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HomeMy WebLinkAbout065829 - Construction-Related - Contract - Highway Intelligent Traffic Solutions, LLCCSC No. 65829 AGREEMENT FOR DESIGN -BUILD SERVICES For W. 7TH STREET BRIDGE ILLUMINATION PROJECT (RFQ 26-0080) City Project No. 105022 THIS AGREEMENT FOR DESIGN -BUILD SERVICES which INCLUDES DESIGN AND CONSTRUCTION SERVICES ("Agreement), is made and entered into by and between the CITY of Fort Worth, a Texas municipality, ("CITY") and Highway Intelligent Traffic Solutions, LLC, a legal entity authorized under the laws of the State of Texas, with its principal place of business at 1500 High Meadows Way, Cedar Hill, TX 75104 ("DESIGN - BUILDER"). CITY and DESIGN -BUILDER may be referred to herein as a "Party" or the "Parties". WHEREAS, CITY desires to procure Design -Build services from DESIGN -BUILDER, which consists of Design and Construction Services, and DESIGN -BUILDER, selected by CITY through a competitive procurement process, possesses broad experience, knowledge and technical resources to provide such services related to the design, permitting, construction, construction management and maintenance for the W. 7th Street Bridge Illumination Project (decorative archway RGB LED lighting, controls, and 5 -year maintenance) (the "Project"); and WHEREAS, the City has a project budget of $j9 and issued its Request for Proposals (RFP) to provide Pre -Construction and Construction Phase Services as defined in Attachment A on February 20, 2026; and WHEREAS, the DESIGN -BUILDER submitted its Design/Engineering ("P reconstruction") and Construction proposal on March 20, 2026, which was subsequently negotiated to accept line -item B-1 and reject line items B-2 and Line 30 as well as Items 2 (Safety Lighting Roadway/Underpass Lighting System) and 3 (Pedestrian Lighting), as defined in Attachments B and C; and services for the completion of the Project WHEREAS, the DESIGN -BUILDER has presented to CITY a Guaranteed Maximum Price ("GMP") Proposal for construction of the Project and provide five years of maintenance as established in Attachment C; and WHEREAS, the DESIGN -BUILDER agrees to be bound by and incorporate into its subcontracts, the applicable terms of the CITY's Standard General Conditions for a Design -Build Agreement ("General Conditions"), attached hereto as Attachment D; and WHEREAS, capitalized terms not specifically defined herein, including in any Attachment, shall have the meaning associated with those capitalized/defined terms as found in the OFFICIAL RECORD Design -Build — W7th Bridge Lighting AgreementPage 1 of 18 CITY SECRETARY FT. WORTH, TX General Conditions. Conflicting definitions shall be harmonized to obtain a meaning consistent with the intent of the Agreement and the Project's scope. NOW THEREFORE, for and in consideration of these recitals, compensation by CITY for the services to be rendered by DESIGN -BUILDER, and the covenants and promises to be carried out by each Party, the CITY and DESIGN -BUILDER hereby agree to perform the services described herein upon the terms and conditions set forth herein and in any Attachments and Exhibits hereto, which are hereby incorporated. ARTICLE 1 -- SERVICES A. DESIGN -BUILDER is willing and able to undertake and agrees to furnish all Preconstruction Phase and Construction Phase Services, as described in Attachments A -C and the Construction Documents to be developed. B. The Preconstruction Phase Services, in the amount of $129,920.00, shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the CITY to DESIGN -BUILDER. The DESIGN -BUILDER shall prepare schematic design Drawings in sufficient detail and scope to clearly identify all major features of the Project and submit interim plans to the City prior to final design, as per the schedule negotiated between the parties. The CITY shall acknowledge, in writing, the Drawings prior to DESIGN -BUILDER commencing detailed design work resulting in final Construction Documents. a. Scope: interim plan set at 50%; Final 100% design documents based on the Proposal, obtain permits/approvals, constructability review. b. Deliverables: Approved construction documents, permits, and confirmed pricing prior to Construction Phase Notice to Proceed. 2. Pursuant to a mutually agreeable schedule and cost, the DESIGN -BUILDER shall submit for the CITY'S approval revised Construction Documents reflecting any changes proposed by the CITY and accepted by the DESIGN -BUILDER prior to the submission of the final Construction Documents to the CITY. C. DESIGN -BUILDER agrees to furnish all Construction Services, as described in Attachment B and the Construction Documents to be developed, for the lump sum amount of $1,832,874.92 (Attachment C), as hereinafter described, abiding by this Agreement and its Amendments and Attachments, to also include the Construction Documents created to effect the Work on the Project. DESIGN -BUILDER may initiate Construction phase early works packages during Pre -Construction phase, such as clearing and grubbing, materials procurement or utility relocations. Costs of early works packages shall be included in the GMP. Design -Build — W7th Bridge Lighting AgreementPage 2 of 18 D. The Construction Services shall commence within 7 calendar days after receipt of an authorization in the form of a Notice to Proceed from the CITY to DESIGN - BUILDER. E. The DESIGN -BUILDER shall be responsible for obtaining and paying for any necessary temporary construction easements or permission from adjacent landowners to allow DESIGN -BUILDER to perform the Work. F. The DESIGN -BUILDER shall provide final Construction Documents as agreed to as per the schedule. DESIGN -BUILDER shall prepare and present the "as -built" or record set of construction documents for the Project prepared pursuant to Chapter 1001, Texas Occupations Code and the City's standard specifications. G. DESIGN -BUILDER warrants to CITY that all materials and equipment furnished under this Agreement will be new, unless otherwise specified. The DESIGN -BUILDER also warrants to CITY that all materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. H. DESIGN -BUILDER shall perform preventative/corrective maintenance for the project, including providing needed parts, spare parts, and emergency services for five years after completion and acceptance of the Work. The total amount over the maintenance period shall be $179,030.92 detailed as described on Attachment C. ARTICLE 2— COMPENSATION A. DESIGN -BUILDER'S compensation for providing Services described in Article I shall not exceed $2,141,825.84. B. CITY may, by giving written notice at any time before the end of the Preconstruction Phase Services phase, elect to terminate this Agreement if the GMP, in the CITY's reasonable estimation, exceeds or would exceed the CITY's Estimated Construction Budget. In such event, DESIGN -BUILDER shall be paid for Work performed up to the date of termination in accordance with this Agreement. ARTICLE 3— PAYMENT Payment by CITY to DESIGN -BUILDER is to be made as follows: A. DESIGN -BUILDER shall submit monthly an Application for Payment for Preconstruction Phase Services describing the work performed during the preceding month. Design -Build — W7th Bridge Lighting AgreementPage 3 of 18 B. DESIGN -BUILDER shall submit monthly an Application for Payment for Construction Phase Services describing the Work performed during the preceding month. All payment applications shall be subject to review by CITY to verify progress. C. The CITY shall make payment to DESIGN -BUILDER pursuant to Paragraph 14.02 of the General Conditions, less 5% retaiinage, except that no retainage shall be held on Preconstruction Phase Services. D. DESIGN -BUILDER shall submit monthly an Application for Payment for Maintenance Services describing the work performed during the preceding month. ARTICLE 4— GUARANTEED MAXIMUM PRICE The Guaranteed Maximum Price proposal for the Project is as presented on Attachment C. ARTICLE 5— CHANGES IN THE WORK The CITY, without invalidating this Agreement, may order changes in the design of the Project and/or the Work consisting of additions, deletions or other revisions, and, where necessary, the Preconstruction Phase Services, Construction Phase Services, GMP and the Contract Time shall be adjusted accordingly. All such changes in the Work necessitating a change to the GMP or the Contract Time shall be authorized by a mutually agreeable Change Order. ARTICLE 6- PROJECT TIME AND LIQUIDATED DAMAGES Project Time shall not be longer than as indicated in the Project Schedule when developed by DESIGN -BUILDER and agreed to by CITY. DESIGN -BUILDER will perform the required services in a timely manner and comply with the Project Schedule and any minor adjustments as reasonably requested by CITY. Major changes to the Project Schedule may be negotiated and memorialized by a Change Order. Unless delayed, as defined in the General Conditions, the DESIGN -BUILDER shall achieve Final Acceptance of the Work, including all punch list items, within sixty (60) days from the date of Substantial Completion. DESIGN -BUILDER recognizes that time is of the essence to this Agreement and that CITY will suffer financial loss if the Work is not completed within the Project Time, plus any mutually agreed extension thereof. DESIGN -BUILDER 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 and, instead of requiring any such proof, DESIGN -BUILDER agrees that Liquidated Damages, not as a penalty but as just compensation, shall be $775 for each day that expires after the expiration of the Project Design -Build — W7th Bridge Lighting AgreementPage 4 of 18 Time until such time as Final Completion of the entire Project is issued by the CITY in writing. ARTICLE 7— SMALL BUSINESS GOAL The CITY has waived the small business goal for this Project. ARTICLE 8 - GENERAL TERMS A. PROFESSIONAL STANDARDS, The standard of care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. The DESIGN -BUILDER shall be responsible for the professional and technical soundness, accuracy, and adequacy of all consultation, cost estimating, design, pre -construction, construction and other services and materials furnished under this Agreement, Qualified, licensed design professionals employed by the DESIGN -BUILDER or procured from qualified, independent licensed design consultants shall prepare the Construction Documents. This Agreement does not establish or create any legal or contractual obligations between the CITY and the design professionals employed by the DESIGN -BUILDER, and the design professionals shall not be deemed to be a third -party beneficiaries under this Agreement. B. MUTUAL OBLIGATIONS. DESIGN -BUILDER and CITY agree to fully cooperate with each other in providing to each other information available, and in facilitating the Work within the scope of this Agreement. CITY shall, throughout the performance of the Construction Work, cooperate with DESIGN -BUILDER and perform its responsibilities, obligations and services in a timely manner so as not to delay or interfere with DESIGN -BUILDER'S timely and efficient performance of its obligations under the Contract Documents. The CITY shall cooperate and provide reasonable assistance to the DESIGN -BUILDER in obtaining the permits, approvals, and licenses that are DESIGN -BUILDER'S responsibility to obtain.. C. GENERAL CONDITIONS. Attachment C contains the CITY's General Conditions applicable to this Project. DESIGN -BUILDER is expected to have reviewed and hereby agrees to comply with said General Conditions, including incorporating same into any contractor's or subcontractor's contracts, as applicable. D. PROJECT PROGRESS. DESIGN-BUILDER's services and compensation under this Agreement have been agreed to in anticipation of the orderly and continuous progress of the Project through completion, E. ASSIGNMENTS. DESIGN -BUILDER shall not assign its interest in this Agreement without the written consent of the CITY. DESIGN -BUILDER may enter into Design -Build -- W"7th Bridge Lighting AgreementPage 5 of 18 subcontracts with respect to the services required by this Agreement but shall remain fully responsible to the CITY in connection therewith. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of CITY. F. PERSONNEL. DESIGN -BUILDER, an Equal Opportunity Employer, (including any agents, employees, subcontractors, successors and assigns of DESIGN -BUILDER); now has or will secure at its own expense, personnel required to perform the services under this Agreement. Such personnel are not employees of, nor have any contractual relationship with the CITY. DESIGN -BUILDER acknowledges responsibility for all federal, state, and local requirements for employers that apply to DESIGN -BUILDER. G. EXTENT OF AGREEMENT/NO THIRD -PARTY RIGHTS. The CITY and DESIGN - BUILDER agree that this Agreement represents the entire and integrated Agreement between them and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement is solely and exclusively for the benefit of the CITY and DESIGN -BUILDER and not for the benefit of any third party. The CITY and DESIGN -BUILDER agree that there are no third -party beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to the other party to the Agreement and are not intended to create any rights, contractual or otherwise, to any other person or entity. The doctrine of respondent superior shall not apply. H. REPRODUCTION, USE AND OWNERSHIP OF WORK PRODUCT. All designs, drawings, specifications, dOocuments, and other work products of the DESIGN - BUILDER whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by CITY or by others acting through or on behalf of CITY of any such instruments of service without the written permission of the DESIGN -BUILDER will be at the CITY'S sole risk. The CITY shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. I. INSURANCE. DESIGN -BUILDER shall keep in force insurance as described in Article 5 of the General Conditions. J. TERMINATION. This Agreement may be terminated as provided for by Article 2, Section B of this Agreement or as otherwise provided by the General Conditions. K. COST ESTIMATES. DESIGN-BUILDER's opinions of probable cost are to be made on the basis of DESIGN-BUILDER's experience and qualifications and represent DESIGN-BUILDER's judgment as a qualified professional familiar with the industry. Design -Build — W7th Bridge Lighting AgreementPage 6 of 18 L. INDEMNIFICATION. DESIGN -BUILDER COVENANTS THAT IT HAS READ AND UNDERSTANDS THE INDEMNITY PROVISIONS FOUND IN THE GENERAL CONDITIONS. M. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF USE, LOSS OF PROFITS, OR LOSS OF BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THIS AGREEMENT, REGARDLESS OF THE THEORY OF LIABILITY, EXCEPT (I) AS SUCH DAMAGES MAY BE INCLUDED WITHIN LIQUIDATED DAMAGES EXPRESSLY PROVIDED FOR IN ARTICLE 6, (II) DAMAGES ARISING FROM GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD, (III) DAMAGES COVERED BY INSURANCE REQUIRED UNDER THIS AGREEMENT, (IV) OBLIGATIONS UNDER THE INDEMNIFICATION PROVISIONS OF THE GENERAL CONDITIONS, AND (V) DAMAGES ARISING FROM INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. N. LIGHTING CONTROL SOFTWARE SUBSCRIPTION AND PROGRAMMING. 1. INITIAL SUBSCRIPTION AND CONFIGURATION. AS PART OF THE WORK AND AT NO ADDITIONAL COST TO THE CITY, DESIGN - BUILDER SHALL OBTAIN, CONFIGURE, PROGRAM, AND FULLY IMPLEMENT THE INITIAL SUBSCRIPTION FOR THE LIGHTING CONTROL SOFTWARE USED ON THE PROJECT (CURRENTLY PHAROS CONTROLS, OR ANY SUCCESSOR SYSTEM APPROVED IN WRITING BY THE CITY) SO THAT THE SYSTEM IS FULLY OPERATIONAL AND TESTED AT FINAL ACCEPTANCE. DESIGN - BUILDER SHALL DELIVER TO THE CITY AT FINAL ACCEPTANCE COMPLETE, USABLE BACKUP COPIES OF ALL SHOW FILES, SCENES, PROGRAMMING, CONFIGURATION FILES, AND RELATED DOCUMENTATION IN A NON- PROPRIETARY FORMAT ACCEPTABLE TO THE CITY. 2. MAINTENANCE PERIOD SUBSCRIPTION RESPONSIBILITY. DURING THE FIVE-YEAR MAINTENANCE PERIOD, DESIGN -BUILDER SHALL, AT ITS SOLE COST AND EXPENSE, MAINTAIN AN ACTIVE, CURRENT SUBSCRIPTION WITH THE APPLICABLE LIGHTING -CONTROL SOFTWARE PROVIDER AND SHALL BE SOLELY RESPONSIBLE FOR ALL SUBSCRIPTION FEES, RENEWALS, AND RELATED COSTS. DESIGN -BUILDER'S MAINTENANCE, WARRANTY, AND SYSTEM -PERFORMANCE OBLIGATIONS UNDER THIS AGREEMENT ARE NOT CONDITIONED ON ANY ACTION BY THE CITY WITH RESPECT TO THE SUBSCRIPTION. 3. PROGRAMMING OWNERSHIP AND BACKUP. ALL SHOW FILES, SCENES, PROGRAMMING, AND CONFIGURATION DATA CREATED FOR THE PROJECT SHALL BE CREATED USING A NON- PROPRIETARY FILE FORMAT AND SHALL BE THE SOLE PROPERTY OF THE CITY. DESIGN -BUILDER SHALL, AT FINAL ACCEPTANCE AND AT ANY TIME UPON THE CITY'S WRITTEN REQUEST DURING THE MAINTENANCE PERIOD, Design -Build — W7th Bridge Lighting AgreementPage 7 of 18 DELIVER COMPLETE, CURRENT BACKUP COPIES OF ALL SUCH FILES TO THE CITY. 4. POST -MAINTENANCE PERIOD. AFTER THE EXPIRATION OF THE FIVE-YEAR MAINTENANCE PERIOD, THE CITY SHALL BE SOLELY RESPONSIBLE FOR ANY ONGOING SOFTWARE SUBSCRIPTION, SUPPORT, OR SYSTEM PERFORMANCE. DESIGN -BUILDER SHALL PROVIDE THE CITY WITH AT LEAST NINETY (90) DAYS' PRIOR WRITTEN NOTICE OF THE END OF THE MAINTENANCE PERIOD AND SHALL COOPERATE IN AN ORDERLY TRANSITION OF THE SUBSCRIPTION AND PROGRAMMING TO THE CITY OR ITS DESIGNEE. N. SURETY BONDS. The DESIGN -BUILDER shall furnish the required performance, payment and maintenance bonds as provided by the General Conditions. O. CITY NON -APPROPRIATION OF FUNDS. Notwithstanding any other provisions of this Agreement, if this Agreement provides for the CITY to make payments to the DESIGN -BUILDER in any fiscal year following the CITY's fiscal year in which this Agreement begins and the City Council fails to appropriate funds to make the payments, then this Agreement automatically terminates at the beginning of the first day of the successive fiscal year for which funds were not appropriated, and the CITY shall not be obligated to make or have any liability to the DESIGN -BUILDER for the payments. ARTICLE 9— THE CITY'S RESPONSIBILITIES The CITY shall: A. Designate a Project Representative to act as its representative with respect to the services to be rendered under this Agreement. Such Project Representative will have complete authority to transmit instructions, receive information, interpret and define CITY's policies and decisions with respect to DESIGN-BUILDER's services. B. Provide timely reviews of studies, reports, sketches, estimates, and other documents presented by DESIGN -BUILDER consistent with CITY'S normal business practices. C. Secure and execute all necessary permanent easements and Permits as defined in 6.08.B of the General Conditions, and agreements with adjacent land or property owners that are necessary for the Project. CITY is further responsible for all costs, including attorneys' fees, incurred in securing these necessary permanent easements and agreements. CITY is responsible for securing all zoning approvals required for the Project for the construction to proceed without delay. Design -Build — W7th Bridge Lighting AgreementPage 8 of 18 ARTICLE 10 — AMENDMENTS This Agreement may only be amended in writing and agreed to by both Parties. ARTICLE 11 - EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the CITY and DESIGN -BUILDER with respect to the subject matter of this Agreement and supersedes all prior understandings, negotiations, representations or agreements, either written or oral contracts between CITY and DESIGN -BUILDER respecting this Project. This Agreement will be binding upon and inure to the benefit of CITY and DESIGN -BUILDER and their respective successors and assigns. ARTICLE 12 — GOVERNING LAW & JURISDICTION Except as provided for in the General Conditions Paragraph 6.07, arbitration will not be allowed on this Project. The terms of the Agreement shall be construed and interpreted under, and all respective rights and duties of the parties shall be governed by, the laws of the State of Texas, without regard to its conflict of law provisions. DESIGN -BUILDER hereby submits to the jurisdiction of the Texas courts and will obtain and maintain an agent for service of process in the State of Texas. Neither party will bring any action against the other party arising out of or relating to this Agreement in any forum or venue except in Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division, DESIGN -BUILDER irrevocably waives any present or future objections to such legal action and irrevocably waives the right to bring any legal action in any other jurisdiction. The Dispute Resolution process found in Article 16 of the General Conditions shall be followed prior to initiating litigation. ARTICLE 13 -- SEVERABILITY It is agreed that in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained, provided however, that the invalidity of any such covenant, condition or provision does not materially prejudice either DESIGN -BUILDER or CITY in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this agreement. ARTICLE 14 — WAVER. The waiver by the CITY of any default or breach of a term, covenant or condition of this Agreement shall not be deemed to be a waiver of any other breach of that term, covenant or condition or any other term, covenant or condition of this Agreement, regardless of when the breach occurred. Design -Build — W7th Bridge Lighting AgreernentPage 9 of 18 ARTICLE 15 — CONFLICT IN TERMS. In the event there is a conflict between the terms of this Agreement, and any other Contract Document, the terms of this Agreement shall control over the other Contract Documents, ARTICLE 16 - HEADINGS, The headings in this Agreement are inserted for reference only, and shall not define or limit the provisions hereof. ARTICLE 17 - NOTICE. All notices required herein shall be addressed to CITY as follows: Lauren Prieur, P.E. Director, Transportation and Public Works Department 100 Fort Worth Trail Fort Worth, Texas 76102 817-392-6035 Lauren, Prieur@fortworthtexas.gov With Copy to: Clint Hoover, P.E. TPW Transportation Management 5001 James Ave Fort Worth, TX 76115 817-392-6573 Clint. Hoover@fortworthtexas.gov Douglas W Black Sr. Assistant City Attorney 100 Fort Worth Trail Fort Worth, TX 76102 817-392-7615 Douglas. Black@fortworthtexas.gov All notices to DESIGN -BUILDER shall be addressed as follows: Kent Smith President -Highway Intelligent Traffic Solutions 1500 High Meadows Way Cedar Hill, TX 75104 469-454-4674 Ksmith@highwayits.com Design -Build —W7th Bridge Lighting Agreement Page 10 of 18 ARTICLE 18 - PROHIBITION ON CONTRACTS WITH COMPANIES BOYCOTTING ISRAEL DESIGN•BUILDER, unless a sole proprietor, acknowledges that in accordance with Chapter 2270 of the Texas Government Code, if DESIGN -BUILDER has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, DESIGN - BUILDER certifies that DESIGN-BUILDER's representative's signature provides written verification to the City that if Chapter 2270, Texas Government Code applies, DESIGN -BUILDER. (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract, ARTICLE 19 — IMMIGRATION NATIONALITY ACT DESIGN -BUILDER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9) for employees working within the United States or other documentation as may be required by CITY to confirm eligibility to work on Project. Upon request by CITY, DESIGN -BUILDER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. DESIGN -BUILDER 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 DESIGN -BUILDER employee who is not legally eligible to perform such services. DESIGN -BUILDER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY DESIGN -BUILDER, DESIGN-BUILDER's EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to DESIGN -BUILDER, shall have the right to immediately terminate this Agreement for violations of this provision by DESIGN -BUILDER. ARTICLE 20 -- Prohibition on Boycotting Energy Companies DESIGN -BUILDER 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 Design -Build — W7th Bridge Lighting AgreementPage 11 of 18 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, DESIGN -BUILDER certifies that DESIGN-BUILDER's signature provides written verification to the City that DESIGN -BUILDER: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. ARTICLE 21 - Prohibition on Discrimination Against Firearm and Ammunition Industries DESIGN -BUILDER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, DESIGN -BUILDER certifies that DESIGN-BUILDER's signature provides written verification to the City that DESIGN -BUILDER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. ARTICLE 22 -AUTHORITY TO SIGN DESIGN -BUILDER shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the DESIGN -BUILDER. ACCORDINGLY, City and DESIGN -BUILDER have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). DESIGN -BUILDER B: Name: 4A4 - Title: t' e a dsys- CITY OF F0RTWORTH: By: —�— Jesica McEachern Assistant City Manager Design -Build — W7th Bridge Lighting AgreementPage 12 of 18 Date: -QS/l'1 12c! By CITY: Approved as to Form and Legality Douglas Black (Sep 9, 2026 11:22:50 CDT) Douglas W. Black Sr. Assistant City Attorney M&C: 26-0520 Date: 09/16/2026 Approval Recommended: Lauren Pricur, P.E. Director, Transportation and Public Works Department .oQunnn� gA4LL FORT �aa ATTEST: Date: 6/23/2026 CC�� Q aC nEXa5oaa Jannette S. Goodall City Secretary 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 r Name Clint Hoover, P.E. Title Engineeringg Manager TPW Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Design -Build — With Bridge Lighting AAreenientPage 13 of 18 ACRO® CERTIFICATE OF LIABILITY INSURANCE 12/31/2026 DATE (MM/DD/YYYY) 9/4/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies, LLC DBA Lockton Insurance Brokers, LLC in CA CA license #OF15767 1185 Avenue of the Americas, Ste. 2010 CONTACT NAME: PHONE FAX Ext : IA/C, No): E-MAILM L ADDRESS: New York NY 10036 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : ACE American Insurance Company INSURER B: Mercer Insurance Company 22667 14478 (646) 572-7300 INSURED Highway Intelligent Traffic Solutions LLC 1561733 1500 High Meadows Way INSURER C : Redwood Fire and Casualty Insurance Co 11673 20044 Cedar Hill TX 75104 INSURER D : Berkshire Hathaway Homestate Ins Co INSURER E : AXIS Surplus Insurance Company 26620 INSURER F: COVERAGES CERTIFICATE NUMBER: 24018017 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRINSD TYPE OF INSURANCE ADDL SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y XSL G49373788 12/31/2025 12/31/2026 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence]_ $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 POLICY PE� LOC PRODUCTS - COMP/OP AGG COQ 000 X $ OTHER: Sir: $IM A AUTOMOBILE LIABILITY y y ISA H08890614 12/31/2025 12/31/2026 COMBINED SINGLE LIMIT Ea accident $ 2,000,000 X BODILY INJURY (Per person) $ XXXXXXX ANY AUTO OWNED II SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXXXXXX HIRED L1 NON -OWNED AUTOS ONLY AUTOS ONLY $XXXXXXX B UMBRELLA LIAB X OCCUR Y Y 22200338300 12/31/2025 12/31/2026 EACH OCCURRENCE $ 3,000,000 x AGGREGATE $ 3,000,000 EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ XXXXXXX C D D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? ❑N (Mandatory in NH) NIA Y HEWC627555 HEWC627711 (FL,MA,OR) HEWC627621 WI) 12/31/2025 12/31/2025 12/31/2025 12/31/2026 12/31/2026 12/31/2026 PER 0TH - X STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE j,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000.000 E Excess Liability: N N P-001-001796070-01 12/31/2025 12/31/2026 Each Occurrence: $3,000,000 Aggregate: $3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO TFIE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED. The General Liability Policy's General Aggregate limit applies per location and per project subject to a $4,000,000 General Aggregate policy limit RE: W. 7th Street Bridge Illumination Project (RFQ 26-0080) City Project No.: 105022 The City of Fort Worth, its officers, employees and servants are included as Additional Insured on a primary and non-contributory basis with respects to the General Liability, Automobile Liability and Umbrella Liability as required by written contract. Waiver of Subrogation applies in favor of the Additional Insured with respects to the General Liability, Automobile Liability, Umbrella Liability and Worker's Compensation as required by written contract. Thirty (30) Day Notice Cancellation, applies. CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 24018017 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 100 Fort Worth Trail Fort Worth TX 76102 AUTHORIZED REPRay.ir'iA VE C 1988-2015 ACORD CORPORAT ON '" l rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D683579 Certificate ID: 24018017 POLICY NUMBER: XSL G49373788 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed All locations where you perform work for such to include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior contract. to the date of loss 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 the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: 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: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Attachment Code: D683580 Certificate ID: 24018017 POLICY NUMBER: XSL G49373788 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG 20101219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any Owner, Lessee or Contractor whom you have All locations where you are performing ongoing agreed to include as an additional insured under a operations for such additional insured pursuant to any written contract, provided such contract was such written contract. executed prior to the date of loss. 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 B include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional C. With respect to the insurance afforded to these insured only applies to the extent permitted by additional insureds, the following is added to law; and Section III — Limits Of Insurance: With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: All work, including materials, parts or equipment furnished in connection with such work, on the pr That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 2. If coverage provided to the additional insured If coverage provided to the additional insured is is required by a contract or agreement, the required by a contract or agreement, the most we insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 Attachment Code: D683580 Certificate ID: 24018017 will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CO 20 10 12 19 Attachment Code: D683620 Certificate ID: 24018017 ADDITIONAL INSURED - DESIGNATED PERSONS OR ORGANIZATIONS Named Insured HELIX TRAFFIC SOLUTIONS, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H08890614 12/31/2025 TO 12/31/2026 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured" only for "bodily injury" or "property damage" resulting from acts or omissions of: 1. You. 2. Any of your "employees" or agents. 