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Contract 53109-PM1
�a�10 i1 y?q� ORIGINAL RECEIVED cm DEC 13 2019 ^' w' FORTWORTH CITY SECRETARY CffYSE Cf M FORT WORTH o" CONTRACT NO. 53 109—P�/ I YSECRETgRy vi 1"� PROJECT MANUAL FOR THE CONSTRUCTION OF Drainage Improvements To Petty Place To Serve SPEEDWAY 2 INDUSTRIAL PARK- BUILDING 2 City Project No. 102350 FID No.30114-0200431-102350-EO7685 Betsy Price David Cooke Mayor City Manager Christopher P.Harder,P.E. Director, Water Department William Johnson Director,Transportation and Public Works Department Prepared for The City of Fort Worth SEPTEMBER, 2019 GOOD a �1[ARSHALL i CIVIL ENGINEERS--PLANNERS--SURVEYORS 2405 DMW Grapevine,?7W51 •..•������ (817)328-4378 � :•0F•T�ti BRENT A.CALDWELL / 108515 i s�/111 N 5t � i�` •,c 8 OFFICIAL RECOK l CITY SECRETARY FT. WORTH,TX 0000 10 1 TA13LE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Pagel of SECTION 00 0010 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00-.General Conditions n0"'3 ;nst+ustions-to Bidders 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 4313 Bid BoA 0045 11 Bidders Prequalification's 00 45 12 Prequalification Statement 00 45 26 Contractor Compliance with Workers'Compensation.Law 00 45 40 Minch.+Buss. � t r .,i 1 AAAAVA IL''�Business 00 52 43 Agreement 0061 25 Certificate of Insurance 00 62 13 Performance.Bond 0062 1.4 Payment Bond 0062 19 Maintenance Bond 007200 General-Ee„ itie 0073 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects Division 01 - General Requirements 01 1100 Summary of Work 01 25 00 Substitution Procedures 01 3l 19 Preconstruction Meeting 01 3233 Preconstruction Video 01 33 00 Submittals 0135 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 015713 Storm Water Pollution.Prevention Plan 01 6000 Product Requirements s 01 6600 Product Storage and Handling Requirements 3 01 7000 Mobilization and Remobilization 01 71 -23 Coast-.,uetie stakiftg 01 74 23 Cleaning 01 77 19 Closeout Requirements 1 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 E Re,ised April 2,2014 E 3 00 00 10-2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 4 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the.City's Buzzsaw site at: ht s:ll ro'eet pint.buzzsaw.com/elient/fortworth ov/Resources/02%20- %20ConstrLictioii%2ODocuments/Specifications Division 02-Existing Conditions 02 0 l3 Seleetive-SiteDemelxt-ien Division 03- Concrete 03 30 00 Cast interae-e-C-ener--ete 0394 3 CBiitfelled Low-vtrengc Nita Ci✓SN4) 03 9000 Medifieat4enste Existing GeneFete StPaeture Division 26-Electrical 26 05 lift. ., AreA-, Results for Eleetr-ieal 26-05-43 -'rideWeund Duets-and�caEBiVVa�,sfvnErcccr7cu rvyscc-ms Division 31-Earthwork 3l 10 00 Site Glee.•., 3 1 2 3 116--Unelassi wed E�ieaavatiea 3 i 23 23 - Bear-A 31 -24 0 0 E.,�I,.,.,I.,,,entS 31 2500 Erosion and Sediment Control 31 36-00-- - G-;-;h-i e*s Division 32-Exterior Improvements 3201 47 Permanent Asphalt Paving Re a . 32-123Fle�ir Flexible e Eeufse5 32 1-12 Lime Treated-Base-Courses 32 il: 33 Cement T-F.eated Pa.se 'GC7L1Fses -!J-+ AID Av ......._..I l sphah Paving 32 2 73 Asphalt n b O-aek S ealaiit s a 3 321320 Genuete Sidewalks, eways-scnd Ba ie-Tr-eeRafflps 32 ig 73 Genurete Paving joint Sealants 32 14 16 R.iek Unit Pavia 3- 1� Eefrefete Cu d Gutters n Valley Qu# i-g�'aiici-viic ccro-ucrccci 32 i723 -Pavement MaFking-s 32 31 13 G-h-Ain Link Fenees and Ga.tes i CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised Aljvj 2,2014 E 1 t 00 00 10-5 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page of 4 Division 33 -Utilities. 33 01 30 Sewer and Manhole Testing (;GT-V) hispeetien 330. 4 W joint-Beading and EteetFieal isolation 3304 i i Car-resin E6n+T t Test Stafiefls 33 04 12 Magnesium Anode Gathedie Preteefiep System 33-043o TlempEwafy Water--Servises Gleaning and z-rccc Testing of WpAer-Maifts 3305 10 Utility Trench Excavation,Embedment, and BackfiIl 33 05 i 2 Water-Line Lev�,e 33 05 13 Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 3305 16 Eefier-ete WaterEanits 3305 17 Concrete Collars 33 05 20 Auger Boring 33 05 N Tunnel binef Plate 33 05-22 el G g Pipe 33 05-24 installatien � 1 Pip Casing z r r Plate 3.3 05 26 Utility Mafker"eeatefs 33 05 30 Explefater-y&-reavatien ferExisting Utilities 33 ii 1 i Duet-ile Yea�ccmg-s Pipe, 33 12 10 W4eF Ser-yiees y ineh t 2 • b 33 Q 20 Resilient Seated Ga�e Valve 33 1221 AWWA R-mbbef Seated.Dutter y z�--yes33 i2 2-5 Gemieetion to 1;xisting Water Mains 33 ? la Dt-y Barrel ire 33 1260 Blew eff Valves 33 31 12 —Cured in laea Pipe(GIB 33 3i -20 Pel5winyl Ghler-ide(PVC) Gfavity Sanitary Sewer Pipe 33 -/ U4ALa Ili 4CLa 1_CA vSt•p Lining 33 3123 Sanitary Seyow Pipe Enlargement 33 3150 Sanitary Sewer Service Connections and Service Line t Air-Vuay.-ry 33 39 10 Cast-in-PIace Concrete Manholes 33 39 20 Precast Concrete Manholes 339930 30 FibeFglass,. ,r:.ran he6s i CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 € STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS--DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 2,2014 t f 0000 10-4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 4 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 HDPE Storm SeweFP-ipe 33 4602 T t, D..ains 3349 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34-Transportation b TFaffie Signals. 34-41-20 n a ill; .flit,., e n �.4es arc l3un=i`�r=aTp� crcioi3-rL�Scm vri�. 3471 13 Traffic Control Appendix GG n nt of Availability e fTL-aFA-s GG 4:022 Subsu wee and Physieal eiidmritime+s GG 6.07 Wage Rates GC 6.24 Nendisefifnifia4ieff G.. 0160 00 PreduetRequrcrncircs END OF SECTION CITY OF FORT WORTH. Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project*]0235.0 Revised.April 2,2014 DIVISION 00 GENERAL CONDITIONS UTILITIES 00 41 00 DAP BID FORM Page 1 00 SECTION 00 4100 DAP BID FORM Scannell Properties TO: 5959 Sherry Lane#1550 Dallas,TX 75225 FOR: Drainage Improvements To Petty Place To Serve.Speedway 2 Industrial Park,Building 2 City Project 102350 No.. Units/Sections: FID No.30114-0200431-102350-EO7685 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with Developer in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the.Contract Documents for the Bid Price and within the Contract Time indicated in this.Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER.Acknowledgements and Certification 2.1, In submitting this Bid,Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond, 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award,and will provide a valid insurance certificate meeting all requirements in the construction contract. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed:individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid 2.5, Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving,.receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made(a)to influence the bidding process to the detrime tit of.Developer(b)to establish.Bid prices at CITY OF FORT WORTH Speedway 2 tnd Park,Bldg 2 STANDARD CONSTRUCTION,Bil)FORM—DEVELOPER AWARDED PRO7 ECTS City Project#102350 Form Revised April 2, 2014 i 004100 DAP BID FORM Page 2 of 3 artificial non-competitive levels, or.(c)to deprive Developer of the. benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders,with or without the knowledge of Developer, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: Water and Wastewater New Development,Rehabilitation and Redevelopment Open Cut all.sizes 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within working days after the date when the Contract Time commences to run as provided in the General Conditions. 4.2, Bidder accepts the provisions of the Agreement to Iiquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. S. Attached to this Bid Tile fallowing documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Bid Bond(if required), Section 00 43 13 issued by a surety meeting the requirements of the General Conditions. c: Proposal Form, Section 00 42 43 d. MBE Forms (if required.) e. Prequalification Statement, Section 00 45 12 f Any additional documents that may be required by Section 12 of the Instructions to Bidders g. Bidder pre-qualification application(optional) 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices-for each pay item by the respective estimated quantities shown in.this proposal and $ then totaling all of the extended amounts._ 6.3. Evaluation of Alternate Bid Items <use this if applicable,otherwise delete> i CETY OF FORT W ORTH Speedway 2 Ind Park,Bid&2 STANDARD CONSTRUCTION BID FOAM-DEVELOPER AWARDED PROJECTS City Project#102350 1 Form Revised April 2, 2014 E i I 3 0041 00 DAP BID FORM Page 3 of 3 Total Base Bid $129,750.00 Alternate Bid Deductive Alternate Additive Alternate TOTAL BID $129,750.00 7. Bid Submittal This Bid is submitted on 9/5/2019 by the entity named below: Respectfully submittil ol B Receipt is acknowledged of y the following Addenda: Initial signature) Printed Name: Kyle Marsh Addendum No. 1 Title: President Addendum No. 2 Addendum No. 3 Company: Wright Construction Co., Inc. Addendum No. 4 Address: 601 W. Wall Street Grapevine,TX 76051 State of Incorporation: Texas Email: eda wri htconst.com Phone: 817-481-2594 END OF SECTION CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 Q c STANDARD CONSTRUCTION BID FORM—DEVELOPER AWARDED PROJECTS City Project p 10asO Farm Revised April 2, 2014 W 42 4? DAP-RIr3 PROPO At P.F 1-1 1 SECTION OD 42 43 Developer Awarded Projects-PROPOSAL FORM Speedway 2 Industrial Park-Daildin 2 City Project: UNIT PRICE BID Bidder's Application Project Itcm Information bidders Proposal Bidlist Item Dcscn tion rz P Specification Seetim No. IvUlcesun Q Bantlih Unit Pncc Sid Value UNIT :DRAINAGE IMRPOVEMENTS 1 3341.0208 27"CL III RCP T&G+B14:B14:B21 3341 10 LEA 25 $85.DD $2,125.OD 2 3341.0208 27"CL III RCP T&G BY BORE 3341 10 138 $824.00 $113,712.00 3 3349.7002 CORE INTO EXISTING 5'SO.DROP INLET- (INCLUDES 334920 1 $7,BOO.00 $7,BOD.Do REMOVING&REPLACING EXISTING ROCK RIP RAP) 4 3349.001 4'X 4'JUNCTION BOX 33 49 10 1 $5.787.00 35,787.00 5 3301.0002 POST CCTV INSPECTION 3301 31 163 $1.OD $163.00 7 3305.0109 TRENCH SAFETY 330510 163 $1.00 $163.D0 TOTAL UN :DRAINAG M V M NT5 $129 750.00 Hid Summary UNIT I:DRAINAGE IMRPOVEMENTS 1 $129.751).00 Total Construction Bid $129,760.00 This bid is submitted by the entity listed below_ Company:Wright Construction Co„Inc. By: APrinthXO7mh Street Address, 601 W,Wall Street City,State,Zip Ccde, Grapevine,TX 76051 Phone: gn _ TlDe. President Date: 9I512c 19 Contractor agrees to complete WORT:for FINAL ACCEPTANCE within 30 working days after the date when the CONTRACT commences to run as provided in the General Conditions. END OF SECTION Cr ry OF 7UR I WQK rl I STANDARD['�NgTRtlC"n VN SPr:C'n I{'ATn1N DVCI WFNTS-DEVELOPER AWARDED PROJECTS Pwln Ver—Gr—b.1,2.15 164241 Hid F},J 1,OIdF24t7 Pcln Place Sims Drum-N,.5 �,int 004511-1 BIDDERS PREQUALIFICATIO1NS Pagel of 3 SECTION 00 4511 BIDDERS PREQUALIFICATIONS 1. Summary.All contractors are required to be prequalified by the City prior to submitting bids. To be eligible to bid the contractor must submit Section 00 45 12,Prequalification Statement for the work type(s) listed with their Bid.Any contractor or subcontractor who is not prequalified for the work type(s) listed must submit Section 00 45 13,Bidder Prequalification Application in accordance with the requirements below. The prequalification process will establish.a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven(7)days prior to the date of the opening of bids. For example,a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application,the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements,if any b. A certified copy of the firm's organizational documents (Corporate Charter,Articles of Incorporation,Articles of Organization,Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder.Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermi t/and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun& Bradstreet. This number is used by the City for required reporting on Federal Aid projects.The DUNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their.initial prequalification.These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The.City requires that.the original Financial Statement or a certified copy be submitted for consideration. 1 f 9 6 G CITY OF FOR'1 1NOCZTII Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPICIFIC.ATION DOCUMENTS City.Project#�()„�3�f(,� Revised April 2,2014 1 v 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (2) To be satisfactory,the financial statements must be audited or reviewed by an independent,certified public accounting firm.registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual,corporation,.or limited liability company. (4) Financial Statements mast be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5.) The City will not recognize any certified public accountant as. independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has.been conducted in accordance with auditing standards generally accepted in the United States of America.This must be stated in the accounting firm's opi.nion.. It should:(1)express an unqualified opinion, or(2)express a qualified opinion on the statements taken as a whole. (7) The City reserves the.right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts, Bidding capacity is determined by multiplying the positive net working capital (working capital=current assets--current liabilities)by a factor of 10. Only those statements reflecting a positive net working.capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding datefalls within the time a new financial statement is being prepared,the previous statement shall be updated with proper verification. b. Bidder Prequalifrcation Application..A Bidder prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects.Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report,the notation of "None"or"NIA"should be inserted. (2) A minimum of five(5)references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which.is related to the type of work for Which the Contactor is seeking prequalification. The schedule must include the manufacturer,model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid i a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject,,suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. 3 CI I Y OF FORT WORTH Speedway 2 Ind Pads,Bldg 2 sry STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#f/paj 567 � Revised April 2,2014 i 3 i i i 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3. d. If a contractor has a valid prequalification letter, the contractor will be eligible-to bid the prequalified work types until the expiration.date stated in the.Ietter. END OF SECTION 3 i I CITY OF PORT WORTH Speedway 2 Ind Park,Bldg 2 � STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project# /10, 3-40 Revised April 2,2014 i E 004S 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 DAP—PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. In the"Major Work Type"box provide the com fete major work type and actual description as provided by the Water Department for water and sewer and TPW for pavin& Contractor/Subcontractor Company Name Prequalification Ex iration Date Water and Wastewater New Development, Rehabilitation and Wright Construction Co., Inc. 04/30/2020 Redevelopment Open Cut all sizes The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Wright Construction Co., Inc. BY: Ch ' 601 W. Wall Street Grapevine, TX 76051 (Signature) TITLE: President DATE: 9/5/2019 END OF SECTION CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT—DEVELOP ER AWAR QED PROD ECTS City Prolect# Form Version September 1,2015 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No_1oa0f$o . Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Wright Construction Co., Inc. By: Kyle Company OA 601 W. Wall Street Signature: Address Grapevine, TX 76051 Title: /� � City/State/Zip ' THE STATE OF TEXAS § COUNTY OF TARRANT § BEFO ME,the undersigned authority, on this day personally appeared u 6 known to me to be the person whose name is subscribed to the f going instrument,and acknowledged to me that he/she executed the same as the act and deed of — for the purposes and consideration therein expressed and in the capacity therein stated. i GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2019. 1 2�!p=-jD,N DEB DQNALDSON Notary Public in and for the State of Texas Notary Public *� * STATE OF TEXAS My Comm.Exp.1-24-2021 END OF SECTION CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project# Revised April 2,2014 00 52 43-1 Developer Awarded Project Agreement Pave 1 of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT,authorized on ! is made by and between the Developer, Scannell Properties authori ed to do business in Texas and Contractor, Wrizht Construction Co.,Inc. , authorized to do business in Texas, acting by and through its duly authorized representative. Developer and Contractor, in consideration of the.mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall.complete all Work as specified or indicated in the Contract.Documents for the Project identified herein. Article 2.PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Drains a Inr rovements To PettyPlace To Serve Speedivay 2 Industrial Park Building 2 City Pro Led#102350 FID No. 30114-0200431-102350-EO7685 Article 3. CONTRACT TIME 3.1 Time is.of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are.of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 30 working days after the date when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that`Developer will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance.with Article 10 of the Standard City Conditions of the Construction Contract for Developer Awarded i Projects. The Contractor also recognizes the delays, expense and. difficulties involved in proving in a legal proceeding the actual loss suffered by the Developer if the Work is not f completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay Developer Two Hundred&Fifty Dollars $250.00 for each day that expires after the times specified in Paragraph 3.2 for Final Acceptance until the Ci P P g p p City issues � the Final Letter of Acceptance. {fE 4 y� f CITY OF FORT WORTH Speedway2 Ind Park,Bldg STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DAP City Project 9102350 Revised June 16,2016 4 005243-2 Developer Awarded Project Agreement Page 2 of4 Article 4. CONTRACT PRICE Developer agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of_ . One Hundred Twenty Nine Thousand Seven Hundred Fiftv`&00/100 Dollars S129 750.0q) Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between Developer and Contractor concerning the Work consist of.the following: 1. This Agreement, 2. Attachments to this Agreement: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Version) 2) Prequalification Statement 3) State and Federal documents(project specific) b. Insurance ACORD Form(s) c. Payment Bond(DAP Version) d. Performance Bond(DAP Version) e. Maintenance Bond(DAP Version) f. Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 3. Standard City General Conditions of the Construction Contract. for Developer Awarded Projects. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. S: Documentation submitted by Contractor prior to Notice of Award. 4. The following which may be delivered or issued after the Effective Date of the 1 Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice.to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. r 1 i i I I CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DAP Chd Projecl 910 Revised June 16,2016 't I 005243-3 Developer Awarded Project Agreement Page 3 of 4 Article 6, INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or.alleged to arise out of, the work and services to be performed by the contractor,.its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is s ecificall intended to overate and be effective even if it is alleged or proven that all or some of the damages being sought were caused,in whole or in part, b,y anv act omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city,its officers,servants and employees,from and against any and all loss,damage or destruction of property of the city, arising out of,or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the dama es being sought were caused in whole or in part, 11Y any act omission or negligence of the city. Article 7.MISCELLANEOUS 7.1 Terms. Terms used in this Agreement are defined in Article I of the Standard City Conditions of the.Construction Contract for Developer Awarded Projects. 7.2 Assignment of Contract: This Agreement, including; all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. 7.3 Successors and Assigns. Developer and Contractor each binds itself, its partners; successors,. assigns and legal representatives to the other party hereto, in respect to all covenants, Agreements and obligations contained in the Contract Documents. 7A Severability. i Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DEVELOPER and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant: County, Texas, or the United States District Court for the 9 Northern District of Texas,Fort Worth Division. I 3 CITY OF FORE'WORTH Speedway 2 Ind Park,Bldg 2. a STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DAP 04'�Project#10106 9 Revised June16,2QI5 i qi I 005243-4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties("Effective Date"). Contractor: Developer: Wright Construction Co., Inc. B : B . (Signature) (Signature) Kyle Marsh (Printed Name) (Pr d Name Title: President Title: Company Name: Company Name: Wright Construction Co., Inc. Scannell Properties Address: 601 W.Wall Street Address: 5959 Sherry Lane,#1550 Grapevine,TX 76051 Dallas,TX 75225 Date: 9/5/2019 Date: q l CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DAP City Project#'aa✓�fl Revised June K 2016 Bond#TXC612137 006213-t PERFORMANCE BOND Page 1 of 2 SECTION 00 52 13 PERFOILMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL BY THESE PRESENTS; That we, Wright Construction Co. Inc, known as"Principal"herein and, Merchants Bonding Company(Mutual) a corporate surety(sureties,if more than one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one or more),are held and firmly bound unto the Developer, Scannell Properties , authorized to do business in Texas("Developer")and the City of Fort Worth,a Texas municipal corporation("City"),in the penal sum of, One Hundred Twenty Nine Thousand Seven Hundred Fiftv& 00/100 Dollars ($124,750.00) ,_ ,lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees,we bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number"1g—Q/'--JJ4vA%and WHEREAS,the Principal has entered into a certain written contract with the Developer awarded the day of 2019,which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined by law,in the prosecution of the Work,including any Change Orders,as provided for in said Contract designated as Speedway 2 Industrial Park Building 2. NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work,including Change Orders,under the Contract,according to the plans,specifications,and contract documents therein referred to,and as well during any period of extension of the Contract that may be granted on the part of the Developer and/or City,then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,,Fort Worth Division, CITY OF FORT WORTH Speedway 21nd Park,Bldg 2 STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Pmjccl it Revised January 51,2012 Bond#TXC612137 006213-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code,as amended,and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF,the Principal and the Surety Pave SIGNED and S ALED this instrument by duly authorized agents and officers on this the qM day of 2019. PRINCIPkgnature WrlFnc. BY: ATTEST: ' `y Kc r a^" (Principal)Secretary ` Name and Title Address: 601 W. Wall Grapevine,TX 76051 Witness as to Pr cip I SURETY: Merchants Bonding Company(Mutual) BY:_EajZM:: Signature Elena Sells,Attorney-In-Fact Name and Title Address: P.O. Box 14498 Des Moines, IA 50306 e, —— — it ss to r ty Jennifer Picchi Telephone Number: 515-243-8171 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded, CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project#Revised January 31,2012 Bond#TXC612137 00 62 14-1 PAYMENT BOND Page l of SECTION 00 62 14 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Wri ht Construction Co..Inc. known as "Principal" herein,and, Merchants Bonding Company(Mutual) , a corporate surety ( or sureties if more than one), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Scannell Properties, authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City' , in the penal sum of One Hundred Twenty Nine Thousand Seven Hundred Fifty&00/100 Dollars $I29 750.00 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS,Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth, by and through a Community Facilities qvz Agreement,CFA Number 9'a o- ;and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the '?" " day of -s , 2019, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as Speedway 2 Industrial Park.Building 2. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect, CITY OF FORT WORTH Speedway 21nd Park,Bldg 2 STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project#10g3 Revised lanuary 31,2012 Bond#TXC612137 006214-2 PAYMENT BOND Page 2 of 3 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF,the Principal and Surety have each SIGNED andSEALED this instrument by duly authorized agents and officers on this the g day of 2019. PRINCIPAL: Wright Const n Co., Inc ATTEST: BY; a e (Principal)Secretary Nalne and Title Address: 601 W.W II Grapevine,TX 76051 Witness as to Princ' at SURETY: Merchants Bonding Company(Mutual) ATTEST: BY; Signature NSA Elena Sells,Attorney-In-Fact (Surety)Secretary Name and Title Address: P.O. Box 14498 Des Moines, IA 50306 W ass as to cty Jennifer Picchi Telephone Number: 515-243-8171 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project#Revised January 31,2012 I Bond#TXC612137 Up 62 14-3 PAYMENT BOND Page 3 of3 CITY OF FORT WORTH Speedway 2 Ind Park;Bldg 2 STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Cfy Project 9 Revised January 31,2012 Bond#TXC612137 006219-1 MAINTENANCE BOND Page 1 of 3 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Wright Construction Co. Inc. known as"Principal"herein and, Merchants Bonding Company(Mutual) ,a corporate surety(sureties,if more than one) duly authorized to do business in the State of Texas,known as"Surety"herein(whether one or more),are held and firmly bound unto the Developer, Scannell Properties ,authorized to do business in Texas("Developer")and the City of Fort Worth,a Texas municipal corporation ("City"), in the sum of One Hundred Twen Nine Thousand Seven Hundred Fifty& 001100 Dollars $129,750.00 , lawful money of the United States,to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum we]I and truly be made jointly unto the Developer and the City as dual obligees and their successors,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents, WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement,CFA Number ;and WHEREAS,the Principal has entered into a certain written contract with the Developer / �/� awarded the day of 24 9 which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order(collectively herein,the"Work")as provided for in said Contract and designated as Speedway 2 Industrial Park,Building 2;and WHEREAS,Principal binds itself to use such materials and to so construct the Work in accordance with the plans,specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two(2)years after the date of Final Acceptance of the Work by the City("Maintenance Period"); and CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CITY CONDITIONS—DEVELOPER AWARDED PRO]ECTs City Project 0 Revised January 31,2012 Bond#TXC612137 006219-2 MAINTENANCE BOND Page 2 of WHEREAS,:Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective Work,for which timely notice was provided by Developer or City,to a completion satisfactory to the City,then this obligation shall become null and void;otherwise to remain in full force and effect, PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed.that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated.costs thereof being borne by the Principal and the Surety under this Maintenance Bond;and PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort Worth Division;and PROVIDED FURTHER,that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches, r s 3 3 S f CITY OF TORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised January 31,201 City Fraject#�Qaj J`�D 2. I 3 Bond#TXC612137 006219-3 MAINTENANCE BOND Page 3 of3 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the `1111' day of f2019. PWi nc. BY ATTEST: �� (Principa!} ecretary Name and Title Address: 601 W.Wall Grapevine,TX 76051 Witness as to Principa SURETY: Merchants Bonding Company(Mutual) BY: YA 1A L�LaA Signature Elena Sells,Attorney-In-Fact ATTEST: Name and Title N/A Address: P.O. Box 14498 �{S Secr Des Moines, IA 54306 W1 s to ty Jennifer Picchi Telephone Number: 515-243-8171 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS City Project#1 oa35o Revised January 31,2012 r7!!k BONDING COMPANY IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent of the telephone number provided by your insurance agent. You may call Merchants Bonding Company's toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-262-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://wvwv.tdi.state.tx.us E-mail: ConsumerProtection@td.i.state.tx.us PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved., you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition..of the attached document. SUP 0032 TX(1/09) 23 MERCHANTS Bond#TXC612137 BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies")do hereby make,constitute and appoint,individually, Elena Sells;Jennifer Picchi;Kathy Sells;Lanny Land;Steven W Lewis their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aul hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully Understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 27th day of August 2019 RPt7�p 0 r + d likP0 Ay•+ MERCHANTS BONDING COMPANY(MUTUAL_) 'o. �.y Ci q> ' 2'; � R MERCHANT NATIONAL BONDING,INC. 0 2003 :y_ 1933 4 c: By y� ':a�•. .a.; •, d�.. •fir. •.,Af/ "'O,.• •+ fy " L1+• President STATE OFIOWA ••*''•'�•�'•+++•+ +'•••••+•• COUNTY OF DALLAS ss. On this this 27th day of August 2019 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL. BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. hPR4p�S ALICIA K.GRAM > Commission Number 767430 My Commission Expires pow Apli 11,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on th is day of � Z -o- p:0 ram': 2003 ��: :y 1933 v:C; Secretary . �. .vd. ace;• POA0018 (3117) .,•.........F+.Ja, .+•..... A CERTIFICATE OF LIABILITY INSURANCE 13ATE(MMIDDIYYYY) 902019 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 thee ate holder is an ADDITIONAL INSURED,the policy(les) must 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 CONTACT Box Insurance Agency : Certificates Administrator 1200 S. Main Street, Ste. 1600 aPHONE Ext:B17-865-1806 FAX c Na1�817-424-1404 .Gra evine TX 76051 E-MAIL ---- p AnoREss: Certificates boxinsurance.com„ INSURE-' AFFORD]NG COVERAGE NA1C f1 INSURER A:Travelers IndemnitV of America 25658 INSURED WRIG-C1 INSURER Travelers Indemnit Com any 25658 .Wright.Construction Co., Inc, _._ 601 W.Wall St. INSURER c:Texas Mutual Insurance Company 22945 Grapevine TX 76051 INSURER D:Phoenix Insurance Co- 25623 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:972870057 REVISION NUMBER: 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, ELTR TYPE OF INSURANCE �ADi] UBR POLICY EFF POLICY EXP IINSR WVII POLICY NUMBER MM1DDlYYYY MM1001YYYY LIMITS D GENERAL LIABILITY I Y Y C05G29737A_ 1111112/111 1112912010 EACH OCCURRENCE- 51.000,006 X COMMERCIAL GENERAL UASILITY PREMISES RLoW5 ce� 83110012 CLAIMS-MADE t OCCUR MED EXP(Any ane person) 5 5,p00 _ PERSONAL&ADV INJURY $1,000,000 X FIFS Excluded GENERAL AGGREGATE S 2.p00,000 GEN'L AGGREGATE LIMIT APPLIESPERf I PRODUCTS-COMP/OP AGG I S 2,000,000 POLICY X PRO J LOC j `PD Deductible70cc $5,000 A AUTOMOBILE LIABILITY Y Y BAOL932023 11l2912018 11/2912019 COMBINEDSINGLE LIMIT ANY AUTO BODILY INJURY(Per person) 5 I ALL OWNED SCHEDULED - .- AUTOS AUTOS BODILY INJURY(Peraccident) S X HIREDAUTOS X NON-OWNED i PROPERTY DAMAGE AUTOSPeraccident 5 S B UMBRELLA LIAB X OCCUR i Y Y CUPSM8B2005 i1121121111 11/2912019 EACH OCCURRENCE $10.000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE. 510,000,000 CEO RETENTIONS FOLLOW FORM C WORKERS COMPENSATION Y T.SF0002005571 x WGSTATU- OTH 5 FOLLOW FORM 1112112011 1112912019 AND EMPLOYERS`LIABILITY _i YIN ANY PROPRIETORJPARTNERIEXECUTIVE E,L.EACHAOCIDENT -51.000,000 OFF CERIMEMEER EXCLUDED? � N 1 A 3 (Mandatory d ory be NH)and ! E.L.DISEASE-EA EMPLOYE $1,000,000 If yyes,doscnbe under i OESCRIPTIONOF.OPERATIONS below ( �EL.DISEASE-POUCYLlMIT FS100 0000p I !I I i DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach 101,Additional Remarks Schedule,If more space is required) Project;,Speedway 2.Industrial Park,Building 2 Certificate Holder inicudes:City of Fort Worth,its officers,employees and servants: i i t I I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE E THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS, 200 Texas Fart Worth,TX 76.102 AUTHORIZED REPRESENTATIVE; O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD i I I C05G2 9737A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following Is added to SECTION it—WHO IS (a) The Additional Ensured — Owners, AN INSURED: Lessees or Contractors --Scheduled Any person or organization that Person or Organization endorsement. a. You agree in a "written contract requiring in- CG 20 10 07 04 or CG 20 10 04 13, the Additional Insured — Owners, on on this thise" to include t: an additional Insured Lessees or Contractors —Completed Coverage Part; and Operations endorsement CG 20 37 b. Has not been added as an additional Ensured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of dorsement under this Coverage Part which those edition dates;or includes such person or organization in the (b) Either or both of the following: the andorsement's schedule; Additional Insured -- Owners, Les- is an insured,but: sees or Contractors — Scheduled a. Only with respect to liability for'bodily Injury", Person Or Organization endorsement "property damage"or"personal Injury".;and CG 20 10,or the Additional Insured— Owners, Lessees or Contractors - b. Only as described in Paragraph (1), (2)or(3) Completed Operations endorsement below,whichever applies: CG 20 37, wlthout an edition date of (1) If the "written contract requiring insu- such endorsement specified; ante" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- Insured only If the injury or damage Is i son or organization by the use of: caused, In whole or in part, by acts or (a) The Additional Insured — Owners; omissions of.you or your subcontractor in Lessees or Contractors — (Form Bi the performance of"your work" to which endorsement CG 20 10 11 85;or the "written contract requiring insurance" (b) !wither or both of the following: the applies-,or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor(2) above ap- sees or Contractors — Scheduled plies. Person Or Organization endorsement I CG 20 10 10 01, or the Additional In- (a) The person or organization is an ad- ditional insured only if, and to the ex- cured—Owners, Lessees orContraa- tent. that, the Injury or damage is I tors — Completed Operations an- caused by acts or omissions of you or z dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ante of"your work"to which the"writ- i Insured only if the injury or damage arises ten contract requiring insurance" sp- out of "your work" to which. the 'written plies; and contract requiring insurance"applies; (b) The person or organization does not (2) If the "written contract requiring Insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or i additional insured coverage to that per- omissions of such person or organi- son or organization by the use of; zation. l CG €36 04 08 13 02n13 The Travelers Indemnity.Cempany:All rights reserver!. Page 1 or 3 I i COMMERCIAL GENERAL.LIABILITY 2. The insurance. provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows; excess, contingent or on any other basis, that Is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum liniits of liability required by the any other Insured that does not qualify as a "written contract requiring insurance", the In- named insured, under such other Insurance. surance provided to the additional Insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured.by this endorsement: I€abllity.. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance" will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required for the additional Insured by that"written con- (i) How, when and where the "occurrence" tract requiring Insurance". This endorsement or offense took place; will not increase the limits of Insurance .de- (2) The names and addresses of any injured scribed in Section III--Limits Of Insurance, persons and witnesses;and b. The Insurance provided to the additional in- (3) The nature and location of any injury or .sured does not apply to "bodily injury" "prop- damage arising out of the"occurrence" or erty damage" or "personal Injury" arising out offense. of the rendering of, or failure to render, any b. If a.claim Is made or"suit" Is brought against professional architectural, engineering or sur- the additional insured, the additional insured veying services,.including: must: (i) The preparing, approving, or failing to (i), Immediately record the specifics of the Prepare or approve; maps, shop draw- claim or"suit"and the date received; and Ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications;and receive written notice of the claim or"suit" as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional Insured must immediately send c. The insurance provided to the additional in- us copies of all legal papers received in con- sured does not apply to "bodily Injury" or nection with the claim or"suit",cooperate with "property damage"caused by"your work"and us in the investigation or settlement of the Included In the "products-completed opera claim or defense against the "suit", and.ot.h- tions hazard" unless the "written contract re- erwise comply with all policy conditions. quiring insurance" specifically requires you to d. The additional insured must tender the de- provide such coverage for that additional In- fense and indemnity of any claim or "suit to sured during the policy period. any provider of other.€nsurance which would 3. The insurance provided to the additional Insurers cover the additional Insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that Is ance provided to the additional insured by this available.to the additional insured.However,if the endorsement is primary to other insurance "written contract requiring insurance" specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis, this insured as described In Paragraph 3. above. insurance is primary to other insurance available 5 The following is added to the DEFINITIONS Sea to the additional insured under which that person lion. Sec- or organization qualifies as a named Insured, and we will not share with that other insurance. But "Written contract requiring Insurance" means that the Insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 02013TheTrave1ers indmmuiHyCompany.M righisresL"ed. CG D6 04 08 13 i f .i COMMERCIAL GENERAL LIABILITY ganization as an additional Insured on this Cover- a, After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you;and property damage" occurs, and the "personal in- b. While that part of the contract or agreement is Jury" is caused by an offense committed, during in effect. the policy period and, I t g I CG D6 04 08 13 q 2013 The Travders IndernrOy Company,N1 rights resin. ed Page 3 of 3 E i 1 9 i i CUSGz1737A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTR.ACTORS XTEND ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However;coverage for any injury, damage or medical expenses described In any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part,and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description.only. Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,duties, and what is and.is not covered. A, Aircraft Chartered With Pilot H. Blanket Additional Insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional insured — States Or political D. Incidental Medical Malpractice Subdivisions—Permits E. Who Is An Insured — Newly Acquired Or Formal J. Knowledge And Notice Of Occurrence Or Offense Organizations K. Unintentional Omission F, Who Is An Insured — Broadened Named Insured L, Blanket Waiver Of Subrogation —Unnamed.Subsidiaries M, Amended Bodily Injury Definition. G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises. PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c, and g. through n. do not apply Auto Or Watercraft,in Paragraph 2.of SECTION to "premises damage% Exclusion f.(1)(a) I — COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by: This exclusion does not apply to an aircraft that a. Flee; is: b. Explosion; (a) Chartered with a pilot to any Insured; c. Lightning; (b) Not owned by any Insured;and d. Smoke resulting from such fire,explosion, 3 (c) Not being used to carry any person or prop- or lightning;or 1 E erfy for a charge. e. Water; I B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion L of Section I—Coverage A 1. The first paragraph of the exceptions in Ex- —Bodily Injury And Property Damage Liability clusion J., Damage To Property, in Para- is replaced by another endorsement to this Coverage Part that has Exclusion —Ali Pollu- graph 2. of SECTION I — COVERAGES — g COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- € PROPERTY DAMAGE LIABILITY is deleted. elusion In its title. l 2. The following replaces the fast paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION 1 — "premises damage" as described in Para- COVERAGES -- COVERAGE A. BODILY graph S. of SECTION III — LIMITS OF IN- � SURANCE, 6 CG D3.16 1.1 11 02011 The Travelers fndomnity Cmpany:Al fights reserved: Page 1 of 6 f s i s € COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS PION III-LiMITS OF INSURANCE: 1. The. following replaces Paragraph 1.b. of Subject to 5. above, the Damage To Prem- SUPPLEMENTARY PAYMENTS - COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION k - COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises, b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You required because of accidents or traffic Limit will apply to all "property damage" law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire;explosion; lightning,smoke resulting from nish these bonds. such fire, explosion, or lightning; or water, or Any combination of any of these causes. 2. The following replaces Paragraph 1.d. of The Damage To Premises Rented To You SUPPLEMENTARY PAYMENTS -" COVER- LimitAGES A AND 13 of SECTION I - COVER- will be: AGES; a. The amount shown for the Damage To d, All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or Investigation or defense of the claim or b, $300,000 If no amount Is shown for the "suit", Including actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work, Part. D. INCIDENTAL MEDICAL MALPRACTICE 4. The following replaces Paragraph a, of the 1. The following Is added to the definition of"oc- definition of"Insured contract in the DEFINI- currence"In the DEFINITIONS Section: TIONS Section: a. A contract for a lease of premises. How- "Occurrence" also means an act or omission committed In providing or failing to provide ever, that portion of the contract for .a "incidental medical services", first aid or lease of premises that indemnifies any "Goad Samaritan services"to a person. person or organization for "premises damage`Is not an "Insured contract"; 2• The following Is added to Paragraph.2.a.(1)of 5. The following is added to the DEFINITIONS SECTION It-WHO iS AN INSURED-, Section: Paragraph (1)(d) above does not apply to "Premises damage* means "bodily injury" arising out of providing or fail- "Premises "property dam- ing to provide: age"to: a. Any premises white rented to you or tam- (1) "Incidental Medical services" by any of pararily occupied by you with permission Your "employees who €s a nurse practi- t€oner, registered nurse, licensed practical of the owner;or nurse, nurse assistant, emergency medi- b. The contents of any premises while such cal technician or paramedic;or premises is rented to you, If you rent such premises for a period of seven or fewer (€i) First aid or"Good Samaritan services" by consecutive days. any of your "employees" or "volunteer workers", other than an employed or vol- 3 B, The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV-•COMMERCIAL GENERAL "volunteer workers" providing or Failing to LIABILITY CONDITIONS: provide first old at"Good Samaritan .ser- (b) That Is Insurance for"premises damage"; vices" during their work hours for you will i or be deemed to be acting within the scope 7. Paragraph 4.b.(1)(c) of SECTION iV - of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness, 1 i (1 Page 2 of 6 0�2011 TheTravolers Indmirity C ampny.Ml rights.reserved,. CG D3 16 1111 I E i r COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 5. of 4. Any organization you newly acquire or form, SECTION III—LIMITS OF INSURANCE, other than a partnership, joint g or F'or the purposes of determining the applica- iced liability company, ofwhi which youIthe ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, wlll qualify as a provide "incidental medical services", first aid Named Insured.If there is no other insurance or"Good Samaritan services"to any one per- which provides similar coverage to that ar- son will be deemed to be one"occurrence". ganizatien.However: 4. The following exclusion is added to Para- a.. Coverage under this graph 2., Exclusions, of SECTION I —COv- provision is afforded ERAGES-COVERAGE A BODILY INJURY only: AND PROPERTY DAMAGE LIABILITY: (1) Until the 180th day after you acquire or Sale Of Pharmaceuticals form the organization or the end of the "Bodil policy period, whichever is earlier, if you Y. injury" or "property damage" arising do not report such organization in writing out of the Willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form It,or cats Committed by, or with the knowledge or consent of,the insured. (2) Until the end of the policy period, when 5. The following is added to the. DEFINITIONS that date is later than 180 days after you Section: acquire or form such organization, if you report such organization in writing to us "Incidental medical services"means: within. 180 days after you acquire or form a. Medical, surgical, dental, laboratory,x-ray it, and we agree in writing that it will con- or nursing service or treatment, advice or tinue to be a Named Insured until the end instruction, or the related furnishing of of the Policy period; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before. medical, dental, or surgical supplies .or you acquired or formed the organization; and appliances. c. Coverage B does not apply to " "Good Samaritan services"means an ewer injury" Y Personal an y jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received, formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WH0.15 AN INSURED —BROADENED NAMED insurance, of SECTION IV — COM_ MERCIAL GENERAL LIABILITY CONDi- INSURED—UNNAMED SUBSiDIARIES TIONS: The following is added to SECTION II—WHO iS The insurance is excess over any valid and AN INSURED: collectible other insurance available to the.in- Any of your subsidiaries,other than a partnership, cured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis,that Is available to any of not shown as a Named Insured in the Deciara- your "employees" or "volunteer workers" for tions is a Named Insured if you maintain an own- "bodily Injury" that arises out of providing or ership in of more than 50% in such subsidr- failing to provide "Incidental medical ser- ary on the first day of the policy period. vices", first.aid or"Good Samaritan services" to any person to the extent not subject t0 No such subsidiary is an insured for"bodily Injury"Paragraph 2.a.(1) of Section II —Who Is An or "property damage`that occurred, or "personal Insured. injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the E. WHO 15 AN INSURED — NEWLY ACQUIRED i OR FORMED ORGANIZATIONS policy period, that you no longer maintain an i ownership interest of more than 50%In such sub- The following replaces Paragraph 4. of SEC TION srdlary. II—WHO 15 AN INSURED; i r E CG D3 16 11 11 02011 Thr Tr 1Yo(rS Indemnity Company.NI tights tf ServCtl, Page 3 of 6 l i i t 1 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED —OWNERS, H. BLANKET ADDITIONAL INSURED—LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION €I —WHO I5 AN INSURED: The following is added to SECTION Ii—WHO 15 Any person or that a pre. INSURED: owner, manager or lessor and that you have Any person or organization that is an. equipment have agreed In a written contract or agreement to in- lessor and that you have agreed In a written con- clude as an additional insured on this Coverage tract or agreement to include as an insured on Part is an insured, but only with respect to liability this Coverage Pact is an insured, but only with re- for "bodily injury', "property damage", "personal spect to liability for"bodily injury*, "property dam- €njury".or"advertising injury"that: age" "personal injury"or"advertising injury"that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that Occurs, or is "personal injury" or "advertising occurs, or is "personal injury" Or "advertising injury" caused by an offense that is commit- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted,.subsequent to the execution of that con- tract or agreement;and tractor agreement;and b. Arises out of the ownership, maintenance or b• Is caused, In whole or in part, by your acts or use of that. part Of any premises leased to omissions in the maintenance, operation or you. use of equipment leased to you by such The insurance provided to such premises owner, equipment lessor, manager or lessor Is subject to the !allowing pro- The insurance provided to such equipment lessor visions: is subject to the following provisions:. a. The limits of insurance provided to such. a, The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits the minimum limits which you agreed to pro- which you agreed to prov€de in the written vine In the written contract or agreement, or contract or agreement, Or the limits shown on the limits shown on the Declarations, which- the Declarations,whichever are less. ever are less. b. The insurance provided to such equipment lessor does not apply to any"bodily Injury"or b. The Insurance provided to such premises owner, manager or lessor does not apply to: property damage" that occurs, or "personal (i) Any 'bodily.injury" Injury"or"advertising injury" caused by an of- (11) or "property damage" fense that is committed, after the equipment that occurs,or"personal injury"or"adver- lease expires. tising injury" caused by;an offense that is c. The insurance provided to such .equipment committed, after you cease to be-a tenant in that premises; or lessor Is excess over any valid and collectible other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess,. contingent demolition operations performed by or on or an any unless other basis, behalf of such premises owner, lessor or you have agreed in the written contr act or agreement manager. that this Insurance must be :primary to, or c. The insurance provided to such premises non-contributory with, such other Insurance, Owner, manager or lessor is excess over any in which case this 'Insurance will be primary valid and collectible Other insurance available to. and non-contributory with, such other in- to such premises owner, manager or lessor, suranc.e. whether primary, excess, contingent or on I. BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS—PERMITS. the written contract or agreement that this in- surance must be primary to, or non- The following is added to SECTION if—WNO iS contributory with, such other insurance, In AN INSURED: which case this Insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by Once' you or on your behalf and that you are required € E Page 4 of 6 02011 The TraMerslndematy Company.Ali rights reserved. CG D3 16 11 11 f 3 I k 1 COMMERCIAL GENERAL LIABILITY by any ordinance, law or.building code to Include (11) A manager of any limited liability as an additional Insured on this Coverage Part is company;or an insured, but only with respect to liability for "bodily injury", "property damage", "personal in- (iIlj a n executive officerny ether organization; n; director of jury" or"advertising Injury" arising out of such op- erations. that is your partner, joint venture The insurance provided to such state or political member or manager;or subdivision does not apply to: (b) Any "employee" authorized by such partnership, joint venture, limited Ii- a. Any bodily injury," "property damage," "per- ability company or other organization sonal injury" or"advertising injury"arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. Iitical subdivision;or (3) Notice to us of such "occurrence"or of an b. Any "bodily Injury" or "property damage" in- offense will be deemed to be n as cluded in the "products-completed operations soon as practicable if It is given god hazard'. g 9 faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation Insurer. This applies RENCE OR OFFENSE only If you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "Occurrence"or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV -" COMMERCIAL GEN- scribed In Paragraphs e. (1) or(2) above ERAL LIABILITY CONDITIONS: discovers that the"occurrence"or offense e. The following provisions apply to Paragraph may result in sums to which the insurance a. above, but only for the purposes of the in- provided under this Coverage Part may surance provided under this Coverage Part to apply` you or any insured listed in Paragraph 1.or 2. However, if this Coverage Part includes an en- of Section II—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution fen(1) Notice to us of such "occurrence~ or of- casts arising out of a discharge, release or es- ble o must be given as soon as offense Cape of"pollutants"which contains a requirement is only after the "occurrence"n offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific an any of your partners or members who is number of days after its abrupt commencement, joint (if you area partnership or this Paragraph e. does not affect that require- Is venture), any of your managers who q Is an individual fit you are a limited liability ment. company), any of your "executive ofh- K. UNINTENTIONAL OMISSION cers"or directors (if you are an organiza- The following is added to Paragraph 6,, Repre- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "em- GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "Occurrence"or offense, error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing.this policy will not preju- limited liability company,and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does.not affect our right to collect g agars are individuals, notice to us of such additional premium or to exercise our rights of "occurrence"or offense must be given as cancellation or nonrenewai In accordance with t soon as practicable only after the"occur applicable Insurance laws or regulations. rence"or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8., Transfer j (I) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; Of SECTION IV -- COMMERCIAL GENERAL LI- ABILITY CONDITIONS: E CG D3 16 11 11 il�37011 The Travt:ters lndemnity Company_NC nphis re wrved, Page 5 of 6 t i I COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental Injury, shock, fright,disability, against any person or organization, we waive our humillation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tlon, but only for payments we make because of. of these at any time, a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs;or 1. the following replaces Paragraph c, of the b. "Personal' Injury" or "advertising injury" definition of"Insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement, 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- The following replaces the definition of "bodily leted, Injury"in the DEFINITIONS Section: l s' 3 4 3 3 3 Page 6'of 6 02011 The Travelers Indemnity Company.,Ali rights reserved. CC D3 16 11 11 I 1 f I i COMMERCIAL GENERAL LIABILITY POLICY DUMBER: CO5G29737A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN GENERAL AGGREGATE A WRITTEN CONTRACT WHICH IS IN EFFECT DURING LIMIT SHOWN ON THIS POLICY PERIOD, TO PROVIDE A SEPARATE DECLARATIONS. GENERAL AGGREGATE LIMIT; PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGEn OCCURS.. A. For all sums which the insured becomes legally 3. Any payments made under COVERAGE A. obligated to pay as damages caused by "occur- for damages or under COVERAGE C. for rences" under COVERAGE A. (SECTION 1), and medical expenses shall reduce the Desig- for all medical expenses caused by accidents un- nated Project General Aggregate Limit for der COVERAGE C (SECTION 1), which can be that designated "project". Such payments attributed only to Operations at a single desig- shall not reduce. the General Aggregate Limit nated"project"shown in the Schedule.above: shown in the Declarations nor shall they re- 1. A separate Designated Project General Ag- duce any other Designated Project General gregate Limit applies to each designated"pro- Aggregate Limit for any other designated ject", and that limit is equal. to the amount of "project"shown in the Schedule above, i the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations, unless separate Designated Occurrence, Damage To Premises Rented s Project General Aggregate(s) are sched- To You and Medical Expense continue to uled above, apply. However, instead of being subject to E 2. The Designated Project General Aggregate the General Aggregate Limit shown in the Limit is the most we will pay for the sum of all Declarations, such limits will be subject to the damages under COVERAGE A., except applicable Designated Project General Ag- damages because of "bodily injury" or "prop- gregate Limit, erty damage" included in the "products- B. For all sums which the insured becomes legally completed operations hazard", and for medi- obligated to pay as damages caused by "occur- cal expenses under COVERAGE C, regard- rences" under COVERAGE A. (SECTION 1), and ' less of the number of: for all medical expenses caused by accidents un- a. Insureds; der COVERAGE C. (SECTION 1), which cannot 1 b. Claims made or"suits" brought;or be attributed only to operations at a single desig nated "project'shown in the Schedule above: 1 c. Persons or organizations making claims 1 or bringing "suits", i CG D2 11 01 04 Copyright, The Travelers Indemnity Company, 2004 Page.1 of 2 E i i F COMMERCIAL GENERAL LIABILITY 1_ Any payments made under COVERAGE A. Vided, any payments for damages because of for damages or under COVERAGE C. for "bodily injury" or "properly damage" included in medical expenses shall reduce the. amount. the "products-completed operations hazard" will available under the General Aggregate Limit reduce the Products-Completed Operations Ag- or the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gregate Limit,whichever is applicable', and gate Limit nor the Designated Project General 2. Such payments shall not reduce any Desig- Aggregate Limit. hated Project General Aggregate Limit. E. For the purposes.of this endorsement the Defini- C. Part.2,of SECTION III—LIMITS OF INSURANCE tions Section is amended by the addition of the is deleted and replaced by the following; following definition, 2. The General Aggregate Limit is the most we "Project" means an area away from premises Will pay for the sum of: owned by or rented to you at which you are per- forming operations pursuant to a contract or a. Damages under Coverage B; and agreement. For the purposes of determining the b. Damages from "occurrences" under applicable aggregate limit of insurance, each COVERAGE A (SECTION 1) and for all `'project" that includes premises involving the medical expenses. caused by accidents same or connecting lots, or premises whose Con- under COVERAGE C (SECTION 1)which nection is interrupted only by a street, roadway, cannot be attributed only to operations at waterway or right-of-way of a railroad shall be a single designated"project"shown in the considered a single"project". SCHEDULE above. F. The provisions of 'SECTION III — LIMITS OF D. When coverage for liability arising out of the INSURANCE not otherwise modified by this en- "products-completed operations hazard" is pro- dorsement shall continue to apply as stipulated, i l i I l t $g3 4 Page 2 of 2 Copyright,The Travelers Indemnity Company, 2004 CG D2 1101 04 f i I d i i POLICY NUMBER:COSG29737A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM CONTINUED ON IL TS 03 ADDRESS: THE ADDRESS FOR THAT PERSON OR CONTINUED ON IL TB 03 GRAPEVINE TX 76051 i 3 i t I i PROVISIONS: If we cancel this policy for any statutorily permitted above.We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days F number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation, the person or organization shown in the schedule IL T4 05 03 11 d 2011 The Travelers indemnify Company.All rights reserved. Page 1 of 1 9 f i .BAOL932023 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage.However,coverage for any injury, damage or medical expenses described :in any of the provisions of this endorsement may be excluded or limited by another.endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE —LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT C. EMPLOYEE HIRED AUTO 1. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT .D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE. OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1..Who Is person or organization qualifies as an 'insured" An Insured, of SECTION 11—COVERED AUTOS under the Who is An Insured provision contained LIABILITY COVERAGE: in Section 11. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1;, 50% or more ownership interest and that is not Who is An Insured, of SECTION li — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision Is.afforded only un- An "employee" of yours Is an "insured" while til the 180th day after you acquire or form the or-. operating an "auto" hired or rented under a ganization or the end of the.policy period, which- contract or agreement In .an "employee`s' ever is earlier. name, with your permission, while performing duties related to the conduct of .your bust- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c, in A.1., 2. The following replaces Paragraph b. in 8,5,; Who is An Insured, of SECTION It— COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who Is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered"autos"you own: { executed by you before the 'bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow;and i during the policy period, to be named as an addi (2) Any covered auto" hired or rented by tional insured is an "Insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's' name, with your i CA T3 53 02 15 0 2015 The Tmeters Indemnity Company:All rights reserved. Page 1 of 4 i S tnciu.des copyrighted malena€of insurance Services Offiie,Inc.with its permission, y i i E E I COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought Outside the United States of ness. America, the territories and possessions However, any"auto"that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (1) You must arrange to defend the -in- D, EMPLOYEES AS INSURED sured"against, and investigate or set- The following Is added to Paragraph A.9.,Who is tle any such claim or "suit" and keep An Insured,of SECTION II—COVERED AUTOS us advised of all proceedings and ac- LIABIL.ITY COVERAGE: tions. Any"employee"of yours is an "insured"whife us (il) Neither you nor any other Involved ing a covered"auto"you don't own, hire or barrow "Insured" will make. any settlement in your business Or your personal affairs, without our consent. E, SUPPLEMENTARY PAYMENTS — INCREASED (III)We may, at our discretion, participate LIMITS in defending the "insured" against, or 11. The following replaces Paragraph A,2.a.(2), € he settlement of, any claim or suit". of SECTION I1—COVERED AUTOS LIABIL_ " ITY COVERAGE: (Iv)We will reimburse the "insured" for sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in pay as damages because of "bodily cluding bonds for related traffic law viola- injury"or"property damage"to which tions) required because of an "accident" this Insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of Insurance, or of SECTION It—COVERED AUTOS LIABIL• SECTION 11 — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the "insured" for "insured at our request, Including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your: investiga- cause of time off from work, tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- of the "Insured" against any such ERAGE—INDEMNITY BASIS "suit", but only up to and included The following replaces Subparagraph 5 in Para within the limit described in Para,p ( ) ' graph C., Limits Of Insurance, of .graph B.T., Polley Period, Coverage Territory, SECTION 11 — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI LIABILITY COVERAGE, and not In TIONS: addition to such limit. Our duty to (5) Anywhere in the world,.except any country or make such payments ends when we jurisdiction while any trade sanction, ern- have used up the applicable limit of bargo. or similar regulation imposed by the Insurance in payments for damages. United States of America applies to and pro- settlements or defense expenses. hlblts the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ared Autos Liability Coverage for any covered to the "insured"whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis, without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent (c) This insurance is not a substitute for re i or borrow from any of your "employees", quired or compulsory insurance in arty partners (if you are a partnership), members country outside the United States, its ter- (1f you area !! ritories and possessions, Puerto Rico and. i Hilted liability company) or Canada. members of their households. Page 2 of 44+2015 rtu:TravLjurs Indemnity Company.All rights reserved. CA T3 53 02 16 Indudas rnpyrighted material at In�uranC*Srivires c)frlu,Inv,with its permissim, 1 s 1 1 { s COMMERCIAL AUTO You agree to maintain all required or (2) In or on your covered"auto". compulsory insurance in any such coup- This coverage applies only in the event of a total ry up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with cOmPUlsory insurance requirements will No deductibles apply to this Personal Property not Invalidate the coverage afforded by coverage. this policy, but we wftf only be Iiable to the K. AIRSAGS same extent we would have been liable The following Is added to Paragraph 13.3., Exclu- had you compl€ad with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3,a, does not apply to "loss" to and or ted or authorized insurer outside the more airbags in a covered"auto"you own that in- United States of Amerlca, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth In Paragraphs A.f.b. and A.1.c., but ada. We assume no responsibillty for the only,, furnishing of certificates of Insurance, or a. If that"auto" is a covered "auto" for Compre- for compliance in any way with the laws herlsive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty,and The following is added to Paragraph D., Deducti- c. The airbags were not Intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: We will pay up to a maximum of$1,000 for any one"loss". No deductible for a covered "auto" will apply to L, NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A,2,a., of H. HIRED AUTO PHYSICAL DAMAGE—LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—iNCREAS1rD LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the accident or "loss" ap- graph A.4;b., Loss Of Use Expenses, of SEC- plies only when the "acc€dent' or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You(if you are an individual); for loss of use Is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one accident", (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE — TRANSPORTATION pany); EXPENSES--INCREASED LIMIT (d) An executive officer, director or Insurance The following replaces the first sentence in Para- manager(if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization);or 3 SECTION III — PHYSICAL DAMAGE. COVER AGE: (e) Any"employee"authorized by you to give no- i tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION l $1.500 for temporary transportation expense in- The followingreplaces Paragraph A;5., Transfer curred by you because of the total theft of a cov- ered "auto"of the private passenger type. Of Rights Of Recovery Against Others To Us, } of SECTION IV -- BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5, Transfer Of Rights Of Recovery Against age Extensions, of SECTION III -- PHYSICAL Others To Us DAMAGE COVERAGE; We waive any right of recovery we may have Personal Property against any person or organization to the ex- We will pay up to $400 for "loss" to wearing ap- tent required of you by a. written contract signed and executed prior to any "accident" f panel and other personal property which Is; or"loss", provided that the"acc€dent"or"loss" (1.) Owned by an "insured";and arises out of operations contemplated by I 3 GA T3 53 02 15 0 2015 The Traveler.;indemnity company,Ali rights reserved. Page 3 of 4 Includes copyrighted material of insuranuv Service Office.Inc.wish its perrnission. s l 3 i i COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given b contract. y you shall not N, UNINTENTIONAL ERRORS OR OMISSIONS prejudice your ts under this insurance. How- ever this provision does not affect our right to col- The following is added to Paragraph 13.2„ Eon- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS, Page 4 of 4 0 2015 The Travelers andem6ty company./tit rights reserved. CA T3 53 02 15 Includes copyrighted MaWri,al of insuncncu servir,08 othce,Inc.with Its permission. f 1 3 BAOL932O23 COMMERCIAL.AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1,c., Who Insurance of SECTION IV — BUSINESS AUTO Is .An Insured, of SECTION li — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and Any person or organization who is required under paragraph d, of this part 5, Other Insurance, this a written contract or agreement between.you and insurance is primary to and non-contributory with that person or organization, that is signed and applicable other Insurance under which an addl- executed by you before the "bodily injury" or tional insured person or organization is the first 'property damage" occurs and that is in effect named insured when the written contract or during the policy period,to be named as an addl- agreement between you and that person or or- tionai insured is an "insured" for Covered Autos ganization, that is signed and executed by you Liability Coverage, but only for damages to which before the "bodily Injury" or "property damage" this Insurance applies and Only to the extent that person or organization qualifies as an "insured" occurs and that is in effect during.the policy pe- under the Who Is An Insured provision contained riod, requires this insurance to be primary and In SECTION tl. non-contributory. i 7 g 1 l t i j� i k i gig CA T4 74 02 15 C 20151rhe Travelers Indemnity Company:All rights reserved, Page 'I of 1 i includes copyrighted malerial of insuranoe Swyices office,Inc.vMh its permission. 3 i Ei i F POLICY NUMBER: BADL932023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCH.EpULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION:Any person or organazafon to whom you have agreed}n a written canlrad that nor"of cancellaton of ihsa policy"be givann,dui only it 1.You send us a wr&an request to prawde such notice;lndudlnrj the name and address cf such person of organrzWon,after the first named Insured redeves notloo from us of the cancellation of this policy;and Z wa receive euch wrftn request at least 14 days before the beginning or she appfcaoa number or days shown in this Schedule. ADDRESS:The address for that person or organization included in such written request from you to us. PROVISIONS: It we cancel this policy for arty statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mall i wtice of carioellation to Me errective date of cancellation. the person or organization shown In the schedule i i i f I i 1 i E3 E Et IL TA 05 03 11 5 2011 The'travelers Indemnity Company.All rights reserved. page 1 of 1 i t` Y TOVIUr I r exasmutuar WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER.FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A,of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiverapplies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. { ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the.Named Insured has agreed by written contract to furnish this waiver. 2. Operations-. All Texas operations 3, premium: The premium charge for this endorsement shall be:2,00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Included, see Information Page 3 i This endorsement changes the policy to which it.is attached effective on the inception date of the policy unless a different date is indicated below. (The following"'attaching clause"need be completed only When this endorsement is Issued subsequent to preparation of the.policy.) This endorsement,effective on 11129118 at 12:01 a.m:standard time,forms a part of: Policy no.0002006571 of Texas Mutual Insurance Company effective on 11/29/18 i Issued.to: WRIGHT CONSTRUCTION COMPANY INC n 3 ���� ✓1r"'� I i This is not a bill Authorized representative IVCCI Carrier Code: 29939 11/21118 3 AO Box 72058,.Austin,TX 78711-2058 1 oft texasmutuai.com l(800)859-59951 Fax(800)359-0650 WC 42 03 04 B I 1 i Texasmutuar WORKERS'COMPENSATION INSURANCE WORKERS'COMPENSATION.AND. WC, 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A.of the Information Page. In the event of cancellation or other material change of the policy,We will mail advance notice to the person or organization reamed in the Schedule.The number of days advance notice is shown in the Schedule, This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE i i E i This.endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is Issued subsequent.to preparation of the policy.) This endorsement,effective on 11/29/18 at 12:01 a.m,standard time,forms a part of: Policy no.0002006571 of Texas Mutual Insurance Company effective an 11/20/18 F Issued to: WRIGHT CONSTRUCTION COMPANY INC I j This is not a bill l Authorized representative NCCI Carrier Code; 29939 l 1irzi/ta PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 I Fax(800)359-0650 WC 42 06 01 I COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT-CO-5G29737A-PHX-18 ISSUE DATE:11-21-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF DESIGNATED ADDITIONAL INSURED Designated Additional Insured: ANY PERSON. OR ORGANIZATION THAT QUALIFIES AS AN ADDITIONAL INSURED UNDER SUCH OTHER ENDORSEMENT TO THIS COVERAGE PART, IF YOU AGREE IN A WRITTEN CONTRACT TO INCLUDE :SUCH PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED ON THIS COVERAGE PART AND SUCH WRITTEN CONTRACT: A. SPECIFICALLY REQUIRES THAT THIS INSURANCE: APPLY ON A PRIMARY BASIS OR :A PRIMARY AND NON-CONTRIBUTORY BASIS; AND B. WAS SIGNED AND EXECUTED BY YOU BEFORE, AND IS IN EFFECT WHEN, THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS OR THE "PERSONAL INJURY" OR "ADVERTISING INJURY" OFFENSE IS COMMITTED. I 7 i 3 1 E j€E Y 3 3 t €(El t (t (y3 3 PROVISIONS l E The insurance provided by another endorsement to this Coverage Part to the designated additional insured shown in the.Schedule Of Designated Additional Insured is primary to other insurance available to that person or organization under which that person or organization qualifies as a named insured, and we will not share with that other insurance.. However, the insurance provided to such designated additional insured by that CG D3 70 08 13 0 2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 I I E i E E COMMERCIAL GENERAL_ LIABILITY other endorsement is excess over any valid and collectible other insurance, whether primary, excess, contin- gent or on any other basis, that is available to that person or organization which covers that person or organi- zation as an additional insured or as any other insured that does not qualify as a named insured. f 3 E t (f� 3 fl 6 i F 4 Page 2 of 2 C3 2013 The Travelers Indemnity Company.All rights reserved, CG D3 70 08 13 3 0 I i A CERTIFICATE OF LIABILITY INSURANCE (MM/DDIYY 9YY) 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 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 CONTACT NAME: Certificates Administrator Box Insurance Agency FAX PHONE 1200 S. Main Street, Ste. 1600 ,vc No Ext: 817-865-1806 A/c No:817-424-1404 E-MGrapevine TX 76051 ADDRESS: Certificates@boxinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Travelers Indemnity of America 25658 INSURED WRIG-Cl INSURERB:Travelers Indemnity Company 25658 Wright Construction Co., Inc. 601 W. Wall St. INsuRERc:Texas Mutual Insurance Company 22945 Grapevine TX 76051 INSURERD: Phoenix Insurance Co. 25623 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:808621170 REVISION NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD D GENERAL LIABILITY Y Y C05G29737A 11/29/2018 11/29/2019 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE ( RENTED -PREMISES Ea occurrence) $300,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $5,000 X XCU PERSONAL&ADV INJURY $1,000,000 X EIFS Excluded GENERAL AGGREGATE $2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X jE LOC PD Deductible/Occ $5,000 A AUTOMOBILE LIABILITY Y Y BAOL932023 11/29/2018 11/29/2019 COMBINED SINGLE LIMIT Ea accident $1 000 000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident B UMBRELLA LIAB X OCCUR Y Y CUP8M882005 11/29/2018 11/29/2019 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DED RETENTION$ FOLLOW FORM $FOLLOW FORM C WORKERS COMPENSATION Y TSF0002006571 11/29/2018 11/29/2019 XWCSTATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project#Speedway Industrial Park Phase I& II CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Scannell Properties 5959 Sherry Lane#1550 AUTHORIZED REPRESENTATIVE Dallas TX 75225 @ 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD C05G29737A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY- BLANKET ADDITIONAL INSURED - AUTOMATIC STATUS IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION It —WHO IS (a) The Additional Insured — Owners, AN INSURED: Lessees or Contractors — Scheduled Any person or organization that: Person or Organization endorsement CG 20 10 07 04 or CG 20 10 04 13, a. You agree in a "written contract requiring in- the Additional Insured — Owners, surance" to include as an additional insured Lessees or Contractors — Completed on this Coverage Part; and Operations endorsement CG 20 37 b, Has not been added as an additional insured 07 04 or CG 20 37 04 13, or both of for the same project by attachment of an en- such endorsements with either of darsement under this Coverage Part which those edition dates; or includes such person or organization in the (b) Either or both of the following: the endorsement's schedule; Additional Insured — Owners, Les- s an insured, but: sees or Contractors — Scheduled a. Only with respect to liability for "bodily injury", Person Or Organization endorsement "property damage" or"personal injury"; and CG 20 10, or the Additional Insured — Owners, Lessees or Contractors — b. Only as described in Paragraph (1), (2) or (3) Completed Operations endorsement below, whichever applies: CG 20 37, without an edition date of (1) If the "written contract requiring insur- such endorsement specified; ance" specifically requires you to provide the person or organization is an additional additional insured coverage to that per- insured only if the injury or damage is son or organization by the use of: caused, in whole or in part, by acts or (a) The Additional Insured — Owners, omissions of you or your subcontractor in Lessees or Contractors — (Form B) the performance of "your work" to which endorsement CG 20 10 11 85; or the "written contract requiring insurance" (b) Either or both of the following: the applies;or Additional Insured — Owners, Les- (3) If neither Paragraph (1) nor(2) above ap- sees or Contractors Scheduled plies: Person Or Organization endorsement (a) The person or organization is an ad- CG 20 10 10 01, or the Additional In- ditional insured only if, and to the ex- sured —Owners, Lessees or Contrac- tent that, the injury or damage is tors — Completed Operations en- caused by acts or omissions of you or dorsement CG 20 37 10 01; your subcontractor in the perform- the person or organization is an additional ance of"your work"to which the "writ- Insured only if the injury or damage arises ten contract requiring insurance" sp- out of "your work" to which the "written plies; and contract requiring insurance" applies; (b) The person or organization does not (2) If the "written contract requiring insur- qualify as an additional insured with ance" specifically requires you to provide respect to the independent acts or additional insured coverage to that per- omissions of such person or organi- son or organization by the use of: zation. CG D6 04 08 13 (�l 20111 The Travelers indemnity Company.All rights reserved. Page 1 of 3 COMMERCIAL GENERAL LIABILITY 2. The insurance provided to the additional insured and collectible other insurance, whether primary, by this endorsement is limited as follows: excess, contingent or on any other basis, that is a. If the Limits of Insurance of this Coverage available to the additional insured when that per- Part shown in the Declarations exceed the son or organization is an additional insured, or is minimum limits of liability required by the any other insured that does not qualify as a "written contract requiring insurance", the in- named insured, under such other insurance. surance provided to the additional insured will 4. As a condition of coverage provided to the addi- be limited to such minimum required limits of tional insured by this endorsement: liability. For the purposes of determining a. The additional insured must give us written whether this limitation applies, the minimum notice as soon as practicable of an "occur- limits of liability required by the "written con- rence" or an offense which may result in a tract requiring insurance" will be considered claim. To the extent possible, such notice to include the minimum limits of liability of any should include: Umbrella or Excess liability coverage required for the additional 'insured by that"written con- (1) How, when and where the "occurrence" tract requiring insurance". This endorsement or offense took place; will not increase the limits of insurance de- (2) The names and addresses of any injured scribed in Section III—Limits Of Insurance. persons and witnesses; and b. The insurance provided to the additional in- (3) The nature and location of any injury or sured does not apply to "bodily injury", "prop- damage arising out of the "occurrence" or erty damage" or "persona{ injury" arising out offense. of the rendering of, or failure to render, any b. If a claim is made or "suit" is brought against professional architectural, engineering or sur- the additional insured, the additional insured veying services, including: must: (1) The preparing, approving, or failing to 11) Immediately record the specifics of the prepare or approve, maps, shop draw- claim or"suit" and the date received; and ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, (2) Notify us as soon as practicable. approving, or failing to prepare or ap- The additional insured must see to it that we prove, drawings and specifications; and receive written notice of the claim or "suit" as (2) Supervisory, inspection, architectural or soon as practicable. engineering activities. c. The additional insured must immediately send c. The insurance provided to the additional in- us copies of all legal papers received in con- sured does not apply to "bodily injury" or nection with the claim or "suit", cooperate with "property damage" caused by"your work"and us in the investigation or settlement of the included in the "products-completed opera- claim or defense against the "suit", and oth- tions hazard" unless the "written contract re- erMse comply with all policy conditions. quiring insurance" specifically requires you to d. The additionai insured must tender the de- provide such coverage for that additional in- fense and indemnity of any claim or "suit" to sured during the policy period. any provider of other insurance which would 3. The insurance provided to the additional insured cover the additional! insured for a loss we by this endorsement is excess over any valid and cover under this endorsement. However, this collectible other insurance, whether primary, ex- condition does not affect whether the insur- cess, contingent or on any other basis, that is ance provided to the additional insured by this available to the additional insured.However, if the endorsement is primary to other insurance "written contract requiring insurance' specifically available to the additional insured which cov- requires that this insurance apply on a primary ers that person or organization as a named basis or a primary and non-contributory basis, this Ensured as described in Paragraph 3. above. insurance is primary to other insurance available 5. The following is added to the DEFINITIONS Sec- to the additionaj insured under which that person or organization qualifies as a named insured, and lion: we will not share with that other insurance, But -Written contract requiring insurance" means that the insurance provided to the additional insured part of any written contract or agreement under by this endorsement still is excess over any valid which you are required to include a person or or- Page 2 of 3 n- 2013The Travelers Indemnity Company.All rights reserved. CG D6 04 08 13 COMMERCIAL GENERAL LIABILITY ganization as an additional insured on this Cover- a. After the signing and execution of the contract age Part, provided that the "bodily injury" and or agreement by you; and "property damage" occurs, and the "personal in- b. While that part of the contract or agreement is jury' is caused by an offense committed, during in effect. the policy period and: CG D6 04 08 13 �2013 The Travelers Indemnity Company All nghls reserved. Page 3 of 3 C05G24737A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to this Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing Is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. Aircraft Chartered With Pilot H. Blanket Additional insured — Lessors Of Leased B. Damage To Premises Rented To You Equipment C. Increased Supplementary Payments I. Blanket Additional Insured — States Or Political Subdivisions—Permits D. Incidental Medical Malpractice J. Knowledge And Notice Of Occurrence Or Offense E. Who Is An Insured -- Newly Acquired Or Formed K. Unintentional Omission Organizations F. Who Is An Insured — Broadened Named Insured L. Blanket Waiver Of Subrogation —Unnamed Subsidiaries M. Amended Bodily Injury Definition G. Blanket Additional Insured — Owners, Managers N. Contractual Liability—Railroads Or Lessors Of Premises PROVISIONS INJURY AND PROPERTY DAMAGE LI- A. AIRCRAFT CHARTERED WITH PILOT ABILITY: The following is added to Exclusion g., Aircraft, Exclusions c. and g, through n. do not apply Auto Or Watercraft, in Paragraph 2. of SECTION to "premises damage". Exclusion €.(1)(a) I — COVERAGES — COVERAGE A BODILY IN- does not apply to "premises damage" caused JURY AND PROPERTY DAMAGE LIABILITY: by. This exclusion does not apply to an aircraft that a. Fire; is: b. Explosion; (a) Chartered with a pilot to any insured; c. Lightning; (b) Not owned by any insured; and d. Smoke resulting from such fire, explosion, (c) Not being used to carry any person or prop- or lightning; or erty for a charge. e. Water; B. DAMAGE TO PREMISES RENTED TO YOU unless Exclusion €. of Section I —Coverage A 1. The first paragraph of the exceptions in Ex- — Bodily Injury And Property Damage Liability clusion J., Damage To Property, in Para- is replaced by another endorsement to this graph 2. of SECTION I — COVERAGES — Coverage Part that has Exclusion —All Pol(u- COVERAGE A BODILY INJURY AND tion Injury Or Damage or Total Pollution Ex- PROPERTY DAMAGE LIABILITY is deleted. clusion in its title, 2. The following replaces the last paragraph of A separate limit of insurance applies to Paragraph 2., Exclusions, of SECTION I — "premises damage' as described in Para- COVERAGES — COVERAGE A. BODILY graph 6, of SECTION III — LIMITS OF W- SURANCE. CG D3 16 11 11 P 2011 The TravrAprs Indemnity company.NI rights reserver!. Page 1 of 6 COMMERCIAL GENERAL LIABILITY 3. The following replaces Paragraph 6. of SEC- C. INCREASED SUPPLEMENTARY PAYMENTS TION III—LIMITS OF INSURANCE: 1. The following replaces Paragraph 1.b. of Subject to 5, above, the Damage To Prem- SUPPLEMENTARY PAYMENTS — COVER- ises Rented To You Limit is the most we will AGES A AND B of SECTION I — COVER- pay under Coverage A for damages because AGE: of "premises damage" to any one premises. b. Up to $2,500 for the cost of bail bonds The Damage To Premises Rented To You r Limit will apply to all "property damage" wired because of accidents or traffic law violations arising out of the use of any proximately caused by the same "occur- vehicle to which the Bodily Injury Liability rence", whether such damage results from: Coverage applies. We do not have to fur- fire; explosion; lightning; smoke resuiting from nish these bonds. such fire, explosion, or lightning; or water; or any combination of any of these causes. 2. The following replaces Paragraph 1.d. of SUPPLEMENTARY PAYMENTS — COVER- The Damage To Premises Rented To You AGES A AND B of SECTION I — COVER- Limit will be: AGES: a. The amount shown for the Damage To d. All reasonable expenses incurred by the Premises Rented To You Limit on the insured at our request to assist us in the Declarations of this Coverage Part; or investigation or defense of the claim or b. $300,000 if no amount is shown for the "suit", lncluding actual loss of earnings up Damage To Premises Rented To You to $500 a day because of time off from Limit on the Declarations of this Coverage work. Part. D. INCIDENTAL MEDICAL. MALPRACTICE 4, The following replaces Paragraph a. of the 1. The following is added to the definition of'oc- definition of "insured contract" in the DEFINI- currence" in the DEFINITIONS Section: TIONS Section: "Occurrence" also means an act or omission a. A contract for a lease of premises. How- committed in providing or failing to provide ever, that portion of the contract for a "incidental medical services", first aid or lease of premises that indemnifies any 'Good Samaritan services"to a person. person or organization for "premises 2, The following is added to Paragraph 2.a.(1)of damage" is not an "insured contract"; SECTION 4I—WHO !S AN INSURED: 5. The following is added to the DEFINITIONS Section: Paragraph (1)(d) above does not apply to "bodily injury" arising out of providing or fail- "Premises damage' means "property dam- ing to provide: age"to: (1) "Incidental medical services" by any of a. Any premises while rented to you or tem- your "employees" who is a nurse practi- porarily occupied by you with permission tioner, registered nurse, licensed practical of the owner; or nurse, nurse assistant, emergency medl- b. The contents of any premises while such cal technician or paramedic; or premises is rented to you, if you rent such premises for a period of seven or fewer (I I) First aid or"Good Samaritan services" by consecutive days. any of your "employees" or "volunteer workers", other than an employed or vol- 6. The following replaces Paragraph 4.b.(1)(b) unteer doctor. Any such "employees" or of SECTION IV — COMMERCIAL GENERAL "volunteer workers" providing or failing to LIABILITY CONDITIONS: provide first aid or "Good Samaritan ser- (b) That is insurance for "premises damage"; vices" during their work hours for you will or be deemed to be acting wlthin the scope 7. Paragraph 4.b.(1)(c) of SECTION IV — of their employment by you or performing COMMERCIAL GENERAL LIABILITY CON- duties related to the conduct of your busi- DITIONS is deleted. ness. Page 2 of 6 Cc�2011 The Travelers Indemnity Company.All rights reserved, CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY 3. The following Is added to Paragraph 5. of 4. Any organization you newly acquire or form. SECTION ill—LIMITS OF INSURANCE: other than a partnership, joint venture or fim- For the purposes of determining the applica- ited liability company, of which you are the ble Each Occurrence Limit, all related acts or sole owner or in which you maintain the ma- omissions committed in providing or failing to jority ownership interest, will quiaiify as a provide "incidental medical services", first aid Named Insured if there is no other insurance or "Good Samaritan services"to any one per- which provides similar coverage to that Or- son will be deemed to be one"occurrence"- ganization. However; 4, The following exclusion is added to Para- a. Coverage under this provision is afforded graph 2., Exclusions, of SECTION I — COV- only: ERAGES — COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (i) Until the 180th day after you acquire or Sale Of Pharmaceuticals form the organization or the end of the policy period, whichever Is earlier, if you "Bodily injury" or "property damage" arising do not report such organization in writing out of the willful violation of a penal statute or to us within 180 days after you acquire or ordinance relating to the sale of pharmaceuti- form It; or cals committed by, or with the knowledge or consent of, the insured. (2) Until the end of the policy period, when 5. The following is added to the DE FINITlONS that date is later than 160 days after you acquire or form such organization, if you Section: report such organization in writing to us "Incidental medical services" means: within 180 days after you acquire or form a. Medical, surgical, dental, laboratory, x-ray it, and we agree in writing that it will con- or nursing service or treatment, advice or tlnue to be a Named Insured until the end instruction, or the related furnishing of of the policy period; food or beverages; or b. Coverage A does not apply to "bodily injury" b. The furnishing or dispensing of drugs or or "property damage" that occurred before medical, dental, or surgical supplies or you acquired or formed the organization; and appliances. c. Coverage B does not apply to "personal in- "Good Samaritan services" means any emer- jury" or "advertising injury" arising out of an gency medical services for which no compen- offense committed before you acquired or sation is demanded or received. formed the organization. 6. The following is added to Paragraph 4.b., Ex- F. WHO IS AN INSURED — BROADENED NAMED cess insurance, of SECTION IV — COM- INSURED—UNNAMED SUBSIDIARIES MERCIAL GENERAL LIABILITY CONDI- TIONS: The following is added to SECTION II —WHO IS The insurance is excess over any valid and AN INSURED: collectible other insurance available to the ln- Any of your subsidiaries, other than a partnership, sured, whether primary, excess, contingent or joint venture or limited liability company, that is on any other basis, that is available to any of not shown as a Named insured in the Declara- your "employees" or "volunteer workers" for tions is a Named Insured If you maintain an own- "bodily injury" that arises out of providing or ership interest of more than 50% in such subsidi- failing to provide "incidental medical ser- ary on the first day of the policy period. vices", first aid or "Good Samaritan services" No such subsidiary is an insured for"bodily injury" to any person to the extent not subject to or "property damage" that occurred, or "personal Paragraph 2.a.(1) of Section II — Who Is An Insured. injury" or "advertising injury" caused by an of- fense committed after the date, if any, during the OR FORMED ORGANIZATIONS policy period, that you no longer maintain an ownership interest of more than 50% in such sub- The following replaces Paragraph 4. of SECTION sidiary. II—WHO IS AN INSURED: CG D3 16 11 11 �.2011 The Travelers Indemnity Company.AD rights reserved. Page 3 of 6 COMMERCIAL GENERAL LIABILITY G. BLANKET ADDITIONAL INSURED — OWNERS, H. BLANKET ADDITIONAL INSURED — LESSORS MANAGERS OR LESSORS OF PREMISES OF LEASED EQUIPMENT The following is added to SECTION II — WHO IS The following is added to SECTION it —WHO IS AN INSURED: AN INSURED: Any person or organization that is a premises Any person or organization that is an equipment owner, manager or lessor and that you have lessor and that you have agreed in a written con- agreed in a written contract or agreement to in- tract or agreement to include as an insured on clude as an additional insured on this Coverage this Coverage Part is an insured, but only with re- Part is an insured, but only with respect to liability sp y ect to liabilit for "bodil injury', ro dam- for "bodily injury", "property damage", "persona! y i ry" "p pert y injury" or"advertising injury"that: age", "personal injury"or"advertising injury" that: a. Is "bodily injury" or "property damage" that a. Is "bodily injury" or "property damage" that occurs, or is "personal injury" or "advertising .occurs, or is "personal injury" or "advertising injury" caused by an offense that is commit-- injury" caused by an offense that is commit- ted, subsequent to the execution of that con- ted, subsequent to the execution of that con- tract or agreement;and tract or agreement; and b. Arises out of the ownership, maintenance or b. Is caused, in whole or in part, by your acts or use of that part of any premises leased to omissions in the maintenance, operation or you. use of equipment leased to you by such equipment lessor. The insurance provided to such premises owner, to such equipment lessor ed ovid The insurance provided manager or lessor is subject to the following pro- T subject to the visions' ! ovided g provisions: a. The limits of insurance provided to such a. The limits of insurance provided to such premises owner, manager or lessor will be equipment lessor will be the minimum limits the minimum limits which you agreed to pro- which you agreed to provide in the written vide in the written contract or agreement, or contract or agreement, or the limits shown on the limits shown on the Declarations, which- the Declarations, whichever are less. ever are less. b. The insurance provided to such equipment b. The insurance provided to such premises lessor does not apply to any "bodily injury" or owner, manager or lessor does not apply to: "property damage" that occurs, or "persona! injury" or"advertising injury" caused by an of- (1) Any 'bodily injury" or "property damage" fense that is committed, after the equipment that occurs,or"personal injury"or"adver- lease expires, tising injury" caused by an offense that is c. The insurance provided to such equipment committed, after you cease to be a tenant lessor is excess over any valid and collectible in that premises; or other insurance available to such equipment (2) Structural alterations, new construction or lessor, whether primary, excess, contingent demolition operations performed by or on or on any other basis, unless you have behalf of such premises owner, lessor or agreed in the written contract or agreement manager, that this insurance must be primary to, or c. The insurance provided to such premises non-contributory with, such other insurance, owner, manager or lessor is excess over any in which case this insurance will be primary valid and collectible other insurance available to, and non-contributory with, such other in- to such premises owner, manager or lessor, surance. whether primary, excess, contingent or on 1, BLANKET ADDITIONAL INSURED — STATES any other basis, unless you have agreed in OR POLITICAL SUBDIVISIONS — PERMITS the written contract or agreement that this in- surance must be primary to, or non- The following is added to SECTION If — WHO IS contributory with, such other insurance, in AN INSURED: which case this insurance will be primary to, Any state or political subdivision that has issued a and non-contributory with, such other insur- permit in connection with operations performed by ance• you or on your behalf and that you are required Page 4 of 6 tc�21)11 The Travelers indemnify Company,All rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY by any ordinance, law or building code to include (il) A manager of any limited liability as an additional insured on this Coverage Part is company;or an insured, but only with respect to liability for (M)An executive officer or director of "bodily injury", "property damage", "personal in any other organization; jury" or"advertising injury" arising out of such op- erations. that is your partner, joint venture member or manager; or The insurance provided to such state or political {b} Any "employee" authorized by such subdivision does not apply to: partnership, joint venture, limited li- a. Any "bodily injury," "property damage," "per- ability company or other organization sonal injury" or "advertising injury" arising out to give notice of an "occurrence" or of operations performed for that state or po- offense. litical subdivision; or (3) Notice to us of such "occurrence"or of an b. Any "bodily injury" or "property damage" in- offense wilt be deemed to be given as cluded in the "products-completed operations soon as practicable rf it is given in good hazard". faith as soon as practicable to your work- J. KNOWLEDGE AND NOTICE OF OCCUR- ers' compensation insurer. This applies RENCE OR OFFENSE only if you subsequently give notice to us The following is added to Paragraph 2., Duties In of the "occurrence"or offense as soon as The Event of Occurrence, Offense, Claim or practicable after any of the persons de- Suit, of SECTION IV — COMMERCIAL GEN- scribed in Paragraphs e, (1) or (2) above ERAL LIABILITY CONDITIONS: discovers thatthe "occurrence"or offense e. The following provisions apply to Paragraph may result in sums to which the insuranceprovided under this Coverage Part may a. above, but only for the purposes of the in- apply surance provided under this Coverage Part to you or any insured listed in Paragraph 1. or 2. However, if this Coverage Part Includes an en- of Section 11—Who Is An Insured: dorsement that provides limited coverage for "bodily injury" or "property damage" or pollution (1) Notice to us of such "occurrence" or of- costs arising out of a discharge, release or es- fense must be given as soon as practica- cape of"pollutants" which contains a requirement ble only after the "occurrence" or offense that the discharge, release or escape of "pollut- is known by you (if you are an individual), ants" must be reported to us within a specific any of your partners or members who is number of days after its abrupt commencement, an individual (if you are a partnership or this Paragraph e. does not affect that require- joint venture), any of your managers who ment. is an individual (if you are a limited liability K. UNINTENTIONAL OMISSION company), any of your "executive offi- cers" or directors (if you are an organiza- The following is added to Paragraph 6., Repre- tion other than a partnership,joint venture sentations, of SECTION IV — COMMERCIAL or limited liability company) or any "am_ GENERAL LIABILITY CONDITIONS: ployee" authorized by you to give notice The unintentional omission of, or unintentional of an "occurrence"or offense. error in, any information provided by you which (2) If you are a partnership, joint venture or we relied upon in issuing this policy will not preju- limited liability company, and none of your dice your rights under this insurance. However, partners, joint venture members or man- this provision does not affect our right to collect agers are individuals, notice to us of such additional premium or to exercise our rights of "occurrence" or offense must be given as cancellation or nonrenewal in accordance with soon as practicable only after the "occur- applicable insurance laws or regulations. rence" or offense is known by: L. BLANKET WAIVER OF SUBROGATION (a) Any individual who is: The following is added to Paragraph 8.. Transfer (1) A partner or member of any part- Of Rights Of Recovery Against Others To Us, nership or joint venture; of SECTION IV — COMMERCIAL GENERAL LI- ABILITY CONDITIONS: CG D3 16 11 11 (D2011 The Travelers Indemnity Company.All rights reserved. Page 5 of 6 COMMERCIAL GENERAL LIABILITY If the insured has agreed in a contract or agree- 3. "Bodily injury" means bodily injury, mental ment to waive that insured's right of recovery anguish, mental injury, shock, fright, disability, against any person or organization, we waive our humiliation, sickness or disease sustained by right of recovery against such person or organiza- a person, including death resulting from any tion, but only for payments we make because of: of these at any time. a. "Bodily injury" or "property damage" that oc- N. CONTRACTUAL LIABILITY—RAILROADS curs; or 1. The following replaces Paragraph c. of the b. "Personal injury" or "advertising injury" definition of "insured contract" in the DEFINI- caused by an offense that is committed; TIONS Section: subsequent to the execution of that contract or c. Any easement or license agreement; agreement. 2. Paragraph f.(1) of the definition of "insured M. AMENDED BODILY INJURY DEFINITION contract" in the DEFINITIONS Section is de- The following replaces the definition of "bodily leted. injury" in the DEFINITIONS Section: Page 6 of 6 Q 2011 The Travelers Indemnity Company.N1 rights reserved. CG D3 16 11 11 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: C05G29737A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project Designated Project(s): General Aggregate(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN GENERAL AGGREGATE A WRITTEN CONTRACT WHICH IS IN EFFECT DURING LIMIT SHOWN ON THIS POLICY PERIOD, TO PROVIDE A SEPARATE DECLARATIONS. GENERAL AGGREGATE LIMIT; PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A. For all sums which the insured becomes legally 3. Any payments made under COVERAGE A. obligated to pay as damages caused by "occur- for damages or under COVERAGE C. for rences" under COVERAGE A. (SECTION 1), and medical expenses shall reduce the Desig- for all medical expenses caused by accidents un- nated Project General Aggregate Limit for der COVERAGE C (SECTION 1), which can be that designated "project". Such payments attributed only to operations at a single desig- shall not reduce the General Aggregate Limit nated "project"shown in the Schedule above: shown in the Declarations nor shall they re- 1. A separate Designated Project General Ag- duce any other Designated Project General gregate Limit applies to each designated "pro- Aggregate Limit for any other designated ject", and that limit is equal to the amount of "project"shown in the Schedule above. the General Aggregate Limit shown in the 4. The limits shown in the Declarations for Each Declarations, unless separate Designated Occurrence, Damage To Premises Rented Project General Aggregate(s) are sched- To You and Medical Expense continue to uled above. apply. However, instead of being subject to 2. The Designated Project General Aggregate the General Aggregate Limit shown in the Limit is the most we will pay for the sum of all Declarations, such limits will be subject to the damages under COVERAGE A., except applicable Designated Project General Ag- damages because of "bodily injury" or "prop- gregate Limit. erty damage" included in the "products- B. For all sums which the insured becomes legally completed operations hazard", and for medi- obligated to pay as damages caused by "occur- cal expenses under COVERAGE C, regard- rences" under COVERAGE A. (SECTION 1), and less of the number of: for all medical expenses caused by accidents un- a. Insureds; der COVERAGE C. (SECTION 1), which cannot be attributed only to operations at a single desig- nated "project"shown in the Schedule above: c. Persons or organizations making claims or bringing "suits". CG D2 11 01 04 Copyright,The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. vided, any payments for damages because of for damages or under COVERAGE C. for "bodily injury" or "property damage" included in medical expenses shall reduce the amount the "products-completed operations hazard" will available under the General Aggregate Limit reduce the Products-Completed Operations Ag- ar the Products-Completed Operations Ag- gregate Limit, and not reduce the General Aggre- gregate Limit, whichever is applicable; and gate Limit nor the Designated Project General 2. Such payments shall not reduce any Desig- Aggregate Limit. nated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini- C. Part 2. of SECTION III —LIMITS OF INSURANCE tions Section is amended by the addition of the is deleted and replaced by the following: following definition: 2. The General Aggregate Limit is the most we "Project" means an area away from premises will pay for the sum of: owned by or rented to you at which you are per- forming operations pursuant to a contract or a. Damages under Coverage B; and agreement. For the purposes of determining the b. Damages from 'occurrences" under applicable aggregate limit of insurance, each COVERAGE A (SECTION 1) and for all "project' that includes premises involving the medical expenses caused by accidents same or connecting lots, or premises whose con- under COVERAGE C (SECTION 1) which nection is interrupted only by a street, roadway, cannot be attributed only to operations at waterway or right-of-way of a railroad shall be a single designated "project" shown in the considered a single"project'. SCHEDULE above. F. The provisions of SECTION III — LIMITS OF D. When coverage for liability arising out of the INSURANCE not otherwise modified by this en- "products-completed operations hazard" is pro- dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG D2 11 01 04 POLICY NUMBER:C05G29737A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM CONTINUED ON IL T8 03 ADDRESS: THE ADDRESS FOR THAT PERSON OR CONTINUED ON IL T8 03 GRAPEVINE TX 76051 PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail notice of cancellation to the effective date of cancellation. the person or organization shown in the schedule IL T4 05 03 11 ©2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 BAOL932023 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage.However,coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages.Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE —LOSS OF B. BLANKET ADDITIONAL INSURED USE —INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE— INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE —GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1.,Who Is person or organization qualifies as an "insured" An Insured, of SECTION II—COVERED AUTOS under the Who Is An Insured provision contained LIABILITY COVERAGE: in Section Il. Any organization you newly acquire or form dur- C. EMPLOYEE HIRED AUTO ing the policy period over which you maintain 1. The following is added to Paragraph A.1., 50% or more ownership interest and that is not Who Is An Insured, of SECTION II — COV- separately insured for Business Auto Coverage. ERED AUTOS LIABILITY COVERAGE: Coverage under this provision Is afforded only un- An "employee" of yours is an "insured" while til the 180th day after you acquire or form the or- operating an "auto" hired or rented under a ganization or the end of the policy period, which- contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED ness. The following is added to Paragraph c. in A.1., 2. The following replaces Paragraph b. in B.5., Who Is An Insured, of SECTION II— COVERED Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: NESS AUTO CONDITIONS: Any person or organization who Is required under b. For Hired Auto Physical Damage Cover- a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos" you own: executed by you before the "bodily injury" or (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect rent or borrow;and during the policy period, to be named as an addi- (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ®2015 The Travelers Indemnity Company All rights reserved. Page 1 of 4 Includes copynghted matenal of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO permission, while performing duties (a) With respect to any claim made or "suit" related to the conduct of your busi- brought outside the United States of ness. America, the territories and possessions However, any"auto" that is leased, hired, of the United States of America. Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". (1) You must arrange to defend the "in- D. EMPLOYEES AS INSURED sured"against, and investigate or set- The following is added to Paragraph A.1., Who Is tie any such claim or "suit" and keep An Insured, of SECTION II—COVERED AUTOS us advised of all proceedings and ac- LIABILITY COVERAGE: tions. Any "employee"of yours fs an "insured"while us- (ll) Neither you nor any other involved ing a covered "auto" you don't own, hire or borrow "Insured" will make any settlement in your business or your personal affairs. without our consent. E. SUPPLEMENTARY PAYMENTS — INCREASED (111)We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II—COVERED AUTOS LIABIL- (iv) We will reimburse the "insured" for ITY COVERAGE: sums that the "insured" legally must (2) Up to $3,000 for cost of bail bonds (in- pay as damages because of "bodily chiding bonds for related traffic law viola- injury" or "property damage" to which tions) required because of an "accident" this insurance applies, that the "in- we cover. We do not have to furnish sured" pays with our consent, but these bonds. only up to the limit described in Para- 2. The following replaces Paragraph A.2.a.(4), graph C., Limits Of insurance, of of SECTION 11—COVERED AUTOS LIABIL- SECTION II — COVERED AUTOS ITY COVERAGE: LIABILITY COVERAGE. (4) All reasonable expenses incurred by the (v) We will reimburse the 'insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- with our consent for your investiga- cause of time off from work. tion of such claims and your defense F. HIRED AUTO — LIMITED WORLDWIDE COV- of the "insured" against any such ERAGE — INDEMNITY BASIS "suit', but only up to and included within the limit described in Para- The following replaces Subparagraph (5) in Para- graph C„ Limits Of Insurance, of graph 8.7., Policy Period, Coverage Territory, SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CCii LIABILITY COVERAGE, and not In TIONS: addition to such limit, Our duty to (5) Anywhere in the world, except any country or make such payments ends when we jurisdiction while any trade sanction, em- have used up the applicabie limit of bargo, or similar regulation imposed by the insurance in payments for damages, United States of America applies to and pro- settlements or defense expenses. hibits the transaction of business with or (b) This insurance is excess over any valid within such country or jurisdiction, for Cov- and collectible other insurance available ered Autos Liability Coverage for any covered to the "insured"whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent (c) This insurance is not a substitute for re- ar borrow from an of qulred or compulsory insurance in any y your "employees", country outside the United States, its ter- partners (if you are a partnership), members ritories and possessions, Puerto Rico and (if you are a limited liability company) or Canada. members of their households. Page 2 of 4 cq 2015 The Travelers Indemnill Company.All rights reserved. CA T3 53 02 15 includes copyrighted material of Insurance Services Clttir:e.Inc.with its Permission. COMMERCIAL AUTO] You agree to maintain all required or (2) in or on your covered "auto". compuSsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theft of your covered "auto". local law. Your failure to comply with No deductibles apply to this Personal Property compulsory insurance requirements will not invalidate the coverage afforded by coverage. this policy, but we will only be iiabie to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- sions, of SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in :Paragraphs A,f.b. and A.1,c., but ado. We assume no responsibility for the only: furnishing of certificates of insurance, or a. If that"auto" is a covered "auto" for Compre- for compliance in any way with the laws hensive Coverage under this policy; of other countries relating to insurance. b. The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1.000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE —INCREASED LIMIT Your duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph AA.b„ Loss Of Use Expenses, of SEC- plies only when the "accident" or "foss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b) A partner(if you are a partnership); $750 for any one "accident". (c) A member (if you are a limited liability com- I. PHYSICAL DAMAGE -- TRANSPORTATION pany): EXPENSES—INCREASED LIMIT (d) An executive officer, director or insurance The following replaces the first sentence in Para- manager (if you are a corporation or other or- graph AA.a., Transportation Expenses, of ganization);or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by you to give no- AGE: tice of the"accident" or"loss". We will pay up to $50 per day to a nnaximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- The following replaces Paragraph A,5., Transfer curred by you because of the total theft of a cov- Of Rights Of Recovery Against Others To Us, ered "auto" of the private passenger type. of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS: The following is added to Paragraph AA., Cover- 5. Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Personal Property against any person or organization to the ex- tent required of you by a written contract We will pay up to $440 for "loss" to wearing ap- signed and executed prior to any "accident" panel and other personal property which is: or"loss", provided that the"accident" or"loss" (1) Owned by an "insured"; and arises out of operations contemplated by CA T3 53 02 15 0 2015The Travelers Indemnity Company.All sights reservM. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the The unintentional omission of, or unintentional person or organization designated in such error in, any information given by you shall not contract, prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph 8.2., Con- lest additional premium or exercise our right of cealment, Mlsrepresentatlon, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: Page 4 of 4 O 2015 The Travelers Indemrdty Company,All rights reserved. CA T3 53 02 15 Includes copyrighted rnaieriai of Insutance Services Office.Inc.with its permissim, BAOL932023 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM PROVISIONS 2. The following is added to Paragraph B.5., Other 1. The following is added to Paragraph A.1.c., Who Insurance of SECTION IV — BUSINESS AUTO Is An Insured, of SECTION II — COVERED CONDITIONS: AUTOS LIABILITY COVERAGE: Regardless of the provisions of paragraph a. and Any person or organization who is required under paragraph d. of this part 5. Other Insurance, this a written contract or agreement between you and insurance is primary to and non-contributory with that person or organization, that is signed and applicable other insurance under which an addi- executed by you before the "bodily injury" or tional insured person or organization is the first "property damage" occurs and that is in effect named insured when the written contract or during the policy period,to be named as an addi- agreement between you and that person or or- tional insured is an "insured" for Covered Autos ganization, that is signed and executed by you Liability Coverage, but only for damages to which before the "bodily injury" or "property damage" this insurance applies and only to the extent that occurs and that is in effect during the policy pe- person or organization qualifies as an "insured" riod, requires this insurance to be primary and under the Who Is An Insured provision contained non-contributory. in SECTION II. CA T4 74 02 15 2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc.with its permission. POLICY NUMBER: BAoLS32023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY - NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: 30 PERSON OR ORGANIZATION:Any person or organazalion to whom you have agreed In a written contract that notice of cancellation of tine poky will be given,but only it. h.You sena us a wmten request to provide such notice,including the name and address of such person or organization,after the first named Insured recleves notice from us of the cancellation of this policy;and 2.We receive such written request at least 14 days before the beginning of the applicable number of days shown in this Schad uie. ADDRESS:The address for that person or organization included in such written request from you to us. PROVISIONS: If we cancel this policy for any statutorily permitted above. We will mail such notice to the address shown reason other than nonpayment of premium, and a in the schedule above at least the number of days number of days is shown for cancellation in the shown for cancellation in the schedule above before schedule above, we will mail riotioe or cancellation to the etrective elate of cancellation. the person or organization shown in the schedule IL T4 05 0311 2011 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right againstthe person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 11/29/18 at 12:01 a.m.standard time,forms a part of: Policy no.0002006571 of Texas Mutual Insurance Company effective on 11/29/18 Issued to: WRIGHT CONSTRUCTION COMPANY INC This is not a bill Authorized representative NCCI Carrier Code: 29939 11121/18 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutuaLcom 1 (800)859-59951 Fax(800)359-0650 WC 42 03 04 B T PV (9) ext,q, smutuai WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice. 30 2. Notice will be mailed to: PER LIST ON PILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 11/29/18 at 12:01 a.m.standard time,forms a part of: Policy no.0002006571 of Texas Mutual Insurance Company effective on 11/29/18 Issued to: WRIGHT CONSTRUCTION COMPANY INC This is not a bill Authorized representative NCCI Carrier Code: 29939 11121/18 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-59951 Fax(800)359-0650 WC 42 06 01 COMMERCIAL GENERAL LIABILITY POLICY NUMBER: DT-CO-5G29737A-PHX-18 ISSUE DATE: 11-21-18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OTHER INSURANCE - DESIGNATED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE OF DESIGNATED ADDITIONAL INSURED Designated Additional Insured: ANY PERSON OR ORGANIZATION THAT QUALIFIES AS AN ADDITIONAL INSURED UNDER SUCH OTHER ENDORSEMENT TO THIS COVERAGE PART, IF YOU AGREE IN A WRITTEN CONTRACT TO INCLUDE SUCH PERSON OR ORGANIZATION AS AN ADDITIONAL INSURED ON THIS COVERAGE PART AND SUCH WRITTEN CONTRACT: A. SPECIFICALLY REQUIRES THAT THIS INSURANCE APPLY ON A PRIMARY BASIS OR A PRIMARY AND NON-CONTRIBUTORY BASIS; AND B. WAS SIGNED AND EXECUTED BY YOU BEFORE, AND IS IN EFFECT WHEN, THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS OR THE "PERSONAL INJURY" OR "ADVERTISING INJURY" OFFENSE IS COMMITTED. PROVISIONS The insurance provided by another endorsement to this Coverage Part to the designated additional insured shown in the Schedule Of Designated Additional Insured is primary to other insurance available to that person or organization under which that person or organization qualifies as a named insured, and we will not share with that other insurance. However, the insurance provided to such designated additional insured by that CG D3 70 08 13 ©2013 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 COMMERCIAL GENERAL LIABILITY other endorsement is excess over any valid and collectible other insurance, whether primary, excess, contin- gent or on any other basis, that is available to that person or organization which covers that person or organi- zation as an additional insured or as any other insured that does not qualify as a named insured. Page 2 of 2 ©2013 The Travelers Indemnity Company.All rights reserved. CG D3 70 08 13 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 —Definitions and Terminology.......................................................................................................... 1 1.01 Defined Terms............................................................................................................................... 1 1.02 Terminology..................................................................................................................................5 Article2—Preliminary Matters.........................................................................................................................6 2.01 Before Starting Construction........................................................................................................6 2.02 Preconstruction Conference..........................................................................................................6 2.03 Public Meeting..............................................................................................................................6 Article 3 —Contract Documents and Amending...............................................................................................6 3.01 Reference Standards .....................................................................................................................6 3.02 Amending and Supplementing Contract Documents ..................................................................6 Article 4—Bonds and Insurance.......................................................................................................................7 4.01 Licensed Sureties and Insurers.....................................................................................................7 4.02 Performance, Payment, and Maintenance Bonds........................................................................7 4.03 Certificates of Insurance...............................................................................................................7 4.04 Contractor's Insurance..................................................................................................................9 4.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................12 Article 5—Contractor's Responsibilities........................................................................................................12 5.01 Supervision and Superintendent.................................................................................................12 5.02 Labor; Working Hours................................................................................................................13 5.03 Services,Materials, and Equipment...........................................................................................13 5.04 Project Schedule..........................................................................................................................14 5.05 Substitutes and"Or-Equals".......................................................................................................14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors).....................................16 5.07 Concerning Subcontractors, Suppliers, and Others...................................................................16 5.08 Wage Rates..................................................................................................................................18 5.09 Patent Fees and Royalties...........................................................................................................19 5.10 Laws and Regulations.................................................................................................................19 5.11 Use of Site and Other Areas.......................................................................................................19 5.12 Record Documents......................................................................................................................20 5.13 Safety and Protection..................................................................................................................21 5.14 Safety Representative .................................................................................................................21 5.15 Hazard Communication Programs.............................................................................................22 5.16 Submittals....................................................................................................................................22 5.17 Contractor's General Warranty and Guarantee..........................................................................23 CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 5.18 Indemnification...........................................................................................................................24 5.19 Delegation of Professional Design Services..............................................................................24 5.20 Right to Audit: :***................................................................................. 25 5.21 Nondiscrimination.......................................................................................................................25 Article 6-Other Work at the Site...................................................................................................................26 6.01 Related Work at Site...................................................................................................................26 Article 7-City's Responsibilities...................................................................................................................26 7.01 Inspections, Tests, and Approvals..............................................................................................26 7.02 Limitations on City's Responsibilities.......................................................................................26 7.03 Compliance with Safety Program...............................................................................................27 Article 8 -City's Observation Status During Construction...........................................................................27 8.01 City's Project Representative .....................................................................................................27 8.02 Authorized Variations in Work..................................................................................................27 8.03 Rejecting Defective Work..........................................................................................................27 8.04 Determinations for Work Performed..........................................................................................28 Article9-Changes in the Work.....................................................................................................................28 9.01 Authorized Changes in the Work...............................................................................................28 9.02 Notification to Surety..................................................................................................................28 Article 10-Change of Contract Price; Change of Contract Time................................................................28 10.01 Change of Contract Price............................................................................................................28 10.02 Change of Contract Time............................................................................................................28 10.03 Delays..........................................................................................................................................28 Article 11 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................29 11.01 Notice of Defects ........................................................................................................................29 11.02 Access to Work...........................................................................................................................29 11.03 Tests and Inspections..................................................................................................................29 11.04 Uncovering Work.......................................................................................................................30 11.05 City May Stop the Work.............................................................................................................30 11.06 Correction or Removal of Defective Work................................................................................30 11.07 Correction Period........................................................................................................................30 11.08 City May Correct Defective Work.............................................................................................31 Article12-Completion..................................................................................................................................32 12.01 Contractor's Warranty of Title...................................................................................................32 12.02 Partial Utilization........................................................................................................................32 12.03 Final Inspection...........................................................................................................................32 12.04 Final Acceptance.........................................................................................................................33 Article13 -Suspension of Work....................................................................................................................33 13.01 City May Suspend Work............................................................................................................33 Article14-Miscellaneous..............................................................................................................................34 14.01 Giving Notice..............................................................................................................................34 CITY OF FORT WORTH STANDARD CITY CONDITIONS-DEVELOPER AWARDED PROJECTS Revised:January 10,2013 14.02 Computation of Times................................................................................................................34 14.03 Cumulative Remedies.................................................................................................................34 14.04 Survival of Obligations...............................................................................................................35 14.05 Headings......................................................................................................................................35 CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized 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. Agreement- The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. 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. 3. 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. 4. Buzzsaw—City's on-line, electronic document management and collaboration system. 5. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. 6. 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 pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond IL Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form(If required by City) k. General Conditions 1. Supplementary Conditions M. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor The individual or entity with whom Developer has entered into the Agreement. 11. Day or day A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer An individual or entity that desires to make certain improvements within the City of Fort Worth 13. 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 Contractor. Submittals are not Drawings as so defined. 14. Engineer The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof,fully, entirely, and in conformance with the Contract Documents. 17. General Requirements A part of the Contract Documents between the Developer and a Contractor. 18. 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. 19. Liens Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans See definition of Drawings. 24. Project Schedule A schedule,prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project The Work to be performed under the Contract Documents. 26. Project Representative The authorized representative of the City who will be assigned to the Site. 27. Public Meeting An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site Lands or areas indicated in the Contract Documents as being furnished by City or Developer 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 or Developer which are designated for the use of Contractor. 32. 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 apart of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00)of each Project. 33. Standard City Conditions That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier A manufacturer,fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. 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. 40. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 41. Work The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.13 through D are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. C. Furnish, Install, Perform, Provide: 1. 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. D. 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. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 ARTICLE 2—PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3—CONTRACT DOCUMENTS AND AMENDING 3.01 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 opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 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 Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4—BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2)years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 1. The certificate of insurance shall document the City, an as "Additional Insured" on all liability policies. 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property& Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for 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. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 6. 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. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers'Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined 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 Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease -policy limit 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 of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3)years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide 'XI, "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 auto policy shall provide coverage on any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor's Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned,hired and non-owned. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident/ 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way,the Contractor shall comply with the following requirements: 1. The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: AtAne- Write the name of the railroad company. (If none,then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a "Right of Entry Agreement" with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor's use of private and/or construction access roads crossing said railroad company's properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor's operations and work cross, occupy, or touch railroad property: a. General Aggregate: ,.I„„o Enter hum s provided by Railroad Company(If none,write none) b. Each Occurrence: : Atone Enter limits provided by Railroad Company(If none,write none) 4. With respect to the above outlined insurance requirements,the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 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 Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5—CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods,techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source,kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 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. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements)proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance,repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No"or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) Q Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City's MWBE Ordinance (as amended)by the following: I. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: I. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. Q Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the l l th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor 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. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor 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. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1)record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work,these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall 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. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.13. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 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 of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 ARTICLE 6—OTHER WORK AT THE SITE 6.01 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 performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City's employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. ARTICLE 7—CITY'S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 7.03 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City's Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City's representative during construction are set forth in the Contract Documents. 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 and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the 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. 8.02 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 Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor,who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City's Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9—CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating 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 on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 ARTICLE 11—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. I. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion 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 Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ARTICLE 12—COMPLETION 12.01 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 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 Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any,to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13—SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14—MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving parry. 14.02 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. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 0073 10-35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 14.04 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 Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CITY CONDITIONS—DEVELOPER AWARDED PROJECTS Revised:January 10,2013 DIVISION 01 GENERAL REQUIREMENTS 01 1100- 1 DAP SUMMARY OF WORK Page 1 of 3 SECTION 01 11 00 SUMMARY OF WORK PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0 -Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 -General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor,materials,and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list,then the item shall be considered as a subsidiary item of Work,the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools,materials, and equipment for construction purposes may be stored in such space,but no more than is necessary to avoid delay in the construction operations. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—Developer Awarded Projects City Project#102350 Revised December 20,2012 011100-2 DAP SUMMARY OF WORK Page 2 of 3 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks,the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery,plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines,to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation,company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission,neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work,material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal,temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal,unless a bid item is specifically provided in the proposal. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—Developer Awarded Projects City Project#102350 Revised December 20,2012 011100-3 DAP SUMMARY OF WORK Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—Developer Awarded Projects City Project#102350 Revised December 20,2012 012500- 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 SECTION 0125 00 SUBSTITUTION PROCEDURES PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not"or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution -General 1. Within 30 days after award of Contract(unless noted otherwise),the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors,trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers,provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material maybe acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 012500-2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form(attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule,when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including,but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 012500-3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 4. Substitution will be rejected if a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer's opinion, acceptance will require substantial revision of the original design d. In the City's or Developer's opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product,the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work,to include building modifications if necessary,making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 012500-4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item'? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better(explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature _Recommended _Recommended as noted Firm Not recommended _Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 0131 19- 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 SECTION 01 31 19 PRECONSTRUCTION MEETING PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded,tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting,prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013119-2 DAP PRECONSTRUCTION MEETING Page 2 of 3 e. Other City representatives f Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way,utility clearances, easements or other pertinent permits d. Contractor's work plan and schedule e. Contract Time f Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material 1. Insurance Renewals in. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City's representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing cc. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance 11. Final Payment jj. Questions or Comments CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013119-3 DAP PRECONSTRUCTION MEETING Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 01 32 33- 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013233-2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013300- 1 DAP SUBMITTALS Page 1 of 8 SECTION 0133 00 DAP SUBMITTALS PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data(including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare,prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including,but not limited to: a) Disapproval and resubmittal(if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013300-2 DAP SUBMITTALS Page 2 of 8 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples,utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter,A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings,product data and samples, including those by subcontractors,prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) `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 shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 '/2 inches x 11 inches to 8 '/2 inches x 1 linches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items/Table of Contents c. Product Data/Shop Drawings/Samples/Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013300-3 DAP SUBMITTALS Page 3 of 8 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product,with the Specification Section number,page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes,but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City's Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City's Standard Product List, submittal data may include,but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013300-4 DAP SUBMITTALS Page 4 of 8 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include,but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed,materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work,materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site,or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution(if required in lieu of electronic distribution) CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013300-5 DAP SUBMITTALS Page 5 of 8 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples,where required,to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors,including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy,for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance,the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN' is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013300-6 DAP SUBMITTALS Page 6 of 8 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor's risk if not marked b. Submittals for each item will be reviewed no more than twice at the City's expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense,based on the City's or City Representative's then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals,will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City's discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents,then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013300-7 DAP SUBMITTALS Page 7 of 8 9. When the shop drawings have been completed to the satisfaction of the City,the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal,appropriately coded,will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include,but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information(RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 013300-8 DAP SUBMITTALS Page 8 of 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D.Johnson 1.4.K.8.Working Days modified to Calendar Days CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 0135 13- 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 SECTION 0135 13 SPECIAL PROJECT PROCEDURES PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedures for special project circumstances that includes,but is not limited to: a. Coordination with the Texas Department of Transportation b. Work near High Voltage Lines c. Confined Space Entry Program d. Air Pollution Watch Days e. Use of Explosives, Drop Weight, Etc. f Water Department Notification g. Public Notification Prior to Beginning Construction h. Coordination with United States Army Corps of Engineers i. Coordination within Railroad permits areas j. Dust Control k. Employee Parking B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 3. Section 33 12 25 —Connection to Existing Water Mains 1.2 REFERENCES A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification,unless a date is specifically cited. 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 3. North Central Texas Council of Governments (NCTCOG)—Clean Construction Specification 1.3 ADMINISTRATIVE REQUIREMENTS A. Coordination with the Texas Department of Transportation 1. When work in the right-of-way which is under the jurisdiction of the Texas Department of Transportation(TxDOT): a. Notify the Texas Department of Transportation prior to commencing any work therein in accordance with the provisions of the permit CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August,30,2013 013513-2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 b. All work performed in the TxDOT right-of-way shall be performed in compliance with and subject to approval from the Texas Department of Transportation B. Work near High Voltage Lines 1. Regulatory Requirements a. All Work near High Voltage Lines (more than 600 volts measured between conductors or between a conductor and the ground) shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 752. 2. Warning sign a. Provide sign of sufficient size meeting all OSHA requirements. 3. Equipment operating within 10 feet of high voltage lines will require the following safety features a. Insulating cage-type of guard about the boom or arm b. Insulator links on the lift hook connections for back hoes or dippers c. Equipment must meet the safety requirements as set forth by OSHA and the safety requirements of the owner of the high voltage lines 4. Work within 6 feet of high voltage electric lines a. Notification shall be given to: 1) The power company(example: ONCOR) a) Maintain an accurate log of all such calls to power company and record action taken in each case. b. Coordination with power company 1) After notification coordinate with the power company to: a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower the lines c. No personnel may work within 6 feet of a high voltage line before the above requirements have been met. C. Confined Space Entry Program 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA requirements. 2. Confined Spaces include: a. Manholes b. All other confined spaces in accordance with OSHA's Permit Required for Confined Spaces D. Use of Explosives, Drop Weight, Etc. 1. When Contract Documents permit on the project the following will apply: a. Public Notification 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior to commencing. 2) Minimum 24 hour public notification in accordance with Section 01 31 13 E. Water Department Coordination 1. During the construction of this project, it will be necessary to deactivate, for a period of time, existing lines. The Contractor shall be required to coordinate with the Water Department to determine the best times for deactivating and activating those lines. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August,30,2013 013513-3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 2. Coordinate any event that will require connecting to or the operation of an existing City water line system with the City's representative. a. Coordination shall be in accordance with Section 33 12 25. b. If needed,obtain a hydrant water meter from the Water Department for use during the life of named project. c. In the event that a water valve on an existing live system be turned off and on to accommodate the construction of the project is required, coordinate this activity through the appropriate City representative. 1) Do not operate water line valves of existing water system. a) Failure to comply will render the Contractor in violation of Texas Penal Code Title 7, Chapter 28.03 (Criminal Mischief)and the Contractor will be prosecuted to the full extent of the law. b) In addition,the Contractor will assume all liabilities and responsibilities as a result of these actions. F. Public Notification Prior to Beginning Construction 1. Prior to beginning construction on any block in the project, on a block by block basis,prepare and deliver a notice or flyer of the pending construction to the front door of each residence or business that will be impacted by construction. The notice shall be prepared as follows: a. Post notice or flyer 7 days prior to beginning any construction activity on each block in the project area. 1) Prepare flyer on the Contractor's letterhead and include the following information: a) Name of Project b) City Project No (CPN) c) Scope of Project(i.e.type of construction activity) d) Actual construction duration within the block e) Name of the contractor's foreman and phone number f) Name of the City's inspector and phone number g) City's after-hours phone number 2) A sample of the `pre-construction notification' flyer is attached as Exhibit A. 3) Submit schedule showing the construction start and finish time for each block of the project to the inspector. 4) Deliver flyer to the City Inspector for review prior to distribution. b. No construction will be allowed to begin on any block until the flyer is delivered to all residents of the block. G. Public Notification of Temporary Water Service Interruption during Construction 1. In the event it becomes necessary to temporarily shut down water service to residents or businesses during construction,prepare and deliver a notice or flyer of the pending interruption to the front door of each affected resident. 2. Prepared notice as follows: a. The notification or flyer shall be posted 24 hours prior to the temporary interruption. b. Prepare flyer on the contractor's letterhead and include the following information: 1) Name of the project 2) City Project Number CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August,30,2013 013513-4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 3) Date of the interruption of service 4) Period the interruption will take place 5) Name of the contractor's foreman and phone number 6) Name of the City's inspector and phone number c. A sample of the temporary water service interruption notification is attached as Exhibit B. d. Deliver a copy of the temporary interruption notification to the City inspector for review prior to being distributed. e. No interruption of water service can occur until the flyer has been delivered to all affected residents and businesses. f Electronic versions of the sample flyers can be obtained from the Project Construction Inspector. H. Coordination with United States Army Corps of Engineers (USACE) 1. At locations in the Project where construction activities occur in areas where USACE permits are required,meet all requirements set forth in each designated permit. 1. Coordination within Railroad Permit Areas 1. At locations in the project where construction activities occur in areas where railroad permits are required,meet all requirements set forth in each designated railroad permit. This includes,but is not limited to,provisions for: a. Flagmen b. Inspectors c. Safety training d. Additional insurance e. Insurance certificates f Other employees required to protect the right-of-way and property of the Railroad Company from damage arising out of and/or from the construction of the project. Proper utility clearance procedures shall be used in accordance with the permit guidelines. 2. Obtain any supplemental information needed to comply with the railroad's requirements. J. Dust Control 1. Use acceptable measures to control dust at the Site. a. If water is used to control dust, capture and properly dispose of waste water. b. If wet saw cutting is performed, capture and properly dispose of slurry. K. Employee Parking 1. Provide parking for employees at locations approved by the City. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August,30,2013 013513-5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 1.4 SUBMITTALS [NOT USED] 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.6 CLOSEOUT SUBMITTALS [NOT USED] 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.8 QUALITY ASSURANCE [NOT USED] 1.9 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.10 FIELD [SITE] CONDITIONS [NOT USED] 1.11 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 1.3.13—Added requirement of compliance with Health and Safety Code,Title 9. 8/31/2012 D.Johnson Safety,Subtitle A.Public Safety,Chapter 752.High Voltage Overhead Lines. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August,30,2013 013513-6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 EXHIBIT A (To be printed on Contractor's Letterhead) Date: CPN No.: Project Name: Mapsco Location: Limits of Construction: THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR PROPERTY. CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THIS NOTICE. IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER ISSUE, PLEASE CALL: Mr. <CONTRACTOR'S SUPERINTENDENT> AT <TELEPHONE NO.> OR Mr. <CITY INSPECTOR> AT< TELEPHONE NO.> AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August,30,2013 013513-7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 EXHIBIT B Fob WorTx, Daft: DOE NO.XXXX Project darner: NOTICE OF TEMPORARY WATER SERVICE INTERRUPTION DUE TO UTILITY IMPROVEMENTS IN YOUR NEIGHBORHOOD, YOUR WATER SERVICE WILL BE INTERRUPTED ON BETWEEN THE HOURS OF AND IF YOU HAVE QUESTIONS ABOUT THIS SHUT-OUT,PLEASE CALL: MR. AT (CONTRACTORS SUPERINTENDENT) (TELEPHONE NUMBER) OR MR. AT (CITY INSPECTOR) (TELEPHONE NUMBER) THIS INCONVENIENCE WILL BE AS SHORT AS POSSIBLE. THANK YOU, ,CONTRACTOR CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August,30,2013 014523- 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 SECTION 0145 23 TESTING AND INSPECTION SERVICES PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails,the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City,notify City, sufficiently in advance,when testing is needed. b. When testing is required to be completed by the Contractor,notify City, sufficiently in advance,that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to City's Buzzsaw site, or another form of distribution approved by the City. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 014523-2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution(if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City's Project Representative 4. Provide City's Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised August 30,2013 01 50 00- 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 SECTION 0150 00 TEMPORARY FACILITIES AND CONTROLS PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including,but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel,power, light,heat and other utility services necessary for execution, completion,testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised JULY 1,2011 015000-2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City's established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work,including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated,watertight,weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised JULY 1,2011 015000-3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised JULY 1,2011 015000-4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 1. Remove all temporary facilities and restore area after completion of the Work,to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised JULY 1,2011 01 5526- 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 SECTION 0155 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 3. Section 34 71 13 —Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification,unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings,provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings,prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised July 1,2011 015526-2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 1) Allow a minimum of 5 working days for permit review. 2) Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor's responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction,then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete,to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division,to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised July 1,2011 015526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised July 1,2011 01 57 13- 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 SECTION 01 5713 STORM WATER POLLUTION PREVENTION PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0— Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 3. Section 3125 00—Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 3125 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification,unless a date is specifically cited. 2. Integrated Storm Management(iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised July 1,2011 01 57 13-2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 3125 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES)General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES)General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 3125 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised July 1,2011 01 57 13-3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised July 1,2011 016000- 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 SECTION 0160 00 PRODUCT REQUIREMENTS PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. A list of City approved products for use is located on Buzzsaw as follows: 1. Resources\02 -Construction Documents\Standard Products List B. Only products specifically included on City's Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. C. Any specific product requirements in the Contract Documents supersede similar products included on the City's Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City's Standard Product List. D. Although a specific product is included on City's Standard Product List,not all products from that manufacturer are approved for use, including but not limited to,that manufacturer's standard product. E. See Section 01 33 00 for submittal requirements of Product Data included on City's Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 016000-2 DAP PRODUCT REQUIREMENTS Page 2 of 2 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D.Johnson Modified Location of City's Standard Product List 4/7/2014 MDomenech Revised for DAP application CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 016600- 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 SECTION 0166 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 016600-2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer's recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer's recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors,public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City's Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City's Project Representative. 6. Do not use lawns,grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers' unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City's Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet,unless otherwise approved in writing by City's Project Representative. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 016600-3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged,used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 016600-4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 Revision Log DATE NAME SUMMARY OF CHANGE 4n12614 MDomenech Revised for DAP application CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017000- 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 SECTION 0170 00 MOBILIZATION AND REMOBILIZATION PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor's operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor's personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor's operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor's personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor's personnel,equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor's personnel,equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor's operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017000-2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor's personnel,equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor's operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor's personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price per each"Specified Remobilization"in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.I.A.2.a.1) 2) Remobilization as described in Section 1.I.A.2.a.2) d. No payments will be made for standby,idle time, or lost profits associated this Item. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017000-3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price per each"Work Order Mobilization"in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby,idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under"Measurement"will be paid for at the unit price per each"Work Order Emergency Mobilization"in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby,idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017000-4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4nl2014 MDomenech Revised for DAP application CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017423- 1 DAP CLEANING Page 1 of 4 SECTION 0174 23 CLEANING PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 3. Section 32 92 13 —Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE,AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017423-2 DAP CLEANING Page 2 of 4 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017423-3 DAP CLEANING Page 3 of 4 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep,wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City,the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials,debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis,until Final Acceptance. 5. Prior to storm events,thoroughly clean site of all loose or unsecured items,which may become airborne or transported by flowing water during the storm. C. Exterior(Site or Right of Way)Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks,pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including,but not limited to,vaults,manholes, structures, junction boxes and inlets. 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals,etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017423-4 DAP CLEANING Page 4 of 4 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 MDomenech Revised for DAP application CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017719- 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 SECTION 01 7719 CLOSEOUT REQUIREMENTS PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees,bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017719-2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 0178 39 2. Operation and Maintenance Data, if required, in accordance with Section 0178 23 B. Prior to requesting Final Inspection,perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning,provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection,the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City,that the required Work has been completed. Upon receipt of this notice,the City, in the presence of the Contractor,will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include,but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017719-3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory,the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report(if required) f Contractor's Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 MDomenech Revised for DAP application CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017823- 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 SECTION 0178 23 OPERATION AND MAINTENANCE DATA PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include,but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 0133 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 '/2 inches x 11 inches b. Paper 1) 40 pound minimum,white,for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer's printed data, or neatly typewritten CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017823-2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 d. Drawings 1) Provide reinforced punched binder tab,bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available,provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor,name of responsible principal,address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List,with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017823-3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 5. Copy of each warranty,bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data,giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data,giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection,maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function,normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up,break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly,repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017823-4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 i. Charts of valve tag numbers,with location and function of each valve j. List of original manufacturer's spare parts,manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function,normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly,repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts,manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017823-5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 1.10 DELIVERY, STORAGE,AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D.Johnson 1.5.A.1—title of section removed 4nl2014 MDomenech Revised for DAP Application CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 01 78 39- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 SECTION 0178 39 PROJECT RECORD DOCUMENTS PART1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include,but are not necessarily limited to: 1. Division 0—Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 —General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City's Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017839-2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 3. To facilitate accuracy of records,make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work,both concealed and visible,to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data,use means necessary to again secure the data to the City's approval. a. In such case,provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection,provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS -JOB SET". CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017839-3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 2. Preservation a. Considering the Contract completion time,the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City,until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a"cloud" drawn around the area or areas affected. e. In the event of overlapping changes,use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits,piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings,by dimension accurate to within 1 inch,the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show,by symbol or note,the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a"cloud" around the area or areas affected. CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014 017839-4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings,have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings,will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR/RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 MDomenech Revised for DAP Application CITY OF FORT WORTH Speedway 2 Ind Park,Bldg 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DEVELOPER AWARDED PROJECTS City Project#102350 Revised April 7,2014