective on 4/26/25 Issued to: ALCC LLC DBA: Perfect Finish Landscaping NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12058, Austin, TX 78711-2058 texasmutual.com �(800) 859-5995 � Fax (800) 359-0650 � /r ' rr• / 1 Authorized representative 4/23/25 WC420304B STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTiON SPECIFICATION DOCUMENTS Revision: 3/08/2024 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article 1— Defmitions and Terminology ......... 1.01 Defined Terms .............................. 1.02 Terminology ................................. Page ........................1 ........................1 ........................ 6 Article 2 — Preliminary Matters .................................................................... 2.01 Copies ofDocuments ............................................................... 2.02 Commencement of Contract Time; Notice to Proceed........... 2.03 Starting the Work ..................................................................... 2.04 Before Starting Construction ................................................... 2.05 Preconstruction Conference ..................................................... 2.06 Public Meeting ......................................................................... 2.07 Initial Acceptance of Schedules ............................................... Article 3— Contract Documents: Intent, Amending, Reuse ................... 3 .01 Intent ...... ............ ......................... ............ .............................. 3.02 Reference Standards ............................................................. 3.03 Reporting and Resolving Discrepancies .............................. 3.04 Amending and Supplementing Contract Documents.......... 3.05 Reuse of Documents ............................................................ 3.06 Electronic Data ..................................................................... ...................................... 7 ...................................... 7 ...................................... 7 ...................................... 8 .............. ........................ 8 ...................................... 8 ...................................... 8 ...................................... 8 .............. .............. Article 4— Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ................................................................................................. 4.01 Availability of Lands ......................................................................................................... 4.02 Subsurface and Physical Conditions ................................................................................. 4.03 Differing Subsurface or Physical Conditions .................................................................... 4.04 Underground Facilities ...................................................................................................... 4.05 Reference Points ................................................................................................................ 4.06 Hazardous Environmental Condition at Site ..................................................................... Article 5— Bonds and Insurance ............................................................... 5.01 Licensed Sureties and Insurers ............................................. 5.02 Performance, Payment, and Maintenance Bonds ................. 5.03 Certificates of Insurance ....................................................... 5.04 Contractor's Insurance .......................................................... 5.05 Acceptance of Bonds and Insurance; Option to Replace..... Article 6 — Contractor's Responsibilities ............ 6.01 Supervision and Superintendence... ........................... ........................... ........................... ........................... ........................... ............................ ..... 8 ..... 8 ..... 9 ..... 9 ...10 ...10 ...11 ....11 ...11 ...12 ...12 ...13 ...14 ...14 ...............16 ...............16 ...............16 ...............16 ...............18 ...............19 .....................................................................................19 .....................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTiON SPECIFICATION DOCUMENTS Revision: 3/08{2024 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 Labor; Working Hours ................................................................................................................20 Services, Materials, and Equipment ........................................................................................... 20 ProjectSchedule ..........................................................................................................................21 Substitutes and "Or-Equals" ....................................................................................................... 21 Concerning Subcontractors, Suppliers, and Others ....................................................................24 WageRates ..................................................................................................................................25 PatentFees and Royalties ........................................................................................................... 26 Permitsand Utilities ....................................................................................................................27 Lawsand Regulations ................................................................................................................. 27 Taxes...........................................................................................................................................28 Use of Site and Other Areas ....................................................................................................... 28 RecordDocuments ......................................................................................................................29 Safetyand Protection ..................................................................................................................29 SafetyRepresentative .................................................................................................................. 30 Hazard Communication Programs ............................................................................................. 30 Emergencies and/or Rectification ............................................................................................... 30 Submittals.................................................................................................................................... 31 Continuingthe Work ................................................................................................................... 32 Contractor's General Warranty and Guarantee ..........................................................................32 Indemnification......................................................................................................................... 33 Delegation of Professional Design Services .............................................................................. 34 Rightto Audit .............................................................................................................................. 34 Nondiscrimination...................... ............. ..................................... ............ ............................ ....... 3 5 Article 7- Other Work at the Site ...................... 7.01 Related Work at Site ...................... 7.02 Coordination ................................... Article 8 - City's Responsibilities .............................................., 8.01 Communications to Contractor ............................... 8.02 Furnish Data ........................................................... 8.03 Pay When Due ....................................................... 8.04 Lands and Easements; Reports and Tests .............. 8.05 Change Orders ........................................................ 8.06 Inspections, Tests, and Approvals ......................... 8.07 Limitations on City's Responsibilities ................... 