General Conditions of the Contract for Construction Lump Sum Contract Page 1 of 24 CFW PMD –Holly Fuel Facility September 2026

City of Fort Worth, Texas Property Management Department

Facilities Management Group/Architectural Services Division

GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION

LUMP SUM CONTRACT

SECTION A

DEFINITIONS, PROCEDURES AND INTERPRETATIONS

A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work.

A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change.

A-3 WORK: By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents.

A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed electronically, with all required attachments, including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond.

A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor shall examine carefully the, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. They shall examine the site of work and satisfy themselves as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that they have complied with these requirements and has accepted the site as suitable for the work.

Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed.

A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract. The intention of the Contract Documents being to provide for all labor, supervision, materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings.

A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades.

A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect o r at the request of the CONTRACTOR, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be affected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect, Contractor, or any subcontractor or materialman, or involving any question of fault or liability of any party, the decision of the Owner shall be final and binding.

In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence:

Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and, Construction Contract.

A-9 CORRELATION AND INTENT: In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval.

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A-10 COPIES OF REVIEW DRAWINGS AND SPECIFICATIONS: The Contractor will furnish to City review Drawings and Specifications in electronic format prior to starting work. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished be him.

A-11 EQUITABLE BUSINESS PROVISIONS: Not Applicable

A-12 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither themselves nor any of their officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection wi th the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement.

Contractor further covenants that neither themselves nor their officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment.

Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allega-tions asserted by third parties or subcontractor against City arising out of Contractor's and/or their subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement.

A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that themselves and any and all of their subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of their subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or their subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement.

SECTION B

IDENTITY OF ARCHITECT

B-1 CONTRACT ADMINISTRATION: The Architect is the person or person lawfully licensed to practice architecture identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner during the construction phase as directed by the Owner. The contract will be administered in Trimble Unity Construct, online software procured by the City of Fort Worth. Contractor not familiar with the software, shall attend trainings to learn pay application process, RFI process, schedule update, submittal process in Trimble Unity Construct. Training will be provided by City of Fort Worth.

B-2 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or their authorized representative.

Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor.

B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Architect will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times.

B-4 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform their assigned functions under the Contract Documents.

The Architect will make periodic visits to the Site to familiarize themselves with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor’s applications for payments, the Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts.

B-5 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owner.

The Architect’s decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents.

B-6 AUTHORITY TO STOP WORK: The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in their reasonable opinion, the Architect considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Architect will have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed.

B-7 MISCELLANEOUS

Shop Drawings, Submittals and Samples: The Architect will review Shop Drawings, Submittals and Samples.

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Change Orders: Change Orders, Owners Contingence Allowance forms, and Field Orders for Minor Changes in the work will be issued by the Owner through the Architect in accordance with the provisions of Section L.

Guarantees: The Architect will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner of each guarantee.

Inspections: The Architect will conduct inspections for the purpose of determining and making their recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Substantial Completion.

Operation and Maintenance Manuals: The Architect will receive on behalf of the Owner one hard copy and two digital copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor.

B-8 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Assistant Director of the Property Management Department, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection.

SECTION C

OWNER

C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by their duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, and Director of the Property Management Department and members of the Facilities Management Division. A designated representative will be identified from within the Facilities Management Division to act as a point of contact for day-to-day contract administration.

C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that they have inspected the premises and familiarized themselves therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner’s survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under their control with reasonable promptness at the request of the Contractor.

C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the Architect.

C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress.

The Contractor shall provide facilities for such access so the Owner may perform their assigned functions under the Contract Documents.

C-5 PROGRESS INSPECTIONS: The Owner and Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract Documents. On the basis of on-site observations and reports concerning the progress and quality of the work, the Owner and Architect will approve and authorize the Contractor’s applications for payments.

C-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in their reasonable opinion, the City considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the City will have authority to require the Contractor to stop the work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, install ed or completed. The Contractor shall be responsible for the cost of investigations, special inspections and testing for work that is found not to comply with the plans and specifications.