3. Any person operating a covered "auto" with permission from you, any of your "employees" or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. uthorized Representative DA-9U74c (03/16) Page 1 of 1 Attachment Code: D683722 Certificate ID: 24018017 POLICY NUMBER: ISA H08890614 Endorsement Number: TBD COMMERCIAL AUTO CA 04 49 11 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". 3. B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". Attachment Code: D683722 Certificate 1D: 24018017 POLICY NUMBER: ISA H08890614 Endorsement Number: TBD COMMERCIAL AUTO CA 04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: HELIX TRAFFIC SOLUTIONS, LLC Endorsement Effective Date: 12/31/2025 SCHEDULE Name(s) Of Person(s) Or Organization(s): City of Fort Worth Address: 100 Fort Worth Trail Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Attachment Code: D683722 Certificate 1D: 24018017 POLICY NUMBER: XSL G49373788 Endorsement Number:TBD COMMERCIAL GENERAL LIABILITY CG 24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s):Any person or organization against whom you have agreed to waive your right of recovery in a written contract, provided such contract was executed prior to the date of loss. I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 Attachment Code: D683722 Certificate ID: 24018017 DESIGNATED LOCATION(S) - GENERAL AGGREGATE LIMIT Named Insured Endorsement Number HELIX TRAFFIC SOLUTIONS, LLC TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL G49373788 001 12/31/2025 to 12/31/2026 12/31/2025 Issued By (Name of Insurance Company) ACE American Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM EXCESS COMMERCIAL GENERAL LIABILITY POLICY SCHEDULE Designated Location(s): Each location subject to annual cap. Designated Location Aggregate Limit: $4,000,000 A. Subject to and eroding the General Aggregate Limit shown in the Declarations, for all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to operations at a single designated "location" shown in the Schedule above: 1. The Designated Location Aggregate Limit shown in the Schedule above applies separately to each designated "location". 2. The Designated Location Aggregate Limit shown above is the most we will pay for the sum of damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C, which damages and medical expenses can be attributed only to operations at a single designated "location", regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. The General Aggregate Limit shown in the Declarations is the most we will pay for the sum of all damages under Coverage A except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and for medical expenses under Coverage C, regardless of the number of "locations". 4. Any payments made under Coverage A for damages or under Coverage C for medical expenses that are attributable to operations at a single designated "location" shall reduce the Designated Location Aggregate Limit for that designated "location". Such payments shall also reduce the General Aggregate Limit shown in the Declarations. 5. The limits shown in the Declarations for Each Occurrence, Premises Rented to You and Medical Expense continue to apply. The Each Occurrence Limit and the Damage To Premises Rented to You Limit will be subject to (a) the applicable Designated Location Aggregate Limit, as well as the General Aggregate Limit shown in the Declarations, or (b) the Products -Completed Operations Aggregate Limit, LD-28162 (10/09) Includes copyrighted materials of Insurance Services Office, Inc. with its permission. Page 1 of 2 Attachment Code: D683722 Certificate ID: 24018017 whichever applies. The Medical Expense Limit is subject to the Each Occurrence Limit, the applicable Designated Location Aggregate Limit and the General Aggregate Limit shown in the Declarations. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which cannot be attributed only to operations at a single designated "location" shown in the Schedule above and for all damages because of "personal and advertising injury" under Section I - Coverage B: Payments of such amounts shall not reduce any Designated Location Aggregate Limit; 2. A separate Non -Designated Aggregate Limit applies for all such damages and medical expenses and that limit is equal to the amount of the Designated Location Aggregate Limit shown in the Schedule above; and 3. Any such payments made, except those for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", shall reduce the amount available under the General Aggregate Limit and shall also reduce the amount available under the Non -Designated Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard" will reduce the Products -Completed Operations Aggregate Limit, and will not reduce the General Aggregate Limit or the Designated Location Aggregate Limit. D. For the purposes of this endorsement, the Definitions Section is amended by the addition of the following definition: "Location" 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. E. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply. All other terms and conditions remain unchanged. Authorized Representative LD-28162 (10/09) Includes copyrighted materials of Insurance Services Office, Inc. with its permission. Page 2 of 2 Attachment Code: D683722 Certificate ID: 24018017 POLICY NUMBER: XSL G49373788 001 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG 20 0112 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 �Il'G�9 �OtMYPM AcAWU)EMILtF-RS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Blanket Waiver Person/Organization: Blanket Waiver - Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 12/31/2025 Policy No.: HEWC627555 Endorsement No.: Insured: Premium $ Insurance Company: Redwood Fire and Casualty Ins Co WC 00 03 13 Countersigned by (Ed. 4-84) © 1983 National Council on Compensation Insurance Attachment Code: D684134 Certificate ID: 24018017 ATTACHMENT A City's Request for Proposals Design -Build -- W7th Bridge Lighting AgreementPage 14 of 18 REQUEST FOR PROPOSAL DESIGN -BUILD (DB) Design -Build Services for W. 7t'' Street Bridge Lighting City Project No. 105022 City of Fort Worth Mattie Parker Jesus "Jay" Chapa Mayor City Manager Lauren Prieur .Director, Transportation and Public Works Prepared for The City of Fort Worth Transportation and Public Works Department February 20, 2026 _LEE CnenECRIne 3030 LBJ Freeway, Suite 1660 Dallas, TX 75234 Texas Registered Engineering Firm F- 450 City of Fort Worth — W 7th Street Illumination CPN 105022 DB RFP (Form 10/12123) Table of Contents Section 1. Definitions and Documents.................................................................................4 Section 2. Description of Project ,5 Section 3. Small Business Goal............................................................................................ 8 Section 4. DB Contractor Services...................................................................................... 8 Section 5. Procedural Requirements Request for Qualifications....................................ii Section 6. Content of Statement of Qualifications and Evaluation Criteria ...................13 Section 7. Award and Execution of Contract.....................................................................18 Section 8. Bonds and Insurance Requirements..................................................................18 Section 9. Inspection and. Construction Material Testing ........................................... Proposed Schedule. .............................. 19 Section 10. p................................................................ Exhibits and Attachments (separately posted to Bonfire): Figure 1— Location Maps Figure 2 — Existing Conditions Available Survey Data ExhibitA — Proposed Project Key Personnel Form (If different from RFQ) Exhibit B — Safety History Table Form Exhibit C -- Certification of Professional Engineering Team Member Qualification Base Selection Form Exhibit D — Evaluation Criteria City of Fort Worth — W 7'" Street Illumination CPN 105022 2 DB RFP (Form 10112!23) Introduction: Congratulations. Your firm has been selected by the City of Fort Worth, Texas (City) to provide a proposal for consideration for award of a Design -Build Contract to provide design -build services in connection with the final design and construction to replace and upgrade the W 7th Street Bridge Lighting System, based on your response to the Request for Qualifications ("RFQ"). This second step of the process consists of a request for proposals (RFP) and an optional interview to establish a rank order of the proposers based on which firm will provide the best value to the City. The response to this RFP must contain two parts: a sealed technical proposal and a separate, sealed (protected) cost proposal. By this RFP, the City will evaluate the proposers on the following criteria: relevant experience and demonstrated past performance, technical competence, general understanding of the issues, identification of potential solutions for known challenges, capability to perform, and project delivery techniques. 1. Efficiency in overall delivery timeline (schedule). 2. Bridge, Lighting in general, and specifically, bridge arches lighting experience 3. Lighting control systems to control variable and multi -color lighting schemes as well as static lighting systems, such as in -wall safety or guide lights and sidewalk illumination. 4. Alignment of the DB Contractor and its Engineer in a. DB arrangement to optimize construction delivery and reduce risks to the project and the traveling public. 5. Effective cost management approaches through project delivery. 6. Ability to maintain the project for up to five years. City of Fort Worth — W 7th Street Illumination CPN 105022 DB RFP (Form 10/12/23) SECTION 1: DEFINITIONS AND DOCUMENTS A. Definitions: In this RFP capitalized terms whether defined herein, in the RFQ, or in the General Conditions (in the event of duplicate definitions which cannot be harmonized, the specific shall govern over the general) shall mean: Agreement means the written instrument memorializing the understanding between City and DB Contractor regarding the prosecution of the Work's Preconstruction Phase Services and Construction Phase Services. City or Owner means the City of Fort Worth, Texas. DB means Design -Build delivery method. DB Contractor means the entity or person with which the City will contract to provide the Preconstruction Phase Services and Construction Phase Services necessary for completion of the Project. Project Budget means the amount of $2000 000.00 in currently available funds. Construction Phase Services means the Construction Services for the Project as described in this RFQ, the RFP, and the Agreement. Construction Phase Fee means the fee, generally expressed as a percentage of the Cost of Work, that the Proposer seeks to earn for fulfilling the General Conditions (to include profit, general overhead and other costs associated with supporting the Work) and prosecution of the Construction Phase Services. Contract Documents means the entire contract consisting of the Agreement, the Request for Qualifications, the Request for Proposals, the DB Contractor's Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City, whether specifically attached hereto or provided separately. Engineer means the engineering firm selected by the DB Contractor, solely based on their competence and qualifications for this type of work and without consideration for the cost of those services, in accordance with Texas Government Code Ch. 2254.004. Guaranteed Maximum Price (GMP) means the maximum cost to the City for the DB Contractor to construct the Project. The GMP must be within the Construction Budget, inclusive of the Construction Phase Fee. Owner means the City of Fort Worth, Texas. Owner's Advisor means Lee Engineering, LLC, with whom the City has contracted to provide design criteria, procurement, and project management/delivery oversight assistance. Preconstruction Phase Services means the preconstruction phase services that the DB Contractor shall provide as described in this RFP and the Agreement. Preconstruction Phase Services Fee means the entire cost to provide the Preconstruction Phase Services, including overhead, profit, and all other expenses. City of Fort Worth — W 7th Street Illumination CPN 105022 DB RFP (Form 10112123) Project specifically means the replacement of the W 7th Street Bridge Lighting System including the bridge span arch lighting (color -changing LED), bridge sidewalk lighting, trail lighting at the bridge ends, street lighting along the bridge, and underpass lighting. Proposal means the Proposer's written response to the RFP. Proposer means a person, corporation, partnership, or other entity that submits a Proposal in response to this RFP. RFP means Owner's request for proposals seeking responses from eligible, invited Proposers, including the Proposer's proposed fees and prices for Preconstruction Phase Services and Construction Phase Services to design and construct the Project. RFQ means Owner's request for qualifications seeking responses from Respondents, including, at a minimum, the Respondent's relevant experience, technical competence, capability to perform, and project delivery techniques. Work means all labor, materials, equipment, and services necessary to construct, erect, install, equip, complete, and commission the Project as provided in the Contract Documents. Work shall not include Preconstruction Phase Services. B. Documents: The Exhibits and Attachments listed in the table of contents are posted to the City's Bonfire solicitation service and are incorporated as part of this RFQ. .SECTION 2: DESCRIPTION OF PROJECT A. The Project consists of the complete replacement of the existing W. 7th Street Bridge Lighting System in Fort Worth, Texas. The existing system includes the following lighting elements: 1. In -grade color -changing LED fixtures along the bridge span arches; 2. In -wall LED fixtures installed along the bridge sidewalks; 3. In -grade LED sidewalk fixtures located at the bridge ends; 4. Decorative LED street lighting along the bridge roadway; and 5. Underpass lighting. The project will replace these existing lighting elements with new fixtures of comparable or improved quality, durability, and performance. The project will also include installation of new wiring, a new lighting control system with communications capability, and the retrofit or replacement of the conduit system, as required. The project scope also includes bridge median reconstruction around one street lighting assembly, where the existing lighting assembly was previously damaged and removed. The project will address the need to protect the area between the bridge's protective curb and the arch spans where existing conduits are located. Respondents invited to submit a proposal shall propose a solution that provides a durable, watertight, and low -maintenance protective system to minimize water and debris accumulation, ensuring the long-term protection of the conduit infrastructure. The proposed solution should divert water and debris away from the conduit area, be compatible with the bridge structure, and maintain both aesthetic and functional considerations. No specific protective method or material is prescribed; innovative and effective solutions are encouraged. City of Fort Worth — W 7th Street Illumination CPN 105022 5 DB RFP (Form 10/12/23) Bridge Arch Lighting System Requirements: Respondents invited to submit a proposal for a lighting system for the bridge span arches that addresses the following considerations: durability, high quality, arch lighting, color -changing LED products recognized for reliability, energy efficiency, and dynamic lighting capabilities, suitable for architectural applications. Additionally, the City places paramount importance on the ease of maintenance of the lighting system. Other considerations of the project include: Protection against vandalism: Fixtures and enclosures should be designed to resist vandalism, unauthorized access, and tampering. Protection against water damage: Fixtures and associated infrastructure must effectively prevent water intrusion to ensure the system's long-term durability and functionality. System -wide color management: The lighting system must achieve a wide range of colors, both independently and uniformly, including the ability to produce a uniform and vibrant purple color. Respondents should describe their familiarity with products that achieve color consistency across all arch fixtures. The proposed lighting system should also be capable of integrating with other City lighting and control systems, including systems located at City Hall or other municipal facilities, as directed by the City. Proposers shall describe their approach to system interoperability, compatibility with existing or future City platforms, and any requirements for coordination, software licensing, or communication protocols. In addition, the system should support interactive and programmable features. The City desires the ability to schedule, program, and modify lighting displays for holidays, special events, civic celebrations, and community engagement initiatives. Proposers should describe available programming capabilities, user interface accessibility, remote access options, and the ability to support interactive or event -driven lighting features, including potential future expansion. The selected proposer/contractor will be responsible for maintaining the entire system, including allhardware, software, and control components, for up to five years. This responsibility will ensure consistent performance, timely repairs, and proactive upkeep to maintain the system's reliability and visual impact throughout its operational life. B. The Scope of Work includes design and construction for the following categories: 1. Topographic/ Boundary Survey (The City will provide the available survey information completed in 2024 — supplemental, if needed) 2. Concrete Roadway and Intersections 3. Signage and Pavement Markings 4. Traffic Control 5. Street Illumination, Bridge Illumination, Underpass Illumination City of Fort Worth -- W 7d' Street Illumination CPN 105022 DB RFP (Form 10/12/23) 6. Bridge Median Design to replace one Illumination Assembly 7. Landscape/Streetscape 8. Site Preparation C. Design Criteria. The following shall be used as the design criteria for the Project: 1. City of Fort Worth Transportation Engineering Manual - h s://www.fortworthtexas. ov/files/assets/ ublic/v/2/ w/documents/cfw- transportation-enneerin.a-manual. df 2. TxDOT Bridge Design Manual — LRFD - httr� • //Uri linemanuals, txdot.,gov/tx datm anual s/lrf/lrf df 3. TxDOT Retaining Wall Design - :/b /onlinemmanuals.txdot.goy/TxDOTOnIine danuals/TxDOTManua1s/aeo/retai:ni.n walls.htm 4. City of Fort Worth 2015 Stormwater Criteria Manual - https://aOss.fortworthtexas gov/ProjectResources/ 5. City of Fort Worth Pavement Design Manual - ht s•//apps fortworthtexas og v/PrajectResources/ 6. City of Fort Worth Traffic Signal Design Requirements - s fortw4rthtexas ov/ProiectResources/ 7. AASHTO's A Policy on Geometric Design of Highways and Streets, Latest Edition 8. The Design -Build Contractor shall account for all known utilities within the project limits. The City will provide the available preliminary utility information, including survey data. The DB Contractor shall supplement this data as needed. 9. The system must meet specific capacity requirements to support both current lighting loads and potential future expansions of the bridge's decorative and safety lighting infrastructure. 10..All final design documents, plans, and specifications must be prepared and sealed by a licensed Professional Engineer (P.E.) in the State of Texas. D. Project Team. Lee Engineering, LLC, City personnel from the Transportation and Public Works Department (TPW) and other departments as needed. E. Additional Professional Services. The Owner's Advisor andlor City will provide (1) inspection services, (2) testing of materials, and (3) any verification testing services necessary for acceptance of the Project. The City reserves the right to retain other professionals and consultants to assist with Preconstruction Phase and Construction Phase Services and to monitor the Work. Permissions/Rejections. The selected DB Contractor will not perform any phase of services until the City provides the DB Contractor with written notice to proceed City of Fort Worth -- W 7" Street Illumination CPN 105022 7 DB RFP (Form 10/12123) with that phase. The City may determine not to proceed with any and/or a portion of the Construction Phase Services, at the City's sole discretion. The City reserves the right to reject any or all Proposals. SECTION 3: SMALL BUSINESS GOAL In accordance with the City's Small Business Ordinance, No. 27832-08-25, the City has waived the goal for the participation of small businesses for this City project. SECTION 4: DESIGN -BUILD {DB) CONTRACTOR SERVICES The Proposer selected as the DB Contractor after qualifications and proposals are considered is expected to be able to comply with the following: A. PRECONSTRUCTION PHASE SERVICES The DB Contractor will provide the following Preconstruction Phase Services: 1. Provide a Project Manager, all Key Personnel, and all other associated personnel necessary to fully meet the DB Contractor obligations for the Preconstruction Phase Services; 2. Participate in one Project kick-off meeting for Preconstruction Phase Services; 3. Participate in bi-weekly meetings or workshops with the City, Owner's Advisor or others as needed; 4. Provide Insurance for the Preconstruction and Construction Phases as described in Section 8; 5. Provide monthly progress reports and percent of complete billings; 6. Provide monthly project planning and scheduling report (using critical path method, if required) and prepare cash flow analyses for both the Preconstruction and Construction phases; 7. Provide professional engineering and/or design services to include signed/sealed drawings and specifications and other design documents as necessary for the construction of the Project; 8. Provide 30%, 70%, and 95% milestone design deliverables and, coordinate design review workshops with the City and Owner's Advisor, and document incorporation of comments from said reviews; 9. Perform and document constructability reviews to address constructability issues of the design documents, plans, and specifications; 10. Provide written reports and recommendations on design, packaging, and construction sequencing to advance construction and address supply chain/material availability risks. 11. Develop and maintain a real-time, open -book cost model of the Project, updated with each design milestone leading to the submission of a GMP Proposal; 12. Incorporate the City's standard specifications and provisions relating to quality, safety, community, and environmental factors into design documents and construction phase plans; 13. Identify, evaluate, and propose alternatives to reduce the schedule, reduce costs, or otherwise improve the Project for the City. Provide cost/benefit analysis of alternatives to the City for approval prior to incorporation in the GMP; 14. Develop for review an emergency/site safety plan and a quality management plan that complies with the Contract Documents. Develop for review a Quality Assurance/Quality City of Fort Worth — W 7th Street Illumination CPN 105022 8 OB RFP (Form 10/12/23) Control (QA/QC) program to outline continuing attention to the production and installation of fit -for -purpose Work; 15. Provide an environmental management plan detailing programs for a storm water pollution prevention plan and handling other environmental issues (dust, on -site chemicals and fuel, etc.) required to comply with permits and regulations applicable to the Project; 16. Provide updated subsurface utility engineering (SUE) up to and including Level A, as required, to reconfirm the location of existing or relocated utilities after initial SUE, or, if none, to ascertain subsurface conditions and physical conditions of existing subsurface facilities and underground utilities as needed to minimize schedule delay and cost impacts in advance of construction. The DB Contractor may provide in the GMP for additional SUE investigations to improve the adequacy and completeness of the site condition information; 17. Create or utilize Contract Documents that are sufficiently clear and detailed to minimize ambiguity and scope interpretation during the Construction Phase; 18. At a mutually agreeable design percent complete, provide a complete, detailed, written GMP Proposal, resource -loaded baseline schedule with anticipated cash flow, line item cost breakdowns with conditions and assumptions, and DB Contractor Contingency. Provide open book pricing, including raw costs, markups, adjustments, and conditioning or other cost data for DB Contractor, or DB Contractor's subcontractors if requested by the City; 19. Attend, prepare, and lead a meeting with the City and the Owner's Advisor to present the GMP Proposal. DB Contractor shall negotiate in good faith with City staff on the GMP Proposal. B. CONSTRUCTION PHASE SERVICES The DB Construction Phase Services will be provided for a fixed cost, as identified in the GMP Proposal, to be submitted at the conclusion of Preconstruction Phase Services or as a component of the Preconstruction Phase Services, and described in the General Conditions. The DB Contractor will provide the following Construction Phase Services: l.. Provide Performance Bond, Payment Bond, and 2 -year Maintenance Bond(s) as described in Section 8; 2. Participate in one Project Kick -Off Meeting for Construction Phase Services; 3. Coordinate, oversee, furnish, install, and manage construction of the Work in strict accordance with the Contract Documents, including the Plans and Specifications and General Conditions, within the Guaranteed Maximum. Price and within the Contract Time agreed upon by the DB Contractor and the City. DB Contractor shall provide or procure all necessary labor, equipment, and materials to complete the Work; 4. Establish contracts with subcontractors and material suppliers to perform the Work and maintain strict enforcement of City's or other applicable prevailing wage requirements; 5. Review andmonitor the final design and submittal process to finalize equipment, materials, and systems for use in the Work; 6. Review site safety/emergency response plan with subcontractors; 7. Coordinate with and acquire all applicable permits from local and state agencies unless otherwise defined in the Contract Documents, as necessary; 8. Coordinate with all third parties hired by the City in connection with or to help facilitate the Work; 9. Procure all necessary labor, materials, and equipment not previously procured during the Preconstruction Phase to facilitate the Construction Phase of the Project; City of Fort Worth — W 7'1' Street Illumination CPN 105022 9 DB RFP (Form 10/12123) 10. Manage all procurement and construction -related subcontracts. This includes inspection of the Work performed by subcontractors to verify conformance with the Contract Documents; 11. Monitor and maintain quality controls over shop drawings, equipment, materials, implementation, and the Work; 12. Implement the construction site safety plan to provide a safe working environment for the Project; maintain, update, and implement as needed the emergency response plan; 13. Conduct a Preconstruction Meeting with all the contractors, subcontractors, inspectors, City staff, and other entities performing major elements of the Work prior to the start of their Work activities; 14. Implement traffic control plans created during the Preconstruction Phase or provide mutually agreeable alternative plans based on actual field conditions; 15. Comply with City, county, or state regulations for the management of storm water, dust, and other regulatory environmental requirements; 16. Follow established protocols and procedures to track, expedite, and process all submittals, Project change orders/Field Orders, and requests for information; 17. Monitor and update monthly the Critical Path Method or other scheduling for the Project, and prepare three-week look -ahead work schedules consistent with the overall schedule. Provide monthly progress reports, inclusive of earned value analysis of the progress achieved to date, any concerns regarding delays or potential delays, and. any recommendations regarding mitigating actions; 18. Monitor and update monthly: contingency (DB Contractor's contingency and Owner's Contingency), Project Allowance, and shared savings tabulations and DB Contractor's cumulative earned fee; 1.9. Review and process all pay request applications from subcontractors; 20. Conduct monthly progress meetings with the on -site trade foremen or superintendents and subcontractor representatives, as applicable; 21. Attend bi-weekly (every two weeks) meetings with City Staff, Owner's Advisor (as needed), inspectors, and other entities; 22. Supervise, receive, and manage product warranties/guaranty documents, if any, issued for materials or equipment and related installation, and provide the same to the City upon Final Acceptance of the Project, or at a date negotiated by the Parties; 23. Conduct walk-throughs at Substantial Completion and for the Final. Inspection with the Transportation and Public Works Department, PARD, and Owner's Advisor at the appropriate times and at 20 months after Final Acceptance regarding the two-year warranty. 