8.08 Undisclosed Hazardous Environmental Condition 8.09 Compliance with Safety Program ........................... ................................... ................................... ................................... ................................... ................................... � Article 9- City's Observation Status During Construction ...................................................... 9.01 City's Project Manager .. ... .................................................................................. 9.02 Visits to Site ........................................................................................................... 9.03 Authorized Variations in Work ............................................................................. 9.04 Rejecting Defective Work ..................................................................................... 9.05 Determinations for Work Performed ..................................................................... 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work 35 35 36 ...... 36 ...... 36 ...... 36 ...... 36 ......36 ...... 36 ...... 36 ...... 37 ...... 37 ...... 37 ........... 37 .......... 37 ........... 37 ...........38 ........... 38 ...........38 ,.......... 38 CITY OF FORT WORTH STANDARD CONSTRUCTiON SPECIFICATION DOCUMENTS Revision: 3/08{2024 Article 10 - Changes in the Work; Claims; Extra Work 10.01 Authorized Changes in the Work ............... 10.02 Unauthorized Changes in the Work ........... 10.03 Execution of Change Orders ....................... 10.04 Extra Work .................................................. 10.05 Notification to Surety .................................. 10.06 Contract Claims Process ............................. .................................. 38 .................................. 38 .................................. 39 .................................. 39 .................................. 39 .................................. 39 .................................. 40 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 41 11.01 Cost ofthe Work .........................................................................................................................41 11.02 Allowances ..................................................................................................................................43 11.03 Unit Price Work .......................................................................................................................... 44 11.04 Plans Quantity Measurement ......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time .................................................................46 12.01 Change of Contract Price ............................................................................................................46 12.02 Change of Contract Time ............................................................................................................ 47 12.03 Delays ..........................................................................................................................................47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ........ 13.01 Notice of Defects ......................................................................................................... 13.02 Access to Work ............................................................................................................ 13.03 Tests and Inspections ................................................................................................... 13.04 Uncovering Work ......................................................................................................... 13.05 City May Stop the Work .............................................................................................. 13.06 Correction or Removal of Defective Work ................................................................. 13.07 Correction Period ......................................................................................................... 13.08 Acceptance of Defective Work .................................................................................... 13.09 City May Correct Defective Work .............................................................................. .48 .. 48 .. 48 .. 48 .. 49 .. 49 ..50 .. 50 .. 51 ..51 Article 14 - Payments to Contractor and Completion .................................................................................... 52 14.01 Schedule of Values ...................................................................................................................... 52 14.02 Progress Payments ...................................................................................................................... 52 14.03 Contractor's Warranty of Title ................................................................................................... 54 14.04 Partial Utilization ........................................................................................................................ 55 14.05 FinalInspection ...........................................................................................................................55 14.06 Final Acceptance ......................................................................................................................... 55 14.07 Final Payment .............................................................................................................................. 56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................ 56 14.09 Waiver of Claims ........................................................................................................................ 57 Article 15 - Suspension of Work and Termination ............................... 15.01 City May Suspend Work .................................................... 15.02 City May Terminate for Cause .......................................... 15.03 City May Terminate For Convenience .............................. Article 16 - Dispute Resolution ............... 16.01 Methods and Procedures...... ........................ 57 ........................ 57 ........................ 58 ........................ 60 ........................ 61 ........................ 61 CITY OF FORT WORTH STANDARD CONSTRUCTiON SPECIFICATION DOCUMENTS Revision: 3/08{2024 Article17 — Miscellaneous .............................................................................................................................. 62 17.01 Giving Notice .............................................................................................................................. 62 17.02 Computation of Times ................................................................................................................ 62 17.03 Cumulative Remedies ................................................................................................................. 62 17.04 Survival of Obligations ............................................................................................................... 63 17.05 Headings ......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTiON SPECIFICATION DOCUMENTS Revision: 3/08{2024 00 �z oo - i GENERAL CONDITIONS Page 1 of 63 ARTICLE 1— DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized ar otherwise. In addition to terms specifically defined, tern�s with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award — Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirernents—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day — A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 2 of 63 12. Change Order A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 13. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 14. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 15. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 16. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand far money or services by a third party is not a Contract Claim. 18. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 19. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 21. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 22. Contractor—The individual or entity with whom City has entered into the Agreement. 23. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 3 of 63 24. Damage Clai�ns — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 25. Day or day — A day, unless otherwise defined, shall mean a Calendar Day. 26. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 27. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Transpo�tation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Water Depar•tment — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, e�ent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 32. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 33. Engineer—The licensed professional engineer or engineermg firm registered in the State of Texas performing professional services for the City. 34. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. E�tra work shall be part of the Work. 35. Field Order — A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 36. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 4 of 63 37. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 38. General Requirelnents—Sections of Division 1 of the Contract Documents. 39. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 40. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 41. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 42. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Major Itein — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 44. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 45. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 46. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 47. PCBs—Polychlorinated biphenyls. 48. Petroleuin—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 49. Plans — See defmition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 5 of 63 50. Project Schedule A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 51. Project—The Work to be performed under the Contract Documents. 52. Project Manager The authorized representative of the City who will be assigned to the Site. 53. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 54. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 55. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 56. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 57. Schedule of Subrnittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 58. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 59. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 60. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 61. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 6 of 63 62. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 63. Substantial Coinpletion — The stage in the progress of the Project when the Work is sufficiently complete in accordance with the Contract Documents for Final Inspection. 64. Successful Bidder The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, starm water, other liquids or chemicals, or traffic or other control systems. 69 Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day — A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed 'm Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms o� Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Wark for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" ar the word "Install" or the ward "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2.01 Copies of Docu�nents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given no earlier than 14 days after the Effective Date of the Agreement, unless agreed to by both parties in writing. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 8 of 63 2.03 Sta�ting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to the Public Meeting if scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3— CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereo fl to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depend'mg on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Repo�ting and Resolving Discrepancies A. Reporting Discrepancies: Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation ,(b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereo fl prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's on-line electronic document management and collaboration system site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4— AVAII,ABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability ofLands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contracto� on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports ar shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Tiine Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: L If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Refe�ence Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or wi11fu11y destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environinental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Cont�actor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indeinn� and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is Nesponsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 16 of 63 ARTICLE 5— BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payinent, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which sha11 show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates oflnsurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (other evidence of insurance requested by City or any other additional insured) in at least the minimum amount as specified in the Supplementary Conditions which Contractor is required to purchase and maintain. L The certificate of insurance sha11 document the City, and a11 identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for warkers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance far any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision ar the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Wo�kers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as wi11 provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Auto�nobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance ofBonds andlnsurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be bindmg on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Se�vices, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification O1 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. "Or-Equal " Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.OS.A.1, a proposed item of material ar equipment will be considered functionally equal to an item so named if: a. the City deterinines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.OS.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section O1 25 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo -1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Constr�uction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.OS.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.OS.A and 6.OS.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or-equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Cont�actor shall indemnify and hold harinless City and anyone di�ectly or indirectly employed by them from and against any and all claims, dainages, losses and e.�penses (including attorneys fees) a�ising out of the use of substituted inate�ials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.OS.A.2 and 6.OS.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equaP' at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTiON SPECIFICATION DOCUMENTS Revision: 3/08{2024 00 �z oo - i GENERAL CONDITIONS Page 24 of 63 G. City Substitute Rei�nbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority and Women Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for MWBE goal, Contractor is required to comply with the intent of the City's MWBE Business Enterprise Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual wark performed by MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City far a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing ar furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo -1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if T�iolation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Affadavit. Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code related to paying prevailing wage rates on completion of the project. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. SubcontractoY Coinpliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest e�tent permitted by Laws and Regulations, Contractor shall indemn� and hold harinless City, fi^om and against all claims, costs, losses, and damages (including but not liinited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or othe� dispute resolution costs) a�ising out of or relating to any inf�ingement of patent rights or copyrights incident to the use in the pe�forinance of the Wo�^k or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTiON SPECIFICATION DOCUMENTS Revision: 3/08{2024 00 �z oo - i GENERAL CONDITIONS Page 27 of 63 the incorporation in the Wo�k of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Pe�inits and Utilities A. Contractor obtained pe�mits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: httbs://combtroller.texas. �ov/taxes/bermit/ 6.12 Use of Site and Other Areas A. Limitation on Use of Site and OtherAreas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to fmish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemn� and hold har�nless City, f�oin and against all claims, costs, losses, and damages arising out of or relating to any claim o� action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Wark, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety o� and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with a11 applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Co�n�nunication ProgNams Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 EmeNgencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent tl�reatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City sha11 deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: l. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Wark, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section O1 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation ar payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own e�pense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. �iT� iNnF�MNiFiC'ATTnN PRnViSinN iS SPF,C'TFTC.ALT ,V iNTF.1VnFD Tn nPFRATF ANn BF. F.FFF�f'TiVF, F,VFN iF iT iS Ai.i.FC�Fn nR PROVFN THAT Ai.T. nR SnME nF THE DAMA(�ES BEiN(i SnTT(7HT WERE CAI7SED. iN WHnLE nR �N PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THI� TNDF.MNIFICATI N PR(1VT�TON IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 34 of 63 SP , TFI A1,1,V iNTF�N�j',J) T(1 (1PF,RATE AND BE EFFF,f'TTVF F,�'�N TF �T �,� A�.�.F,(TF.D OR PRf1VF,N THAT AT.1. nR �(1MF� nF THF nAMArF� RFiNf: Sn T�� WE F CATT�Fn iN WHO�.F, nR TN PART. BY ANY ACT. nMiSSION OR NFGT.T(3FNf'F (1F THF, (1'iTV� 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities far construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access durmg Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscri�nination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended.• Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7— OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefar, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon wark performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 36 of 63 7.02 Coo�dination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 Communications to Contracto� Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reporis and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies ofreports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Envi�onmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is identified 'm the Supplementary Conditions. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Wark will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to a11 the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Dete�ninations for Work Perfo�med Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Wo�k A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order E�tra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). E�.tra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Fie1d Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Wo�k Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.O1.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notzfication to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or e�ent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days a$er receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractar that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be fmal and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.O1.B, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change m the Work. Such costs shall not include any of the costs itemized in Paragraph 11.O1.B, and shall include but not be limited to the following items: L Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, load'mg, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 1 LOI. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyars, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: L Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office far general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.O1.A.1 or specifically covered by Paragraph 11.O1.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch off'ices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee sha11 be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.O1.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.O1.A and 11.OLB, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price sha11 be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Wark performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Inc�eased or Decreased Quantities: The City reserves the right to order E�tra Work in accordance with Paragraph 10.01. L If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measureinent A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outl'med under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 46 of 63 E. For callout work or non-site specific Contracts, the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contamed in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.O1.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.O1.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12.O1.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.O1.A. l, 1 LO1.A.2. and 11.O1.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.O1.A.4 and 11.O1.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.O1.C.2.a and 12.O1.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.O1.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.O1.A.6, and 11.O1.B; d. the amount of credit to be allowed by Contractar to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Wark or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 48 of 63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Wark of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereo� to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests ar approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the e�.tent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a"fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (includ'mg but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereo� until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or Re�noval of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) wi11 be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Wark, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Tlalues The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payinents: Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covermg the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as described in subsection C. unless otherwise stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 53 of 63 B. Review ofApplications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been e�austive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor; or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective or completed Work has been damaged by the Contractor or subcontractors requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement will be assessed against the monies due the Contractor, not as a penalty, but as damages suffered by the City. E. Payment.• Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: L City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 55 of 63 14.04 Pa�tial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any part of the Work which has specifically been identified in the Contract Documents, or which City determines constitutes a separately functioning and usable part of the Work that can be used for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.OS.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Finallnspection A. Upon written notice from Contractor that the entire Work is Substantially Complete in accordance with the Contract Documents: 1. Within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective ("Punch List Items"). Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification to the City of Substantial Completion and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 2. Should the City concur that Substantial Completion has been achieved with the exception of any Punch List Items, Contract Time will resume for the duration it takes for Contractor to achieve Final Acceptance. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment.• 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to fmal payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments for employees, subcontractors, and suppliers; and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work . B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's fmal Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Wark locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waive� of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no e�ra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days a$er date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and fmish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or far the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's seroices have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the e�.tent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate Fo�^ Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Wark, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17 — MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 �z oo - i GENERAL CONDITIONS Page 63 of 63 17.04 Su�vival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS Revision: 3/08/2024 00 73 00 SUPPLEMENTARY CONDITIONS Page 1 of 6 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Moditications and Supplements The following are instructions that modify or supplement speciiic paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01 A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.O1 A.l., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of November 2024 Outstanding Right-Of-Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. SC-4.O1A.2, "Availability of Lands" CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised March 8, 2024 104695, 104697, 104700 00 73 00 SUPPLEMENTARY CONDITIONS Page 2 of 6 Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of November 2024 EXPECTED UTILITY AND LOCATION OWNER None TARGET DATE OF ADJUSTMENT The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: A. None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: Olsson Inc. (3) Other: None SG5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GG5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GG5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., "Contractor's [nsurance" CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised March 8, 2024 104695, 104697, 104700 00 73 00 SUPPLEMENTARY CONDITIONS Page 3 of 6 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits o£ $1,000,000 each occurrence $2, 000, 000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. The Commercial General Liabiliry Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GG5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. $1, 000, 000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250, 000 Bodily Injury per person / $500, 000 Bodily Injury per accident / $100,000 PropertyDamage SC-5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks NONE. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a"Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private andlor construction access roads crossing said railroad company's properties. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage far not less than the following amounts, issued by companies satisfactory to the Ciry and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: (1) General Aggregate: (2) Each Occurrence: _ Required for this Contract X Not required for this Contract <Provide an X" next to the appropriate seleclion above based on the Contract requirements> CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised March 8, 2024 104695, 104697, 104700 00 73 00 SUPPLEMENTARY CONDITIONS Page 4 of 6 With respect to the above outlined insurance requirements, the following shall govern: 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of-way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at-grade crossing, other work or activiry is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy far that railroad, even though the work may be at two or more separate locations. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning wark. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Project Schedule" Project schedule shall be tier 3 for the project. SC-6.07 A.., "Duty to pay Prevailing Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: APPENDIX GC — 6.07 A copy of the table is also available by accessing the City's website at: httos://aaas.fortworthtexas.�ov/Pro i ectResou rces/ You can access the iile by following the directory path: 02-Construction Documents/Specifications/Div00 — General Conditions SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 1. None. CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised March 8, 2024 104695, 104697, 104700 00 73 00 SUPPLEMENTARY CONDITIONS Page 5 of 6 SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: 2. None. SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits andlor licenses to be acquired, if any as of Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: � Vendor � None � Scope of Work Coordination Authority SC-8.01, "Communications to Contractor" None SC-9.01., "City's Project Manager" The Ciry's Project Manager for this Contract is Seth Henry, or his/her successor pursuant to written notification from the Director of Park and Recreation. SC-13.03C., "Tests and Inspections" None SC-16.O1C1, "Methods and Procedures" None END OF SECTION Revision Log CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised March 8, 2024 104695, 104697, 104700 00 73 00 SUPPLEMENTARY CONDITIONS Page 6 of 6 DATE NAME 1/22/2016 F. Griffin 3/9/2020 10/06/23 3/08/24 SUMMARY OF CHANGE SC-9.01., "City's Project Representative" wording changed to City's Project Manager. D.V. Magana SC-6.07, Updated the link such that files can be accessed via the City's website. Michael Owen SC-6.07, Allow affidavit regarding paying prevailing wages to be submitted on completion of job, as opposed to with each progress report Michael Owen Removed revisions related to affidavit, as those changes have been made in General Conditions CITY OF FORT WORTH Coventry Hills, Mosier Valley, & STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Timberland Parks Improvements Revised March 8, 2024 104695, 104697, 104700 F�RT` ��RTH� City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: North Rock Construction & Associates, LLC Subje�t of the Agreement: Contract forthe construction of improvements at Coventry Hills, MosierValley and Timberlake Parks. M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the cont�act. Is this an Amendment to an Existing contract? Yes ❑ No � If so, provide the original contract nurnbeY and the amendinent number. Is the Contract "Permanent"? *Yes � No ❑ If unsuNe, see back page foN permanent cont�^act listing. Is this entire contract Confidentiial? *Yes ❑ No 0 Ifonly specific info�mation is Confidential, please list what information is Confidential and the page it is located. Effective Date: Expiration Date: If �different fro�n the approval date. If �applicable. Is a 1295 Form required? * Yes � No ❑ *If so, please ensure it is attached to the appv�oving M&C or attached to the contract. Proj ect Number: If applicable. 104695, 104697, 104700 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes 0 No ❑ Contracts need to be routed for CSO nrocessin� in the followin� order: L Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. A1lison Tidwell (Form Fi11er) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.