C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which is to be prepared by the Architect and signed by the Contractor, and accepted, approved and signed by the Owner.

C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract.

Contractor further agrees to include in all their subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used herein includes purchase orders.

Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for t he costs of copies at the rate published in the Texas Administrative Code.

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C-9 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated, the Contractor shall:

a) Stop work under the Contract on the date and to the extent specified on the notice of termination.

b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.

c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination.

After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work com pleted;

provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit their claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract.

SECTION D

CONTRACTOR

D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or their authorized representative.

D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the deta ils of the Work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts of their officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, their officers, agents and employees, and the doctrine of respondent superior shall not apply.

D-3 SUBLETTING: It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the prior written consent of the Director of the Property Management Department of the City of Fort Worth.

D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission they may discover. The Contractor shall do no work without approved Submittals, Drawings, Specifications and Interpretations.

D-5 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and attention. They shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents.

D-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work.

The Contractor will use its reasonable best efforts to hire or contract with local laborers, workmen and materialmen. This general condition is not to be construed as limiting the right of the Contractor to employ laborers, workmen or materialmen from outside local area.

The Contractor shall at all times enforce strict discipline and good order among their employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to them.

D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE

Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), 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.

Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the p revailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset their administrative costs, pursuant to Texas Government Code 2258.023.

Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 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 contractor or subcontractor and any affected worker of their initial determination.

Upon the City’s determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the

General Conditions of the Contract for Construction Lump Sum Contract Page 5 of 24 prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation.

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 (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes their initial determination pursuant to paragraph (c) above.

If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the 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.

Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection.

Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the Contractor shall submit a notarized affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code.

Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times.

Subcontractor Compliance. The Contractor shall include in their subcontracts and/or shall otherwise require all of their subcontractors to comply with paragraphs (a) through (g) above.

On projects where special wage rates apply (e.g. Davis-Bacon) the Contractor agrees to meet all requirements of such programs.

D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects , and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

Prior to occupancy of the Project by the Owner, the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by (i) abuse by the Owner’s separate contractors, or (ii) modifications made by the Owner or the Owner’s separate contractors. After occupancy of the Project by the Owner, the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by (i) abuse, (ii) modifications not executed by the Contractor, (iii) improper or insufficient maintenance, (iv) improper operation, (v) normal wear and tear, or (vi) normal usage.

The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents.

D-9 TAXES: The Contractor is exempt from State Sales Tax on materials consumed by or incorporated into the work

D-10 LICENSES, NOTICES AND FEES: Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. City of Fort Worth Building and Trade Permit fees are waived.

Separate permits may be required for each work location. It is the responsibility of the contractor to ensure all permits are kept active and do not expire. The contractor will be responsible for any reinstatement fees due to expired permits.

The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect and Owner in writing and any necessary changes will be made.

If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect and Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto.

D-11 ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor’s handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct, but they will not be required to employ persons against whom they make a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance.

D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case.

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D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor.

D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifica-tions made a part hereof, the Contractor and/or their Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost.

D-15 PROGRESS SCHEDULE: Contractor, immediately after execution of the contract, shall prepare and submit for the Architect’s approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the Architect’s approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials.

1. The schedule shall be prepared using Microsoft Project, Oracle Primavera P6, or Trimble Unity Construct, labeled “Baseline Schedule,” and formatted to be legible when printed on 11" × 17" paper.

2. The schedule shall identify activity durations, predecessor and successor relationships, total float, and a continuous critical path, clearly identified in red.

3. The schedule shall include submittal preparation, review and approval periods; procurement and delivery of long-lead items; required inspections; and major Project milestones.

4. The schedule shall include, as applicable: permitting; Notice to Proceed; mobilization; SWPPP implementation;

demolition; grading and site work; utilities; underslab utilities; foundations, including structural piers and slabs; structural steel erection; MEP rough-in; building dry-in; finish-out activities; testing and inspections; commissioning; punch list;

Substantial Completion; Final Completion; and closeout.

5. Activities exceeding two (2) weeks in duration shall be further broken down by building section, area, floor, phase, or cardinal direction, as applicable, to clearly demonstrate the sequence and progress of the Work.