24. Implement close-out procedures and complete punch list items necessary for the City to accept the Project as being finally complete; provide lien waivers and affidavits of bills paid from all subcontractors and material. suppliers; 25. Complete all Construction Phase Services and Work no later than the end date of the Project Time established as part of Article 6 — Project Time and Liquidated Damages, of the DB Agreement; 26. Prepare a final report on all construction costs and provide final as -built documents in hard copy, PDF, and/or other electronic format as specified by the City or the Owner's Advisor. City of Fort Worth — W 7"' Street Illumination CPN 105022 10 DB RFP (Form 10/12/23) SECTION 5: PROCEDURAL REQUIREMENTS - REQUEST FOR PROPOSALS A. RESERVATION OF RIGHTS 1. The City may reject any or all Proposals and/or waive minor deviations and/or irregularities therein and evaluate Proposals. 2. The City reserves the right to cancel this Project for any reason at any time during the proposal evaluation process without incurring any obligations or liabilities. 3. The City reserves the right to modify the DB Contractor procurement schedule. B. SUBMISSION OF PROPOSALS 1. Receipt of All Proposals: Proposals including all required forms and documents must be uploaded to Bonfire at hops://fortworthtexas.borrfirehub.com. Facsimile submittals and hard copies will not be accepted. All sealed Proposals must be fully uploaded to Bonfire no later than 2:00 pm on Friday, March 13, 2026. Proposals received after the date and time or delivered in another manner other than specified herein will be considered non -responsive. Conflict of Interest Questionnaire: Each Proposer must complete and submit directly to the City Secretary's Office, an original Conflict of Interest Questionnaire. If a Proposer already has a Conflict of Interest Questionnaire on file with the City Secretary's Office, a Proposer may so certify to that fact. 2. Proposals: Each Proposal should be prepared simply and provide a straightforward and concise description of the Proposer's ability to perform, as a DB Contractor, the required Preconstruction Phase Services and Construction Phase Services described in this RFP and the .Agreement as per the General Conditions. Emphasis should be on completeness, clarity of content, responsiveness to the requirements and an understanding of the City's needs. Vague or misleading statements will be viewed unfavorably. 3. Modifications to Submissions: No modifications to materials that have been submitted to the City are allowed unless Proposer withdraws its entire response. Resubmittal is acceptable up to the time specified for submittal of Proposals. 4. Disclosure of Proprietary Information: With the exception of work product contained in the Proposal, all materials submitted to the City become public property and are subject to the Texas Public Information Act upon receipt. If the Proposer does not desire non -work product information that it considers to be proprietary to be disclosed, each page must be identified and marked proprietary at the time of submittal. The City will, but only to the extent allowed by law, endeavor to protect such information from disclosure. Failure to identify other proprietary information will result in all unmarked sections being deemed non-proprietary and available upon public request. City will notify any and all Proposers if a Public Information Act request is received to allow a. Proposer to prepare its own response to protect its other proprietary material beyond that which the City is allowed. Entire Proposals marked as proprietary will not be provided any special care under a PIA request, beyond that which is required under Texas Government Code Chapter 2269.364. The City City of Fort Worth — W 7t'' Street Illumination CPN 105022 11 DB RFP (Form 10)12123) will return all copies of proposals and supporting information to unsuccessful Proposer, or, if so instructed by Proposer, delete all electronic copies. 5. Costs of Preparing Proposal: All costs of preparing the Proposal shall be the sole responsibility of the person or entity submitting the information. 6. Information and Questions: Information requests and questions must be submitted via Bonfire no later than February 27, 2026, at 5:00 pm. Responses to all requests and questions will be distributed via Bonfire no later than March 6, 2026. 7. Anti Lobbying: Proposers submitting Proposals and any interested subcontractors are prohibited from directly or indirectly communicating with, including but not limited to contact by email, phone or in person, any City of Fort Worth representative or the Owner's Advisor regarding this RFP, except as provided herein for requests for further information. 8. Submission of Proposal: The Proposal shall be limited to 15 pages. Proposals shall be formatted on letter -sized (8.5 -inch by 11 -inch) or tabloid -sized (1I -inch by 17 -inch) paper. Letter -size paper shall count as 1 page, and tabloid -size paper shall count as 2 pages. Any page sizes other than letter (8.5 -inch by 11 -inch) or tabloid (11 -inch by 17 -inch) are NOT permitted, nor are any pages, counted as described above, in excess of 15 pages permitted. Sections should be divided by divider tabs (slip pages) for ease of reference. The 15 -page maximum does not include a one -page cover letter, table of contents, project schedule, or divider tabs under the following provisions: The table of contents, cover letter, delineating tabs, project schedule, and any other sheets not counted in the page count should only be used for their general intended purpose. Pictures or images without any text are permissible. No graphs, stats or tables of any kind or size are permitted on these sheets. Delineating tabs may have a single -line title (not a complete sentence) and pictures or images as described above. They are to contain the title and pictures/ images only. All proposals shall include a schedule for both pre -construction and construction -phase services. The schedule is not considered part of the 15 -page count. The Proposal shall use 11 pt. font or larger for all text within the proposal. Please provide one (1) electronic (PDF format only) copy of the proposal including all required forms and attachments as indicated on Bonfire. A cover letter is required, and a signature must appear on the cover letter. Either a scanned wet signature or digital signature is acceptable for the cover letter. Resumes of Key Personnel, if different from those submitted with the response to RFQ, may be uploaded to Bonfire if desired, not to exceed an additional 10 pages and they are not included in the 15 -page count. All pages not included in the page count shall be 8.5 -inch by 11 -inch. All proposals and associated documents shall be written in English. Failure to comply with these guidelines may result in disqualification. City of Fort Worth -w 7th Street Illumination CPN 105022 12 DB RFP (Form 10112123) SECTION 6: CONTENT OF PROPOSAL AND EVALUATION CRITERIA Proposers shall submit complete responses to all requirements described in this RFP. Concise submittals are preferred, however, proposals must be sufficiently detailed to explain potential project technical innovations and project delivery strategies, and to demonstrate that the Proposer can successfully design and deliver the Work. Proposals containing incomplete information may be rejected. Proposals not adhering to the requirements described may be rejected. The respondent's proposed methodology for the application of general conditions cost, and the DB Contractor's Construction Phase Fee will be, as outlined below, incorporated into the assessment of value provided to the City by the proposer. The City will evaluate and rank each. responsive technical proposal using the evaluation criteria and assigned point values outlined in this Section. The technical proposals will be opened and scored first. Subsequently, the cost proposals will be opened and scored based on the provided methodology. A. The Proposal must contain the following information in the following order: t. Cover Letter (Pass/Fail): Not to exceed one page (Not included in page count). The Proposer's one -page cover letter should clearly state that the Proposal is valid for 90 days from submission of the Proposal and should be signed by an individual with authority to commit the Proposer to the Project. 2. Technical Proposal (80 points): Not to exceed 15 pages. Proposer shall provide a narrative document addressing all submittal requirements below considering the Project defined in this RFP and supported by the RFQ. The following sections include additional submittal requirements and associated evaluation criteria that the City will use to develop a final ranking of the Proposers: A. Detailed Proposed Team and Work Plan/Approach (30 Points) — Submit a description of the Proposer's philosophy and detailed approach to the Work. Provide detailed responses to the information requested below: 1. Pre -Construction Phase Team and Work Plan: a) 'Identify the companies and staff personnel that will fill key project roles on Proposer's team including project management, lead design, quality control management, quality assurance and other roles Proposer believes are important for. the Pre -Construction Phase (such as geotechnical, hydraulics, hydrology, structural, environmental, utility, etc.). b) Describe the Proposer's tools for managing cost and schedule in real-time and approach to construction sequencing, construction phase franchise utility requirements, and to develop the project design paying special attention to the risks identified above, and the process to ensure additional risks and coordination requirements are identified at the appropriate time in the design process. City of Fort Worth — W 7th Street Illumination CPN 105022 13 DB RFP (Form 10112123) 2. Construction Phase Team and Work Plan: a) Identify any additional companies (if they differ from the Pre -Construction Phase companies) and staff personnel that will fill key project or task leader roles on the Proposer's team during the construction phase. b) Describe Proposer's current understanding of project -specific risks and risks typical of similar projects, as well as Proposer's approach to managing these risks to ensure budget, schedule and quality of the project. c) Describe Proposer's approach to managing job site safety and quality control of self -performed and subcontracted work. 3. Project Schedule: a) Show, in Gantt chart form, the anticipated schedule for the entire project duration including both Pre -Construction and Construction phases. A proposed project schedule is excluded from the 15 maximum page count. b) At a. minimum, Proposer should clearly identify any possible early work packages, phase durations, critical logic ties, GMP dates, substantial completion date, and final completion date. B. Concepts to improve Project Design or Project Delivery Efficiency (50 Points) — Submit information related to the Proposer's ideas on methods to improve the project design through innovative approaches or design techniques or to improve the delivery efficiency of the Project. These recommendations can be procedural or design in nature and can include modifications to the project scope if that could demonstrate benefit to the City. This information is considered work product for purposes of confidentiality. a) Lighting System & Controls: Provide a comprehensive description of the entire proposed lighting system and controls infrastructure. o Specifications: Include detailed specification sheets for all proposed LED fixtures, control nodes, and gateways. The proposal must include technical data on lumen output, wattage, power factor, and IP ratings. o Color Consistency: Detail the control system's ability to achieve system- wide color consistency across all arch fixtures. Describe the proposed hardware and software components to maintain full color control and functionality. o Control Interface: Describe the software interface and options for both local and remote (individual) control of light levels and on/off functions. The proposed lighting system should also be capable of integrating with other City lighting and control systems, including systems located at City Hall or other municipal facilities, as directed by the City. Proposers should describe their approach to system interoperability, compatibility with existing or future City platforms, and any requirements for coordination, software licensing, or communication protocols. In addition, the system should support interactive and programmable features. The City desires the ability to schedule, program, and modify lighting displays for holidays, special events, civic celebrations, and community engagement initiatives. Respondents should describe available programming capabilities, user City of Fort Worth -- W 7th Street Illumination CPN 105022 14 DB RFP (Form 10112123) interface accessibility, remote access options, and the ability to support interactive or event -driven lighting features, including potential future expansion. b) Water Entry: Provide a detailed description of the proposed solution to mitigate water entry to all fixtures and conduits, particularly in the area between the bridge's protective curb and the arch spans. The narrative must explicitly address how the proposed fixtures, conduit and/or installation methods ensure a durable, watertight system that preserves functionality and minimizes long-term maintenance needs. c) Vandalism Protection: Describe the design features, materials, and specific installation methods employed to make the pedestrian lighting components on top of and under the bridge more resistant to vandalism or damage. d) Maintenance and Warranty: Provide a detailed, multi -year plan (up to five years) for maintaining the entire system, covering hardware, software, and controls. Include specifics on: o Warranties: Clearly state product warranties, coverage details, and associated shipping/handling costs for repairs. o Manufacturer Support: Outline the plan for troubleshooting and providing emergency contact information for manufacturer support. Cost Proposal (20 Points) — Not to exceed 7 pages and to be submitted in a separate, sealed electronic file. Proposers shall respond to the cost items below. The proposer may provide additional information or clarifications on how the percentages below were developed. All cost item responses should correspond to the proposed schedule submitted. Proposed Costing Methodology shall comply with the page size and font restrictions described above. This information is considered work product for purposes of confidentiality. A. Pre -Construction Phase Fee (10 points) -- Provide a fee for the Pre -Construction Phase Services that corresponds to the proposed scope of services in the Technical Submittal. This fee should be sufficiently detailed to allow the City to understand and evaluate costs for the major pre -construction phase services. The .Pre -Construction Phase Fee is to be expressed in dollars. B. Construction Phase Fee (10 points) -- Provide Proposer's Costing Methodology for the Construction Phase Fee to deliver the Project expressed as a percentage of the Cost of Work. The Construction Phase Fee will ultimately be included within GMP and not subsidiary to it. C. Five-year maintenance cost. The City requires the Design -Build Contractor to provide comprehensive maintenance services for the complete lighting system for a period of five (5) years following Final Acceptance. The intent of this requirement is to ensure that the lighting system remains safe, reliable, and fully operational with minimal disruption to the public and minimal operational burden to the City. The Contractor shall be responsible for maintaining the entire lighting system installed under this project, including luminaires and fixtures; poles, foundations, mast arms, and mounting hardware; conduit, wiring, pull boxes, and service connections; control cabinets, photocells, time clocks, City of Fort Worth — W 71h Street Illumination CPN 105022 15 DB RFP (Form 10112123) networked or smart lighting controls; surge protection devices; and any decorative or pedestrian -scale lighting elements. The system shall be maintained as a fully integrated whole. Throughout the five-year term, the Contractor shall provide both preventive and corrective maintenance. Preventive maintenance shall include, at a minimum, semi- annual inspections of the system; cleaning of fixtures and lenses as necessary to maintain light output; inspection of poles, anchor bolts, mounting hardware, wiring, and conduit; and testing of lighting controls and communication components. Corrective maintenance shall include prompt response to outages or system malfunctions identified by the City or the Contractor. Initial response shall occur within forty-eight (48) hours of notification, and repairs shall be completed as quickly as reasonably possible. Individual outages shall not remain unresolved for more than five (5) calendar days unless extended material lead times are documented and approved by the City. The Contractor shall provide all labor, materials, equipment, supervision, and traffic control necessary to perform the work safely. The lighting system shall maintain a minimum of ninety-five percent (95%) operational uptime, measured annually. No more than five percent (5%) of installed luminaires may be non -operational at any given time, excluding damage caused by third parties or force majeure events. Repeated or chronic outages in specific locations shall be investigated and permanently resolved. The Contractor shall maintain records of all maintenance activities and provide an annual summary report documenting preventive maintenance performed, corrective repairs completed, system performance and uptime, and any recurring issues or recommendations. Proposers shall include in their Price Proposal a fixed annual cost to provide the five- year maintenance services described above. The annual fee shall include all labor, materials, equipment, supervision, and incidentals required to maintain the lighting system in good working order. Proposals shall clearly state any assumptions regarding component replacement and identify any exclusions. D. Provide an explanation on how these costs will be applied in Pre -Construction Phase cost modeling of the complete project and at the GMP proposal, particularly in application to the Cost of Work. E. Cost sharing Proposals (unscored): The City will entertain Proposer's request to share savings of the project's contingency, not including the Owner's Allowance, on a percentage basis. Evaluation of cost -related items will be as follows: For each item, the lowest value provided will be awarded the full points associated with the item. All other responses will be weighted against the lowest cost to develop a point value. The sum of the Technical Proposal's points and the Cost Proposal's points will be the overall score used in the evaluation. City of Fort Worth — W 7B, Street Illumination CPN 105022 16 DB RFP (Form 10112/23) 3. Acknowledgement of Addenda (Responsive/ Non -Responsive). Not included in page count. Proposer shall acknowledge any addenda provided for this RFP by signing and dating the cover sheet of each addendum. Failure to acknowledge all addenda may render a Proposer non -responsive and cause the Proposal to be rejected. B. Review of Proposals, Interviews, and Final Ranking The City will convene a team to review the two submittals (technical and cost proposals), apply the Evaluation Criteria set forth in this RFP and to rank the Proposers based on their points to determine which firm provides the best value to the City. The City may choose to hold interviews following the initial review of proposals. The interview would be used to address detailed questions related to Technical Proposal Items A and B to finalize the scores for each item. Additional information and requirements for interviews will be provided after the proposal deadline if interviews are held. The City may also hold 1 -on -1 discussions with individual teams prior to submitting the proposal to address each team's proprietary questions. Following the proposals and any potential interviews, the evaluation team will finalize the technical proposal scores. The final ranking of Proposers will be determined using the following formula, which combines the weighted scores of the Technical Proposal and the Cost Proposal: Final Score = (Technical Proposal Scorex0.80) + (Cost Proposal Scorex0.20) The Proposer with the highest Final Score will be considered the top -ranked firm for contract negotiation. C. Release of Information After the City Council authorizes execution of the DB Contractor Contract, the City will document the basis of its selection and make the Proposal evaluations public. Unsuccessful proposals will be returned or deleted. D. Guaranteed Maximum Price 1. The GMP will be established during the Preconstruction Phase Services and will be acknowledged as an amendment to the Agreement. The DB Contractor assumes the risk of completing the Work for the stated GMP and within the allotted Contract time. Cost sharing arrangements are more fully described in the Contract. Adherence to the GMP, as may be amended by the Parties, shall be the responsibility of DB Contractor. Cost overruns shall be borne by the DB Contractor. 2. Prevailing Wages. The City is required to comply with Chapter 2258 (as amended) of the Texas Government Code. This statute, among other things, requires all contractors and subcontractors performing public works contracts for a municipality to: a. pay the prevailing wage rate as determined by the municipality; City of Fort Worth - W 7th Street Illumination CPN 105022 17 DB RFP (Form 10112123) b. keep records of the name and occupation of each worker, laborer and mechanic employed by them to work on the Project and the actual per diem wages paid to each; and c. forfeit, as a penalty, sixty dollars ($60.00) per day for each laborer, worker, or mechanic who is not paid the stipulated wage for the type of work performed by him as required by the Labor Classification and Minimum Wage Scale. The City is authorized to withhold the penalty amount from the DB Contractor's payment, as provided in the statute. The prevailing wages information is provided as an attachment to this RFP for the major elements of the Work of this Project and should be included in the GMP calculation. See Attachment(s) SECTION 7: AWARD AND EXECUTION OF CONTRACT After evaluation and ranking of proposals, staff will attempt to negotiate a contract with the top - ranked Proposer. If negotiations fail, the City will end the negotiations in writing and commence negotiations with the next -highest ranked Proposer, and so on, until a contract is negotiated or all candidates are rejected. If the City so chooses, it may provide a stipend of one-half of one percent (0.5%) of the final contract amount to any unsuccessful Proposer whose proposal is not accepted, to allow the City to make use of the work product contained in that party's proposal. Acceptance and payment of this stipend will grant the City full rights to use any information, techniques, methods, processes, and design elements contained within the unsuccessful proposal at the City's sole risk and discretion. Work product from any unsuccessfulproposal remains confidential and may not be released to the public unless the stipend is accepted and paid. At this stage, staff will negotiate only those items listed as Exceptions to Agreement - Exhibit A, and any cost sharing proposals. Excessive contract exceptions will be viewed unfavorably. The initial notice to proceed will be for the Preconstruction Phase Services, only, which may include early works packages as needed for schedule compliance. The City may elect not to proceed with the Construction Phase Services, at the City's sole and exclusive discretion. As provided in the Agreement, the City may terminate the contract after the Preconstruction Phase if a GMP cannot be negotiated during the Preconstruction Phase as well as during the Construction Phase - with or without cause. �:re!arrfr�ersee�:�r! f . SECTION 8: BONDS AND INSURANCE REQUIREMENTS Performance and Payment Bonds. Performance and payment bonds will not be required for pre - construction services. At the time a GMP proposal is accepted, performance and payment bonds shall be secured with penal sums in an amount equal to the GMP as specified in this RFP and on a form acceptable to the City. The DB Contractor shall deliver the bonds not later than the 10th day after the date the GMP is accepted. Should DB Contractor issue one or more early works packages that have an amount (individually or collectively) that exceeds $25,000.00, a Payment Bond shall be issued in the gross amount of the early works package(s). City of Fort Worth —W 7th Street Illumination CPN 105022 18 DB RFP (Form 10112/23) Maintenance bonds are required, said bonds shall be provided or procured by the DB Contractor and shall be in the name of and in favor of the City. All payment, performance and maintenance bonds issued with respect to this section shall be provided by a surety authorized to do business in the State of Texas and in accordance with Texas Gov't Code 2253. Construction Phase Bonds shall be the City's standard forms: 00 61. 13 Performance 00 61 14 Payment 00 61 19 Maintenance bonds 00 61 25 Certificate of Insurance Insurance. Please refer to Attachment I General Conditions for DB Project at Article 5, Section 5.03-5.05 for detailed insurance values, limits, and descriptions. SECTION 9: INSPECTION AND CONSTRUCTION MATERIAL TESTING The Owner's Advisor and/or City will provide, independently of the DB Contractor's services, inspection services, testing of construction materials, and the verification testing services necessary for acceptance of the Work. The selected Proposer will be required to coordinate these services. to coordinate these services. SECTION 10: PROPOSED SCHEDULE RFP Phase Schedule (subject to change) Notice of Shortlisted Proposers/Issuance of RFP February 20, 2026 Deadline for Questions/Comments (5:00 PM) February 27, 2026 Final RFP Addendum Posted (5:00 PM) March 6, 2026 Proposal Submittals Due: 2:00 PM March 13, 2026 Evaluation of Proposals March 16 — March 27, 2026 Interviews with Proposers April 2, 2026 Notice to Selected DB Contractor April 6, 2026 Contract Negotiations April 8-15, 2026 DB Contractor Contract Award (M&C) May 15, 2026 City of Fort Worth — W 7t'' Street illumination CPN 105022 19 DB RFP (Form 10112/23) ATTACHMENT B Design -Builder's Pre -Construction and Construction Services Scope of Work Design -Build — W7th Bridge Lighting AgreementPage 15 of 18 DESIGN -BUILD SERVICES W 7TH STREET ILLUMINATION CITY OF FORT WORTH City Project Number (CPN)105022 Submitted by: Highway Intelligent Traffic Solutions LLC Pricing in HITS proposal is good for 90 days 03.20.2026 David Steffen, VP of Operations Sgnature: �G�� kIlTS HIGHWAY INTELLIGENT TRAFFIC SOLUTIONS A Mq Company 03.20.2026 City of Fort Worth Transportation & Public Works Department, Fort Worth, Texas PROJECT APPROACH Highway Intelligent Traffic Solutions LLC is pleased to submit this proposal for Design -Build Services for the City of Fort Worth — W 7th Street Illumination Project (City Project Number 105022), in accordance with the City's Standard Construction Specification Documents and solicitation requirements. For this project, Highway Intelligent Traffic Solutions LLC proposes to serve as the Design -Build prime contractor, providing overall project management, construction, coordination, and quality control. The project will be delivered through an integrated Design -Build approach that emphasizes early coordination, constructability-driven solutions, schedule reliability, and strict adherence to City of Fort Worth requirements. For this project, we have partnered with Sesco Lighting to provide Color Kinetics Graze Elite solution, a proven and robust lighting product adapted for use on this project. Color Kinetics is the largest supplier of bridge lighting solutions in the world and will provide support throughout design development and project delivery. Sesco Lighting will also provide roadway lurninaires, wall pack lighting, and underdeck lighting solutions for the project, some of which are already approved by and in use on other City of Fort Worth corridors. We are also proud to partner with Kannon Manufacturing to provide a design stainless steel and galvanized sheet metal solutions for the covering of the bridge wall to bridge rail, in accordance with project requirements. For professional engineering support, we are joined by Concord Engineering, Inc and S2E Consultants. We have a comprehensive understanding of the project scope, site conditions, and constraints, and we look forward to partnering with the City's team to identify the best design solutions. The designs we propose will be tamper -resistant and vandal -resistant to the greatest extent possible. Risk identification and mitigation strategies will be incorporated throughout the project. The Design -Build phase will utilize a collaborative decision -making approach for all project deliverables, including aesthetic bridge lighting, roadway lighting, walkway lighting, underdeck lighting, lighting controllers, and housing of all components to be as secure and tamper - resistant as possible. We agree to all "Bridge Arch Lighting System Requirements" in the proposal and believe our proposal will meet or exceed these requirements. Design development will be aligned with cost, schedule, constructability, sustainability, maintenance considerations, and regulatory requirements for all proposed solutions. Constructability reviews will be conducted between the design team and construction team as needed throughout the project. Aesthetic lighting will be the most costly and challenging element to make tamper resistant solution. Mockup of design will be developed to demonstrate anticipated lighting performance in alignment with design intent on the bridge arches during the preconstruction phase of the project. Once the design is approved, manufacturers will provide final volume pricing for the selected solutions. PRECONSTRUCTION PHASE SERVICES Engineering Services Project Illumination system design and construction QC will be led by Mansur Ahmed, PE, PTOE and Andrew Huang, PE for this project. This team brings nearly twenty years of illumination, electrical, and integrated ITS engineering experience with extensive hands-on Design -Build delivery background across multiple DOTs, transit agency, and large infrastructure programs. Concord has delivered lighting system design for interstate corridors, bridges, complex interchanges, tunnel environments, transit facilities, multimodal paths, and urban pedestrian spaces, including numerous locations where bridge structures, underpasses, or elevated facilities required specialized illumination solutions. Concord offers extensive experience in roadway, pedestrian, shared -use path, architectural, and safety illumination design specializing in the full spectrum of lighting analysis and application, with advanced AGi32 photometric modeling across highways, interchanges, bridges, underpass, roundabouts, and transit station environments. Teams experience adds depth through integration of lighting with traffic signals, ITS networks, fiber communications, tunnels, and under -bridge environments. Team's familiarity with federal, regional, and local lighting criteria ensures every design meets the required safety, regulatory, and operational expectations. The team's Design -Build experiences with other bridge projects adds value to this project as the team is very knowledgeable on how lighting interacts with bridge geometry, shadow conditions, and limited mounting space, ensuring performance, constructability, and maintainability. Together they bring substantial electrical engineering skill to illumination design, including distribution planning, load calculations, voltage -drop analysis, and service point coordination with utility service providers. Their work routinely involves the routing of conduits around or through structural elements, detailed connections of lighting fixtures and conduits to the structural elements and reviewing submittals for constructability and compliance. Concord design leads have delivered illumination design on multiple major Design -Build projects where lighting must be integrated with roadway, structural, and electrical packages. Their past work includes many illumination design projects including highway lighting design within the DFW area such as SH 356 corridor lighting design, larger scale Design -Build projects, and aesthetic color lighting design and programming such as the City of Irving Signature Bridge. The SR 520, I-5 to Montlake — I/C and Bridge Replacement Design -Build Project required integrating tunnel lighting with ITS equipment and reversible lane systems to allow remote monitoring and control for emergency lighting through lighting SCADA. Monsur's contributions to ITS and electrical integration helped ensure that illumination and related systems were designed within constrained under -bridge spaces, lid structures, and tunnel portals. One of the major challenges for this project was that the conduit systems running through bridge box girder, column structure, and structural joints needed to be designed to sustain full joint movements during seismic events. Monsur coordinated with structural designers, contractors, client SMEs, and developed unique designs using special conduit sleeves and liquid tight flexible conduit loops to satisfy that requirement while maintaining NEC design standards. On the I-5 Steilacoom—Dupont Interchange (Design -Build), Andrew led illumination design for a reconstructed interchange including bridges, shared -use paths, and roundabout elements, coordinating service points with utilities and providing construction support to ensure the design was executed efficiently. Similarly, on the 1-405 Brickyard to SR 527 project, he produced both roadway and pedestrian -level lighting for elevated BRT platforms, pedestrian plazas, and bridge -adjacent infrastructure navigating structural conflicts, maintaining photometric performance, and accommodating complex bridge interfaces. Across multiple Design -Build programs, Concord has demonstrated the ability to prepare deliverables for this project including meeting 30%, 70%, and 95% illumination design milestones efficiently and accurately, incorporating agency feedback, updating design documents efficiently, and maintaining comprehensive revision histories. The Concord design process will include robust QA/QC practices for the design deliverables where designer and QC personnel will be different but have extensive knowledge of lighting design and construction. The Team also understands risks that are typical of similar projects and will take into consideration specialized fixtures needs, access restrictions for installation, and field verification of as -built conditions during the design for this project. Their experience delivering illumination systems alongside major structural and roadway packages enables them to mitigate risks early through tight alignment with contractors, structural teams, and product manufacturers. In summary, the combined capabilities of Concord's lighting design team members position the team as highly qualified for the W. 7th Street Bridge Lighting Replacement. Their extensive Design -Build experience, mastery of structural -adjacent illumination, consistency in milestone delivery, QA/QC rigor, familiarity with local and state lighting standards and capacity to support advanced, programmable lighting controls provide the City with a technically strong and reliable partner. Our TEAM will also be supported by Jason Stabenow with S2E for P.E. Structural engineering requirements on the project. S2E is anticipated to provide engineering support for the covering requirements of the area between the roadway barrier wall and the bridge arches. Highway ITS will also collaborate with S2E as needed regarding other structural needs for the project. Collaboration is needed on a repair and installation solution for the roadway bridge lighting pole currently missing on the middle bridge rail of the project. CONSTRUCTION PHASE SERVICES The construction approach will include a phased construction plan with detailed logistics and traffic control considerations. Material and method selections will emphasize efficiency, durability, and maintenance requirements. Community impact mitigation strategies may include both nighttime and daytime work schedules to avoid interference with peak traffic hours. Highway Intelligent Traffic Solutions LLC performs this type of work daily, coordinating closely with clients to ensure project production continues while minimizing traffic impacts to the motoring public through active work zones. Ongoing collaboration between the design and construction teams will allow for rapid decision - making if design adjustments or improvements are required. Quality control procedures for both design and construction will be defined and implemented, including testing, inspections, and document control for all as -built project documentation. Continuous compliance monitoring will ensure adherence to design intent, the National Electrical Code (NEC), and City of Fort Worth codes. Q/C construction oversite will be done by our own project supervision staff and Concord engineering. Worker and public safety will be the highest priority throughout the construction phase. Job hazards will be identified and discussed daily for the tasks performed, supported by Job Hazard Analyses (JHA). Safety training programs, meetings, and reinforcement are of the utmost importance to Highway Intelligent Traffic Solutions LLC management. If work cannot be performed safely, it will not proceed. Work will stop until safe methods are identified and implemented. A milestone schedule with design and construction overlap may be implemented for infrastructure elements where design changes are not anticipated. Monthly progress updates will be provided, and critical path activities and long -lead items will be incorporated into the schedule. Cost estimating will be performed at all stages of the project or as requested by the city. Value engineering and alternative technical concepts will be considered, with risk -based cost forecasting and transparency maintained throughout. For example, certain aesthetic lighting solutions and tamper -resistant mockups may involve higher upfront costs to reduce future vandalism risks. Project coordination with owners, agencies, utilities, and the public will take place throughout the project duration. Highway ITS agrees to all bonding requirements and services in the Construction Phase Services deliverables as outlined in the project RFP. Highway Intelligent Traffic Solutions LLC appreciates your consideration and looks forward to the opportunity to partner with the City of Fort Worth in delivering a successful W. 7th Street Illumination Project. Sincerely, David Steffen Vice President Highway Intelligent Traffic Solutions LLC Tel: (469) 454-4674 Email: dsteffen@highwayits.com ATTACHMENT C Design -Builder's Cost Proposal (GIMP) Design -Build -- W7th Bridge Lighting AgreementPage 16 of 18 CO CD 0 r; '�C�F14Fib t9, Oy Fn A N q yD 00 J 01 N A W N H O b W V Q1 Vl A W N H ':: ey,--� 000 O1 qN 01 $ 01N O VS W Ol N Ol Ql N N 01 61 N H Q1 w 01 H O O1 Q1 H 1+ 01 w VI 0 N 0 !7' i- M. b1 7 'L0 b q 0 W 00 000000000000000000000000 : yp.. t�++''++ m m m m r m m r r r r m m I•n ,� m C 00 00000 E onnz< o z a z� z m0 ;A FO EE D n Z O Z w A [00n d Zr N G1 O� Z z D �iO',. r G1 fn w'•` a an C H 0c00 rn A _ r m n Z A C m p O z L7 tt m C p r F7 D D 0 p to w G n r y, p A m. O z GO Z ,ny p 00000 00 Z,q 0 m Z C O n p Co S V r D •� z O t. 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C tS'. '�.F. 5s h k C. a O -- F-' £„�s''.jr000•` '�' o 0 og ;:�$ ;$$. goo$$ 4 H J 3 D Q 3 W O W �r �+ •P J�J W w O {WA ,h�z'�F`ro �t N A £V A M V U1 a 00 6 W V N 111 J W a U1 N w UI J w M '`�` '1i ] Fp Opr A lb a [P �” wN w N W w urw rory p tl ri Q a b < -< -<-.< < - z 2 z -K G7 M O O M O ae O � H O a^ Y 0 � Mpph pYp 0 0 S O r Ot � rM k Vk i$ V} iA V! i!} •H N VT Lb N ih xR ZR N VY 4✓• ₹ ,y ` iA N Lt H� C, CA. 5k 9 W W Vmi VI D OV1 w O t�T wy in a Y~ N N N lH n O a K ni, VF N V> Vr' Vf VY W N Vt N t/Y toi l ? ie} 'lh N VY L1 V m a A co N a o a a V>• Vw 4} VE VL W Vr Vf VL ih Vr, Vn in lty Yil L} �,ry Va �n t!I {OtJ� N •l ATTACHMENT Standard General Conditions for a Design -Build Contract Design -Build — W7th Bridge Lighting AgreementPage 17 of 18 ATTACHMENT D GENERAL CONDITIONS FOR THE DESIGN -BUILD AGREEMENT CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 1 of 71 MODIFIED BY THE PARTIES STANDARD GENERAL CONDITIONS FOR THE DESIGN -BUILD CONTRACT TABLE OF CONTENTS Page ARTICLE 1: DEFINITIONS AND TERMINOLOGY........................................................................................7 1.01 Defined Terms...............................................................................................................................7 1.02 Terminology...............................................................................................................................13 ARTICLE 2: PRELIMINARY MATTERS AND DESIGN -BUILDER DESIGN SERVICES.....................................14 2.01 General Services..........................................................................................................................14 2.02 Professional Design Services and Standard of Care .......................Error! Error! Bookmark not defined. 2.03 Preconstruction Phase Services..................................................................................................15 2.04 Copies of Documents..................................................................................................................17 2.05 Commencement of Contract Time; Notice to Proceed...............................................................17 2.06 Starting the Work........................................................................................................................17 2.07 Before Starting Design, Project Schedule...................................................................................17 2.08 Before Starting Construction, Baseline Schedules.....................................................................17 2.09 Preconstruction Conference.......................................................................................................17 2.10 Public Meeting...........................................................................................................................17 ARTICLE 3: CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE.....................................................17 3.01 Intent...........................................................................................................................................17 3.02 Reference Standards...................................................................................................................18 3.03 Reporting and Resolving Discrepancies......................................................................................19 3.04 Amending and Supplementing Contract Documents..................................................................19 3.05 Reuse of Documents...................................................................................................................19 3.06 Electronic Data............................................................................................................................ 20 ARTICLE 4: AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS................................................................................20 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 2 of 71 MODIFIED BY THE PARTIES 4.01 Availability of Lands....................................................................................................................20 4.02 Subsurface and Physical Conditions............................................................................................21 4.03 Differing Subsurface or Physical Conditions................................................................................21 4.04 Underground Facilities................................................................................................................22 4.05 Reference Points......................................................................................................................... 22 4.06 Hazardous Environmental Condition at Site...............................................................................23 ARTICLE 5: INDEMNITY, BONDS AND INSURANCE.................................................................................24 5.01 Design -Builder's Indemnification................................................................................................ 24 5.02 Bonds........................................................................................................................................... 25 5.03 Certificates of Insurance........................................................................................... ............ 25 5.04 Categories of Insurance..............................................................................................................27 5.05 Insurance Requirements.............................................................................................................28 5.06 Acceptance of Bonds and Insurance; Option to Replace............................................................ 30 ARTICLE 6: DESIGN -BUILDER'S RESPONSIBILITIES.................................................................................31 6.01 Supervision and Superintendence..............................................................................................31 6.02 Labor; Working Hours.................................................................................................................31 6.03 Services, Materials, and Equipment............................................................................................31 6.04 Project Schedule.........................................................................................................................32 6.05 Concerning Subcontractors, Suppliers, and Others....................................................................34 6.06 ......................... Wage Rates........................................................................................ ................34 6.07 Patent Fees and Royalties...........................................................................................................36 6.08 Permits and Utilities....................................................................................................................36 6.09 Laws and Regulations..................................................................................................................37 6.10 Taxes...........................................................................................................................................37 6.11 Use of Site and Other Areas........................................................................................................37 6.12 Record Documents...................................................................................................................... 38 6.13 Safety and Protection..................................................................................................................38 6.14 Safety Representative................................................................................................................. 39 6.15 Hazard Communication Programs.............................................................................................. 39 6.16 Emergencies and/or Rectification...............................................................................................39 6.17 Submittals and Samples..............................................................................................................40 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 3 of 71 MODIFIED BY THE PARTIES 6.18 Continuing the Work...................................................................................................................42 6.19 Design -Builder's General Warranty and Guarantee...................................................................42 6.20 Professional Design Services.......................................................................................................43 6.21 Right to Audit..............................................................................................................................43 6.22 Nondiscrimination.......................................................................................................................44 ARTICLE 7: OTHER WORK ATTHE SITE..................................................................................................44 7.01 Related Work at Site....................................................................................................................44 7.02 Coordination...............................................................................................................................45 ARTICLE 8: CITY'S RESPONSIBILITIES.....................................................................................................45 8.01 Communications to Design-Builder............................................................................................45 8.02 Furnish Data................................................................................................................................ 45 8.03 Pay When Due.............................................................................................................................46 8.04 Change Orders............................................................................................................................. 46 8.05 Inspections, Tests, and Approvals...............................................................................................46 8.06 Limitations on City's Responsibilities..........................................................................................46 8.07 Undisclosed Hazardous Environmental Condition......................................................................46 ARTICLE 9: CITY'S OBSERVATION STATUS DURING CONSTRUCTION....................................................46 9.01 City's Project Representative......................................................................................................46 9.02 Visits to Site.................................................................................................................................46 9.03 Authorized Variations in Work....................................................................................................47 9.04 Rejecting Defective Work............................................................................................................47 ARTICLE 10: CHANGES IN THE WORK; CLAIMS; EXTRA WORK.................................................................47 10.01 Authorized Changes in the Work................................................................................................47 10.02 Unauthorized Changes in the Work............................................................................................47 10.03 Execution of Change Orders........................................................................................................48 10.04 Extra Work................................................................................................................................... 48 10.05 Notification to Surety..................................................................................................................48 10.06 Contract Claims Process..............................................................................................................48 ARTICLE 11: COST OF WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT... 49 11.01 Cost of Work................................................................................................................................ 49 11.02 Contingency................................................................................................................................ 55 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 4 of 71 MODIFIED BY THE PARTIES ARTICLE 12: DESIGN -BUILDER'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME, DELAYS............................................................................................................................................. 55 12.01 Design -Builder's Fee.................................................................................................................... 55 12.02 Change of GMP............................................................................................................................55 12.03 Change of Contract Time.............................................................................................................56 12.04 Delays.......................................................................................................................................... 56 ARTICLE 13: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ............................................................................................................................................. 56 13.01 Notice of Defects......................................................................................................................... 56 13.02 Access to Work............................................................................................................................ 57 13.03 Tests and Inspections.................................................................................................................. 57 13.04 Uncovering Work........................................................................................................................ 58 13.05 City May Stop the Work.............................................................................................................. 58 13.06 Correction or Removal of Defective Work..................................................................................58 13.07 Correction Period........................................................................................................................ 59 13.08 Acceptance of Defective Work....................................................................................................60 13.09 City May Correct Defective Work................................................................................................60 ARTICLE 14: PAYMENTS TO DESIGN -BUILDER AND COMPLETION..........................................................60 14.01 Schedule of Values......................................................................................................................60 14.02 Progress Payments...................................................................................................................... 61 14.03 Design -Builder's Warranty of Title.............................................................................................. 63 14.04 Partial Utilization......................................................................................................................... 63 14.05 Final Inspection........................................................................................................................... 63 14.06 Final Acceptance......................................................................................................................... 64 14.07 Final Payment.............................................................................................................................. 64 14.08 Final Completion Delayed and Partial Retainage Release...........................................................65 14.09 Waiver of Claims.........................................................................................................................65 ARTICLE 15: SUSPENSION OF WORK AND TERMINATION.......................................................................65 15.01 City May Suspend Work.............................................................................................................. 65 15.02 City May Terminate for Cause.....................................................................................................66 15.03 City May Terminate For Convenience......................................................................................... 68 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 5 of 71 MODIFIED BY THE PARTIES ARTICLE 16: DISPUTE RESOLUTION.........................................................................................................69 16.01 Methods and Procedures............................................................................................................69 ARTICLE 17: MISCELLANEOUS.................................................................................................................70 17.01 Giving Notice...............................................................................................................................70 17.02 Computation of Times.................................................................................................................70 17.03 Cumulative Remedies.................................................................................................................70 17.04 Survival of Obligations.................................................................................................................71 17.05 Headings...................................................................................................................................... 71 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 6 of 71 MODIFIED BY THE PARTIES ARTICLE 1: DEFINITIONS AND TERMINOLOGY 1.01 DEFINED TERMS Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to, identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Responses or Proposals which clarify, correct, or change the requirements orthe proposed Contract Documents. 2. Agreement —The written instrument memorializing the understanding between City and Design -Builder regarding prosecution of the Work. 3. Allowance —Funds, if any, reserved unto the Project by the City for City's use. 4. Architect — A Licensed, independent design professional pursuant to Texas Occupations Code Chapter 1051 et seq. selected by the Design -Builder based upon demonstrated competence and qualifications in accordance with Chapter 2254, Texas Government Code or furnished by licensed employees of the Design -Builder to provide architectural services required for the project. 5. Application ,for Payment —The form acceptable to City which is to be used by Design - Builder 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. 6. 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. 7. 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. S. Calendar Day— A day consisting of 24 hours measured from midnight to the next midnight. Change Order —A document, the form of which is prepared and approved by the City, which is signed by Design -Builder and City and authorizes an addition, deletion, or revision in the overall Work or an adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the Agreement. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 7 of 71 MODIFIED BYTHE PARTIES 10. City — The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, and is the entity with whom Design -Builder has entered into the Agreement and for whom the Work is to be performed. 11. City Attorney— The officially appointed City Attorney of the City of Fort Worth, Texas, or duly authorized representative. 12. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 13. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or duly authorized representative. 14. Contingency — Funds, if any, reserved unto the Project by the City for Design Builder's use, subject to the approval of the City. 15. Construction Documents - The drawings, specifications and other documents prepared by the Design -Builder and reviewed by the City for sufficiency with the City's standard specifications and the construction scope of the Project. 16. Construction Services - The labor, materials, equipment, and services necessary to perform manage and deliver the construction of the Work in compliance with the Contract Documents. 17. Contract Claim —A demand or assertion by City or Design -Builder seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Agreement. A demand for money or services by a third party is not a Contract Claim. 18. Contract Documents— The entire contract consisting of the Agreement, the Request for Proposals, Design -Builder's scope of services and Cost Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifically attached hereto or provided separately. Approved Submittals, other submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 19. Contract Price —The moneys payable by the City to Design -Builder for the Work in accordance with the Contract Documents. 20. 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. 21. Cost of Work— The included and excluded costs which Design -Builder shall consider when developing the Design -Builder's Fee and the GMP. See Paragraph 11.01 of these General Conditions for details. 22. Damage Claims -- A demand for money or services arising from the Project or Site from a third party, City, or Design -Builder exclusive of a Contract Claim. 23. Day or day— A day, unless otherwise defined, shall mean a Calendar Day. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 8 of 71 MODIFIED BY THE PARTIES 24. Design -Builder —A partnership, corporation, or other legal entity that includes an engineer and a construction contractor(s) qualified to engage in civil works construction in Texas. 25. Defective Work - Any portion of the Work not in conformance with the Contract Documents. 26. Design -Builder Fee —The specific moneys payable by City to Design -Builder for prosecution of the Work in accordance with the Contract Documents as stated in the Agreement. 27. Design Services —The labor, materials, equipment, and services necessary to perform the design of the project, or the various separately identifiable parts thereof, under the Contract Documents, Design Services includes and is the result of performing or providing all labor, services, and documentation necessary to fully design the project, to prepare Construction Documents, including any Change Order(s) or Field Order(s), all as required by the Contract Documents. Design Services does not include labor, services or documentation associated with construction submittals or other project engineering work required for construction of the Work. 28. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 29. Director of Parks and Recreation Department — The officially appointed Director of the Parks and Recreation Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents 30. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 31. Director of Transportation and Public Works —The officially appointed Director of the Transportation and Public Works Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 32. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or duly appointed representative, assistant, or agents. 33. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Design -Builder. Submittals are not Drawings as so defined. 34. Early Works Package - Construction Documents developed for a portion of the Work to facilitate the overall Project schedule prior to acceptance of the Project GMP. 35. Effective Date of the Agreement —The date on which the Agreement is signed by the City Manager. 36. Engineer —The licensed design professional, as per Texas Occupations Code Chapter 1001 et seq., selected by the Design -Builder in accordance with Texas Government Code Chapter 2254, or furnished by licensed employees of the Design -Builder to provide engineering services required for the project. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 9 of 71 MODIFIED BY THE PARTIES 37. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra Work shall be incorporated into the Work. 38. Field Order — A written order issued by Design -Builder, which may be on the recommendation of the City, which requires changes in the Work but which does not involve a change in the GMP, Contract Time, or the intent of the Engineer. Payment for Field Orders is the responsibility of the Design -Builder and may be funded from Contingency funds, if any, or other funding sources incorporated into the Agreement. 39. Final Acceptance — The written notice given by the City to the Design -Builder that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 40. Final Inspection — Inspection carried out by the City to verify that the Design - Builder has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 41. Guaranteed Maximum Price (GMP) - The maximum cost to the City for the Work as established by the Design -Builder according to the Contract Documents and as approved by the City. 42. 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. 43. 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. 44. 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. 45. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 46. Liquidated Damages. A specified sum of money established in the Agreement that, for each calendar day that any work shall remain uncompleted after the time specified in the Agreement, will be deducted from the monies due the Design -Builder, not as a penalty, but to compensate for damages suffered by the City. 47. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 48. Milestone —.A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 49. Notice to Proceed —A written notice given by City to Design -Builder fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the services specified in Contract Documents. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 10 of 71 MODIFIED BY THE PARTIES 50. Open Book Price The price of subcontracts and purchases, the site expenses for superintendence and professional services directly supporting the construction effort plus agreed overhead and profit. 51. Owner's Advisor — The licensed design professional, as per Texas Occupations Code Chapter 1001 et seq., to provide Owner with project management oversight assistance as required under Texas Government Code Chapter 2269. Owner's Advisor is independent of the Design -Builder. 52. PCBs —Polychlorinated biphenyls. 53. Petroleum —Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 54. Plans —See definition of Drawings. 55. Preconstruction Services — The labor, materials, equipment, and services provided by Design -Builder to develop a Guaranteed Maximum Price proposal and secure a Notice to Proceed for construction phase services. Preconstruction Services includes Design Services and any consultation or advisory services necessary to prepare acceptable Construction Documents, final Guaranteed Maximum Price Proposal and securing the Notice to Proceed for construction phase services. 56. Project —The Work to be performed under the Contract Documents. 57. Project Schedule —A schedule, prepared and maintained by Design -Builder, in accordance with the Contract Documents, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 58. Project Representative —The authorized representative of the City who will be assigned to the Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects of the construction phase of the Work. 59. Procurement Documents —The Request for Qualifications, Request for Proposals, Design Criteria Package(s), Draft Contract and other such documents used in the procurement and selection of Design -Builder. 60. Proposal — The Design Builder's response to the RFP issued by the City to solicit a Design -Builder to design and build the Project or the documentation provided to City by Design -Builder to establish scope, cost and schedule terms for an Early Works Package or the Project's Guaranteed Maximum Price. 61, Public Meeting — An announced meeting conducted by the City and/or Design -Builder to facilitate public participation and to inform the public of the Project. 62. 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. 63. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 11 of 71 MODIFIED BY THE PARTIES 64. Retainage —The amount of money, on a percentage basis, identified in the Agreement to be withheld by City from each of Design -Builder's construction progress payments. 65. Request for Proposals (RFP) — A request by the City issued to qualified Design -Builder Firms for Proposals to design and build the Project. 66. 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. 67. Schedule of Submittals —A schedule, prepared and maintained by Design -Builder, of required submittals and the time requirements to support scheduled performance of related construction activities. 68. Schedule of Values —A schedule prepared and maintained by Design -Builder, allocating portions of the Project Price to various portions of the Work and used as the basis for reviewing Design -Builder's Applications for Payment. 69. Site —Lands or areas indicated in the Procurement Documents or 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 Design -Builder in furtherance of the Project. 70. Small Business Goal — Pursuant to the City's Small Business Ordinance No. 27832-08-25 and administrative regulations, the City has established a 30% goal for the participation of small businesses for City contracts $100,000 or greater. 71. 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. 72. Subcontractor —An individual or entity, at whatever tier, having a direct contract with the Design -Builder or with any other Subcontractor to the Design -Builder for the performance of Work at the Site. 73. Submittals —All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Design -Builder and submitted to City by Design -Builder to illustrate some portion of the Work. Submittals are not part of Contract Documents. 74. Substantial Completion — The stage in the progress of the Project when the Work (or designated portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City can utilize the Project (or a designated portion thereof) for its intended use. 75. Superintendent — The representative of the Design -Builder who is available at all times and able to receive instructions from the City and to act for the Design -Builder. 76. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 12 of 71 MODIFIED BY THE PARTIES 77. Supplier —A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Design -Builder, Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work. 78. Underground Facilities —All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 79. 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. 80. Work —The labor, materials, equipment, and services necessary to perform the design, preconstruction services, Construction Services, and construction of the project, or the various separately identifiable parts thereof, under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such design and construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by or reasonably inferable from the Contract Documents. 81. 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 Design -Builder will permit the performance of the principal unit of work. 1.02 TERMINOLOGY A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 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 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 13 of 71 MODIFIED BY THE PARTIES 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, Supply: The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. Common Construction Terms: 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 AND DESIGN -BUILDER PRECONSTRUCTION AND DESIGN SERVICES 2.01 GENERAL SERVICES A. Design -Builder's Representative shall be an employee of the Design -Builder, unless this requirement is waived in writing by the City, shall be reasonably available to City, and shall have the necessary expertise and experience required to supervise the Work. Design - Builder's Representative shall communicate regularly with City and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder shall replace the Design - Builder's Representative upon City's request in the event the Design -Builder's Representative is unable to perform to City's satisfaction. B. Design -Builder shall provide City with a monthly status report detailing the progress of the Work, including whether (1) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, and (iv) other items require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s). C. Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by Section D. hereof, an initial schedule for the execution of the Work for City's review and approval. The initial schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when City information and approvals are required to enable Design -Builder to achieve the Contract Time(s). The schedule shall be revised by the preliminary schedule and as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such dates may be adjusted in accordance with the Contract Documents. City's review of and response to the initial schedule shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. Design -Builder's schedules shall identify the critical path for completing the Work. D. The parties will meet within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 14 of 71 MODIFIED BY THE PARTIES including those relating to submittals and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. Design -Builder shall submit the following to City's Representative for City's review and approval no later than the meeting contemplated in this paragraph: 1. Letter designating Design -Builder's Representative. 2. A Preliminary Schedule of Values for all of the Work. a. The Final Schedule of Values for the construction phase services portion of the Work will be approved at the time of City's acceptance of the GMP. This Schedule of Values will (i) subdivide the Work into its respective parts, (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout construction of the Work. b. The Initial Schedule of Values will include, but separately itemize, the services for the Preconstruction Phase Services from the cost of construction. Preconstruction Phase Services progress payments will be made to Design -Builder on a progress basis as defined herein. 3. A proposed Production Schedule for Preconstruction Phase Services in the form and substance required by the Agreement which will be used for determining the amount to be paid for those services over the duration of the Contract. E. Design -Builder shall not substitute any Subcontractor, Sub -Subcontractor, key personnel or organization that has been accepted by City, unless the substitute has been accepted in writing by City. Design -Builder will provide City with a written request for any substitution or replacement stating the reason for the substitution or replacement, identification of the substitute or replacement Key Personnel and the qualifications and experience and references to demonstrate that substitute or replacement is equally or better qualified and experienced. The Design -Builder will be required to provide quality assurance and quality control services for Design Services and construction of the Work. Independent of those Design -Builder services, and in accordance with Texas law, the City will provide or contract for inspection services, testing of construction material engineering and verification testing services necessary for acceptance of the Project. The Design -Builder will be required to provide management for coordination of these services. 2.02 USE OF REGISTERED PROFESSIONALS FOR DESIGN SERVICES Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from qualified, independent licensed Design Consultants, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. 2.03 PRECONSTRUCTION PHASE SERVICES CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 15 of 71 MODIFIED BY THE PARTIES A. Design -Builder and City shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that City may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. On or about the time of the scheduled submissions, Design -Builder and City shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design -Builder and provided to all attendees for review. Following the design review meeting, City shall review and approve the interim design submissions in a time that is consistent with the turnaround times set forth in Design -Builder's schedule. B. Design -Builder shall submit to City Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions, as such submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and City shall review and approve the Construction Documents in accordance with the procedures set forth Section 2.03.A above. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit ten sets of approved Construction Documents to City prior to commencement of construction. C. City's review and approval of interim design submissions and the Construction Documents is for the purpose of mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither City's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design -Builder to City. D. To the extent not prohibited by the Contract Documents or Legal Requirements, Design - Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. These Early Works Packages must be agreed to in writing by the City and Design -Builder. Authorization to proceed with an Early Works Package will generally follow the procedures detailed in the Contract Documents for Guaranteed Maximum Price Proposal approval and Notice to Proceed, but will not terminate Preconstruction Services. All Early Works Package construction authorizations will be captured in the final Guaranteed Maximum Price Proposal for the Project. E. For any Subcontractors or Suppliers not identified in Design -Builder's Proposal in response to the Project's Request for Proposals, Design -Builder will prepare a Subcontractor/Supplier selection plan and submit the plan to the City for approval. This subcontractor selection plan shall identify those subcontractor trades which must be pre -qualified for their respective portions of the Work and shall include the manner in which Design -Builder will select Subcontractors and Suppliers. F. Design -Builder will provide the Preconstruction Services described in Attachments to the Design Build Agreement. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 16 of 71 MODIFIED BY THE PARTIES 2.04 COPIES OF DOCUMENTS City shall furnish to Design -Builder an electronic copy of the executed Agreement as it is embedded in the Contract Documents. Design -Builder shall furnish to City the Construction Documents and other supporting information necessary for inspection of the Work and preparation of the record documents as described herein in quantities and format as specified in the Supplementary Conditions. Additional copies will be furnished, upon request, at the cost specified in the Supplementary Conditions. 2.05 COMMENCEMENT OF CONTRACT TIME; NOTICE TO PROCEED The Contract Time will commence to run on the day indicated in the Notice to Proceed for the appropriate phase of services. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement, acceptance of an Early Works Package proposal or acceptance of the Guaranteed Maximum Price Proposal. 2.06 STARTING THE WORK Design -Builder shall begin compensable performance of the Preconstruction Services on the date when the Contract Time commences to run. No construction Work shall be done at the Site prior to the date on which the City approves the design of the Work, unless upon request of the Design -Builder and permission is specifically granted by the City through a Notice to Proceed. 2.07 BEFORE STARTING DESIGN, PROJECT SCHEDULE Design -Builder shall submit to City its project schedule in accordance with the Contract Documents within 14 days of starting Preconstruction Services. No progress payment shall be made to Design - Builder until acceptable schedules are submitted to City. 2.08 BEFORE STARTING CONSTRUCTION, BASELINE SCHEDULES Design -Builder shall submit to City its baseline schedule in accordance with the Contract Documents, and prior to starting the Work. No progress payment shall be made to Design - Builder until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. 2.09 PRECONSTRUCTION CONFERENCE Before any Work at the Site is started, the Design -Builder shall attend a Preconstruction Conference. 2.10 PUBLIC MEETING Design -Builder may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3: CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 INTENT CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 17 of 71 MODIFIED BY THE PARTIES A. The Contract Documents, including the drawings and specifications developed under Preconstruction Phase Services, 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 include all information necessary for the proper execution and timely completion of the Work by Design -Builder. The Design -Builder will execute the Work described in and reasonably inferable from the Contract Documents as necessary to produce the results indicated by the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Construction Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the section. The Design -Builder 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 Design -Builder. The Design -Builder shall not rely on the cross-referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross-referencing is provided in each section or whether or not the cross-referencing is complete. 3.02 REFERENCE STANDARDS A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of the Effective Date of the Agreement except as may be otherwise specifically stated in the Contract Documents. 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, Design - Builder, or any of its 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. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 18 of 71 MODIFIED BY THE PARTIES 3.03 DISCREPANCIES A. Resolving Discrepancies: The following precedence of documents shall be used in resolving discrepancies within the Contract Documents. 1. Executed Change Orders to the Contract Documents shall take precedence over prior requirements of the Contract Documents, including incorporation of provisions provided in the Design -Builder's Guaranteed Maximum Price Proposal or Early Works Package Proposals. 2. The Guaranteed Maximum Price Proposal shall take precedence over Early Works Package Proposals when Early Works Package Proposal provisions or Work are incorporated into the Guaranteed Maximum Price Proposal. 3. The Agreement shall take precedence over General and Supplementary Conditions. 4. Supplementary Conditions shall take precedence over General Conditions. 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). 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 GMP 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 6.17.C); or 3. City's written interpretation or clarification. 3.05 REUSE OF DOCUMENTS A. Design -Builder and any Subcontractor or Supplier or other person or organization performing or furnishing any of the Work under a direct or indirect contract with City: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any thereof) prepared by or bearing the sea[ of Engineer, Owner's Advisor, or Engineer's or Owner's Advisor's sub -consultant, and (ii) shall not reuse any of such Drawings, Specifications, other documents or copies on extensions of the Project for any other project without written consent of City and Engineer or Owner's Advisor, as applicable. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 19 of 71 MODIFIED BY THE PARTIES B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Agreement. Nothing herein shall preclude Design -Builder 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 to Design -Builder, or by Design -Builder to City, 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. 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. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4: AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 AVAILABILITY OF LANDS A. City shall furnish the Site. City shall promptly after becoming aware thereof, notify Design - Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Design -Builder must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Design -Builder 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. Any outstanding removal or relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Design -Builder in accordance with the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Design -Builder with a current statement of record legal title and legal description of the lands upon which the Work is to be performed or as -built and/or record drawings of any existing structures at the Site. C. Design -Builder shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 20 of 71 MODIFIED BY THE PARTIES 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). Limited Reliance by Design -Builder on Technical Data Authorized: Design -Builder 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. Design -Builder may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Design -Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Design -Builder, and safety precautions and programs incident thereto; or 2. any Design -Builder interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings. 4.03 DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS A. Notice: If Design -Builder 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 Design -Builder 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 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; then Design -Builder 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 6.16.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Design -Builder shall be entitled to an adjustment in the GMP and/or Contract Time if: 1. Design -Builder did not know of the existence of such conditions at the time Design - Builder made a final commitment to City with respect to GMP and Contract Time; or 2. the existence of such condition could not reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 21 of 71 MODIFIED BYTHE PARTIES 3. Design -Builder gave 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 Procurement Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions, the cost of all of the following will be included in the Preconstruction Phase Services, and Design -Builder shall have full responsibility to account for Underground Facilities in the Work: 1. reviewing and checking all such information and data; 2. locating all Underground Facilities shown or indicated in the Procurement Documents or Contract Documents; 3. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and 4. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated: 1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Procurement Documents or Contract Documents, Design - Builder shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.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. Design -Builder shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 REFERENCE POINTS A. Design -Builder shall provide engineering surveys to establish reference points for construction, which are necessary to enable Design -Builder to proceed with the Work. Design -Builder will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 22 of 71 MODIFIED BY THE PARTIES for bridgework. Design -Builder shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Design -Builder shall report to City whenever any reference point or property monument requires relocation because of necessary changes in grades or locations. Design -Builder shall be responsible for the replacement or relocation of reference points or property monuments destroyed by the Design -Builder. 4.06 HAZARDOUS ENVIRONMENTAL CONDITION AT SITE A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. Limited Reliance by Design -Builder on Technical Data Authorized: Design -Builder 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. Design -Builder may not make any Contract Claim against City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Design -Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design -Builder 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 Design -Builder interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Design -Builder 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 Procurement Documents or Contract Documents to be within the scope of the Work. Design -Builder shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Design -Builder, Contractor, Subcontractors, Suppliers, or anyone else for whom Design -Builder is responsible. D. If Design -Builder encounters a Hazardous Environmental Condition or if Design -Builder or anyone for whom Design -Builder is responsible creates a Hazardous Environmental Condition, Design -Builder 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 6.16.A); and (iii) verbally 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. When the Hazardous Environmental Condition has been rendered harmless — whether by the Design -Builder, City's separate remediation contractor, the work in the affected area shall resume upon written notice by the City to Design -Builder. For such verified Hazardous Environmental Conditions that Design -Builder encounters that are not within Design - CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 23 of 71 MODIFIED BY THE PARTIES Builder's scope of work, the Contract Time shall be extended appropriately and the Contract Price shall be increased in the amount of any reasonable costs of shut -down, delay and restart. E. Design -Builder shall not be required to commence or resume Work in connection with such condition or in any affected area as described in Paragraph 4.06 C. or D. until after City has obtained any required permits related thereto and delivered written notice to Design -Builder: (i) specifying that such condition and any affected area is or has been rendered suitable for the commencement or resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. If after receipt of such written notice Design -Builder 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. To the fullest extent permitted by Laws and Regulations, Design -Builder shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Design -Builder or by anyone for whom Design -Builder is responsible. Nothing in this Paragraph shall obligate Design -Builder to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. G. 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. ARTICLE 5: INDEMNITY, BONDS AND INSURANCE DESIGN -BUILDER'S INDEMNIFICATION DESIGN -BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT ITS OWN EXPENSE, CITY - ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF THIS AGREEMENT BY CITY, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. DESIGN -BUILDER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, EXCEPT TO THE EXTENT CAUSED BY THE NEGLIGENCE, WILLFUL MISCONDUCT, OR BREACH OF THIS AGREEMENT BY CITY'S OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES. THE ENGINEER SHALL INDEMNIFY AND HOLD HARMLESS THE CITY AGAINST LIABILITY FOR ANY DAMAGE COMMITTED BY THE ENGINEER OR ENGINEER'S AGENT, CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH THE ENGINEER EXERCISES CONTROL TO THE EXTENT THAT THE DAMAGE IS CAUSED BY OR RESULTING FROM AN ACT OF NEGLIGENCE, INTENTIONAL TORT, CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 24 of 71 MODIFIED BY THE PARTIES INTELLECTUAL PROPERTY INFRINGEMENT, OR FAILURE TO PAY A SUBCONTRACTOR OR SUPPLIER. CITY IS ENTITLED TO RECOVER ITS REASONABLE ATTORNEY'S FEES IN PROPORTION TO THE ENGINEER'S LIABILITY. 5.01 PERFORMANCE, PAYMENT, AND MAINTENANCE BONDS All bonds and insurance required by the Contract Documents to be purchased and maintained by Design -Builder 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. A. If a fixed contract amount or GMP has not been determined at the time the Agreement is awarded, the penal sums of the performance and payment bonds must each be in an amount equal to the construction budget. B. The Design -Builder shall, not later than the tenth day after the Design -Builder executes the Agreement or the City approves a change in construction budget through the GMP or a change order, deliver to the City payment and performance bonds or a bid bond or other financial security acceptable to City to ensure that the Design -Builder will furnish the payment and performance bonds prior to commencement of the construction Work. No payment or performance bond is required for the Design Services provided under the Agreement. The payment and performance bonds shall each be on a form acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in the name of the City. C. Maintenance bond(s), valid for two years from the Substantial Completion date of the construction Work, shall be procured and provided by the Design -Builder to City prior to final acceptance of the Work. Maintenance bond(s) shall be on a form acceptable to and in the name of and in favor of the City. D. All payment, performance and maintenance bonds issued shall be provided by a surety in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at the time of issuance in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Design -Builder to that effect and the Design -Builder shall immediately provide a new surety and bonds satisfactory to the City. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in - fact signed each bond. E. If the surety on any bond furnished by Design -Builder is declared bankrupt or becomes insolvent or its right to do business in the State of Texas is terminated or it ceases to meet the requirements of Paragraph 5.02.D, Design -Builder 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.D. 5.02 CERTIFICATES OF INSURANCE CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 25 of 71 MODIFIED BY THE PARTIES Design -Builder shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, Acord (or equivalent) certificates of insurance which Design - Builder is required to purchase and maintain. A. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. B. The Design -Builder'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. C. 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. D. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A- : VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. E. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City and each additional insured identified in the Supplementary Conditions. F. 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 Design -Builder's obligation to maintain such lines of insurance coverage. G. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. H. 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 Agreement 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. 1. 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 the City desires additional insurance coverage, and the City desires the Design -Builder to obtain such coverage, the contract price shall be adjusted through the Change Order processes articulated in the Contract Documents by no more than the cost of the premium for such additional coverage plus 10%. J. Any self -insured retention (SIR) in excess of $25,000.00 affecting required insurance coverage shall be approved by the City, and, if used by the Design -Builder, is the complete and total responsibility of the Design -Builder. Any failure to maintain SIR in strict CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 26 of 71 MODIFIED BY THE PARTIES accordance with the provisions outlined in City's approval shall be deemed a material breach of the Contract by Design -Builder. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. K. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Agreement by Change Order. L. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements applying directly to Project. M. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.03 CATEGORIES OF INSURANCE A. Workers Compensation and Employers' Liability. Design -Builder shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Design -Builder's performance of the Work and Design -Builder's other obligations under the Contract Documents, whether it is to be performed by Design - Builder, 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 for: 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 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter or 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. 1. For construction projects that present a substantial completed operation exposure, the City may require the Design -Builder to maintain completed operations coverage CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 27 of 79. MODIFIED BY THE PARTIES for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Design - Builder, 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 Design -Builder shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Design -Builder shall immediately notify City upon cancellation or other loss of insurance coverage. Design -Builder shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.04 INSURANCE REQUIREMENTS A. Design Services: Design -Builder shall not commence work under this Agreement until it has obtained all insurance required as specified herein and the City has approved such insurance. a. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate b. Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. c. Worker's Compensation Coverage A:statutory limits Coverage B:$100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee d. Professional Liabjjfl $1,000,000 each claim limit CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 28 of 71 MODIFIED BY THE PARTIES $2,000,000 aggregate limit 2. Additional Insurance Requirements a. Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims -made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. b. Except for employer's liability insurance coverage under Design -Builder's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Design -Builder's insurance policies. c. Certificates of insurance shall be delivered to the City's Project Manager at the address specified prior to commencement of Work. d. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. e. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. g. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. i. Design -Builder's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Design -Builder shall report, in a timely manner, to City's Project Manager any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Design -Builder's liability shall not be limited to the specified amounts of insurance required herein. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 29 of 71 MODIFIED BY THE PARTIES B. Construction Phase: 1. The limits of liability for the required insurance shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: a. Workers' Compensation: Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit b. Commercial General Liability: Commercial General Liability shall be on a per project basis covering the Design - Builder with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment —Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site or each work package, if more than one. The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. c. Automobile Liability: A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned and shall be in an amount not less than the following amounts: $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage 5.05 ACCEPTANCE OF BONDS AND INSURANCE; OPTION TO REPLACE if City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Design -Builder in accordance with this Article 5 on CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 30 of 7]. MODIFIED BYTHE PARTIES the basis of non-conformance with the Contract Documents, the City shall so notify the Design - Builder in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Design -Builder shall provide to the City such additional information in respect of insurance provided as -the City may reasonably request. If Design -Builder does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Design -Builder 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: DESIGN -BUILDER'S RESPONSIBILITIES 6.01 SUPERVISION AND SUPERINTENDENCE A. Design -Builder 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. Design -Builder shall be solely responsible for the means, methods, techniques, sequences, and procedures of design and construction. Design Builder shall be responsible for the proper performance of the Work, including all work performed by its subcontractors, and any acts and omissions in connection with such performance. B. At all times during the construction progress of the Work, Design -Builder shall assign a competent, English-speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Design -Builder's representative at the Site and shall have authority to act on behalf of Design -Builder. All communication given to or received from the Superintendent shall be binding on Design -Builder. C. Design -Builder shall notify the City 72 hours prior to moving on site for the commencement of construction Work. 6.02 LABOR; WORKING HOURS A. Design -Builder shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Design -Builder 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. Design -Builder will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business days prior; 2. for Weekend Working Hours request must be made by noon of the preceding Thursday; 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 SERVICES, MATERIALS, AND EQUIPMENT CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 31 of 71 MODIFIED BY THE PARTIES A. Unless otherwise specified in the Contract Documents, Design -Builder 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, required testing, start-up, and completion of the Work. B. All materials and equ€pment 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, Design -Builder shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 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. Design -Builder shall collect written warranties as defined in the Contract Documents from manufacturers, as well as all equipment manuals, and deliver them to the City for the City's use. To the extent that products, equipment, systems or materials incorporated into the Work are covered by a warranty from the manufacturer of such products, equipment, systems or material in excess of one year, the City's remedy to correct the defective products, equipment, systems, or materials after the one-year period shall be exclusively against the warranty of the manufacturer. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of the Agreement, unless otherwise specified. 6.04 PROJECT SCHEDULE A. Design -Builder agrees to commence design and construction in a timely manner to achieve Substantial Completion of the Work within the specified Contract Time. Design -Builder shall provide all necessary design and construction labor, materials, tools, equipment, as well as all construction supervision, inspection, and temporary utilities as required to complete the Work pursuant to the Construction Documents and shall adhere to the Project Schedule established as provided below. 1. Design -Builder shall submit to City for acceptance proposed adjustments in the City's Master Project Schedule. Such adjustments will comply with any provisions of the Contract Documents applicable thereto. Design -Builder shall develop, and submit to the City for approval, an initial and baseline schedule of the entire project at the beginning of Preconstruction Phase Services to guide the design process. This schedule shall use critical path methodology and follow the City's guidance for project schedules but is not required to be cost or resource loaded. This schedule shall be maintained and updated by the last day of each month throughout the Preconstruction Phase Services and become the basis for the construction phase baseline schedule. CITY OF FORT WORTH GENERAL. CONDITIONS FOR DESIGN -BUILD PROJECTS Page 32 of 71 MODIFIED BY THE PARTIES 3. The Design -Builder's construction phase baseline schedule will be submitted to the City for approval and will comply with the following requirements: a. The schedule will be based on the defined scope of work, which will be presented utilizing the City's work breakdown structure and milestone standards, and will follow critical path methodology. b. The schedule will align with the City's requirements for project schedules and will be cost loaded to reflect Design -Builder's plan for execution. c. The overall schedule duration will align with the contractual requirements as defined in the Guaranteed Maximum Price proposal. d. The Project number and name of the Project is required on each schedule and must match the City's project data. e. Design -Builder will utilize the relevant sections from the City's templates, as applicable, as the basis for creating the schedule. Specifically, the Design -Builder's schedule will align with the layout of the construction section in the City's templates. f. The schedule will use the City's standard calendar, which is based on a 5 -day workweek and accounts for the City's standard holidays. Variations between the City's calendar and the Design -Builder's calendar must be resolved prior to the City's acceptance of the baseline project schedule. g. Schedule activities will be broken down into sufficient detail to adequately describe the activity and manage Design -Builder and City requirements associated with the activity. No activities shall exceed 20 working days without prior approval of City. 4. Design -Builder shall submit to City a monthly Project Schedule update (referred to as a progress schedule) by the last day of each month for the duration of the Agreement in accordance with the following provisions: Schedule shall capture the following items to ensure proper status information is available for review: 1) baseline start date, 2) baseline finish date, 3) percent complete, 4) float, 5) activity logic (dependencies), 6) critical path, 7) activities added or deleted, 8) expected baseline finish date, 9) variance to the baseline finish date. b. Design -Builder shall also submit a written status report (referred to as a progress narrative) at the monthly progress meeting (if monthly meetings are held) or at the end of each month to accompany the progress schedule submittal. The content of the progress narrative should be concise and complete to comply with the City's standards for progress narratives and only include changes, delays and anticipated problems. 5. 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. Within 10 Days of execution of a Change Order, Design -Builder shall update the baseline Project Schedule to address CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 33 of 71 MODIFIED BY THE PARTIES approved time extensions specifically included in the Change Order. This baseline Project Schedule will become the basis for all following project update schedules. 6.05 CONCERNING SUBCONTRACTORS, SUPPLIERS, AND OTHERS A. Small Business Goal Compliance: It is City policy to foster competition, expand the supplier base, and promote and encourage the participation of small business firms in the City's contracting opportunities. If the Contract Documents provide for a small business goal, Design -Builder shall comply with the City's Small Business Ordinance (as amended) by the following: Design -Builder shall, upon request by City, provide complete and accurate information regarding actual work performed by a contracted small business and payment therefor. 2. Design -Builder will not make additions, deletions, or substitutions of accepted small businesses without written consent of the City. Any unjustified change or deletion shall be a material breach of the Agreement and may result in debarment. Design -Builder shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Design -Builder that will substantiate the actual work performed by the small business(es). Material misrepresentation of any nature may be grounds for termination of the Agreement in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for the disqualification of Design - Builder to bid on future contracts with the City for a period of not less than one year. B. Design -Builder shall be fully responsible to City for all acts and omissions of the Engineer, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Design -Builder is responsible for Design -Builder's own acts and omissions. Nothing in the Contract Documents shall: 1. 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. 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. C. Design -Builder shall be solely responsible for scheduling and coordinating the Work of Engineer, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Design -Builder. D. All Engineer(s), Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Design -Builder. E. All Work performed for Design -Builder by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Design -Builder 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. 6.06 WAGE RATES CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 34 of 71 MODIFIED BY THE PARTIES Duty to pay Prevailing Wage Rates. The Design -Builder 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. A. Penalty for Violation. Design -Builder 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 the Contract Documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. B. 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 Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Design -Builder or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Design -Builder 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. C. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Civil Practice and Remedies Code Chapter 171 et seq.) if the Design - Builder or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court 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. D. Records to be Maintained. The Design -Builder 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 Design -Builder or Subcontractor in the construction of the Work provided for in this Agreement; 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 6.21, Right to Audit, shall pertain to this inspection. E. Posting of Wage Rates. The Design -Builder shall post prevailing wage rates in a conspicuous place at all times. F. Subcontractor Compliance. Design -Builder shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 35 of 71 MODIFIED BY THE PARTIES G. Affidavit. Design -Builder shall submit an affidavit stating that the Design -Builder has complied with the requirements of Chapter 2258, Texas Government Code, related to paying prevailing wages during construction of the Work upon completion of the project. 6.07 PATENT FEES AND ROYALTIES A. Design -Builder 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 Design - Builder from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Design -Builder shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 PERMITS AND UTILITIES A. Design -Builder obtained permits and licenses. Design -Builder shall obtain and pay for all construction permits and licenses except those provided for below or in the Supplementary Conditions. City shall assist Design -Builder, when necessary, in obtaining such permits and licenses. For permits where Design -Builder is the holder of the permit, Design -Builder shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the Effective Date of the Agreement, except for permits provided by the City as specified in 6.08.B. City shall pay all charges of utility owners for connections 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 below or in the Supplementary Conditions. It will be the Design -Builder's responsibility to carry out the provisions of the permit. If the Design -Builder initiates changes to the Work beyond the scope of any City -acquired permit, the Design -Builder is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Design -Builder for any cost associated with these additional 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. Franchise and Non -Franchise Utility permits and agreements 4. Texas Commission on Environmental Quality Permits CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 36 of 71 MODIFIED BY THE PARTIES 5. Railroad Company Permits and associated access requirements and agreements 6. Right of entry for properties associated with the Project. 6.09 LAWS AND REGULATIONS A. Design -Builder 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 Design -Builder's compliance with any Laws or Regulations. B. If Design -Builder performs any Work knowing that it is contrary to Laws or Regulations, Design -Builder 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 court, arbitration, or other dispute resolution costs) arising out of or relating to such Work. C. Changes in Laws or Regulations not known at the time of the execution of the Agreement 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. 6.10 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 Design -Builder 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 Design -Builder in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.11 USE OF SITE AND OTHER AREAS A. Limitation on Use of Site and Other Areas: Design -Builder 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. Design -Builder 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. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 37 of 71 MODIFIED BYTHE PARTIES At any time when, in the judgment of the City, the Design -Builder 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 Design -Builder to finish the section on which operations are in progress before work is commenced on any additional area of the Site. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Design -Builder shall promptly attempt to resolve the Damage Claim. Pursuant to Article 5, Design -Builder shall indemnify and hold harmless City from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. Removal of Debris During Performance of the Work: During the progress of the Work Design -Builder 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. Site Maintenance Cleaning: 24- hours after written notice is given to the Design -Builder that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, and if the Design -Builder 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 Design -Builder 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 Design -Builder. Final Site Cleaning: Prior to Final Acceptance of the Work, Design -Builder shall clean the Site and the Work and make it ready for utilization by City or any affected adjacent property owner. At the completion of the Work, Design -Builder 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. Loading Structures: Design -Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design -Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 RECORD DOCUMENTS A. Design -Builder shall maintain in a safe place at the Site or in a place designated by the Design -Builder and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals and Submittals will be delivered to City prior to Final Inspection. Design -Builder shall include accurate locations for buried and imbedded items. 6.13 SAFETY AND PROTECTION CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 38 of 71 MODIFIED BY THE PARTIES A. Design -Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve a Subcontractor 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. Design -Builder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who 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 of the Work. B. Design -Builder shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Design -Builder shall notify owners of adjacent property and owners 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. Design -Builder shall comply with the applicable requirements of City's safety programs, if any. D. Design -Builder shall inform City of the specific requirements of Design -Builder'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 6.13.A.2 or 6.13.A.3 caused, in whole or in part, by Design -Builder, any Subcontractor, Supplier, or any other individual or entity 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 Design -Builder. F. Design -Builder'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. 6.14 SAFETY REPRESENTATIVE Design -Builder shall inform City in writing of Design -Builder's designated safety representative at the Site. 6.15 HAZARD COMMUNICATION PROGRAMS Design -Builder 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. 6.16 EMERGENCIES AND/OR RECTIFICATION CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 39 of 71 MODIFIED BY THE PARTIES A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Design -Builder is obligated to act to prevent threatened damage, injury, or loss. Design -Builder shall give City prompt written notice if Design -Builder believes that any significant 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 Design - Builder in response to such an emergency, a Change Order may be issued. B. Should the Design -Builder 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 Design -Builder written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Design -Builder to take remedial action to correct the condition. In the event the Design -Builder does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Design -Builder on the Project. 6.17 SUBMITTALS AND SAMPLES A. Construction Documents approved by the City shall include a listing of required submittals and samples to be provided by the Design -Builder for construction of the Work. Design - Builder shall submit required submittals and samples to City for review and acceptance. Each submittal or sample shall be uniquely identified. 1. Prepare, prioritize and transmit submittals in the required numberand manner specified in the Supplementary Conditions sufficiently in advance of performing the related work or other applicable activities. No extension of time will be authorized because of Design - Builder's failure to transmit submittals sufficiently in advance of the Work. 2. When submitting submittals or samples, utilize a 9 -character submittal numbering system wherein the first six characters are the specification section number followed by two characters for sequential numbering (01 — 99) of each submittal or sample under that specification section and a final character indicating the resubmission of the same submittal (A = 2"d submission, B = 3rd submission, etc.). 3. Design -Builder shall provide a certification on each submittal or sample transmitted documenting Design -Builder's review to determine and verify field measurements, field construction criteria, catalog numbers and similar data, and conformance with the Contract Documents. The certification shall include a statement including: a. The Design -Builder's Company name b. Signature of the submittal reviewer c. The following statement "By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved submittals." CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 40 of 71 MODIFIED BY THE PARTIES 4. 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 Design -Builder proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.17.D. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. Submittals submitted as herein provided by Design -Builder and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 6. When submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Design -Builder from requirements shown on the Drawings and Specifications. 7. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action shall be so identified. B. Design -Builder shall submit required samples to City for review and acceptance generally following the procedures identified under 6.17.A and as required below. Each sample shall be uniquely identified. 1. Submit required number of samples as specified in the Supplementary Conditions. 2. 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 6.17.0. C. Where a submittal or sample 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 Design -Builder. D. City's Review: 1. City will provide timely review of submittals, with a target review timeline of five Business Days from confirmed receipt of a submittal. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the scope requirements considered in the Contract Documents. 2. City will return submittals and samples to Design -Builder with one of four codes to document the City's review: "NO EXCEPTIONS TAKEN" is assigned when there are no notation or comments on the submittal. When a submittal or sample is returned under this code, the Design - Builder may release the items included in the submittal or sample for manufacture. b. "EXCEPTIONS NOTED" is assigned when a confirmation of the notations and comments IS NOT required by the Design -Builder. When a submittal or sample is returned under this code, the Design -Builder may release the items included in the submittal or sample for manufacture provided that all notations and comments are incorporated into the final product and captured in the record documents. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 41 of 71 MODIFIED BY THE PARTIES "EXCEPTIONS NOTED, RESUBMIT" is assigned when notations and comments are extensive enough to require a resubmittal of the package. When a submittal or sample is returned under this code, the Design -Builder may release the items included in the submittal or sample for manufacture provided that all notations and comments are incorporated into the final product and a resubmittal to address all comments, omissions and non -conforming items that were noted is received by the City within 15 Calendar Days of the date of the City's transmittal requiring resubmittal. d. "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. When a submittal or sample is returned under this code, the Design -Builder must resubmit the entire package revised to bring the submittal into conformance with the Contract Documents prior to any release for manufacture. 3. All resubmittals will be handled in the same manner as initial submittals. The City reserves the right to not review submittals deemed partial or incomplete, at the City's discretion. 4. 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. 5. City's review and acceptance shall not relieve Design -Builder from responsibility for any variation from the requirements of the Contract Documents unless Design -Builder has complied with the requirements detailed herein 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 Design - Builder from responsibility for complying with the requirements of the Contract Documents. 6. If the Design -Builder considers any correction indicated on a submittal or sample to constitute a change in the Contract Documents, then written notice must be provided thereof to the City at least 7 calendar days prior to release for manufacture. 6.18 CONTINUING THE WORK Except as otherwise provided, Design -Builder 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 Design -Builder may otherwise agree in writing. 6.19 DESIGN -BUILDER'S GENERAL WARRANTY AND GUARANTEE A. Design -Builder 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 Design -Builder's warranty and guarantee. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 42 of 71 MODIFIED BY THE PARTIES B. Design -Builder's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Design -Builder, Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Design -Builder is responsible; or 2. normal wear and tear under normal usage. C. Design -Builder'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 nor act as a release of Design -Builder's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Substantial Completion or 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 Design -Builder shall remedy any defects or damages in the Work that was not performed in accordance with the Contract Documents, and pay for any direct damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Substantial Completion of the Work and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.C. The City will give notice of observed defects with reasonable promptness. 6.20 PROFESSIONAL DESIGN SERVICES A. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by Design -Builder's Engineer and design professionals. B. Pursuant to this Paragraph 6.20, City's review, if any, 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 Procurement Documents or Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.17.D. 6.21 RIGHTTOAUDIT A. The Design -Builder agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Design - Builder involving transactions relating to this Agreement, except that any lump sum CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 43 of 71 MODIFIED BYTHE PARTIES amounts or agreed -upon rates shall not be subject to audit. Design -Builder agrees that the City shall have access during Regular Working Hours to all necessary Design -Builder 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 Design -Builder reasonable advance notice of intended audits. B. Design -Builder further agrees to include in all its subcontracts hereunder a provision to the effect that the Contractor or Subcontractor(s) agree that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Contractor or Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or agreed -upon rates shall not be subject to audit), and further, that City shall have access during Regular Working Hours to all Contractor or 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 Contractor or Subcontractor reasonable advance notice of intended audits. C. Design -Builder and its Subcontractors agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Design -Builder or Subcontractor for the cost of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.22 NONDISCRIMINATION A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act 01 1964 (the "Act") as amended: Design -Builder shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving federal assistance. C. Design -Builder, for itself, its personal representatives, assigns, subcontractors and successors in interest, as part of the consideration herein, agrees that in the performance of Design -Builder's duties and obligations hereunder, it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY DESIGN -BUILDER, ITS PERSONAL REPRESENTATIVES, ASSIGNS, SUBCONTRACTORS OR SUCCESSORS IN INTEREST, DESIGN -BUILDER AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM. ARTICLE 7. OTHER WORK AT THE SITE 7.01 RELATED WORK AT SITE A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 44 of 71 MODIFIED BY THE PARTIES performed by utility owners; and such other contractors shall be responsible for procuring their own property, liability or workers compensation insurance, and Design -Builder shall be named as primary additional insured on such policies (except workers compensation), and such policies shall include a waiver of subrogation in favor of Design -Builder. If such other work is not noted in the Procurement Documents or Contract Documents, then written notice thereof will be given to Design -Builder prior to starting any such other work. B. Design -Builder 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. Design -Builder 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. Design - Builder shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Design -Builder 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 Design -Builder's Work depends upon work performed by others under this Article 7, Design -Builder 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 Design - Builder's Work. Design -Builder's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Design -Builder's Work except for latent defects in the work provided by others. 7.02 COORDINATION A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. 4. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8: CITY'S RESPONSIBILITIES 8.01 COMMUNICATIONS TO DESIGN -BUILDER City shall issue all communications to Design -Builder. 8.02 FURNISH DATA City shall timely furnish the data required under the Contract Documents. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 45 of 71 MODIFIED BY THE PARTIES 8.03 PAY WHEN DUE City shall make payments to Design -Builder in accordance with Article 14. 8.04 CHANGE ORDERS City shall execute Change Orders in accordance with Paragraph 10.03. 8.05 INSPECTIONS, TESTS, AND APPROVALS City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.06 LIMITATIONS ON CITY'S RESPONSIBILITIES A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Design -Builder's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Design -Builder to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Design -Builder's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Design -Builder of any applicable City safety plans pursuant to Paragraph 6.14. 8.07 UNDISCLOSED HAZARDOUS ENVIRONMENTAL CONDITION City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. ARTICLE 9: CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 CITY'S PROJECT REPRESENTATIVE City will provide one or more Project Representative(s) for the duration of the Project. Except as otherwise provided in these General Conditions, City shall issue all communications to Design - Builder through City's Project Representative. City's Project Representative shall be responsible for providing City -supplied information and approvals in a timely manner to permit Design - Builder to fulfill its obligations under the Contract Documents. City's Project Representative shall also provide Design -Builder with prompt notice, if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. The Owner's Advisor to this contract may assist the City's Project Representative in carrying out the duties defined herein. 9.02 VISITS TO SITE A. City's Project Representative 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 on the various aspects of the Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 46 of 71 MODIFIED BY THE PARTIES Work is proceeding in accordance with the Contract Documents. City's Project Representative 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 Representative's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.05. 9.03 AUTHORIZED VARIATIONS IN WORK City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the GMP 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 Design -Builder, who shall perform the Work involved promptly. 9.04 REJECTING DEFECTIVE WORK City will have authority to reject Work which City's Project Representative, in conjunction with input from City inspectors, determines will not produce a completed Project conforming to the Contract Documents or 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. In the event rejected Work is subsequently found to be in general conformance with the Contract Documents, Design -Builder shall be entitled to an adjustment in the Contract Price and/or Contract Time. ARTICLE 10: CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 AUTHORIZED CHANGES IN THE WORK A. Without invalidating the Agreement and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Design -Builder shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. 10.02 UNAUTHORIZED CHANGES IN THE WORK Design -Builder 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 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 47 of 71 MODIFIED BY THE PARTIES Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.16. 10.03 EXECUTION OF CHANGE ORDERS A. City and Design -Builder shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of Defective Work under 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 Design -Builder 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 Design -Builder 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 Design -Builder incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 NOTIFICATION TO SURETY If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Design -Builder's responsibility. The amount of each applicable bond will be adjusted by the Design -Builder to reflect the effect of any such change. 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 Design -Builder of any rights or remedies it may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: Written notice stating the general nature of each Contract Claim shall be delivered by the Design -Builder to City no later than 21 days after Design -Builder becomes CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 48 of 71 MODIFIED BY THE PARTIES aware of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. Notice --of the-amount..or extent of the Contract Claim, with supporting data, shall be delivered to the City on or before 60 days from the date Design -Builder becomes aware the event giving rise thereto (unless the City allows additional time for Design -Builder to submit additional or more accurate data in support of such Contract Claim). 1. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 2. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 3. Each Contract Claim shall be accompanied by Design -Builder's written statement that the adjustment claimed is the entire adjustment to which the Design -Builder believes it is entitled as a result of said event. C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Design -Builder, 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 Design -Builder 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's written action under Paragraph 10.06.C will be final and binding, unless City or Design -Builder invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. 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 WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 COST OF WORK A. Costs Included: The term Cost of Work means the sum of all costs considered for Construction Phase Services, except those excluded in Paragraph 11.01.8, necessarily incurred and paid by Design -Builder in the proper performance of the Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to Design -Builder will be only those additional or incremental costs required because of the change in the Work. Such Cost of Work shall not include any of the costs itemized in Paragraph 11.01.6, but shall include, but not be limited to, the following items: 1. Labor costs for employees in the direct employ of Design -Builder in the performance of the Work under schedules of job classifications and rates agreed upon by City and Design -Builder. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Labor costs for employees not employed full time on the Work shall be apportioned on the basis of CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 49 of 71 MODIFIED BY THE PARTIES their time spent on the Work. Labor costs shall include 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 also be included to the extent authorized by City. ?. 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. All cash discounts shall accrue to Design -Builder. All trade discounts, rebates, and refunds or returns from sale of surplus materials and equipment shall accrue to City and Design -Builder shall make provisions so that they may be obtained. Costs of materials described in this paragraph in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to the City at the completion of the Work or, at the City's option, shall be sold by the Design -Builder or returned to the supplier; amounts realized, if any, from such sales or returns shall be credited to the City as a deduction from the Cost of Work. 3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Design -Builder or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. 4. Payments made by Design -Builder to its Contractor or Subcontractors for Work performed by Contractor or Subcontractors. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the Subcontractor's Cost of Work and fee shall be determined by the Design -Builder. a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton Media, Inc. ("Blue Book"), as adjusted to the regional area of the Project. The most recent published edition in effect at the commencement of the actual equipment use shall be used. b. Rates shall apply to equipment in good working condition. Equipment not in good condition, or larger than required, may be rejected by City's Project Representative or accepted at reduced rates. c. Equipment in Use: Actual equipment use time documented by the City's Project Representative shall be the basis that the equipment was on and utilized at the Project site. In addition to the leasing rate above, equipment operational costs shall be paid at the estimated operating cost, payment category (and the table below), and associated rate set forth in the Blue Book if not already included in the lease rate. The hours of operation shall be based upon actual equipment usage to the nearest full hour, as recorded by the City's Project Representative. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 50 of 71 MODIFIED BYTHE PARTIES Blue Book Payment Actual Usage Category Less than 8 hours Hourly Rate 8 or more hours but less than Daily Rate 7 days 7 or more days but less than Weekly Rate 30 days 30 days or more Monthly Rate d. Equipment when idle (Standby): Idle or standby equipment is equipment on -site or in transit to and from the Work site and necessary to perform the Work under the modification but not in actual use. Idle equipment time, as documented by the City's Project Representative, shall be paid at the leasing rate determined in Paragraph 11.01.A.4.c., excluding operational costs. e. Where a breakdown occurs on any piece of equipment, payment shall cease for that equipment and any other equipment idled by the breakdown. If any part of the Work is shut down by the City, standby time will be paid during non -operating work hours if diversion of equipment to other Work is not practicable. Project Representative reserves the right to cease standby time payment when an extended shutdown is anticipated. 5. Costs of consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed by Design -Builder far services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Design -Builder's employees incurred in discharge of duties connected with the Work. Cost, including transportation and maintenance, dismantling and removal 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 Design -Builder. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Design -Builder is liable not covered under Paragraph 6.10, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Design -Builder, any Subcontractor, or anyone directly or indirectly employed by any of them or for CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 51 of 71 MODIFIED BY THE PARTIES 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 any of the Work that has been completed and accepted by the City, not compensated by insurance or otherwise, sustained by Design -Builder in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Design -Builder, 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 Design -Builder's fee. If, however, any such loss or damage to the Work that has been accepted by City requires reconstruction and Design - Builder is placed in charge thereof, Design -Builder shall be paid for services, a fee proportionate to that stated in Paragraph 12.01. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions and communication services at the Site, reproduction costs, progress photography costs, costs of general office and similar supplies, postage, express delivery and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds Design -Builder is required by the Contract Documents to purchase and maintain; the cost of all subcontractor bonds and/or an agreed -upon rate for subcontractor default insurance; and insurance. i. Costs of removal of debris from the site. j. That portion of the reasonable travel and subsistence expenses of the Design - Builder's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Design -Builder's written policies for personnel at or below the level of Project Superintendent. k. Company owned trucks, trailers and equipment while directly engaged in performance of Work for this Project, excluding the purchase of new vehicles by Design -Builder or subcontractors for this Project. L Deductibles and self -insured retention amounts associated with insurance. m. Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design -Builder is required by the Contract Documents to pay• n. Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Paragraph t below. o. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 52 of 71 MODIFIED BYTHE PARTIES requirement by the Contract Documents and payments made in accordance with legal judgments or settlements against the Design -Builder resulting from such suits or claims, such payments made only with the City's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by provisions of the Contract Documents. p. Legal and mediation costs, other than those arising from disputes between the City and Design -Builder or reasonably incurred by the Design -Builder in the performance of the Work, except where covered under any indemnity by Design -Builder. q. Reasonable expenses incurred in accordance with the Design -Builder's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel, for personnel below the level of Project Superintendent. r. Reasonable costs incurred by the Design -Builder in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons or property. s. Costs incurred by the Design -Builder in repairing or correcting damaged or nonconforming Work performed by the Design -Builder, Contractor or its Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence of the Design -Builder or the Design -Builder's employees, including supervisory, administrative or managerial personnel, to perform in accordance with the Contract Documents or by the negligence of the Design -Builder's personnel to supervise adequately the Work of the subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Design -Builder from insurance, its Subcontractors or its suppliers. t. Other costs incurred by the Design -Builder in performance of the Work if and to the extent approved in advance in writing by the City. u. Rental charges for temporary facilities, including site office trailer, office equipment, temporary facilities, temporary utilities, dumpsters and toilets. v. Mobilization and demobilization cost associated with Project. w. Project specific, on -site, safety inspection and related safety supplies and costs. x. Project specific, on site, quality control inspection and quality assurance and control costs. B. Costs Excluded: The term Cost of Work shall not include any of the following items: Payroll costs and other compensation of Design -Builder'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 Design -Builder, whether at the Site or in Design -Builder's principal or branch office for general administration of the CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 53 of 71 MODIFIED BY THE PARTIES Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by Paragraph 11.01.A.5, all of which are to be considered administrative costs covered by the Design -Builder's fee. 1. Expenses of Design -Builder's principal and branch offices other than Design -Builder's office at the Site. 2. Any part of Design -Builder's capital expenses, including interest on Design -Builder's capital employed forthe Work and charges against Design -Builder for delinquent payments. 3. Costs due primarily to the negligence of Design -Builder, 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. 4. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. 5. The Design -Builder's capital expenses, including interest on the Design -Builder's capital employed for the Work. 6. Rental costs of machinery and equipment, except as specifically provided in Paragraph 11.01.A.3. 7. Liquidated damages assessed the Design -Builder by the City. 8. Data processing and software costs related to the Work. 9. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph 11.01.B.1 above. 10. That portion of the reasonable travel and subsistence expenses of the Design -Builder's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Contractor's written policies for personnel identified in Paragraph 11.01.B.1 above. C. Design -Builder's Fee: Design -Builder's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of Work, Design -Builder's fee shall be determined as set forth in Paragraph 12.01. D. Documentation: Whenever the Cost of Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.01.B, Design -Builder 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. E. For all subcontracts, the Design -Builder shall ensure compliance with Texas law. F. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the Design - Builder shall accrue to the City if (1) before making the payment, the Design -Builder included them in an Application for Payment and received payment therefore from the City or (2) the City has deposited funds with the Design -Builder with which to make payments; otherwise, cash discounts shall accrue to the Design -Builder. Trade discounts, rebates, CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 54 of 71 MODIFIED BY THE PARTIES refunds and amounts received from sales of surplus materials and equipment shall accrue to the City, and the Design -Builder shall make provisions so that they can be secured. Amounts which accrue to the City in accordance with the provisions of this paragraph shall be credited -to the City as a deduction from the Cost of the Work. G. Accounting Records: The Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents; the accounting and control systems shall be satisfactory to the City. 11.02 CONTINGENCY A. Specified Contingency Amounts: Design -Builder may include in the GMP Contingency amounts as may be acceptable to City. Specific Contingency amounts will be negotiated and memorialized in the Agreement. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by Contingency funds, if provided for in the Agreement, and the Contract Price shall be correspondingly adjusted. 11.03 ALLOWANCE A. Specified Allowance Amounts: City may include in the GMP allowance amounts as may be acceptable to City to allow the City to manage risks associated with the project or project delivery. Specific allowance amounts will be memorialized in the Agreement. B. An appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowance funds and the Contract Price shall be correspondingly adjusted. ARTICLE 12: DESIGN -BUILDER'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME, DELAYS 9.2.01 DESIGN -BUILDER'S FEE The Design -Builder's Fee shall be as negotiated and memorialized in the Agreement. 12.02 CHANGE OF GMP A. The GMP may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved; 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 plus Design -Builder's Fee, 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 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 55 of 71 MODIFIED BY THE PARTIES 12.02.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus Design -Builder's Fee. 4. the amount of credit to be allowed by Design -Builder 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 corresponding deduction in Design -Builder's Fee. 12.03 CHANGE OF CONTRACT TIME A. The Contract Time may only be changed by a Change Order. No extension of the Contract Time will be allowed for Extra Work or for a claimed delay unless the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or Design -Builder can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.04 DELAYS A. Where Design -Builder is reasonably delayed in the performance or completion of any part of the Work due to delay beyond the control of Design -Builder, and that affected Work is within the Contract Time, 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 Design -Builder shall include, but not be limited to, acts or neglect by City or its consultants, 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. B. If Design -Builder is delayed, City shall not be liable to Design -Builder 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 Design -Builder on or in connection with any other project or anticipated project of Design -Builder. C. Design -Builder shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Design -Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design -Builder. D. The Design -Builder shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Design -Builder is caused by the acts or neglect of the City or its consultants, or utility owners or separate contractors, including without limitation the failure of the City to provide information or material, if any, which is to be furnished by the City. Design -Builder may recover only its actual, reasonable, documented extended field overhead (job -site supervision, temporary facilities, etc.) caused by a compensable delay. Home -office overhead is not recoverable. ARTICLE 13: TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 NOTICE OF DEFECTS Notice of all Defective Work of which City has actual knowledge will be given to Design -Builder. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. Should the City CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 56 of 71 MODIFIED BY THE PARTIES need to act in an emergency situation, the City is not required to provide Design -Builder with an opportunity to cure, but shall provide Design -Builder with notice of City's actions within three business days. 13.02 ACCESS TO WORK City, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Design -Builder shall provide them proper and safe conditions for such access and advise them of Design -Builder's safety procedures and programs so that they may comply therewith as applicable. 13.03 TESTS AND INSPECTIONS A. Design -Builder shall give City a minimum of 5 Business Day 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 require any of the Work (or part thereof) to be inspected, tested, or approved by City, City shall assume responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and receive 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. Design -Builder shall be responsible for arranging and obtaining and shall pay all costs in connection with any additional 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 Design -Builder's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by firms acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests for any part of the Work, as determined solely by City. City will coordinate such testing with Contractor. 1. Should any testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Design -Builder shall be responsible for paying for any and all retests. Design -Builder's cancellation without cause of City initiated testing shall be deemed a negative result and require a retest. 2. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Design -Builder. City will forward all invoices for retests to Design - Builder. 3. If Design -Builder fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. CITY OF FORT WORTH GENERAL. CONDITIONS FOR DESIGN -BUILD PROJECTS Page 57 of 73. MODIFIED BY THE PARTIES E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Design -Builder without written concurrence of City, Design -Builder shall, upon request by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Design -Builder's expense. G. Design -Builder shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D or for delay caused by City's failure to provide an inspection or test when properly notified under this Section 13.03. 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 Design -Builder's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Design -Builder, 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, Design -Builder shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept Defective Work in accordance with Paragraph 13.08 in which case Design -Builder 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, Design -Builder shall be compensated for costs and/or time 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 Design -Builder 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 Design -Builder to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Design -Builder, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 CORRECTION OR REMOVAL OF DEFECTIVE WORK A. Promptly after receipt of written notice, Design -Builder 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. Design -Builder shall pay all claims, costs, additional testing, losses, and CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 58 of 71 MODIFIED BYTHE PARTIES 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, Design -Builder 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 Substantial Completion, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Design - Builder's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.09.A is found to be defective, Design -Builder 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 Design -Builder does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the Defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Design -Builder. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion 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 six months after the end of the initial correction period. City shall provide 30 days written notice to Design -Builder should such additional warranty coverage be required. Design -Builder may dispute this requirement by filing a Contract Claim. 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. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 59 of 71 MODIFIED BY THE PARTIES 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. Design -Builder 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 Design -Builder. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 CITY MAY CORRECT DEFECTIVE WORK A. If Design -Builder 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 Design -Builder fails to perform the Work in accordance with the Contract Documents, or if Design -Builder fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Design -Builder, 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 Design -Builder from all or part of the Site, take possession of all or part of the Work and suspend Design -Builder'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 Design -Builder but which are stored elsewhere. Design -Builder 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 13.09. 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 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph13.09 will be charged against Design -Builder, 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. Design -Builder 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 DESIGN -BUILDER AND COMPLETION 14.01 SCHEDULE OF VALUES The Schedule of Values will serve as the basis for construction phase progress payments and will be incorporated into an Application for Payment acceptable to City. Progress payments for Unit Price Work will be based on the number of units completed. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 60 of 71 MODIFIED BY THE PARTIES Progress payments for Preconstruction Phase Services work will be paid based on monthly estimates of the percentage of the Preconstruction Phase Services provided following the NIP for Preconstruction Phase Services. Retainage shall not be held on Preconstruction Phase Services. 14.02 CONSTRUCTION PROGRESS PAYMENTS A. Applications for Payments: 1. Design -Builder is responsible for providing all information as required to become a vendor of the City. Design -Builder shall submit to City for review an Application for Payment filled out and signed by Design -Builder covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. The Design -Builder's Fee for overhead and profit shall be payable on a monthly basis, prorated as a percentage of the contract time expended. 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 Design -Builder, on be ha If of 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, it and each subsequent Application for Payment shall include an affidavit from Design -Builder stating that previous progress payments received on account of the Work have been applied on account to discharge Design -Builder's legitimate obligations associated with prior Applications for Payment. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. Retainage shall not be held on Design Services provided during the construction phase. Retainage shall be released upon substantial completion and not held for maintenance period. B. Review of Applications for Payment: 1. City will, within 30 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application for Payment to Design - Builder indicating reasons for refusing payment. In the latter case, Design -Builder may make the necessary corrections and resubmit the Application for Payment. 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 CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 61 of 71 MODIFIED BY THE PARTIES Documents, a final determination of quantities and classifications for Work performed, and any other qualifications stated in the recommendation). 3. Processing -any such payment will not thereby be deemed to have represented that: inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Design -Builder to be paid additionally by City or entitle City to withhold payment to Design -Builder, or c. Design -Builder has complied with Laws and Regulations applicable to Design - Builder'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 the completed Work has been damaged by the Design•• Builder or his 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 C. Payment: 1. Design -Builder will be paid pursuant to the requirements of this Article 14 and payment of any undisputed portion of an Application for Payment will become due within 30 days of the receipt of the Application for Payment. 2. Upon failure by City to so pay, Design -Builder may suspend performance of Work (whichever phase), or in the event any Application for Payment remains unpaid for ninety days on the basis of non-performance on the part of the City, to terminate this Agreement. Interest at the rate of two percent per annum shall be payable on any amounts which are not in dispute but are unpaid by City after sixty days after receipt of an Application for Payment. When such progress payments are restored, unless terminated as provided for herein, Design -Builder shall resume providing all agreed - upon Services D. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Design -Builder has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 62 of 71 MODIFIED BY THE PARTIES 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.d. 2. If City refuses to make payment of the amount requested, City will give Design -Builder written notice stating the reasons for such action and pay Design -Builder any amount remaining after deduction of the amount so withheld. City shall pay Design -Builder the amount so withheld, or any adjustment thereto agreed to by City and Design -Builder, when Design -Builder remedies the reasons for such action. 14.03 DESIGN -BUILDER'S WARRANTY OF TITLE Design -Builder 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. 14.04 PARTIAL UTILIZATION A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed 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 by City for its intended purpose without significant interference with Design -Builder's performance of the remainder of the Work. City at any time may notify Design -Builder in writing of City's intent to use or occupy any such part of the Work which City determines, and Design•Builder agrees, is suitable for City's use. B. City and Design -Builder may jointly determine certain completed Work to be ready for its intended use, subject to the following conditions: 1. Design -Builder at any time may notify City in writing that Design -Builder considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification, City and Design -Builder 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 Design - Builder in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 FINAL INSPECTION A. Upon written notice from Design -Builder that the entire Work is complete in accordance with the Contract Documents City will: 1. within 10 days schedule a Final Inspection with Design -Builder; and 2. no later than 10 days thereafter, notify Contractor in writing of all particulars which the Final Inspection reveals that the Work is incomplete or defective. Design -Builder shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 63 of 71 MODIFIED BY THE PARTIES B. No time charge will be made against the Design -Builder between the date the written notice to the City is issued and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Design -Builder in writing of the reasons and Contract Time will resume. 14.06 FINAL ACCEPTANCE Upon completion by Design -Builder, to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Design -Builder a letter of Final Acceptance. F � � �i�' e'PJ�►klr A. Application for Final Payment: 1. Upon receipt of a letter of Final Acceptance, Design -Builder 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 by: a. all documentation called for in the Contract Documents (except as previously delivered), including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of any Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Final Payment and accompanying documentation, and: a. after subtracting previous payments made; and b. after subtracting any sum(s) to which the City is entitled, including but not limited to liquidated damages; and c. after all Damage Claims have been resolved: 1). directly by the Design -Builder; or 2). Design -Builder provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution; then d. Final Payment will become due and payable. 2. The making of the final payment by the City shall not relieve the Design -Builder of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 64 of 71 MODIFIED BY THE PARTIES 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 Design -Builder's Application for Final Payment, and without terminating the Agreement, 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.A.5., 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 portion of the Work fully completed and accepted shall be submitted by Design -Builder 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. The City may release a portion of the amount retained pursuant to Paragraph 14.02.A.5. provided that all required Work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted by the City. An amount sufficient to ensure Final Completion will be retained. 14.09 WAIVER OF CLAIMS The acceptance of final payment by Design -Builder will constitute a release of the City from all claims or liabilities under the Agreement 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 Agreement. SUSPENSION OF WORK AND TERMINATION 14.10 CITY MAY SUSPEND WORK A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Design -Builder and which may fix the date on which Work will be resumed. Design -Builder shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Design -Builder 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 Design -Builder, and should it be determined by mutual consent of the Design -Builder and City that a solution to allow construction to proceed is not available within a reasonable period of time, Design -Builder 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 Design - Builder 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 Design -Builder shall take every precaution to prevent damage or deterioration of the work performed; Design -Builder shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Design -Builder may be reimbursed for the cost of moving its 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 of Work to CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 65 of 71 MODIFIED BYTHE PARTIES the Design -Builder 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. 14.11 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. Design -Builder'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, as adjusted from time to time; 2. Design Builder's failure to adhere to the City's Business Diversity Enterprise Ordinance; 3. Design Builder's disregard of Laws or Regulations of any public body having jurisdiction; 4. Design Builder's repeated disregard of the authority of City; 5. Design Builder's violation in any substantial way of any provisions of the Contract Documents; 6. Design Builder'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; 7. Substantial indication that the Design -Builder has made an unauthorized assignment of the Agreement or any funds due therefrom for the benefit of any creditor or for any other purpose; 8. Substantial evidence that the Design -Builder has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 9. Design -Builder 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 Design -Builder and Surety to arrange a conference with Design -Builder and Surety to address Design -Builder's failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, Design -Builder, and Surety do not agree to allow the Design -Builder to proceed to perform under the Agreement, the City may, to the extent permitted by Laws and Regulations, declare Design -Builder in default and formally terminate the Design -Builder's right to complete the Agreement. Design -Builder's default shall not be declared earlier than 20 days after the Design -Builder and Surety have received notice of conference to address Design -Builder's failure to perform the Work. 2. If Design -Builder's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 calendar days after the date of written notice demanding Surety's performance of its obligations, then City, without process or action at law, may take over any portion of the Work. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 66 of 71 MODIFIED BYTHE PARTIES 3. If City completes the Work, City may exclude Design -Builder 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 Design -Builder or Surety but which are stored- elsewhere, and finish the Work as City may deem expedient. 4. Whether City or Surety completes the Work, Design -Builder shall not be entitled to receive any further payment for Work satisfactorily completed prior to Termination until the Work is completely 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 City or Surety completing the Work, such excess will be paid to Design -Builder, with Surety approval, up to the amount withheld prior to Termination. Any excess shall be retained by City unless any completion or take over agreement between City and Surety require said money to be paid to Surety. If City completes the Work due to Surety's failure to so perform, and any claims, costs, losses and damages exceed the unpaid balance, Design -Builder or Surety 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. 5. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Design -Builder or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the right to recover damages from Design -Builder or Surety for Design -Builder's failure to timely complete the Work. Design -Builder shall not be entitled to any claim on account of the method used by City in completing the Work. 7. Maintenance of the Work shall continue to be Design -Builder 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. 8. Termination of Design -Builder for Cause shall nullify any financial incentives which may be contained in the Agreement. C. Notwithstanding Paragraphs 15.02.8, Design -Builder's services will not be terminated if Design -Builder 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 not more than 30 days of receipt of said notice. D. Where Design -Builder's services have been so terminated by City, the termination will not affect any rights or remedies of City against Design -Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design -Builder by City will not release Design -Builder from liability. To the extent that Design -Builder has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the provisions of this Article. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 67 of 71 MODIFIED BY THE PARTIES 14.12 CITY MAY TERMINATE FOR CONVENIENCE A. City may, without cause and without prejudice to any other right or remedy of City, terminate the --Agreement. Any termination shall be effected by -mailing a notice of the termination to the Design -Builder 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 for Convenience, and except as otherwise directed by the City, the Design -Builder shall: 1. Stop work under the Agreement 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 Agreement 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 un-fabricated 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 Agreement 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 Design -Builder and in which the owner has or may acquire an interest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Design -Builder 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. 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. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 68 of 71 MODIFIED BY THE PARTIES E. Not later than 60 days after the notice of termination, the Design -Builder shall submit a termination claim to the City in the form and with the certification acceptable to the City. Unless a written extension request is made within such 60 day period by the Design -Builder, and granted -by the City, any and all such claims shall be conclusively deemed -waived. F. In such case, Design -Builder shall be paid, without duplication of any items, for: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 2. direct 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; 3. reasonable expenses directly attributable to termination; and 4. overhead and profit in the form of a prorated amount of the Design -Builder's Fee, with such proportion being "the cost of the work completed to date" divided by "GMP minus the Design -Builder's Fee". G. In the event of the failure of the Design -Builder and City to agree upon the whole amount to be paid to the Design -Builder by reason of the termination of the Work under Paragraph 15.03, the City shall determine, on the basis of information available to it, the amount, if any, due to the Design -Builder by reason of the termination and shall pay to the Design - Builder the amounts determined. Design -Builder 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. 14.13 CITY MAY TERMINATE FOR CONVENIENCE FOR FAILURE TO AGREE ON GUARANTEED MAXIMUM PRICE FOR THE WORK A. A failure by the City and Design -Builder to agree on a Guaranteed Maximum Price Proposal for the Work may result in a Termination for Convenience of the Agreement. In general, the requirements of Paragraph 14.12 will apply. At the City's sole option, the City may elect to finish Design Services with the Engineer to provide a set of Construction Documents. If the City chooses to do so, City will include this requirement in the notice of Termination for Convenience. Upon mutual agreement of the time and budget required to finalize the Design Services, Design -Builder will manage completion of the Project design to City's satisfaction, and City will retain all rights and remedies provided in the Contract Documents. ARTICLE 15: DISPUTE RESOLUTION 15.01 METHODS AND PROCEDURES A. Either City or Design -Builder 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 Agreement. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Design -Builder shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 69 of 71 MODIFIED BY THE PARTIES C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.C or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Design -Builder: 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 16: MISCELLANEOUS 16.01 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 electronically with a "read receipt verification" requested; or 3. In the case of any notice of Claim or Termination, delivered or sent by registered or certified mail, postage prepaid, or overnight delivery 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. 16.02 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. 16.03 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 GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 70 of 71 MODIFIED BY THE PARTIES 16.04 SURVIVAL OF OBLIGATIONS All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations -indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the contract or termination of the services of Design -Builder. 16.05 HEADINGS Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 71 of 71 MODIFIED BY THE PARTIES ATTACHMENT E LIGHTING SUBCONTRACTOR CONTRACT AND CITY NETWORK ACCESS AGREEMENT Design -Build — W 7th Bridge Lighting AgreementPage 18 of 18 FORT WORTH. MAYOR AND COUNCIL COM NICATION 7.1.11 WEST 7TH STREET BRIDGE LIGHTING IMPROVEMENTS PROJECT (CPN 105022) AWARD DATE: 06/23/26 M&C FILE NUMBER: M&C 26-0520 DEPARTMENT: TRANSPORTATION PUBLIC WORKS SUBJECT (CD9) Authorize Execution of a Design -Build and Maintain Services Agreement with Highway Intelligent Traffic Solutions, LLC in an Amount Not to Exceed $2,141,825.84 for the West 7th Street Bridge Illumination Project RECOMMENDATION It is recommended that the City Council authorize execution of a Design -Build and Maintain Services contract with Highway Intelligent Traffic Solutions, LLC in an amount not to exceed $2,141,825.84 for the West 7th Street Bridge Illumination project (City Project No. 105022). DISCUSSION The purpose of this Mayor and Council Communication is to execute a Design -Build Contract with Highway Intelligent Traffic Solutions, LLC (HITS) for repairs and upgrades to the W 7th Bridge lighting. The project includes replacement of arch aesthetic lighting, conduit remediation, and associated controls and vandalism protection measures. The City's identified project budget is $2,190,037.37. The City issued a Request for Qualifications for Design -Build services for the rehabilitation and upgrade of the lighting system on the West 7th Street Bridge Illumination project (City Project No. 105022). The RFQ was publicly advertised in the Fort Worth Star -Telegram on December 24, 2025 and December 31, 2025 as well as on the City of Fort Worth procurement website on December 24, 2025. On January 22, 2026, Statements of Qualifications (SOQ) were received from the following firms: • Highway Intelligent Traffic Solutions, LLC • Maldonado -Burkett, LLP After evaluation of the SOQs, the two firms identified above were invited to submit proposals on February 20, 2026. Proposals were received on March 20, 2026. A four -member review panel ranked the firms as follows: 1 of 8 FORT WORTH. Rank Proposer Technical Cost Score Total Score (20 pts) Score (80 pts) (100 pts) 1 Highway Intelligent Traffic Solutions, LLC (HITS) 73.5 16.5 90 2 MICA Corporation / Maldonado -Burkett, LLP 68 14 82 Evaluation Criteria (Total 100 points): • Technical Proposal (80 points total) o A-1: Detailed Proposed Team and Work Plan/Approach - 30 points o A-2: Concepts to Improve Project Design or Project Delivery Efficiency - 50 points • Cost Proposal (20 points total) - Evaluated independently subsequent to the Technical Proposal o B-1: Pre -Construction Phase Fee - 10 points o B-2: Construction Phase Fee - 10 points HITS was determined to be the highest -ranked proposer offering the best value to the City. Following successful negotiations with HITS, staff has reached an agreement that aligns within the City's $2,190,037.37 budget and project requirements. The contract will incorporate scope refinements, value engineering, and any approved alternative technical concepts identified during negotiations. Funding is budgeted in the General Capital Projects Fund for the Transportation and Public Works Department for the purpose of funding the West 7th Street Illumination project. This project is located in COUNCIL DISTRICT 9. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies funds are available in the capital budget, as previously appropriated, in the General Capital Projects Fund for the West 7th Street Bridge Illuminati project to support the approval of the above recommendation and execution of contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: Jesica L. McEachern, #5804 ORIGINATING BUSINESS UNIT HEAD: Martin Phillips, #7861 ADDITIONAL INFORMATION CONTACT: Clint Hoover, #6573 ATTACHMENTS 1. Map W 7th Bridge Lighting [7.1.11.1 - 1 page] 2. CONFIDENTIAL - SCORING SUMMARY [7.1.11.2 - 1 page] 2 of 8 FORT WORTH. 3. CONFIDENTIAL - FORM 1295 05.22.26 [7.1.11.3 - 1 page] 4. CONFIDENTIAL - FID Table 105022 W 7th Street Bridge [7.1.11.4 - 1 page] 5. CONFIDENTIAL - W 7th St Bridge Lighting Improve project funds avail [7.1.11.5 - 1 page] 3 of 8 Mayor & Council Map I CPN #105022 FORT WORTH W 7th St I Bridge Illumination Design Contract CD #9 Project Location O o Arch Lighting System Median Council Districts 9 - Elizabeth M. Beck 9 - Elizabeth M. Beck W 5TH ST a t- w O LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W 7TH ST 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d 0 175 350 US Feet ° fli W 10TH ST r' 1 A; �� ll aI�= WHl FIGURE 1- LOCATION MAP Data Source: CFW GIS, Near Map I Map generated October 2025 I TPW Business Support Services Copyright © 2025 City of Fort Worth. Unauthorized reproduction is a violation of applicable laws. This data is to be use for graphical representation only. The accuracy is not to be taken/used as data produced for engineering purposes or by a registered professional land surveyor. The City of Fort Worth assumes no responsibility for the accuracy of said data. N N O U, O T- z a U a) c s a) J a) W C) U) L U) .M� L O a LL w a t0 N i E U) C) 0 U) O Co F- 0 U 00 Q w O O t0 0I Lo o a N 0 O a O N N O CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2026-1466203 Date Filed: 05/22/2026 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Highway Intelligent Traffic Solutions LLC Cedar Hill, 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 g 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. No 105022 W 7th Street roadway and pedestrian lighting 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. R X 6 UNSWORN DECLARATION My name is Kent Smith , and my date of birth is My address is 1500 High Meadows Way Cedar Hill TX , 75104 , _USA_ (cbty9 (state) (zip code) (country) I declare under penalty of per(ury that the foregoing is true and correct. Executed in Dallas County County, State of Texas , on the 22 day of May 2026 (month) (year) S nature of authorized agent of contracting business entity 6 of ttii (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0.db93d4f8 X 1111■■■■■■■ x ■■■■■■■■■■ X 11111111111111111111111 3 3 C7 E E ` E IIIIIIIIIIIa a Y a ioIIIIIIIIII III 0 LLIIIIIIIIIIII9 IIIIIIIIIIIQ y ,,,,,,,,,,, v ,.,,,,,,,, hlllllllllllZW LhIIIHhIIII W d my Q m LL T ilIllIllIllT Q a IIIIIIIIII 11111111111 ilIllIllIll i+VOl a` 1 11111111111 11111111111 1 ii ,,,"""" ,,,"„"1 11111111111 21111111111 0 0 0 vi'3O 00 0 0 m m © O 6 b 0 O Q0 0 g g o Os Cs O O 0 0 o F W ui c � a v a � � a K ■r° f m E W FORT WORTH® Routing and Transmittal Slip Transportation & Public Works DOCUMENT TITLE: M&C: 26-0520 W7th Street Bridge Illumination Design Build Award CPN: 105022 CSO: DOC#: Date: 08/27/2026 To: Name Department Initials Date Out 1. Shammi Rahman TPW - Initial z 2. Clint Hoover TPW - Signature 3. Rajnish Gupta TPW — Initial G 4. Anna Benavides TPW — Initial B 5. Martin Phillips TPW — Initial MAP 6. Doug Black TPW — Signature DouglasBlack 7. Lauren Prieur TPW - Signature 8. Jesica McEachern CMO - Signature 9. Katherine Cenicola CSO - Signature 10. Jannette Goodall CSO - Signature 11. Allison Tidwell CSO - Signature 12. Tabitha Giddings TPW- Initial DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES HNo RUSH: ❑YES ❑No SAME DAY: EYES No NEXT DAY: ❑YES No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ❑ Signature/Routing and or Recording ❑ Comment ❑ File Thank you! ❑ Attach Signature, Initial and Notary Tabs FORT WORTH® City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Highway Intelligent Traffic Solutions, LLC, Subject of the Agreement: WEST 7TH STREET BRIDGE ILLUMINATION DESIGN BUILD AWARD M&C Approved by the Council? * Yes © No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes © No ❑ If unsure, see back page for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No © If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: If applicable. Is a 1295 Form required? * Yes © No ❑ *If so, please ensure it is attached to the approving M&C or attached to the contract. Project Number: If applicable. 105022 *Did you include a Text field on the contract to add the City Secretary Contract (CSC) number? Yes ❑ No 121 Contracts need to be routed for CSO processing in the following order: 1. Katherine Cenicola (Approver) 2. Jannette S. Goodall (Signer) 3. Allison Tidwell (Form Filler) *Indicates the information is required and if the information is not provided, the contract will be returned to the department.