6. Schedule activities shall correspond with and align to the Contractor’s Schedule of Values. Cost-loaded schedules are highly encouraged.

7. The Baseline Schedule shall account for anticipated adverse weather. Allowable weather days shall be incorporated into the schedule as monthly weather allowances or float in accordance with the solicitations City of Fort Worth Weather Days.

Contractor shall update the progress schedule monthly and submit to the Architect for approval with the Contractor’s monthly progress payment requests.

Contractor shall provide a two-week look-ahead schedule detailing actual work taking place during that period at all OAC meetings.

D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, clearly marked to record all changes made during construction, shall be delivered to the Architect upon completion of the Work. The Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the Work.

D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. These may be provided in an electronic format if acceptable to the Architect.

Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. Three copies of all physical examples shall be provided.

The Contractor shall review, approve, and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, three copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the t ime of submission, the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents.

By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that they have determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that they have checked and coordinated each shop drawing given in the Contract Documents. The Architect’s approval of a separate item shall not indicate approval of an assembly in which the item functions.

The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect’s approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections

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The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions.

The Architect’s approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the t ime of submission and the Architect has given written approval to the specific deviation. Architect’s approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples.

No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. Payment for Shop Drawings will not be made until they are approved by the Architect or City.

D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by the City, the entire site of the Work shall be under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.

The Contractor shall rebuild, repair, restore and make good at their own expenses all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance.

D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of their Work that may require making several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it.

D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Work the contractor shall remove all their waste materials and rubbish from and about the Project as well as all their tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work “Broom -clean” or equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings “broom -clean”, Contractor shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors.

If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor.

D-21 COMMUNICATIONS: The Contractor shall copy the Owner on all communications to the Architect and copy Architect an all communications to Owner.

D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual.

SECTION E

SUBCONTRACTORS

E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or their authorized representative.

Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of their sub-subcontractors or materialmen.

E-2 AWARD OF SUBCONTRACTS: The Contractor shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization.

If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw their bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at their discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute.

The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect.

E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub-subcontractors) which shall contain provisions that:

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1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights;

2. Require that such Work be performed in accordance with the requirements of the Contract Documents;

3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment;

4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner;

5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and,

6. Obligate each Subcontractor specifically to consent to the provisions of this Section

All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub-contract.

E-4 SMALL BUSINESS UTILIZATION (SBU):

In accordance with the City's Small Business Ordinance, Chapter 21 of the City Code, the City has established a Small Business Goal for the Improvements being constructed pursuant to this Agreement. Constructor shall comply with the Small Business Ordinance, the Small Business Goal established for this Agreement. The Small Business Utilization Form submitted by Contractor with its bid is attached hereto as and is incorporated herein by reference. Contractor’s failure to comply with the Small Business Goal for this Agreement may result in the Contractor not being considered a responsible bidder on any future bidding opportunities with the City of Fort Worth.

E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor’s Work. The Contractor shall also require each Subcontractor to make similar payments to their subcontractors.

If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, for their Work to the extent completed, less the retained percentage.

The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and they shall require each Subcontractor to make similar payments to their Subcontractors.

The Owner may, on request and at their discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors.

Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontrac tor.

E-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRATION (EDA) FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110, as appropriate.

Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section.

No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids.

All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246.

All subcontracts must contain a nondiscrimination clause.

Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts.

Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347.

Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible.

Deleted: ¶

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All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year.

Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257.

SECTION F

SEPARATE CONTRACTS

F-1 OWNER’S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work.

When separate contracts are awarded for other portions of the Work, “the Contractor” in the Contract Documents in each case shall be the contractor who signs each separate contract.

F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate work with theirs.

If any part of the Contractor’s Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor’s work as fit and proper to receive their Work, except as to defects which may develop in the other separate contractor’s work after the execution of the Contractor’s Work.

Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor’s expense, and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney’s fees, court costs and expenses which the Owner has incurred in connection with s uch suit.

F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting, fitting or patching of work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents.