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Home My WebLink AboutContract 55553-PM2CSC No. 55553-PM2 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Page 1 of 6 Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Pro osal Form Unit Price OS/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Pre ualification's 04/02/2014 nn� n� m�� nn ^� n� m��n 00 45 26 Contractor Com liance with Workers' Com ensation Law 04/02/2014 98_ 4-� _48 g e �� r;z,-��-'�-II 00 52 43 A reement 06/16/2016 00 61 25 Certificate of Insurance 07/Ol/2011 00 62 13 Performance Bond Ol/31/2012 00 62 14 Pa me�1t Bond O1/31/2012 00 62 19 Maintenance Bond O1/31/2012 00 72 00 Geueral Conditions 11/15/2017 00 73 00 Su lementar Conditions 07/O1/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Ol/10/2013 Awarded Pro'ects Division Ol - General Re uirements Last Revised n i� i � i��n i� n.,� Ol 25 00 Substitution Procedures 08/30/2013 Ol 31 19 Preconstruction Meetin 08/30/2013 ni� n�in�� Ol 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 nio ��J nvi�� O1 45 23 Testin and Ins ection Services 03/20/2020 O1 50 00 Tem oral� Facilities and Controls 07/O1/2011 O 1 55 26 Street Use Permit and Modifications to Traffic Control 07/O1/20ll 01 57 13 Storm Water Pollution Prevention P1a11 07/O1/2011 O1 60 00 Product Re uirements 03/20/2020 01 66 00 Product Stora e and Handlin Re uirements 04/07/2014 9�--9A nn in�T Ol 71 23 Construction Stakiu 04/07/2014 O1 74 23 Cleanin 04/07/2014 O1 77 19 Closeout Re uirements 04/07/2014 �' ''-�—�-az� 84/8�l�9-1-4 O1 78 39 Pro�ect Record Documents 04/07/2014 C[TY OF FORT WORTH MORNINGSTAR — S�CT[ON 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECT CITY PROJ.N0.:103161 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SP�CIFICATION DOCUMENTS Page 2 of 6 Technical Speci�cations which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE CI7'Y OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPGCIPICATION DOCUMENTS — D�VELOPER AWARDED PROJECT CITY PROJ.N0.:103161 Revised March 20, 2020 00 0o ao STAN�ARD CONSTRUC'7'IQN SPEClF1CATI0iY DC?CUMENTS Page 3 of 6 Technical Spec't�cations listed belaw are iiicl�ded for this Project hy reference and can be �iewedldvwnlaa�ed from the City's website at: h t t�:llfo rtwo rthtex as. �o�ltpwlco nt ra c to rsl �r hit[��:Ila�ipti.ti�rt�►nrthtexxs.�t�►lI'rnjcctlt�s��urresl lli�isian �2 - Existin Cnnditions n�� „i.,..+:..,, c.�., n�...,,i:+:,... []2 4i ]4 LJtili Remo�allAbandonment 02 41 15 Pa�in� Rcma�al Di�isio�n fl3 � Concrete Last Rc�iscd i � i��z i 2��ar2o � 2 a21621201 b 03 30 �0 Cast-In-Pla�e Co«cx-ete 1212012U 12 n�� n�� «�z 03 80 00 Moditications to Existin Cor�crete Structures 1212012D 12 ❑i�isian 2G - ElectriGal �r_ nc nn r-�,.._...,..., u��.-i. v o�..i�.. �,- � to..�..;..., i s i �� i�n i� �-�--oQ �� 2G �5 1 � �esnolitinn f'or Ele��rical 5 stems 1212�12D 12 2d U5 33 Racewa s a�id E3oxes far Glectrical S stems ]212t]12012 2b �5 43 U«der round Ducts a��d Racewa s for Electrica! S steins 4710112D 1 l �8 r,...,,,,,,,.,;..z,;.,,,� nn,�i,;_ n„�f ��,,,,�..., mr�� UiWisian 31 - Earthwork 31 1 Q 00 Site C3eari» 1 212 012 0 1 2 31 23 lfi CJiiclassified Exca�atinn a112 8120 1 3 31 23 23 Borraw __ a112&12013 31 24 �a Emba�ikments 0 1 12 8120 1 3 31 25 04 Ernsion and Sedi�nent Control 12120120I2 31 36 00 GaE�in�ls 121ZD120 ] 2 3 l 3 7 D4 Ri ra i 212012fl f 2 ui�ision �� - �xterivr �m ro�ements 3z 9� -l� , h ��--�-�z �-fl-i--�8 , � ��z 32 Ol 29 Co��cretc Pa�in Re air 1212a12012 �� i�.,.�,io a.,�o r-�.,,,..�.��. ��91�9-�-� 32 l]�9 Lime Trcated Base Cotirses 1 212 412 0 1 2 32 l 1 33 Cemeiit Treated Base Coi�rses 1212012� 12 32 1 l 37 Li uid Treated Safl Stabilizer 08/21/2015 �-1� , � ��-�-�;z �� , � ��-�;� 32 13 l3 Concrete Pa�in 1212012D 12 32 I3 2Q Concrete Sidewalks, Dri�ewa s a�id F3arrier Free FZaEn s O61DSI�D18 32 t3 73 Concrete Pa�i�i .ioint Sealants 1212012D12 �-4-�� i � r��zr�n i � 32 15 13 Concrete Curb and Gutters a»d Valle Gutters 1 D1051201 G Cf'I Y L7l' I�C}I�'I' WC)R'I'H MC}RNINC�STAA — SEC'l'ICIN 5, I'[ �AS�: 4 S'fANL]ARL]C'DNSTRUCTlONSI'I;C[FIC'r1TIDAlC)OC:iJMEN'I'S—UCVL'•LDI'L•AAWAftUI�U I'AUJ�C"l' Ci'l'Y PRD1.N�.:1D31G1 Re�ised March 2D, 2D2� 00 00 00 STANDARD CONS"I'RUCTION SPECIFICATION DOCUMENTS Page 4 of 6 32 17 23 Pavement Markin s 11/22/2013 � �� i i in�l �3✓ �L,.,;,� T.�,,,�,.,,�, .,.,.a (`_.,1-.��. t'��'�-iz.�z-nviinvzz � \x7;..o Ro.�.,.,� ...�d (`_.,t�� 17l7rc�-z�zvii 27��i�> \717.,.,.7 �',,,�,,,,� ...-.,J (`_.,*.,., 7 "f /'�-rz�z��viz � �� VV/ V�:7Y'�e-t-@ 32 91 19 To soil Placemeilt and Finishin of Parkwa s 12/20/2012 32 92 13 H dro-Mulchin , Seedin , and Soddin 12/20/2012 �� rr.,�„� .,,,a cti,.,,i.� i�i��zo,�zo�z Division 33 - Utilities 33 O1 30 Sewer and Manhole Testin 12/20/2012 33 O1 31 Closed Circuit Television CCTV Ins ection 03/03/2016 � ��_o�o , � i�-.�,- ��-z 1'2�7�n-^r-�i'vn i 7 ��zrsv��iv-i i '2��_v-ni�-�i-r ('.,,-.-.,�:.,., r'�..-.*r.,t To�t C�.,t;.,,,� 77/7�rcvnviz '2 '2�%, 1 '7 /�-a,rz-nv /�rco r� 33 04 30 Tem orar Water Serv�ces 07/O1/2011 33 04 40 Cleanin and Acce tance Testin of Water Mains 02/06/2013 33 04 50 Cleanin of Sewer Mains 12/20/2012 33 OS 10 Utili Trei7ch Excavatiou, Embedmei7t, and Backfill 12/12/2016 33 OS 12 Water Line Lowerin 12/20/2012 33 OS 13 Frame, Cover and Grade Rin s— Cast Iron O1/22/2016 33 OS 13.10 Frame, Cover and Grade Rin s— Coin osite O1/22/2016 33 OS 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 12/20/2012 Grade ��-8�-�-� r„�,.,,,,+� �x�,,,,,,. ��,,,,t�� i�i�-.�-�.,��L 33 OS 17 Concrete Collais 12/20/2012 2'27.�_nvTznv i � ��_zizvrinvrc '2'2�-i- T,,.,,�,ol T :,,�« D1.,4„ i�/�ir.zznvii.nv=rc 33 OS 22 Steel Casin Pi e 12/20/2012 � �.7'� v��. , 7 �7z-z,-�v;io-;z 33 OS 24 Installation of Carrier Pi e in Casin or Tunnel Liner Plate 06/19/2013 33 OS 26 Utili Markers/Locators 12/20/2012 33 OS 30 Location of Existin Utilities 12/20/2012 33 11 OS Bolts, Nuts, and Gaskets 12/20/2012 33 ] 1 10 Ductile Iron Pi e 12/20/2012 33 11 11 Ductile Iron Fittin s 12/20/2012 33 11 12 Pol vin 1 Chloride PVC Pressure Pi e 11/16/2018 2� i i �� »i�ni�ni� T✓--r-r--i� , , -z,-L;�v, z.v-r� �'2 7�_iT�T 1 �l�rz�_Lvicviz 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 '2'2�. r � 7 �7i z�_znv,�inviz 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfl Valves 12/20/2012 33 12 25 Connection to Existin Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water S stems 12/20/2012 33 12 40 Fire H drants 01/03/2014 33 12 50 Water Sain le Stations 12/20/2012 CITY OP FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOP�R AWARD�D PROJ�CT CITY PROJ.N0.:103161 Revised March 20, 2020 33 12 60 33 31 12 Z Z��rz � � �jTsl�� 33 31 20 � ��r�—iT Z Z�z Z Z� �� 33 31 50 � ��o 33 39 10 33 39 20 �-�9 39 � ��r� 33 39 60 33 41 10 � ��_�-:_�_}. � �_r�_� �� 22�� 33 46 02 33 49 10 33 49 20 33 49 40 00 00 00 STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS Page 5 of 6 Standard Blow-off Valve Assembl 06/19/2013 Cured in Place Pi e CIPP 12/20/2012 i�i�ni�ni� -rczvrz-v-iz i7/'�� Pol vin I Chloride (PVC) Gravi Sanita Sewer Pi e 06/19/2013 D„1.,.,;.,..1 r''l,i,...;,70 /DVl�\ !`l,.�o,l D,.,,�;lo �`_«.,.,;t<. Q.,,,;�.,,.., Qo.,,�.- T 17/7�z Sewer Service Connections and Service Line Cast-in-Place Concrete Manholes Precast Concrete Manholes Epoxy Liners for Sanitary Sewer Structures Reinforced Concrete Storm Sewer Pipe/Culverts C 1„*+,,.7 C`+,�..,�.,. Tl,-.,;.� � Trench Drains Cast-in-Place Manholes and Junction Boxes Curb and Drop Iillets Storm Draina�e Headwalls and Win�walls 1 7 /7Tz.�_znv�/z�.-v-i c 1 � l�_rr.-rznvizllv-rc 04/26/2013 , � i��, n ��i 12/20/2012 12/20/2012 , � i�_, z, zo,�zo �z i � i�z, zo�[Lo iz 12/20/2012 07/O 1 /2011 , � ��z , , i,�--n--�,�� 7/7zr�nv�ioii n�m�r,»� ��r 07/O 1 /2011 12/20/2012 12/20/2012 07/01 /2011 CI"CY OF FORT WORTH MORNINGSTAR — SGCTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECT CITY PROJN0.:103161 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 6 CITY OF FORT WORTH MORNINGSTAR – SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECT CITY PROJ.NO.:103161 Revised March 20, 2020 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION anii i3 iNVI'fA'I'ION'f[] Bi[]I]ER5 Page 1 of 2 SECTIDN UO 11 l3 INVfTATIUN 'l�0 ]31UU�kS li3�l�l�i]��1:iL•\�►V�[�!]�]!i�]�rr:�[�� FUR f'U�3LICLY BID P�OJECTS ONLY RECI:IPT �F SIDS Sealed Uids for the canstruction af MORN�NGSTAR— SECTIQN 5, PHASE 4 wiil be recei�ed by the M�HNINGSTAR M.U.U.: WELCH ENGIIVEETtING, INC. 13�8 N�rwoad Dri�e S��ile 200 E3edford, Tcxas 76022 Bids will be aecepted unti19:45 am, CST, October 3Q, 202fl and bids will be publicly read aluud at I0:00 am, CST, Friday, October 30, 202�. GENERAL DESCRIYTI�N OF W�RK T�ie majar work will cncisist af the (approximate} fallowing: The project is M�R.N�NGSTAR — SECTION 5, YHASE 4, cnnsisting af 89 Sin�le Flmily Residential Suhdi�ision wi[! require the instafiatian o� Water, Sanitary Sewer, Storm Drainxge, Street Pa�ing and Street Lights. 6idding oithe �ro,jeet as whoie or separate entities as either U#ilities, PR�ing andlor Street Lights. Excuvalinn nf 1he projecl is already underway. PRCQUALJF��ATIQN The impro�ements included in tl�is prnject m�sst be perfnrmed by a co�itractar wlio is pre- qi�alified by the City at tl�e time of l�id o�eei�rig. Tl�e procedures for q«aliticatinn a�id pre- qual if icatio�i are autl ined i�i the Section 0� 21 13 — IiVSTRLTCTI�NS TD BIDDERS. D�CiIMEPVTS APVD PR�CUREMENTS Copies ofthc Biddittg and Contract ancuments may be aa�uired by at: t��l�li«:«e!cl�cn�.cc�3n A drop bax will be emailed hac� to you. ContaGt Tim Welch, P.E. at 817-253-3b82, ii yau ha�e questians. Na hard capies will be pro�vided aniy PDF files. Bids can either drt�pped off or email to twitich ��:��Llc:l�ci��.�um with the appro�riate documents required. L4'rrcla hid must he rrccompanied I�y a cc•rtifrerl o� �aslaie►�'s cl2erk,,frorn a responsible $nnk in tl:e Strrte of Texas, or a bid bnnd, issued hy a surety legrally rrutlrori�e�l ta r10 6acsi�ress in tlte State nf Texas, equa! to SI of the tQtal brrl rrmou►�L Mrakc• Nre caslaeer's clreck, certi�ed check or bid 6ond payabfe to MDRNIIVGSTAR MUNICIPAL []TILITY DISTRICT, (M.U.D.} C3TY Of 1'ORT WORTH MfJRN1NG5TRR — SL•C'fl0[Y 5, P[ iASE 4 57'ANDARD CflNSTRUCTI��*f SPF.,CfFICA'fION []C]ClIM�1�'l'S — L7CVELOPER AWARDCD PROJE�'T5 Ci[y Projcct Number: 1031b1 Re�ised Mxrcl� 26, 2�2D 04i113 iNVITA'I'IUN'I'U B1��ERS Page 2 of2 PRER�D CCINFERENCE A prei�id �anference may be held as described in Secti�n OQ 21 13 - INSTRUCTIONS TO BIDUERS at the fo[lowing locatioEz, date, and time: DATE: No P�•e-[3id TIME: No Pre-Bid PLACE: Nn Pre-Bid L�CATION: No Pre-Bid DEVEL�PERICITY'S RIGFIT T� ACCEPT OR RE,YECT B1llS De�eloper and City reser�es the right to wai�e irregularities and tn accept or reje�t hids. Required forms Seciian a0 41 �U; Section OQ 42 43, Section UO 43 13 and Section 00 45 12 wiih 5°/a Bid Bond. FLTNDIIVG A��y Cnntracts awarded us�der this �NVITATIDN TD B1DDE1�iS is expe�te�f to be fu��ded from re�enues generated from Dc�eioper's C:ompletion Qr Escrnw Funds and dedicated by the ❑c�eloper's Fit�ancial Instiiute for the work u�ider tl�is INVITATIDN T� F3I[3UERS. IN[�i.]�RIES All inquiries relati�e to this proci�remenl shnuld be addressed tn the following: Attn: Tim�thy J. Welch, P.E., WELCH EIVGIN�ERING, INC. Email: twcich[a7welcheng.com Phone: $17-253-35$2 ANI]I(JTt Attn: Pafrick l3ucicley, P.E., CITY DF Ff]RT Wf)RTH Email: l',�tri�l..liu�i:lc��rr li�rl��i�tlhl��ati.��u� Phone: {817) 392-2443 Y ~ PLAN HQLDERS To ensure you are kept up to date of any new i�iformation pertinent to tl�is �rojc�t such as when an addenda is issued, download tl�e P1an Holder Registration form to yaur �omputer, co�ttplete and email it ta the City Project Manager or the design Fngineer, ADVERTISEMENT DATES Friday, August 21, 2{120 Friday, August 28, 2U2D E1vD ❑F SECTION --------------------__.. - - CI'1'Y pF fOi2T WORTH MORiJfNrSTAR — SF.CTION 5, PI IASG 4 STANf]ARI7 C�NSTRUC'fION SPECIFICA'l'lON DOCUMI�NTS — I?EVF.[.OP�R AWART]F.17 PRO.IFCTS Cily Praject Nuzi�ber: 1031G1 Iievised Marcli 20, 2020 aoz� �3� INSTRLfCTlDNS 7'C? I3lUDERS Page I of 9 SECTIpN 00 21 13 iNSTRUCTIONS Tp BI�DERS DEVELOPEIZ AWAFtDED C�NTRACTS I�]:illl�IlC�1�1T�:31l1�.��1��]�11!'1 1. Defined Terms l.l. Certain addi�ianal fer�tts used in these INSTRUCTIC]N5 TO gIDDERS ha�e the ineanings indicated }�elnw whicli are applicahle to bath the singular and plural #hereof. 1.1.1. 6idder: Any persn��, �rm, partnership, company, association, or corporation acting dire�tly through a duly authoriaed representati�e, submittin� a bid fnr performing the work coE�templa#ed urider the Contract Docu�nents. 1.1.2.SUccessful I3idder: The responsi}ale and responsi�e Bidder to whom De�eloperlCity {Qn the basis of City's evaluaiion as herein�ifter pro�ided} makes an award. 2. Capies af Ridding Documents Z.1. Neither Ue�elnperlCity �inr Engineer s�all assume any �•esponsi�iility fnr errnrs or misinterpretations resulting trom the Bidders use af incamplete sets af Bidding ❑ncuments. 2.2. Ue�veloperlCity and Engineer in making copies af Bidding Documents a�ailai�le da so only for the purpnse nf obtaining Bids for the Work and do not authorixe nr confer a license or grant for any other use. 3. Prequalifi�ation of Bidders (Prime Co�tract�rs and Subcontractars) 3.l . All Bidders and tl�eir subcontractors are rec�iiired to he prequalified for the wark types reyuiring prequalifi�ation at lhe time of bidding, Bids recei�ed from co�itractnrs whn are nat prequalified {e�en if inad�ertently apened) sEtall not be considered. Prequalification requirement wark types and documeniattan are available 6y accessing ail ree{uired f les thrnugh the City's website at: hlt ti:lla x.fart�� nrtk�tex:�s. ��i►11'rci'ect}2eti��urcr�l 3. i. I, Pa�ing — Requirements document locafed at; ResourceslCnnstru�tion DocumentslContractor Preq�ialificationlTPW Pa�ing C:o�itractor Prequalitication Program 3.1.2. Rnadway and Pedeslrian Ligkiting— Require�nents da�u�ncnt located at; ResnurceslConsiruction DocumentslCantractnr Prequalifi�atianlTPW Roadway and Pedestrian Lighting Preqiiali�catian Pra�ram 3.1.3. Water and Sanitary Sewer -- Requireineiits dacu�nent [ocated at; 02 - Consi:ruction ❑ncumentsl�antractor Prequalificatioi3lWater and Sariitary Sewer Caniractar Prequalifcation Program C[TY OF FQRT WQfL'fH MDRN1NCr5"l'Alt —SEC.T'fUN 5, Pi-IASE 4 STANDARI7 CflNS'I itUCT[ON SPEC[FICAT[QN C]pCUMENTS — F]EVEL�YL•'It AWAR�ED PR{]lECTS Ci[y Prvje�l Numher: 1D3 i51 Rc�ised March 2a. 2a20 00 21 132 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre-qualifed contractor who is the successful bidder(s) for a project to subinit such additional information as the City, in its sole discretion may require, including but not limited to manpower• and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the successful bidder(s) to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Failure to submit the additional infonnation, if requested, may be grounds for rejecting the successful bidder as non-responsive. 3.4. In addition to prequalification, additional requirements for qualification inay be required within various sections of the Contract Documents. 3.5. Special qualifications required for this project include the following: N/A 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder shall: 1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by Developer/City or any representative of the Developer/City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the Developer/City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.13. Consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Worlc. CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 103161 Revised March 20, 2020 00 21 133 INSTRUCTIONS TO BIDDERS Page 3 of 9 41.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted programs of the Deparhnent of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable °technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of the infonnation which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the fonn of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, tiine required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.9.Promptly notify Developer of all conflicts, errors, ambiguities or discrepancies in or between the Contract Docuinents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the Developer shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: CITY OF FORT WORTH MORNINGSTAR— S�CTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 103161 Revised March 20, 2020 00 21 134 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.l.those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Developer in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the Developer nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Developer in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 43. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given Developer written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by Developer are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by Developer as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste ar Radioactive Material, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Developer. CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHAS� 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 103161 Revised March 2Q 2020 0� 2l 135 INSTRUCTIONS TO BlC]C]EfiS Page 5 of9 6. Inter�rretations and Addenda d. l, All questions about the meaning ar intent af the 13idding Dacuments are to be directed to De�cloper'slCity's representati�e. Interpretations or clarifications considered necessary by De�eloper in respn�ise to such questions will be issued by Addenda deli�ered to all parties recorded by De�eloper as ha�ing received the Bidding Documents. Only questions answered by formal written Addenda will 6e binding �ral and other i��terpretatians or clarifications will be withaut legal effect llddress c�uestions to: Attn: TIM�THY J. WELCH, P.E., WELCH ENGINEE1t11VG, I1vC. Emaii: twelch[a7,welche�i�,com Phone: (817) 253-3G$2 ANDIaR Atin: Patriclt Buckley, �,E., CITY 0�� =ORT WDRTH Email: 1'alric:l,.k3�i�l.l��."r� It?rt��c�rlht��i5.��c�� Phone: {817} 392-2�443 T 6.2. Addenda may also he issued to modify the Biddi«g Documents as deemed ad�isable by De�elaperl�ity. 6.3. Addenda or Glari�catiaiis may be posted �ia the City's document inanagement and collaboration system site at : NIA. 5.4. A prebid conference may be held at the time and place indicated in the Ad�ertiseznent or IIVVITATIDN TD BIDI]ERS. Representati�es of De�eloper will be present tn discuss the Project. 8idders are encouraged to atteiid and parti�ipaie in the conference. I]e�efaper's representati�e will transmit to all prospecti�e Bidders of record suoli Addenda as De�e[oper considers ne�essary in response to questions arising at the conFerence. �ral statements may not be relied upon and will not be binding or legally effecti�e. 7. Bid Secarity 7.1. Each Bid must be accampanied by }3id Band made payable ta De�elnper in an amaunt af fi�e {5} percent of Bidder's inaximum Bid price on fann alta�hed, issued by a surety meeting the requircments as listed in the Generaf Conditions. 7.2. The Bid Ba�id of all Bidders will be retained until the canditions of the Natice of Award ha�e been satis�ed. �f the 5uccessful Bidder fails to execute and deli�er the cnmplete Agreement wilhin 10 days after the Notice of Award, ❑e�eloper may cansider Bidder to be in defauft, rescind the Nati�e of Award, and the Bid Bond of that Bidder wii] hc farfeiied. Such fvrfeiture shall be De�eloper's exclusi�e remedy if Bidder defaults. The Bid Band af alI other Bidders wham De�eloper belie�es tn ha�e a reasonable chance of re�ei�ing the award will be retained by De�eloper u�itil �nal cantra�t execution. C[TY OF FORT WQRT[ [ MOkIY[NG5'I'AR •- SECT[ON 5, PHASF 4 STANDARD CpiVSTRUCTIOh! SPECIF[CAT[�N UOCUMENTS — �EVELOPER AWARDE� PRU]ECTS City Prnje�l Numher: 1U3161 He�ised March 20, 242D 00 21 136 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Section O 1 25 00 of the General Requirements. 11. Bid Form 11.1. All blanks on the Bid Form must be coinpleted by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the wot•ds "No Bid," "No Change," or "Not Applicable" may be entered legibly, in inlc or type, for which the Bidder proposes to do the work contemplated or furnish materials required. 11.2. Bids by corporations shall be executed in the corporate naine by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affxed. The corporate name, address and state of incorporation shall be shown below the signature. 113. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official name and address of the partnership shall be shown below the signature. 11.4. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The name and state of formation of the firm and the official address of the firin shall be shown. 11.5. Bids by individuals shall show the Bidder's name and official address. 11.6. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 11.7. All names shall be typed or printed in ink below the signature. CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 103161 Revised March 20, 2020 00 21 137 INSTRUCTIONS TO BIDDERS Page 7 of 9 11.8. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 11.9. Postal and e-mail addresses and telephone number for cominunications regarding the Bid shall be shown. 11.10. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 12. Submission of Bids 12.1. Bids shall be submitted on the prescribed Bid Form and proposal form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City of Fort Worth Project Manager, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security, if required, and other required documents. 13. Modification and Withdrawal of Bids 13.1. Bids cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids. After all Bids not requested for withdrawal are opened and publicly read aloud, the Bids for which a withdrawal request has been properly filed may, at the option of the Developer/City, be returned unopened. 13.2 Bidders may modify their Bid by electronic cominunication at any time prior to the time set for the closing of Bid receipt. 14. Opening of Bids 14.1. Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 15. Bids to Remain Subject to Acceptance 15.1. All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. Developer/City may, at their sole discretion, release any Bid and nullify the Bid security, if required, prior to that date. CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOP�R AWARDED PROJECTS City Project Number: 103161 Revised March 20, 2020 00 21 138 INSTRUCTIONS TO BIDDERS Page 8 of 9 16. Evaluation of Bids and Award of Contract 16.1. Developer/City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Developer/City believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. Developer/City also reserves the right to waive informalities not involving price, contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Wark and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct suin. 16. L 1. Any or all bids will be rejected if Developer/City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against Developer/City, Developer/City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the Developer/City will prevent or hinder the prompt completion of additional work if awarded. 16.2. Developer/City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations inust be submitted as provided in the Contract Documents or upon the request of the Developer/City. Developer/City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 16.3. Developer/City may conduct such investigations as Developer/City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Developer's/City's satisfaction within the prescribed time. 16.4. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by Developer/City indicates that the award will be in the best interests of the Developer/City. 16.5. Failure or refusal to comply with the requireinents may result in rejection of Bid. CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 103161 Revised March 20, 2020 00 21 139 INSTRUCTIONS TO BIDDERS Page 9 of 9 17. Signing of Agreement 17.1. When Developer issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. The Contractor shall sign and deliver the required nuinber of counterparts of the Agreement to Developer's representative with the required Bonds, Certificates of Insurance, and all other required documentation. END OF SECTION CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS City Project Number: 103161 Revised March 20, 2020 UTILITY C�NTRA�T F�RMS D.T. UTILITY CQNTRA�TORS, IN`�'. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROIECTS ONLY Page 7 of 3 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: FG ALEDO DEVELOPMENT, LLC 3045 LACKLAND ROAD FORT WORTH, TEXAS 76116 FOR MORNINGSTAR — SECTION 5, PHASE 4 WATER, SANITARY SEWER, STORM SEWER, PAVING AND STREET LIGHTS IMPROVEMENTS City Project 103161 No.: Units/Sections: SECTION 5, PHASE 4- WATER, SANITARY SEWER AND DRAINAGE 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 Docuxnents to perform and furnish all Work as speciiied 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 1NSTRUCTIONS 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 detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROlECiS 00 41 00 Bid Form —DAP.docz Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PR07ECTS ONLY 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 harniing or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. WATER DISTRIBUTION, DEVELOPMENT, (8-INCH DIAMETER AND SMALLER) b. SEWER COLLECTION SYSTEM, DEVELOPMENT (8-INCH DIAMETER AND SMALLER) c. DRAINAGE PIPES AND STRUCTURES 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 9� workingr days after the date when the Contract Time commences to run as provided in the General Conditions. 42. Bidder accepts the provisions of the Agreement to liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid T'he following 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 Forxn, Section 00 42 43 d. MBE Forms (if required) e. Prequalification Statement, Section 00 45 12 £ 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 CI'fY OF FORT WORTH STANDARD CONSTRUCTION BIO FORM — OEVELOPER AWARDED PROJ ECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 0o ai on f]AP 8[fJ FORIuS FOR PL]BLICLY IIfd PROlECTS ONLY Page 3 oF3 hid prices for each pay item by the respecti�e estimate� quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Sid Items �use this if applicable, otherwise delete� Total Base Sid Alternate Sid Deductive Alternate Additi�e Alternate TOTAL BID 7. Bid Snbmittal Thzs Bid is submitted on Respectfully submitted, By: �� (Signature) Coltan Tallcti (Printed Namej Title: Vice President cTitle ar Off`i�e� Company: D.T. i7tility Contractors Inc �Company Name� Address: �G14 Caushie Rd �Address � �Address if applicable, atherwise delete� WeatherFord Texas 76087 �City, S#ate, Zip Code' State of �G� 5 In�arporation: T �mail: [� t� n C� fu�: i� . C.e�rtn Fhon�: S I a � �� - � END UF SECTIQ�T $574,99C.9Q $674.996.9fl by the entity named below I�eceipt is acknowledged of �tial �n� foii�W�� Addenda: Addendum No. 1 � Addendutn Na. 2 Addendutn Na. 3 Addendum No. 4 arr oF vokr waarH 5i'RNpqRp CDNSSAl1GTION BI� FQRM - �EV E�OPER AWAROED PROlECTS 00 41 QO 8id Form - pAP.docx Form Fe+nsed Aprii Y, 2a14 11 � � : 1 '�� . �i 00 42 43 DAP - B[D PROPO5AL Pxge I oF 21 SECTI�N 00 +�2 43 Qe�eloper Awarded Projects - f'F2OP05AL FORM MURf1'iNGSTAR - SEC:'I'I[)N 5- PHASk: d UNIT PRiCE BID CDNTRACT 11iS120Z1 IPRC No.: IPRC 2Q-Q173 ('.P. No.: 1U31G1 Sidder's Application Projec[ ![em infnrina[ion Bidder's Ptopasal Bidlisl Specification Llnit of' [3id Item llescrip[ian Uni[ l'rice Bid Value �o Se�tion Na. Measure Quanlity L1NIT I: WATER IMPROVEMEhFTS I-1 3311.U161 fi" Walerl'ipe 33 ]I ]2 Lf� 94 $28.00 $2,G32.�t� l-2 3311.0261 8" Wa[er 1'ipe 33 ] I] 3 I.f 3,318 $33,pp 51�4,494.00 l-3 3312.3602 6" Gate Val�e 33 I? 2{1 HA (� $SSO.�Q 55,106.00 l-0 33i2.3Q03 8" [�ate Vnl�e 33 I? ?f� EA 7 $1,000.D6 $7,D06.0[1 I-5 33i2.U117 C:nnnec[. to f.•.xisting4"-12" WatcrMain 3i I_'?5 EA 3 $SOU.00 $I,SU[}.0(� I�� 3312.00[ll fire [iydrant 33 124D EA 6 $3,?5[7,0[7 $l9,soo.an I-7 331 I.�O[11 �uctilc Iron Water Fit�ings 33 11 1 I '1'UN 3 $G,OOO.QO $18,Ua0.0[� I-8 3305.0lfl9 TrencfiSafety 33051D LI� 3,412 $f.00 $3,412.0[1 I-9 3312,3[][]3 1" Watcr Scrvice 33 i2 10 l3A R8 $85D.60 $74,800.0(� T07AL �IIVET !: WATER fMPR�VEMENTS $241,438.OD CCfY OF FORT WORTH STAN[7Alill CO7�5"CItUCi'IUN SPE.C�'ICAT[ON DOCUATENTS - AF VELDYER AWA1t�Ei7 PRi7IE.CTS f•orm Version April 2, 2014 00 42 A3 - f3II1I]fNG ITEh45 - M4RiJIidGSTAR - SECTION 5 PI IASE 4- 201336FA- 0] -i 5-21 xl. 00 42 43 ❑AP - Bif1 PROF�SAI. Page 2 0£2 � SECTfON 00 42 43 Qeveloper Awarded Prajects - PR�P�SAL FaRM MflRN[NGSTAR - SE[:7'[ON 5- l'HASE 4 llIVIT PRICE BID CONTRACT 1 11 512 0 2 1 Cl'RC Nv.: 1PRC' 2U-11173 C:.F'. [�'n.: I[I31fi1 Bidder's Application Project Item liifnnnatian Bidder's Proposal BidEisl Spocificatio�i Lfnit nF IIid ltem Uescrip�ian See�ian No. Measure Quantily Llriit Price [3id Vaiue Nn. L1NIT tf: SANiTARY SEWER IMPR�VEMENTS 2-I 3331.4115 8" Sewcr Pipe 33 3] ?� Lf 2,895 $35.00 51f�1.325,0[} 2-2 3331.411G 8" Sewer Pipe wICSS 33 OS 10 LF 184 $82.OU S I5,[}K8,00 2-3 3339. ICIUT A' Manhple 33 3�3 2[1 EA 9 $3,DDa.OD $27.[}[1[1,Df1 2-4 3339.1[lU2 4' Drop Manlinle :33 39 ?d F.A F $4,206.OD $4,?OD.DO 2-5 3339.1�03 4' I:xtra Dep[h Manhnle 33 34 2i1 VF 33 5150.OD $4.45Ci.Dl1 2-G 3331.310i 4" Sewer Service, Two-way cleanoul ;33 3l SU E:A 88 $650.OD $S7 �[1C1,p(1 ?-7 3301.OUO2 I'as�-CC'I'V ]nspection 33 fll 31 LI� 3,079 $3.10 s�,sna.�n 3-8 3301.0101 Manhole Va�uum Tes�ing 33 (]l 3fl �A 10 $I50.00 S1,SOO.�Q 3-4 3334.00D1 Epoxy 1Nanhole Liner 33 39 60 VN' 25 $3D0.00 �7,SOfl.�Q 2-l[} 33U5.�104 'I'rencli Safety 33 OS 10 LF 3,[}79 $1.�0 $3,Q79.D0 ?-11 4999.0001 Connect lo �xis[ing Sanitary Sewer Main 33 I 1 1[1 CA I $SOU.60 $SU0.00 T�TAL UNiT II: SANITARY SEWER IMPRaVEMENTS $231,886.9� crr+r or• r•oRT woxTx ST AM] A217 CCINST2[JCTfL7N SPI'C IFiCATION f70CUM�iI'FTS - i]F•. VCLpPER A W AADEO PROf CCTS 1=0� m V er5 i on Apr � I 2, 20 f 4 OQ 42 43 - Fs IDDIi�lG ITF:MS - MGR NINGSTAR - SECTfON 5 F[ fASE 4- 201336ER- Ol - l 5• 21 .x I s 00 42 43 DAP - 8ID PkOPOSAI. Page 3 oF� I 5EC71�N �D 42 43 Developer Awarded Proje�ts - PRaPOSAL FQRM MpRNI[�CS'['AR - SECT[ON 5- PiiASR 4 IJNIT PRICE BID CdNTRA('T TI1512D21 IPRC No.: 1F'NC 20-D173 C.P. Ya.: 1031G1 Bidder's Appfi�ation Project item fnfnrmalinn 13idder's Proposal 8idlist S��ccificatirni Unitaf 13id Item i]escription Se�lion tJa. Measure Quanti[y unit Yrice Bid Value Ida. NIT III: ❑RAINAGE IMPR�VEMEN�S 3-I 3305,OIU9 'l"rench Safety 33 OS 10 LF 98l $1.00 $481.(IQ �-? 3341.03a9 36" RCP, Class IIf 33 41 10 LF 29� $113.00 $32,49b.00 3-3 3341.0302 3a" RCP, Class 3I[ 33 41 16 I.F 2�3 591.a0 $23,933.00 3-4 3341.�2[15 ?4" RCP, Class lIi 33 41 l0 I_f 42fi 577.a0 $32,8[}2.00 3-5 3349.0�61 4' Storn� lunctioii 13nx 33 49 i0 �A ? $4,2ao.nn $$,+1U[].UO 3-fi 3349.d��1 4' Stonn Junction F3ox (�x[ra Deplli] 33 49 lU �A ? $8,200.Qp $IG,R[}[].U[1 3-7 3344.5DQ3 20' Curb Inlet 33 49 2[1 F:A 7 �9,SOO.Oa $b6,snn,an 3-S 3349.4107 30" TXDOT 4� I SET [ 1 J(FW } 33 44 40 EA i 53,20fl.06 $3,206.OD 3 g 3349.4109 35" TJCDOT 4: I Type fl SF:"I'P-L'I], SafFet}• End 33 q9 4� F_A i �3,800.DQ $3,8Q�.[li1 Treatment 3-]0 3137,0105 Mcdium Stone, Ri�ra�,dry 31 370� SY 1�g $45.0� $l2,Ib0,00 3-1 I 4999,0001 Corincct tn Hxisting Stnan Sewer IvSxin 33 I l Id EA t �saa.ao �snn,no T�TAf. L]NIT III: �RAINAGE IMPROVElVtENT5 $201,672.00 [ rrr or• roKr wox'rH STAN[]AFLD CL7iv5TklICCfC1N SPCCIF[CATIOid DOCLIhiENTS - DE.VELOPEH A WACt17�17 Pk�JECTS Forni Version Apri] 2. 2014 [�(1 d� A7 - R[Df7fNG [Tf•:MS - 1�fORN[NGSTAA - SECTfON 5 PHASE 4- 201.13GE4- 61-I 5-21.x1s 00 42 43 DAP - BID PROPOSAL Page 7 of 21 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - SECTION 5- PHASE 4 UNIT PRICE BID CONTRACT 1/15/2021 IPRC No.: IPRC 20-0173 C.P. No.: 103161 Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT �I1: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS 1,438.00 1, 886.90 1.672.00 Total Construction 90 CITY OF FORT WORTH STANDARD CONSTRUCT[ON SPEC[FICATION DOCI.IMENTS - DEVELOPER AWARDED PRO]ECTS Form Version April 2, 2014 00 42 43 - BIDDING ITEMS - MORMNGSTAR - SECTION 5 PHASE 4- 201336E4- OL t 5-21.xis ov as iz OAP pREQUAI.iFICA'I-lUN STATEMENT Page 1 of 1 SECTIDN 00 45 12 ❑AF PREQLTALIFICATI�N STATFIVI�IVT Each Hidder is required to camplete the infarmation below by identifying the prequaiiFied c�ntractars andlor sub�ontractors whom they intend tv utilize far the majar work kype(s] listed. �n the "Ma�or Work T e" box ravide the com lete ma�or work e and actual descri tion as ro�ided b the Water Ue artment fvr water and sewer axad TP W for avin . Major Work Type WATER Water Transmissian, ❑e�el�ment, 8" and smaller SA1V'ITARY SEWER Sewer Colleotian Systern, 8" and smaller STDRM SEWEIz Storm sewer instailatian Contra�torlSubcantractor Company Name D.T. UTII�ITY CDNTRACTORS, INC. ll.T. IITILITY CUNTRACT�RS, INC. D.T. LTTILITY CUIVTRACTUItS, INC. Prequalification ExQiration Date �f-� �� -jo -� � � — �0 � C The undersigned hereby certifies tl�at the contractors andlor subcontractors described in the ta�le abo�e are currently prequaiifed foz' the work types listed. I:II1�,� D.T. [TTIII,TY CQNTRACT�RS, INC. Company Zb14 Causbie Road Addxess Weatherford, Texas 7bfl87 CitylStatelZip By. � o�� I�er�`� _ (Please Print) Signature: ��_ � {Please Print} Title: f/.� Date: � ~ ! Q' � ( CITY OF fORT WORTH STAH pARO C6NSTRl1 CTIOfd PRE (xIJ ALi FI CATION $TqTE ME N7 - OEVE4aAER A W RRDE 0 PROI ELTS E1VD QF SECTI�N 00 45 7z PrequaliFication Statement 2a15 OAP Form Versivn Septeritl7er 1, 2d15 00 45 26 - l CdNTRACi'OR CQMi'LfA3VCE WITFi WORK�R'5 C[1MPENSA'CION E.AW PAge I oF F 2 3 4 S � 7 S 9 1D 11 12 13 14 I5 Ifi 17 l8 l9 2(1 �1 22 23 �4 25 2G 27 28 29 30 3i 32 33 34 35 �� 37 38 39 44 SELTIUN 00 45 26 C�NTRACTOR CQMPLIAN�E WITH WO1tKER'S CUMPEIVSATiQN LAW Pursuant ro Texas Lahvr Code Section 4Q6.�96(a), as amended, Cantra�tor certifies that it prn�ides warker's �amgensatian insurance co�erage for all of its em�ioyees empl�yed an City Praject No.103161. Gontract�r further �ertifies that, pursuar�t ta Texas Lafaar Code, Section 40G.69G(b), as amend�d, it wii� pr��ide to City its subcontractor's certifi�ates of cnmp�iance with warker's compensation ca�erage. CUNTRA�TDR: D.T. i]TiLITY C�NTRACTQRS, IIHC. Campany Z61�1 Causbie Raad Address Weatherford, Texas 76A87 CitylStatelZip TFIE STATE �F TEXAS covNrr o� -r�rrr � � � ay: _��{c� �/�_� (Pleass Printj � Si�natttre: _ . Title: _. [�TC.� �eS,;�G.r �- {Please Print) BEF�RE ME, the undersi =ned authnrity, on this day persorially appearecl _� �f p�._._I d 1! e-� �__, kn�wn to me to 6e the gerson whose name is subscribed ta th� faregving instrument, and a�knawledged to me that helshc executed thc same as the acf and deed of F�. _7• 1��_ (_� �'��s� �.� _ for tne purpases and consideration therein expressed and in the capacity therein stated. GN� .N [JNDER MY HAND AND SEAL OF QFFICE this .. ._ � 7 _day af t"CiJr�,� � , 2�Z� �� .�s.r Nntary Pub�ic in nd far the State of Texas END UF SECTION CITY []F FORT WQRTH SFANDA� CONSTR[1GTIflN SPECIFICATl�N �pCUML�NTS 3�r�iscd April2, 20l4 .�" �'�. 7ANYA pAVlS ; •�+� Notary Publi� �� `�:; S�A�E �F '�o: o*' �m �P57683�4-q�5 �, 2Q21 fNpRN1I+IGSTAR SECTIpN 5. YHAS� 4 CI7'Y PRp1ECC NiO. 1 D3 l fi l 90452G- 3 CdNTRACTDR CpA3PLiANCE WITH WpRKER'S COIviPENSATIQN LAW Page 1 of l � 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 14 20 21 22 23 24 25 2d 2? 28 29 30 31 32 33 34 35 36 37 38 39 40 sECTio�v oo as �� C�NTR.ACT�R CaMPLIANCE WITH WOR�CER'S COMPENSATIDN LAW Pursuant to Texas Labor Code Sectian 405.09d(a}, as amend�d, Contractor oertifies that it provides worker's �ampensatian insurance co�erage for ai1 of its employe�s eznployed on City Project Na. ifl2777. Contra�tor fi.u-ther certifes that, pursuant to Texas Labar Code, Saction 40b.09b[b}, as amended, it will pm�ide to City its subcontractor's certificates of complian�e wiEh worker's cornpensatian co�erage. CUNTRACTOR: D.T. UTILITY CU1tiTTRACTORS, Il�fC. Campany 2G14 Cansbie Road Address We�thcrford, Texas 76087 CitylState�Zip THF's STATE OF TEXAS COUNTY OF TARRANT '�'� �� By: � l� �IIe r�t (Please Print} Signature: Title: �� _ (Please Print) B�FC]RE ME, the undersigned authority, on this day personally appeared ��7 �.��1 `�p C f�.� , known tv me to be the person whose name is subscribed to ihe for oing instrument and aclrnowledged io me that helshe execuled the same as the act and deed of �, ;� �}y�� y�G, for the purposes and consideration therein expressed and in the capacity fherein stated. GNEN CJNDER MY HAND ANfl SEAL OF �FFTCE this �� day of _ FCrJr v _.�. _ , 2� Zr TA�IYA DAVIS � *: =`:��, I�otary P�b�ic _r• . " ;' STATE dF TIXAS rireor �}� ��i�rJ7�� 4•4 M Comm. Ex 5e . 28. ?U'�� y �_.1_ �Q--u-+-� Notary Public and for the State vf Texas ENO QF SECTIQN CITY OF FORT WQRT'H STANpARD CDNSTRUCTIOi+i SPECIFICATIQN DQCUMENTS Re�ised April 2, 2p 14 NpRTHSTAR SECTIpid 4, PHASF 1 Cf'iY PRO]ECT ND.: �02777 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2("District") and/or the City of Fort Worth ("City") when dictated hy an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be cvnsidered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/ar City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or through Contractor. The undersigned C�NTRACTOR agrees, covenants and represents that it will include this Sp� � Conditioz�s to the Agreement in aIl of its subcontracts. � � /. �n Sehalf of Morningstar Ranch MUD Nos. 1 and 2 On Behalf of De�eloper _.�� - __ ___ �n Behalf of Contractor 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on �� '2� is made by and between the Developer, 4 F. G. ALEDO DEVELOPMENT, LLC, authorized to do business in Texas ("Developer") , and 5 D.T. UTILIY CONTRACTORS, INC., authorized to do business in Texas, acting by and 6 through its duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 MORNINGSTAR — SECTION 5, PHA3E 4 1� CITY PROJECT NO.: 103161 � 17 18 Article 3. CONTRACT TIlV� 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 90 working days a$er the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 36 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 3� of Acceptance. CITY OF FORT WORTH MORNINGSTAR - SECTION 5, PHASE 4 STANDARn CONSTRUCTION SPECIFICATION DOCUMENTS DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of SIX HUNDRED SEVENTY FOUR THOUSAND 41 NINE HLTNDRED NINETY SIX DOLLARS AND NINETY CENTS, ($674,996.90) 42 Article 5. CONTRACT DOCITMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 48 49 50 51 52 53 54 55 56 57 58 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 Fornl(s) c. Payment Bond (DAP Version) d. Performance Bond (DAP Version) - e. Maintenance Bond (DAP Version) £ Power of Attorney for the Bonds g. Worker's Compensation Affidavit h. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 66 67 68 69 70 71 72 73 74 75 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH MORNINGSTAR SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIF'ICATION DOCUMENTS DEVELOPER AWARDED PROJECTS CTI'Y PROJECT NO.: 103161 Revised June 16, 2016 005243-3 Developer Awarded Project Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 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 tlus contract. This indemnification nrovision is saecificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sou�ht were caused, in whole or in uart, bv anv act, omission or neeli�ence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 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 specificallv intended to ouerate and be effective even if it is alle�ed or proven that all or some of the dama�es bein� sought were caused in whole or in part by any act, omission or negli�ence of the citv. Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNINGSTAR SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS DEVELOPER AWARDED PROIECTS CTI'Y PROJECT NO.: 103161 Revised June 16, 2016 oa s2 a3 - a De�eloper Awarded Pmjeci Agreemeat Page 4 of 4 117 li8 i19 12a 121 122 123 124 125 126 127 7.fi Autharity to Sign. Cnntractar shall attach evidence of auihority to sign Agreement, if other than duly autharixed signatory of the Contra�kor. IN WTTNESS WHEREQF, De�eloper and Contractvr kfa�e executed ttais Agreement in multiple caunterparts. This Agreernent is effecti�e as of the Iast date signed by #he Parties ("Effecti�e Date"). Contractor: De�eloper: D.T. I7TILITY CUIVTRACT�R5, F. G. ALEDU DEVELQPMENT, LL�. INC. ' �.� {5ignature) � �� (Printed Name) Title: (/. f; Company Name: I}.T. LTTILI'['Y CUNTRACT�RS, INC. Address: 2619 �A[ISB�E RUAD CitylStatelZip: WEATRERFORII, TEXAS 76087 �-��.�zr �ate B _ {Signature} �i�7 ,.(�/GL (Printed Name) Title: -��1 Company name: D F. G. ALEDO DEVELUPMENT,LLC. Address: 3ti45 LACKI,AND ROAD CitylStateiZip: FURT WQRTH, TEXAS 7611G Z- l7 �z� Date C1TY DF FORT WpRT4{ MORNINGSTAR SECTION 5, PHAS� 4 STANAARI] CONSTRUCTIbN SPECIFICATION DOCLIMENT'S ❑EVELQPER AWARDED PR�IECTS CITY PRUJECT NO.: Z031fi1 Revised lune 1 fi, 2015 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 6125 CERTIFICATE OF INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR - SECTION 5, PHAS� 4 CITY PROJECT NO: 103161 OU6213-1 PERFORMANCE BOND Page I of 3 1 2 3 4 S 6 7 SECTION 00 6213 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Bond No: PB11509801825 8 That we, D.T. UTIL17'Y CONTRACTORS, INC. , known as "PrincipaP' herein and 9 PHILADELPHIA INDENINITY INSURANC� COMPANY, a corporate surery (sureties, if 10 more than one) duty authorized to do business in the State of Texas, known as "Surety" herein i i (whether one or more), are held and firmly bound unto the Developer, FG ALEDO 12 DEVELOPMENT, LLC, authorized to do business in Texas ("Developer'� and the City of Fort 13 Worth, a Texas municipal corporation ("City"), in the penal sum of SIX HUNDRED 14 SEVENTY FOUR THOUSAND i�TINE HUNDRED NINETY SIX DOLLARS AND t5 NINETY CENTS ($674,996.90), lawful money of the United States, to be paid in Fort Worth, i6 Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the 17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, t 8 successors and assigns, jointly and severally, firmly by these presents. l9 20 21 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�(�OZb and 22 WHEREAS, the Principal has entered into a certain written contract with the Devetoper awarded 23 the �day of February , 2d 21, which Contract is hereby referred to and made a 24 part hereof for atf purposes as if fully set forth herein, to furnish all materials, equipment labor 25 and other accessories defined by law, in the prosecution of the Work, including any Change 26 Orders, as provided for in said Contract designated as MORNINGSTAR — SECTTON 5, 27 PHASE 4. CITY OF FOR7' WORTH MORNfNGSTAR - SECTfON 5, PHASE 4 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS CITY PROJECT NO. 103161 Revised ]anuary 31, 2012 DOb2l3•4 PERFpRiNANCE 801'!D Page 2 of 3 Z 3 4 5 6 7 8 NOW, THEREFURE, the condition af this obZigatinn is such that if the said Prin�ipal shalt faithfully perForm it obligations under the Contract and shall in sil respect� duly and faithfuliy perForm the Wark, inaluding Change Drders, under the Contract, according tv the p�ans, speciFcations, and �ontract dvcuments therein referred to, ar�d as wel! during any period of extensi�n of the Cantract that may be gran;ed on ti�e part of the De►+efoper andlnr City, them this obligation shali be and hecome null and �oid, otherwise to remain in full Force and effect. PROVIDEU FURTHER, that ifany legal action be filed on this Sond, ►+enue shall lie in Tarraet County, Texas or the []Rited States �istrict Couri For the Northern �istrict of Texas, Fart 9 Wurth Di�isian. 10 ll t2 13 14 l5 lfi 17 l8 I9 2D 21 22 23 24 25 26 27 xs 29 3a 31 32 33 sa 35 3s 37 38 39 40 41 42 �3 This bond is made and exr.cuted in oompliance wfth the provisions of Chapier 2253 of the Texas Gor+�ment Code, as amended, and a�l liabitities an this Ir�nd shall be determined in acoordance with the prvr+isians of said statue. IN WITNESS WHER�UF, the Principal and the 5urety ha�e S[QNEO and SEAL80 this instrument hy duly auttsorir�d agents and off oers on this the �� day ot' Fe�� 20 21 PR[NCiPAL: ATTEST: � _ • 8.�., G_��'�__ rineipalj Sccretary �. . "� �. __._ ._._ .... . ..... . - , itncss as tn Priricipa D. T. IJtilit�r CoMractnrs, Ina BY: Signature Ca ��. � �I�� U r �� Name and Title Address: ��4 Cau:We Rnad WeBTherfvrd, Texas 7 SURETY: �,�"'�Hi r ""'h rr`,�,Q� ,.... Y�H�yy, PhiledelpHa Irrdemn�ty k�auranoe CaespanY �� 2 �rr��xn� $Y� #ti : ? Ti Signa f:fl�' �� :�51'LY}�� •� Q � $�'�d' .... ••'yb�,� Fred A_ Thetfard, Jr., Altpmey-in•Fact N r• yy�N„ �,,,,,�'•�'' Name and TitEe Address: one eala P1axa, suKe 1oa C[TYOF FQR7 WORTH MORH[NGSTAk -SECTiON 5, PHAS�4 STANDARA CITY COHd1T[DNS - pE V EtAAER AWARi]EQ PRO.fECTS Cl"I'Y PRQIBCT NO. 103161 Rcvia�ed lanupry 3 i, 2412 UO 62 13 - 3 PEI2fQRMANCE BOND Page 3 of 3 1 � 3 4 5 6 7 8 9 10 11 12 � �-Z- --_ �-- - _-- _ _ '' �css as to Sure • Bala Cynwyd, Pennsylvania 19004 13 Telepilone Number: 800-873-�t552 *Note; If signed by an officer of the Surety Company, there must be on file a certified eatract t'rom the by-laws showing t(�at this person has authority to sign such obligation. [f Suretv�s pli}�sicai address is differcnt From its mailin� address, both must be pro��ided. Tl�e date of the bond shall not be prior to the date the Contract is a�uarded. CITY qP FORT 4NORTH �10RNINGS'1"AA — 5ECTtON 5, PHASH 4 STANDARD CIT'Y CONDII'IONS DF�V�LOPI R i\WARDED PRqJ[Cl'S CIT\' PRO1[CE NO 10316I RevisedJanuar} 31,3�12 006214-I PAYMENT BOND Pagc 1 of 3 1 2 3 4 5 6 THE STATE OF TEXA5 COUNTY OF TARRANT SECTION 00 6214 PAYMENT BOND Bond No: PB11509801825 § § KNOW ALL BY THESE PRESENTS: � 7 That we, D.T. UTILITY CONTRACTORS, INC. , known as "Principal" herein and 8 PLHILADELPHIA INDEMNITY INSURANCE COMPANY a corporate surety ( or sureties 9 if more thari one), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and frmly bound unto the Developer, FG ALEDO 11 DEVELOPMENT, LLC, authorized to do business in Texas "(Developer'�, and the City of Fort 12 Worth, a Texas municipal corporation ("City'�, in the penal sum of SIX HUNDRED 13 SEVENTY FOUR THOUSAND NINE HUNDRED NINETY SIX DOLLARS AND l4 NINETY CENTS (5674,996.90) , lawful money of the United States, to be paid in Fort Worth, 15 Tanant County, Texas, for the payment of which sum well and truly be made jointiy unto the 16 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number �"' dnZ�o ;and 21 WHEREAS, Principal has entered into a certain written Contract with Devetoper, 22 awarded the �� day of February , 20 21 , Hrhich Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to fumish all 24 materials, equipment, (abor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as MORI�TINGSTAR — SECTION 5, 26 PHASE 4 27 28 NOW, THEREFORE, THE COND[TION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the '£exas Govemment Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH MORNINGSTAR —SECTION 5, PHASE4 STANDARD CITY COND1TlONS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised lenuary 31, 2U 12 0� 6� � << . � PAYMl:1i'I" HDNb Pagc 2 af3 l '1'his Uond is n7ade �utd executcd in �ompliance with the pro�isions oi�Chapter 2233 af the 2 't'exas (ao�erninent Code, as amcnded, and all li�hilities an this bond sha€1 be detei�nined in 3 a�cardance with the provisions af�said stat��ie. � 1N WIT1�iESS WHERE�F, the I'rincEpal aricl Surety I�a�e each S1GNE� and SEAL�C] 5 t�iis instrument ha duly autltorixed agents and ofticers an this tfie 22nd day of 6 - -- - . Fe6ruary -.. , 20_21 --- 7 AT'I'�ST: �[ Y: . -` � �- �C . -- � — (Pnncip�s] Secretary � ---�� ness as to Principal . ' _ , i�f)� ATTEST: � , � ' t r� ��:��.��1 '.��. f .i i�.� 1 �5urety] 5ecretary 8 9 lfl ll 12 _• �� -- � - -�� '_' � ess as to 5 urety PRINCEPAL: ❑. 7. Utility ConVactars: Inc. B Y: �--- ----- - — Signature �� Q�� Name and Title AddCCSS: �614 Causbre Rvad — WeatherFord. iexas 76087_ . . _ ..--- SLlRETY: Philadelphia lndemnity Insurence �ompan �, �I. I.. SY: 'F" ' ��,��" �x 1 - - .. -. Sigr�atiire , ---. .. Fred A, 7hetFard, Jr., Attvmey-in-Fact __.. . .. Name and Tiile Address: o�e ga�a Plaxa, 5uite �00 8a1� Cynwyd, Pennsylvania 19004 Telepf�one Numher: 8��-873-4552 1Vate: if s€�ned hy an officer oF the 5urery, there must he on file a certified e+ctract from t��e t�ytaws sho�vin� that tltis person has a�3tharity to sign stich ahligatinn. fF 5uret?•'s ph}sical eddress is different frvm its mailing address, bath must be pro�ided. L:I�I'Y{]]� HQR�i WC}R'i}�� Ivf�]RNIN[;S'!'nk SLY:'E�IqN �, f'I�IASE •1 57�ANDARCI CI I'Y C[7yf7il f[]A!5 I7t Vf'I.C1f�FR Al�1ARi71 f) pR(l,ll•C'l5 ['17'Y PHO1L'C E' �p 463161 Rc� iscJ January 31, 20I? 0�6214-3 PAYMENT BOND Pagc 3 oP3 The date of the bond shail not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH MORNINGSTAR —SECTION 5, PHASFA STANDARD CITY CONDITIONS— DEVEIAPER AWARDED PRO)ECTS CITY PROJECT NO.: 103161 Rovised Januery 31, 2012 006219-t MAINTENANCE BOND Page 1 of 3 I 2 3 4 5 6 7 SECTION 00 62 19 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § Bond No: PB91509801825 8 That we D.T. UTILITY CONTRACTORS, INC., known as "Principal" herein and 9 PHILADELPHIA INDEM1vITY INSURANCE COMPAIVY, a corporate surety (sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein i l (whether one or more), are held and firmly bound unto the Developer, FG ALEDO 12 DEVELOPMENT, LLC, authorized to do business in Texas ("Developer'� and the Ci1y of Fort 13 Worth, a Texas municipal corporation ("City'�, in the sum of SIX HUNDRED SEVENTY 14 FOUR THOUSAND NINE HUNDRED NINETY SIX DULLARS AND NINETY CENTS t 5 (5674,996.90), lawful money of the United States, to be paid in Fort Warth, Tarrant County, 16 Texas, for payment of which sum wetl and truly be made jointly unto the Developer and the City l7 as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, I8 successors and assigns, jointly and severally, firmly by these presents. 19 20 21 F�►a 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 � ��-OOZs(� ;and �� 23 WHEREAS the Principal has entered into a certain written contract with the Developer 24 awarded the�day of Feb�uary , 2021 . which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 2S the "Work'� as provided for in said Contract and designated as MORNINGSTAR — SECTION 29 5, PHASE 4 and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Worl: by the City ("Maintenance Period'�; and C1TY OF FORT WORTH MORNINGSTAR—SECTION 5, PHASE4 STANDARD CITY CONDITIONS— DEV ELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised lanuary 31, 2012 006219-2 MAINTENANCE BOND Page 2 oC3 1 2 3 4 5 6 7 8 9 10 Il 12 13 14 15 16 17 18 19 20 21 22 23 24 WIiEREAS, Principal binds itself to eepair 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 Principa) shall remedy any defective Work, for which timely notice was provided by Developer or Ciry, 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 defeciive 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 bome by the Principal and ttie Surety under this Maintenance Bond; and PROVIDED FURTHER, that ifany 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. CITYOF FORT WORTH MORNINGSTAR—SECTION 5, PHASE4 STANDARD CITY CONDITIONS— DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103t6t Revised January 31, 201? [1!} G3 19 - 3 NlRIN']'E�NAN('F f30idIl E'a�;� � ��E' � 1 I�' WITI�IE55 WHER�QF, the Principal and the 5�rety I�a�e each 5[GNE� and SEA[,�D rhis 2 instruittestt hy duly authorixed agents a�id officers an tl�is tlle 2��d day af 3 Fehruary �4 2� , 4 5 6 7 8 9 ]4 ll ATTE51': 1? ,. . � �� • __.__. �-�, -- 14 { rincipal} 5ecretary 15 iG !7 � 18 / 19 2� W itness as ta Prin�ipal 21 77 23 24 25 ?G 27 2$ ?9 ATTEST: .i0 .��• ' ` a � 3i ��1��'C.�.._ �;t... ��µ. � '.'`.-- 32 {5�frety} Secretary 3.i 34 35 it ss as to Sure[y �6 PRI�ICIf'AL: ❑. F. lltiEity ConiracYors, Inc. BY: . ignalure � 'rG+r► ! •�! Qj�JG � � ti�me and TstEe �lddress: 2fi�d Causbie Road V11eat�erfQrd, Texas 76Q87 5U RE TY: PhiladeEphia lndemnity insura�ce Company �; � � • �Y: ��,;�/t L � � • r�� j{ �` Si�n1t«re �� Fred A Thetlord, Jr., Allomey-in-Fad Name and Title Address: Q�� Sala Pfaza, Suite 7d0 Bala Cynwyd, Pennsyl�ania 1$604 ielepi�pne tiumher: $00-873�552 37 *Note: if signed by an oFficer of tlie 5�rety Cvmpany, there nzust be on fiie a ce�•tifed e�ctraat 38 Frqnl the �y-la�vs sho�ving that iliis person has authoriry t❑ si�n s«ch obligatian, if 39 Surei7's pli�•sical address is di�erent irQrr� its m�iling address, bpth rnusi be pra�ided, 40 4l The date of tlie hQnd shaEl not be prior to tfie date t}ie Conrract is awarded. :i� ��'i v oi• E�na•r �un�rEi �nnHu�r.�csrnia sf:c'r�can s, i>i�,�s�.� Sl'A�L7ARE] CIT}• C(��hi'E'1()NS 11F:V [:[.(7F']=ft A1Yr�RDL•kl Pltqlk [! 5 C:17Y PRC731=C.'1" l�C] 103 iC.+ I It�iised ]aE�uary 3 i. 3fl 13 PHILADELPHIA INDEMNITY INSURANCE COMPANY Onc Bala Piara, Suile 100 Bala Cynxryd, PA 19004-0950 Power of Attorney Bond No: P611509801825 KNOW AtL PERSONS BY THESE PRESENTS: That PHIU►OELPHUIINDEMPIIiY INSUMNCE COMPAPIY (the Company), a corporation organized and e»isting under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appolnt� Youna Fred A. Thetford Jr Tobtn Tucker Tom Youn Dlane 9rrnnn Fred A iheHord IV and/or Fred A. Thetford. Itl of Cm�tract 8oed Itaena LI.C. its true and tawful Attomey-in-fact wkh full authority to execute on iu behalf bonds, undertakings, recognizances and other contracts of Indemnity and writings ohligatory in the nature thereof, issued in the course of Its buslness and to bind the Company thereby, tn an amount not to exceed S50•000.000. This Power of Attomey is grattted and is sigrtad and scaled by facsimile under and by Ihe authority of thc followin6 Resolution adopted by !he Board of Diractocs of PHILADELPHIA INDEMNI7Y INSURANCE COMPANY on Ihc 14'" ofNovember, 2016. RESOLVBD: 'Ihat the Hoard of Directors hereby authorius the Presidmt or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize thc Attomey(s) in Fact to execute on behalf of the Company bomis and undertakings, contracts of irodernniry end othcr writings obligatory in thc nature lhereofand to attech Ihe seal of the Company thereto; and (2) lo remove, at any time, any such Attomey-in-�act and revoke the authority given. Md, be it FURTNER RESOLVED: 'Ihat the signatures of such of�iccrs and lhe seal oP the Company may be affixed to any such Power of Attomey or certificate ielating thereto by Tacsimile, and any such Power of Attwney so exeeuted and certified by facsimile signatures and facsimite seal shall be valid and binding upon Ihe Compeny in thc fuwrc with respect ta any bond or undcnaking to which it is attached. IN TBSTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY C15 AUTHORIZED OFF(CE 11iIS 27TM DAY OF OCTOBER, 201'/. . + .J' r . _ �g�� ....... �`�� Robert D. O'I.eary Jr., President & CEO Philadelphia lndemniry Insurance Company On this 27°i day ofOctober, 2017, before me came the individual who execuled the preading instrument, to me personafly known, and bei�g by me duly swom said that he is 1he thereirt described and authoriud oR'icer of the PHILADELPHIA INDEMNITV INSUILINCE COMPANY; that the seal affixed to said inswmem is the Corpora�e sea! of said Company;lhat the said Coryorate Seal and his signature were duly a�xed. �� .�.q.��.,,.� �o.n u«e�. w��9at�"w� (Notary Seal) Notary Public: cesiding at: 'iY1�o�.u�o`�.�"`v'� �ala Cmuvd. PA My commission expires: Seotem6er 25. 2021 1, Edward Sayago, Cwporate Secretary of PH[LADELPHIA tNDEMNITY INSURANCE COMPANY, do heceby certify that the foregoing resolution ofthe Boa�d oC Direclors and the Power of Attomey issued pursuant therelo on the 2T°i day of Oclober, 2017 are true and comect and are still in full force and effect.l do further certify that Robert D. O'Leary Jr., who executed the Power of Attarney as President, was on the date of execution of the attached Power of Attoncey the duly dected President ofPHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subsctibed my aamc end aflixed the facsimile uaf of each Company this 22nd aey of February , Zp 21 , : t �zr'�'�. � �� Edward Sayago, Corporate Secretary PHILADELPHIA INbEMNITY INSURANCE COMPANY ,•"'�yNITY �'' . �_ `��pVOSGIFs�G a' 29G% � . i as -.'i�,�4�v►y��: � 'a�'y _ .... . �� I I�EL� I.� g IDISURANCE COIVIPANIE� A Member af the Tokio Mar[ae Gvoup One £�la Pluze�, Suite 100, Snln Cynu7d, Pennsplvania rgoo4 G�o.G�7.7900 • Fa16io.Gii.�3o • PHL1'.cnm SLti2ETY BOI�D SCAL ADDENDUiVi PHILADELI'HIA INDE�ITI'ITI�SURAIVCE COMP.q1\fY As part of its business continuity efforts during the pendency of the COVID-19 pandemic, Philadelphia lndemnity Insurance Company ("PIIC"j has temporarily authorized its Attorneys-in-Fact to affix PIIC's corporate seal in a digital format in lieu of its traditional raised sea) to any bond issued on its behalf by any such Attorney-in-Fact. PIIC agrees and affirms that the digital corporate seal found herein is deemed affixed to the bond and the Power of Attorney with the same effect as if its raised corporate seal had been affixed to the bond itself. Effective this 20T" day of March, 2020. Philadelphia indemnity Insivance Company �- � �°; �� - �y: � Artichael Cundiff, Senior Vice President Phii:idrl��ltin('�,n,�;li�l;if��lII��Idinr;('ut�� • (9til:id.•I��hinln�l��ronih'tn.�m:�nrri:uni��c�m' •'I��ki��At:iri�ir��,��ri:iih In�ur.�nr,�t'��np;ms ^ AInrnin:li�,,n�nnr¢.A;;.nrr.Inr, IMPORTANT NOTICE To obtain information or make a compiaint: You may call the Surety's toil free telephone number for information or to make a complaint at: 1-877-438-7459 You may also write Philadelphia lndemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Aftention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or camplaints at: 1-800-252-3439. You may write #he Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection(a�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety 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. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar �I numero de telefano gratis de para informacion o para someter una queja al: 1-877-438-?459 Usted tanbien puede escribir a Philadelphia Indemnity Insurance Company at: One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Depa�tmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: http://www_tdi.state.tx.us Email: ConsumerProtectian�tdi.state.tx.us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comunicarrse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacian y no se convierte en parte o condicion del documento adjunto. PAVIN� C�NTRACT FORMS GTL�� CQNTRACTIN�, �NC. 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: FG ALEDO DEVELOPMENT, LLC 3045 LACKLAND BLVD. FORT WORTH, TEXAS 76116 FOR: MORNINGSTAR — SECTION 5, PHASE 4 WATER, SANITARY SEWER, STORM SEWER, PAVING AND STREET LIGHTS IMPROVEMENTS City Project 103161 No.: Units/Sections: STREET PAVING 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 detriment of Developer (b) to establish Bid prices at CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVEIOPER AWARDED PROJECTS . 00 41 00 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY 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: a. STREET PAVING b. c. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 5� 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 liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS - 00 41 00 Bid form — DAP.docx Form Revised April 2, 2014 flD 41 U(1 ❑AP Bl� FORM FOR PLfBL[CLY Bl� PR07ECT5 O\LY Pagc 3 o f 3 bid prices far each pay item by the respe�ti�e estimated quantities shnwn in this proposal and th�en totaling all of the extended amaunts. 6.3. E�aluation af Alternate gid Iteins �use this if applicable, atherwise delete� Total Sase Bid �1lternate Bid Deductive Alternate Additi�e Altemate �C�]111a►A:31�7 $511,322.(0 ��.aD $0.�0 $fl.�D �� i 1. �? �.r,� � 7. Bid Subm'rttal This Bid is submitted an: October 14, 2�2� Respe�tfully submitted, BY: - ---�;�� -� � (Signature} Leia McQuien {Printed Name) Title: Vi�e President, Dperations �I'itle or Of�ce� Company: Gilco Contraciing, Inc. �Company Name� Address: 6331 Southwest Bl�d. by the entity named below Receipt is acknowledged af � the following Addenda: Initial Addendum Na. I Addendum Nv, 2 Elddendum No. 3 Addendurn Na. 4 �Address if applicable, atherwise delete� Benbrook, Texas 7f 132 �City, State, Zip Code� State of Incorparation: TEXAS Ema i l: 1 eia[c� gi l�a �ontracting. com Phone: $17- 735-16D� END QF SECTIQN CIN OF FORT WORTH STAPl0AR0 CON 57RU Cfl ON 61 D FO RM - p EVE L�PE R A W A R DEO PROJ ECTS �0 410a Bid Form - OA P.dacx Farm Revised April 2, 2014 �i, - ; r ,�� . �� 0o ax na DAP - H1D PRflP05 AL F'age 4 oF 2l s�c�iont oo az aa Qeveloper Awarded Projects - PRbPDSAL FQRM NiORN1NG57'AK - SE("I'[(1N 5- PffASE 4 UNIT PRICE BID CONTRAC:T 111 512 62 1 ll'HC: 1Yo,; IPRC 20-0173 C.P. no.: 1031b1 Bidder's Application f'raject Ifem In%nnation [3iddc�'s Praposai Sidlist Spccifi�ation ilnit af Bid ftci�t i]esaription llnit Pricc f3id Value No. Sec[ion No. Mcasurc Quanlity L1NIT IV: PAVING IMPRDVEMEIJ75 4-1 3?13.{1161 5" Conc P�m� i� ] 3 13 SY � 1.�`�� $3fi.86 $4?3,531.4[� 4-2 3211.O5a1 5" LimeTreatment 32 I l 29 SY �—'.?37 �2.50 $31,81G,2fl 4-3 3211.0400 Hydrate Lime 32 11 29 TN � K� $180,00 533,12Q.00 4-4 3213.0302 5-foot, 4" C'oncrete SidewalEc 3? 13 20 SF 1,0?� $7.SQ $7,6fi5.00 4-5 3? 13.�5� I Ciarrier Frcc Raenp - Type R-1 32 13 2D �A a $a,aso.oa $8,2UQ.fl0 4-G 3?13,p505 Barrier Free Ramp-'f'ype Ft-1 (ModiFied} 32 13 20 I3A z $2,aso.aa $4,inn,an 4 � 3441.4a03 Furnish & Install Ground Mounl pos[ wl5lop & 34 4I 30 �A 3 $SOD.00 $1,56Q.fl0 �sirecli�e Si ns 4-8 9499.Q003 S�reet Name Ylntes forStreel Intcrscction {D3-I) 3d A1 30 EA 8 $175.U[] $1,460.D0 T�TAL UNIT IV: PAVING IMPR�VEMENTS $591,322.6Q ��irr aF r•ox� woxTx STqNf7ARP C�NSTRUCTION Sk'F.CIFICATION D[1CUMI'NTS - �EVELOPER AWAItI]ED FitUIE['TS Corm Vcrsion April 2, 2UI4 OD 42 43 -$li)UI�lG ITEMS - MOAhRNCSTAR - S�CTlON 5 pHASE 4- 2U 1336EA- Ol-15-21.x1s 00 42 43 DAP - BID PROPOSAL Page 7 of 21 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - SECTION 5- PHAS� 4 UNIT PRICE BID CONTRACT 1/15/2021 IPRC No.: IPRC 20-0173 C.P. No.: 103161 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Descri tion Specification Unit of Bid No. p Section No. Measure Quantity Unit Price Bid Value Sitl Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS 11,322.60 Total Construction Bid CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Porm Version April 2, 2014 00 42 43 - BIDDING ITEMS - MORNINGSTAR - SECTION 5 PHASE 4- 20133GE4- Ot-15-21.x1s 0045 i2 �AP PRGQCIAL[F[CATION STATEMENT Yage 1 a£ k sECT�n�v oa as 1a DAP — PREQUALFF'ICATION STATEMENT Each Bidder is required to �omplete the information below hy identifying the prequalified contractars andlor subcontractors whom they intend to utiliae for the major work type[s) listed. In the "Major Work Tyt?e" box pro�ide the cotnplete majar work ty�e and actual des�ription as pra�ided h,y the Water Departnnent for water and sewer and TP�V far pavin� Major Work Type CantractorlSubcontra�tor Company Name Prequalification Ex iration Date PAVYNG GILCD CDNTRACTING, INC. �?_�}�_��.� Six- Inch Concrete Streets, sidewa�ks and Si ns T�e undersigned hereby certifes that the contractars andlor subcontractors described in the table aba�e are currently prequalified fnr the work types listed. BIDDER: GILCD CUNTRA�'TING, INC. Company d331 Southwest Bi�d. Address Senbruvk, Texas 76132 CitylStatel�ip By: Leia Mc uien � (P eas� Print} � ``�.�: — 5ignature: �-�'`-`- Title: Vice Presidezit, Operations (Please Pruit) Date: _ _ � q. �Z [ END OF SECTI�N ttFY OF FDRT WORTH 5TANdARo CONSTRLICTION PRER�ALIFICA710N STATEMENT— DEVELOPERAWAROEO PRDIEC'f5 00 4512_Prequalifi�ation Statement �015_�AP GILCO {OQ3j.docx Form Version Sepum6er 1, 2015 0o as z� - z CONTftACTOR C�MPL[ANCE W1TH WORKER'S C�MPENSAT[ON LAW Page l oi' I 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 24 3� 31 32 33 34 35 3fi 37 38 39 4D SECTION 00 45 ZG C�NTRACT�R CaMPLIANCE W�TH WORKER'S COMPENSAT'TON LAW Pursuant ta Texas Labor Code Sectian �1Q6.096(a}, as amended, Contractar certi�es that ii pra�ides worker's �ompensatiori insuran�e �o�erage for all of its employees employed an City Project No. lU3ldl. Contractor further certifies that, pursuant to Texas Labor Code, Sectian 406.096(b}, as ainended, it will pro�ide to City its suhcontractor's certificates of compliance with worker's compensati�n co�erage. CUNTRACTQR; GILCO C�NTRACTllVG, TNC. Company 6331 Southwest SI�d. Address Benbrnok, Texas 75I32 CitylStatelZip THE STATE QF TEXAS CDUNTY OF TARRANT By: Leia Mc uien (Please Print) � Signature: Title: Vi�e President �perations [Ple�se Print} 0 � BEFDRE ME, the undersigned authority, on this day p�rsonaily appeared Leia M�Quien , known to ine ta he the person whvse name is subscribed to the foregoing instrum�nt, and a�knowledged to me that helshe exe�uted the same as the a�t and deed af Gilco Contracting, Inc. for the purposes and consideration therein expressed and in the �apacity therein stated. GIVEN LINDER MY HAND �11VD SEt�L aF OFFICE this 9 day af February , 2�2 i � l �s.es_— 0...�.��--� � �} �r�" A�8^ YALITLA NAYELY SALAS ��i r Notary fE7 #129DQfl640 � � My Comrnissian Expfres "'F -_ t�`Y March 1 , 20Z3 .. , � :�-- - _ Not Publ'c n and far the State of Texas END QF SECTIQN C[TY OF FORT WORTH STANDARL3 CONSTltUCTTOIV SP�CfFICATipN DOCUMENTS Re�ised April 2, 2014 M�RN[3VGSTAR — S�CTI�N 5, PHASE 4 C[TY PRD]ECT NO.: 103161 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2("District") and/or the City of Fort Worth ("City") when dictated by an applicable contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be considered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignment. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CONTRACTOR does hereby release the City and District from any and all claims related to any failure of payment for work performed on the project by or through Contractor. The undersigned C�NTRACT4R agz-ees, cavenants and represents that it will include this Sp ' Conditions tQ the Agreement in all af its subcantracts. I - � r �� Qn Behalf �f Marningstar Ranch MUD Nos. 1 arid Z ,� � � .� �n Behalf of De�eloper � On Behalf of Contractar 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on �3. Zo� 2 l is made by and between the Developer, 4 F. G. ALEDO DEVELOPMENT, LLC, authorized to do business in Texas ("Developer"), and 5 GII,CO CONTRACTING, INC., authorized to do business in Texas, acting by and through its 6 duly authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 MORNINGSTAR — SECTION 5, PHASE 4- PAVING IMPROVEMENTS 16 CITY PROJECT NO.: 103161 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within `J� working days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 33 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer fmancial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 35 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 36 of Acceptance. CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds o£ FIVE HiTNDRED ELEVEN THOUSAND TIIREE 40 HUNDRED TWENTY TWO DOLLARS AND SIXTY CENTS, ($511,322.60), 41 Article 5. CONTRACT DOCLTMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 .1 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) £ Power of Attorney for the Bonds g. Warker'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. 61 5. Speciiications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 67 68 69 70 71 72 73 74 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised June 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 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 speci�cally intended to operate and be effective even if it is alleged or proven that all or some of the dama�es being sou�ht were caused, in whole or in part, by any act, omission or negli�ence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 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 speci�callv 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 ne�li�ence of the citv. Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void ar 109 unenfarceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised June 16, 2016 QD 52 43 - 4 Dc�eloper Awaided Pmject Agreemeat Page 4 oF4 llb 117 7.fi Authority ta Sign. 118 ll9 120 121 122 123 124 125 Contractor shall attach e�idence of authority to sign Agreement, if other than duly aut�orized signatory of the Contractor. IN WITNESS WIIEREDF, De�eloper and Contractor ha�e executed this Agreement in multiple counterparts. Ttiis Agreennent is effe�ti�e as of the last date signed by the Parties ["Effecti�e Date"}. Contractor: GILC� C�1�iTRACTIiVG, INC � �_.__ B _ B �� {Signatur - � (Signature} _ Leia McQuien �}��.� L (r � L __ (Printed Naine} (Printed Name} Title: Vice President, a eration Cazrapany Name: GILC� C�NTRACTING, I1V�. Address: 6331 SOUTHWEST SLVD. CitylStatelGip: BENSRDOK, TEXAS 7613� De�eloper: F.G. ALEDU DEVELOPMENT, LLC. �7 Title: � �~'� �i ��JL' i Company name: F.G. ALEDO llEVELDPMENT, LLC. Address: 3D4S LACKLAND R�AD CitylStatelZip: FORT WQRTH, TE�fAS 7G11� �•t8 ZC?� Z ! -- Date Date 12b � �: � CITY OF F�RT WORTH M�RIVFNGSTAR - SECTIOI�I 5, PIiASE 4 STANDARi] CdNST��ICTI�N SPECIF[CAT[�N DaCUMENTS - l7�VEL�PER AWARDED PROJECTS C[TY PROlECT Na.: 103161 Re�ised Junc1b,2016 006125-1 CERTIFICATE OF INSURANCE Page I of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 6125 CERTIFICATE OF INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR - S�CTION 5, PHAS� 4 CITY PROJECT NO: 103161 Bond #022229618 006213-1 PERFORMANCE BOND Page 1 of 3 1 2 3 4 5 6 7 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 13 PERFORMANCE BOND § § KNOW ALL BY THESE PRESENTS: § 8 That we, GILCO CONTRACTING, INC., known as "PrincipaP' herein and 9 Liberty Mutual Insurance Company , a corporate surety(sureties, if more 10 than one) duly authorized to do business in the State of Texas, known as "Surety" ]lerein (whether 11 one or more), are held and firmly bound unto the Developer, FG ALEDO DEVELOPMENT, 12 LLC. , authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas 13 municipal corporation ("City"), in the penal sum of FIVE HUNDRED ELEVEN 14 THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND SIXTY CENTS, 15 ($511,322.60), lawful �noney of the United States, to be paid in Fort Wortli, Tarrant County, 16 Texas for the payment of which sum well and truly to be made jointly unto the Developer and the 17 City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and 18 assigns, jointly and severally, firmly by these presents. 19 20 21 22 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 �� J� and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 24 the o?� day of �. , 20 ��, which Contract is hereby referred to and made a 25 part hereof for all pur•poses as if fully set forth herein, to furnish all materials, equipment labor 26 and other accessories defined by law, in the prosecution of the Wark, including any Change 27 Orders, as provided for in said Contract designated as MORNINGSTAR— SECTION 5, 28 PHASE 4. CITY OF FORT WORTH MORNINGSTAR— SECTION 5, PHASE 4 STANDARD CITY CONDITfONS — DEVELOPER AWARDED PRO.IECTS CITY PROJGCT NO.: 103161 Revised January 31, 2012 005213-2 PERFqRMANCE SQNf] Page 2 nF 3 2 3 4 S b 7 NOW, THCREF�RE, tl�e condition of this obligation is such tliat if tlie said Prin�ipa! sliall faithfully perfoz�m it obligatinns under the Contra�t and shall isi all :�espects duly and faitfifully perform the Work, i�icluding Change Qrders, under tlie Contract, ac�ording ta ttie plans, specifications, and contract documents therein referred to, and as well during any period of extension of the CQ�itra�F that inay be granted on the part af the �e�elaper andlnr City, tl�en tl�is ❑bligation shall be and become null and �aid, otherwise to remain in full force and effect. PRQVIDi+.D FURTHER, that if any legal action be filed ❑n this Sond, venue shall lie in 8 Tarrailt County, Texas or the United Statcs �istrict Court f'or the Nart�iern ❑istrict af Texas, Fort 9 Wortfl Di�ision. �a il 12 l�his bond is made aiid exectited in compliance with the pro�isions of Cli�ipter 2253 of the Texas Go�ernment Code, as ainended, and all iia�ilities �n tt}is bo�id sllall be determined in accordai�ce witli the pro�isions of said staiue. l3 IIV WITI�IESS WHEREOF, the Principal and tl�e Surety ha�e SIGNED and SBALED 14 tliis instrtiment by duly authariced a�ents and officers on this the �r� day of � 15 , 20 � [_. l6 17 18 19 2Q 21 22 23 24 25 2G 27 28 29 3a 3l �2 33 34 35 3G 37 38 39 40 4l 42 43 A"I"['EST: � . �• � (Principal] Secret ��' W' n as to Principai PR[NCIPAL: Gilco Cantracting, lnc. ��' ' BY: Signature � Leia McQuien, Vice President, Operations Name and TiFle Address: G33i Soutliwcst Bl�d. Ben6rook. TX 76132 SURETY; Liberty Mutuai lnsuraTi�e Company BY: FI..� �{�� r� " � Sig iature Saphinie Hunter, Attarney-In-Fact �fame and'1'itle Address: ZZOfl Renaissance Bl�d, St�ite �iUU CITY OF F'01� 1 W�H'I'F I MORIVfhlGSTAH -- SECTI[}N 5, PlIASG 4 STANi7Afii) Cl"fY C[]NDI'I'lONS — DEVELUPER AWI�RDED PR01ECT5 CITY PROJECT NL?.: IU3l6l Kevised lanuary 31,2�12 oo6z �3-� PERF[7R�IANCF. ROND Page 3 af 3 � �, � `�,�, �i•_ ,�,'�� Witness as to Surety Kin� of Prussia, PA 19�U6 Telephone NUmber: Z14-989-OOOfl 8 �`Note; if signed by an ❑fticer of the 5urety Company, there must be ❑n file a certified extract 9 froin the 6y-laws sl�owi�ig tliat this persnn has authority to sign sucli ok�ligatian. [f l0 Suraty's pliysical address is diffez�e�it from its �nailing address, both must be pro�ided. ll l2 The date of the bond shall iiot be priQr to the date the Contract is awarded. l3 CITY i7F FCIfLT WClft'I'H 5 I'AN[7AF{D C'fTY CC]ND1TIOhfS — DEVELOPER A WARDED PRDJECTS Re�ised January 31, 2U12 MC]EiNIT4GSTAR — SECTIQN 5, PHASE 4 CITY PRUJEC'I NU.: I�31G1 Bond #022229G18 00 �z i a - i PAYMENT BpN� Pdge i nf J 1 2 3 4 5 6 THE STATE QF TFXAS couMTv aF TA�,�vT SECTION OU G2 14 PAYMENT BOND § § KNOW ALL BY THCS� PRESFI�ITS: § 7 That we, GILCO C�IVTRACTING, I1tiiC., kiiown as "�'rincipal" herein, and g Libcrty Mutual Insuran�e Company , a�arporate surety ( or sul'eti�s if 9 more than ❑ne), duly authorized to do busiziess in the 5tate nf Texas, known as "Surety" l�erein lo [whetl�er one ar mo��e}, are held and firmly bound unto the IJe�eloper, FG ALF,DO t 1 DEVEL�PMENT, LL�., authoriz.ed to do 6usiness in Texas "(�er�eloper"}, and the City of 12 Fort Worth, a Texas municipal carporation ("City"}, in the penal surn of �'TVE HUNDRED 13 EL�V�1�I THOLTSAIVD THREE HU1vDRE❑ TWENTY TWO DOLLARS ANi7 STXTY 14 CENTS, ($511,322.6U}, lawf'ul money of tlie [Jnited States, ta be paid in Fort Worth, Tarrant 1S County, Texas, for the payment of'wl�ich stim welI and truly be made joiz�tiy unto tl�e De�eloper� l6 and the City as dual obligeas, we bind ❑ursel�es, our heirs, executors, adininistratars, successars l7 a�id assigns, jointly and se�erally, firmly by these presents: � 19 20 WHEREAS, De�eloper and City l�a�e entered int❑ an Agi'eeittent for the �onstruction af coinmtinity [a�ilities in t}�e City of Fort Worti�, by and througli a Community Facilities rlgrecittent, C�A Number a�—�Q8'�D ;and 2l WHEREAS, Principal has entered intn a certain written Cantract wit17 Dc�eloper, 22 awarded tfie �]j� day ot � �, 2D ��, which Cantract is hereby 23 referred to and made a part hereof for aIl purposes as if fiilly set faril� herein, to furnish all 24 materials, equipment, labor and otl�er accessories as defined by law, in tlie prosecution of tfic 2S Work as pro�ided for in said Co�itract and designated as MORNINCSTAR — SECTI�N 5, 26 PHASE 4. 27 28 N�W, 'THEREFORT�, THE C�NDITI�N OF TH[S C}eL,IGATI�N is such that if 29 Principal shall pay all monies awing to any (and all) payment 6ond beneficiary (as defined in 3� Cliapter 2253 ❑f tfie Texas Government Cade, as ame�ided} in tha prosecution of the Work under 31 the Contract, then t�is obligation sl�all bc and Uecome null and �oid; otherwise to remain in full 32 farce and effect. CITY OF FORT WORTH MQFtNINC;STAft — SECT'I[7N 5, l'HAS� 4 STAiJUAIiD Cf'1 Y C:C]NDlTIOi45 m D�VELQPER AWARUED I�ft01�C I"5 CfTY F'ROJECT N�. ID3161 Revised January 31, 2Q12 fl0 G2 14 - 2 PAYMEiVT BOND Page 2 aF 3 i This bond is made aiid executed in cornp�iance witli tlie pro�isions of Chapter 2253 of the Texas GQ�ernment Code, as amended, and all lia6ilities ❑n this bond sha�l bc det�rinined in 2 3 accordance witl� the pro�isions af said stati�te. 4 II�i WITNESS WHEREOF, tlle Principal and Surety ha�e ea�h SIGNE� and S�AL�,D 5 tl�is i�istru�nent by duly autlioriced agents aiid ❑fficers on tt�is tl�e �� day ❑f 6 � , 20�. 7 ATTEST: ATTEST; •.1 L}"� � � i•. ! �. W[ ..•L-v (Surety} Secretary � � -� �� Witness as to 5urety 8 4 14 11 12 PRINCIPAL: Gilco C:o�itracting, Inc. BY: r�, '-Jv �. _..____y - -- Signature Lcia McQuie�i, Vice President, OF�eralions Name and TitIe Address: 5331 Svuthwest Bl�d. Benbraok, TX 76132 SURETY: I�iberfv Mutual lnsurance Ca r SY: `�.:� : � � �.G I Signature Sopliinie Hiinter, Attorney-[n-Fact Name and Title Ad�lress: 2240 Renaissancc Bl�d, Suite �kOQ King of Prussia, PA 194�G Telephone Number: 214-989-0000 Note: ]f signed by an officer of the 5urety, there inust be an file a certified extra�t from the bylaws showing that this person tzas autharity #a sign su�F� obli�ation. If Surety's physical address is different fi•om its mailing add�-ess, botli must be pro�ided. CITY QF FC]K I' WDf�"f'E I ML]RNINGSTr1F{ — SECTIflN 5, PHASE 4 STANUARD C[TY CONl71'I t�N5 — �EVEL�PE€� AWAR�EU PRC1JECf5 C.f E Y f'RC?JL'•C'r NC3.:1031h1 Revised .fanuaiy 31, 2U E2 �, � (Principal) Sec t 006214-3 PAYMENTBOND Page 3 of 3 The date of the bond shall not be p►•ior to the date the Contract is awarded. END OF SECTION C[TY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PROIECT N0.:103161 Revised January 31, 2012 Bond #022229618 006219-1 MAINTENANCE BOND Page ] of 3 I 2 3 4 5 6 7 8 9 l0 I1 12 13 14 IS 16 t7 t8 19 � 21 22 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 19 MAINTENANCE BOND § § KNOW ALL BY THESE PRESENTS: § That we GILCO CONTRACTING, INC., known as "Principal" herein and Liberty Mutual Insurance Company , 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, FG ALEDO DEVELOPMENT, LLC., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal cotporation ("City"), in the sum of FIVE HUNDRED ELEVEN THOUSAND THREE HUNDRED TWENTY TWO DOLLARS AND SIXTY CENTS, ($511,322.60), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well 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 Agreetnent for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number �� ;and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the��ay of � , 20�, which Contract is 25 hereby r•eferred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Ordet• (collectively herein, 28 the "Work") as provided for in said Contract and designated as MORNINGSTAR — SECTION 29 30 31 32 33 34 5, PHASE 4 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 MORNINGSTAR — SECTION 5, PHASE 4 STANDAR.D CITY CONDtTIONS — DEVELOPER AWARDED PROJECTS C[TY PROJECT NO.: 103161 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in pa►rt 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 1•econstructed 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. C[TY OF FORT WORTH MORNINGSTAR — SECTION 5, PHASE 4 STANDARD C[TY CONDITIONS — DEVELOPER AWARDED PROJECTS CITY PRO.IECT NO.: 103161 Revised January 31, 2012 aas2 �9-3 MAINTENANCE �30ND Page 3 of 3 1 iN WITIVESS WHEREOR, the Principal and the Surety have each SIGNED ar�d SEALE� this 2 instrui�iezit by duly authorized agents and officers on tl;is the � day af � 3 , 20�. 4 5 6 7 S 9 10 11 12 l3 l4 l5 l5 l7 l$ l9 20 21 2� 23 24 25 26 27 28 29 3d 3l 32 33 34 35 3G 37 38 39 �}D 41 42 ATTES"1': � (Principal] Secret __2...,�� itne s as to Priiicipal ATTEST; .,'�,,.- l�kt,..,c:,—. {5urety) 5��reta . . � -��, �_' �*;��._R.__.._— - `.-' '- Wit�iess as to 5urety PR[NCIPAL: Gilco Contraciing, lnc. BY: , , �.�- � 5ignature Leia M�Quien, Vice President, Op�r:tlians Name and Title Address: 6331 Sa�ithwest Bl�d. Benbrovk. TX 76132 SUR�TY: Liberty Mutual Inst�rance Can�pany BY: _ 5i�ture --- r, - . --- Sophinie Hunter, Atlorney-ln-Ft�c:t I�ante and Title Address: 2200 Renaissancc E3l�d, Suitc �}4U Kine of Prussia. PA 194�G Telephane Niimber: 2l�}-989-UUUU *Note: [f signed by an officer af the Surety Company, there must be Qn file a certified extract from the by-laws showing that this p�rson has authority to sig« s«ct� ahligation. ]f Su��ety's physical address is different frortt its mailing address, both rnust be pravided. The date of the bond shail nat he prior ta the date the Contract is awarded. CITY C7F F�RT WORTH NiORNINGS'I'AR — SGC'f'ION 5. PE IASE: 4 S'I'ANL7AAD C1TY C'ONDITIQNS — DEVELqPER AWAR[]EU PR�JF..CTS CITY PRO.fECT NQ.: 1�31 G 1 Re�ised Jarivary 31, 2Q 12 i!y � ��+d'� � � �� .. �. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8200743 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporaBon duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Robbi Morales, Don E. Cornell, Sophinie Hunter, Tina McEwan, Tonie Petranek, Ricardo J. Reyna, Joshua Saunders, Kelly A. Westbrook all of the city of Dallas state of TX each individually if there be more than one named, its true and Iawfui attorney-in-fact to make, execute, seal, acknowletlge and deliver, for and on its behalf as surety and as its act and deed, any antl all untlertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized o�cer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 19th day of March , 2019 . Liberty Mutual Insurance Company P� �NS�Rq P�j�( iNS�R ��NSU�,9 The Ohio Casualty Insurance Company � oaro,�r y � oaro,�l 9 VQ' pPP�Rq� 2 West American Insurance Com an > �. o c� h o y . o c+ P Y � 2 Fo m � 3 Fo m W 3 Fo m � � Y�1912yo 0 1919 � � 1991 0 � y?/ ? �, � y � o Q � �� , cn � �d�9SSACHU`'�4aaS' y0 Fh'yAMPs�� D Y �NDIANP' aS1 �� F�'1' � � 8i � d �d s� �a gy, � ` ;,,� c a> ) * t� H1 * �. M * �, '� c David M. Carey, Assistant Secretary � � State of PENNSYLVANIA > � County of MONTGOMERY SS m rn � On this 19th day of March , 2019 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o � Company, The Ohio Casualty Company, and West American Insurance Company, antl that he, as such, being authorized so to do, execute the foregoing instrument for the purposes —� > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. � w �� IN WITNESS WHEREOF, I have hereunto subscribed my name and a�xed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c,-a � �-."�`,.�. : z• �» � � c � � . �� COMMONWEALTH OF PENNSYLVANIA O i f`trt � 'F>��, ,,,,i � _...... _ — - ____..... � � r�,t��v- � Nolana' Seal //-'\ yy q U) � � �: .�,p; � � TereSa Pastella. Notary Pub6c v �� J � /� �y p� � � � UpFer Mer:onTv✓p., Montgomery County By: �' u^'-'i`�' �6'�-�2t% C�p ��• �:,a � : fdy Cominission Expires A9arch 28, 2027 � L'°� ,�� ,�s•=�, � eresa Pastella, Notary Public �� "�T�,;, , ji't;yp�� h5embe!. PennsY'ivar.ia AssociaLon �f No;urias � � h`--��...�.�...-r �� This Power of Attorney is made and executed pursuant to and by authority of the following By-Iaws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o.� Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: L� ART�CLE IV - OFFICERS: Section 12. Power of Attorney. o� Any officer or other officiai of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the a � President may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety �� any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall � have full power to bind the Corporation by their signature and execution of any such instruments and to altach thereto the seal of the Corporation. When so executed, such � � instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney-in-fact under the provisions of this article may be revoked at any 6me by the Boartl, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety ob�igations. Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on beha�f of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issuetl by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power cf Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affxed the seals of said Companies this day of � 1NSUR �,�(Y INSV � \NS��,A jQ'GoaPo�roym �JP`pRPOqqT'Pqy� `P2 pPPORqT 'LC� �=1912� o 0 21919F � � 1991�� o �� r vS ry 3 i 2F r`' � a 3 gy; G�� d.�� *us��aa ��yl AMP`��,aD `IS�MD�N ��,dD Renee C. Llewellyn, Assistant Secretary * �� a� a � Qo M � d' O � C N � oc�u 1 p N O � � � C o � �� a� cu � � o � �� EN � M C � 00 U � o �Q LMS-12873 LMIC OCIC WAIC MWti Co 062018 � �� e = /F � TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call toll-free for information or to make a complaint at 1-877-751-2640 You may also write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may write the Texas Department of Insurance Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection cr tdi.texas. o�v PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should first contact the agent or call 1-800-843-6446. 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. TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llamar al numero de telefono gratis para informacion o para someter una queja al 1-877-751-2640 Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http://www.tdi.texas. o�v E-mail: ConsumerProtection�tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. NP 70 68 09 O 1 LMS-15292 10/15 STREET LIGHTS �QNTRACT F�RMS BEAN ELECTRICAL, INC. 00 4l 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY Page 1 of 3 SECTION 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY TO: FG ALEDO DEVELOPMENT, LLC 3045 LACKLAND BLVD. FORT WORTH, TEXAS 76ll6 FOR MORNINGSTAR — SECTION 5, PHASE 4 WATER, SANITARY SEWER, STORM SEWER, PAVING AND STREET LIGHTS IMPROVEMENTS City Project 103161 No.: Units/Sections: STREET LIGHTS 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 Certifcation 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 certiiicate meeting all requirements in the construction contract. 23. 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 detriment of Developer (b) to establish Bid prices at CITY OF fORT WORTH STANDARD CONSTRUCiION BID FORM — DEVELOPER AWARDED PROJECTS 00 4100 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 00 DAP BID FORM FOR PUBLICLY BID PROJECTS ONLY 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: a. STREET LIGHTS b. c. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 4�J 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 liquidated damages, if applicable, in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. 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 £ 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 far 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. CITY OF FORT WORTH STANDARD CONSTRUCTION BID FORM — DEVELOPER AWARDED PROJECTS 00 41 00 Bid Form — DAP.docx Form Revised April 2, 2014 00 41 {1D 17AP BII7 F{]RM FUR PUBI.ICI.Y 6[O PR01ECT5 DNLY Page 3 o f 3 6.3. E�al�tation of Aiternaie Bid Items �use this if appiicable, atherwise clelete� TataE Base Bid $� �� Alternate Bid $4.4� l�educti�e Alternate �� Additi�e Alternate � �Q �� T�TAL BI❑ �3G.b 1:�._�t� 7. Bid Sui�mittal This Bid is subrnitted c�n Respe�tfully submitt� � -1 I: by the entiry nained below {Signature} R�Y E. BEAN, Il (Printed Name} Title: PRESIDENT �I'itle or Offce� Company: BEAN ELECTI2ICAL, INC. cCampany Name� Address: 821 EAST EN�N �Address � Receipt is ackno��ledged � of the following Addenda: Initia[ Addendum Nn. l Addendum No. 2 Addendum No. 3 Addendum No. 4 �Address if appli�able, otherwise delete� EVERMAN, TEXAS 7& 140 �City, SCate, Zip Cpde� State af incorparation: TEXAS Emaii: c:hcan'rr:l��incltctri�ai.ca�3i Phone: [8l7} 561-744� I �1►1 fI�l�9-� I�1 C�7il tirr aF Foer woarH STANOARD CONSTRIICTI�N BI D F�RM — OEVELOPER AWAR�Eo PROIECTS 00 4E 00 Bid Form — QAP.dacx Farm Ftevised April 2, 2014 ii - - : � � � � �� , � • 06 42 43 UAP - 6fo PROPOSAL Pp�a 5 oF 21 SECTIQN UO 42 A3 De�eloper Awarded Projects - PRpPQSA� FflRM MURfY1vGSTAIt - SEC'I'ION 5- PFfASk; 4 U NIT PRICE BI D CONTRACT II15tZU21 [PRC No.: IPRC 20-0173 C.F. Nu.: 103I61 Bidder's Applicatian Project ftcrn InForma�ian Biddefs Prflposal Bidlist Spe�iGcatian Unil af Bid ftcrn Description Llnit Price 8id Value No. Section No. fv[easure []uantily UNIT V: 57REET LIGHTING IMPRDVENfENTS 9499.p[1{1p [nstall Halnphane - L'olumbia Aluminuin Pnle, 4 $52G.39 $I_,63336 5-I Washin ton - 14.5' Luminaire WF'C:I?-07[ll f0-3QK-AS-BK-LS- ;�� ;�� A � � 5-2 34A13fl0] Furnishllnstall ftdwy Illum Pounda�ion TY 7 34 41 ?n I;A 24 $429.D0 $22?96.pQ 5-3 2G05,3pi5 Fumishlliistall 2 Inch Conduit PVC SCH 8U (T) 2fi 65 33 LF 1868 �10.06 � IF�,680.Q0 5-4 34413401 Furnist�llns�all N 10 Copper f..leetri� Canductor 34 41 10 1..F Ifi68 $3.Q0 $5,004.a0 Note: Tri-County �lectric is pro�iding Ifem 5-1 far the i I. TaTAL 11NIT V: 57REET LlGHTIIVG IMPRQVEMENTS $56,613.36 CI'I�Y OF FOkT WQTCTH STANI),qfif) CUNST[iLfCT[aNSPCCIFICA�fION DOCLfh1ENT5 - F]F•.VI�:LaP�.IL AWAItOED PRqfI:CTS Form Version April 2, 2014 00 42 4l - BmI7fNG fT&MS - MQRNINCSTAR - SECTIQN 5 PHASr 4- 20133GE4- O l-I S-2 k.xls 00 42 43 DAP - BID PROPOSAL Page 7 of 21 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM MORNINGSTAR - S�CTION 5- PHASE 4 UNIT PRICE BID CONTRACT 1/15/2021 IPRC No.: IPRC 20-0173 C.P. No.: 103161 Bidder's Application Project Item Infonnation Bidders Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Value No. Section No. Measure Quantity Bid Summary UNIT 1: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT IIi: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS Total Construction Bid 613.36 13.36 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PR07ECTS �orm Version April 2, 2014 00 42 43 - BIDDING ITEMS - MORNINGSTAR - SECTION 5 PHASE 4- 201336E4- OL15-21.x1s 0o as iz DAP PREQUALIPICATION STAI'EMENT Page 1 of 1 SECTION 00 45 12 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 far the major wark type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date WATER Water Transmission, Develo ment, 8" and smaller SA1vITARY SEWER Sewer Collection System, 8" and smaller STORM DRAINAGE STREET PAVING STREET LIGHTS Bean Electrical, Inc 3/9/23 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. :111 ' Bean Electrical, Inc Company 821 E Enon Address Fort Worth Texas 76140 City/State/Zip I: S ignature: Title: _President (Please Print) Date: 4/ 16/21 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT— DEVELOPER AWARDED PROJECTS 0045 12_Prequalification Statement Form Version April 2, 2014 004526-1 CdN'I RACTOR COMPL[ANCE WITN W�RICER'S Ct]MPENSATIQN LRW Page 1 nf l 2 3 4 S 6 7 S 9 l0 lI 12 13 �4 15 lb 17 18 ]9 2q 21 22 23 24 25 2G 27 28 29 30 31 32 33 34 35 3b 37 38 39 4U SECTIDN d0 45 2G C�NTRACTDR CdMPLIANCE WITH WQRKER'S COMPENSATIQN LAW Pursuant to Texas Labar Code Section 4�6.09d(a}, as amended, Contractor �erti�es tliat it pra�ides worker's campensation insuran�e caverage for all of its emplayees em�layecf on City Project No. 103161. Con#ra�tor Furt�er certifies that, pursuant to Texas Labor Code, Section 40d.09f{b}, as amended, it will pro�ide to City its subcontractor's certi�cates of co�ttpliance with worker's compe�tsation co�erage. CUNTRACTOR: I3EAM ELECTRICAL, iNC. Campany 821 East Envn Address Fart Worth, Texas 7b140 Ci#ylStatelZip TF-IE STATE �F TE�AS C�UNTY �F TARRANT � � = -- By: 1Zo . ea 'tI (Ple se Print} ��-- -- -� Signature: f ' Titie: President (Please Prir�t} gEFrlE�E ME, the u dersigned authority, an this day personally appeared �� ,�. e'�•� ,[cnQwn to me ta be the person whose name is subsorib d to the foregoin instrum�nt, and acknowledged to me that helshe exe�uted the same as the act and deed af ��„ �-,L � for the purposes and consideration therein expressed aa�d in the capacity therein stated. GIVEN UIV�ER MY HAND AND SEAL aF OFFICE this — f C lv' I`C'/+ �` •� , 2Uz i. �� •'`Av�'�, JAMES MIC�AEL HiJGHES � U P, ... �`9! � �z; . �� Nota�y Publie, 5tate af iexas = s':�.�.�� Corrorn. Exp�rps 10-2�i-2Q22 =;'��oF�iw;.. '.,,��,..� Notary I❑ 131 ,' ��7"9 1�►LI�] � 3I/TI i CiTY OF FOIZ'1 WQRTH STANDARD C�NS ['R[ICTIQN SPEC[FICATION DOCUMENTS Ae�iscd April2. 20i4 N `5 � �` day of c in and for the State of Texas MQRNINGSTAR — SECTION 5, PHASE 4 C[TY PRO]ECT Na.: 103161 SPECIAL CONDITIONS TO THE AGREEMENT Notwithstanding any other items, conditions or provisions of the general or special conditions or any other provision of the Contract Documents to the contrary, Morningstar Ranch Municipal Utility District Nos. 1 and 2("District") and/or the City of Fort Worth ("City") when dictated by an applicabie contract shall be deemed and considered as Owner for all purposes under the Contract Documents, except that FG Aledo Development, LLC. ("Developer") shall be considered the "Owner" for purposes of approving requests for and making payments to Contractor of all or any portion of the Contract Price and for paying all or any damages that might ever be due, including any costs associated with any change orders to the Contract. After submission to and approval by District and by Developer of the invoices, certificates and supporting documentation in connection with a request for payment, Contractor agrees to and shall look solely to Developer for payment of such invoices. Developer agrees to pay Contractor's invoices for work performed, subject to the terms of the Contract, in an aggregate amount not to exceed the Contract Price, plus change orders and extras approved by District and by Developer. Failure by Developer to make such payments to Contractor shall constitute a default by Owner and shall entitle Contractor to all rights and remedies arising under the Contract Documents for a default in payment of sums due Contractor pursuant to the Contract Documents; provided, however, District and/or City shall have no obligation for payment of sums due or to become due under the approved invoices or any part of the Contract Price. Neither the District nor the City is holding any security to guarantee payment for work performed on the Project. Developer reserves the right to assign its obligations hereunder to District and/or City subject to written acceptance thereof by District and/or City, respectively. A copy of any such assignment and the acceptance thereof shall be provided to Contractor, and thereafter assignee shall be obligated to make all payments thereafter becoming due to Contractor pursuant to this Contract and the obligations of the assignor contained in the first paragraph of these Special Conditions shall terminate. For purposes of convenient administration of this Contract, District may from time to time make payments due Contractor pursuant to this Contract from funds advanced to District by Developer; provided, however, no such payment by District will obligate District to make further payments due Contractor pursuant to this Contract unless and until District has accepted an assignment of Developer's obligations hereunder and a copy of the assignment and District's acceptance is delivered to Contractor, whereupon District shall become liable for payment to the extent of the assignrnent. If Developer breaches its obligations in any respect under the Contract, before exercising any remedy Contractor shall give written notice to District and City at the address below specifying the breach and the steps necessary to cure the breach and District shall have the right and power, within thirty (30) days after receipt of such notice, to cure or cause the breach to be cured, if it so elects, before Contractor exercises any of its remedies under the Contract. The undersigned CQNTRACT�R does hereby re�ease the City and District from any and all claims related to any failure of payment far work performed on the praject by vr thraugh ContracEor. The undersigned CQNTRACT�R agrees, ca�enants and represents that it will include this Spe ' Cvnditions ta the Agreement in alI af its subcantracts. 1 �-� :� On Behalf of Morningstar Ranch MLTD Nos. 1 and 2 4n Sehalf of Contractar 00 52 43 - 1 Developer Awarded Project Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on � Zo � Z-( is made by and between the Developer, 4 F. G. ALEDO DEVELOPMENT, LLC., authorized to do business in Texas ("Developer"), and 5 BEAN ELECTRICAL, INC., authorized to do business in Texas, acting by and through its duly 6 authorized representative, ("Contractor"). 7 Developer and Contractor, in consideration of the inutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 1 l Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 MORNINGSTAR — SECTION 5, PHASE 4— STREET LIGHTS 16 CITY PROJECT NO.: 103161 17 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 45 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 25 City Conditions of the Construction Contract for Developer Awarded Projects. 26 33 Liquidated damages 27 Contractor recognizes that tiine is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer ONE THOUSAND DOLLARS, ($1,000) for each day that expires after the 36 tiine specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 37 of Acceptance. CITY OF FORT WORTH MORNGSTAR— SECTION 5 PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Docuinents an amount in current funds of: FIFTY SIX THOUSAND SIX HUNDRED 41 THIRTEEN DOLLARS AND THIRTY SIX CENTS, ($56,613.36) 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 45 46 47 48 49 50 Sl 52 53 54 55 56 57 58 59 60 6l A. The Contract Documents which comprise the entire agree�nent between Developer and Contractor concerning the Work consist of the following: This Agreement. 2. Attachments to tl�is Agreeinent: a. Bid Form (As provided by Developer) 1) Proposal Form (DAP Versioil) 2) Prequalification Stateinent 3) State and Federal docu�nents (projectspecific) b. Insurance ACORD Form(s) c. Payment Bond (DAP Version) d. Perfot7nance 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 Coimnitment Form (If required) 3. Standard City General Conditions of tlle Construction Contract for� Developer Awarded Projects. 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Docuinents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 68 69 70 71 72 73 74 75 8. Docume��tation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Conh•act Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH MORNGSTAR — SECTION 5 PHAS� 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMGNTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised .iune 16, 2016 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 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 specificallv intended to operate and be effective even if it is alle�ed or proven that all or some of the dama�es bein� sought were caused, in whole or in part, by anv act, omission or ne�ligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 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 specifcallv intended to operate and be effective even if it is alleged or proven that all or some of the dama�es being sou�ht were caused, in whole or in uart, bv anv act, omission or ne�li�ence of the citv. Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 73 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other parly hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deeined stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH MORNGSTAR — SECTION 5 PHASE 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CITY PROJECT NO.: 103161 Revised June 16, 2016 �U 52 43 - 4 l7eveioper Awarded Yroject Agreemc�it �'age 4 of4 llb 117 7.6 Authority to Sign. ]18 I19 l20 l2l l22 123 124 125 Cantractor shall attach e�idence ❑f authnrity to sign Agreeme�it, if other than duly authorized signatory of tkie Contractor. IN WI`I'NESS WHE�E�F, �e�eloper a�id Contractor ha�e executed this Agreement in multipie counterparts. This Agreemeiit is effe�ti�e as ofthe iast date signed by the Parties ("Cffecti�e Date") Contractor: SEAN ELECTRICAL, INC. �e�elnper: F. G. ALEDU D�VELOPMENT, LLC. _) , � �� B B � (5ignat�t � (Signature) --� _--, t ��= �r � �� r � ,._� {F'rinted Name} n Title: �i�G- a�3 ..S` i :; Company Name: BEAN ELECTRICAL, INC. Address: Z619 CAiIS13TE R�AD CitylStatel�ip: F�RT WDRTH, TEXAS 76140 j� , Zn, � 1 �":�� :� :. {Pri«ted Name} � '1'ifle: ��I�C:� ��.�-' i Company name: F. G. AL�DU DEVELOPMENT, LLC. Address: 3U45 LACKLAND RQA❑ CitylStatelZip: FORT W�RTH, TE�AS 751IG '�~� . zo, z � I]ate �ate 12b C[TY OP POH7' WQRTH ivIflRNG51'AR -- SECT[ON 5 PHASE 4 STANUAAll CONSTRLlCT1�N SY�CIF[CATION DOC[IMF.hlTS — D�VLLOPER AWARDF.D PR03E:C'I'S CITY PRO]FCT hlO.: 103161 Re�ised June lfi, 2fl16 006125-I CERTIFICATE OF INSURANCE Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 6125 CERTIFICATE OF INSURANCE INSERT CERTIFICATE OF INSURANCE DOCUMENTS END OF SECTION CITY OF PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 MORNINGSTAR - SECTION 5, PHASE 4 CITY PROJECT NO: 103161 POLICY NUMBER:T62-Z91-471905-020 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COM PLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILlTY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section li — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operaiions All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an "occurrence" or "occurrence" or offense, to provide additional insured ofFense, status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. B. With respect to the insurance afforded to these additional insureds, the fo�lowing is added to Section III — Limits Of insurance: If coverage provided to the additionai insured is required by a contract or agreement, the most we will pay on beha�f of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsementshall not increasetheapplicable Limits of Insurance shown in the Declarations. SCHEDULE CG 20 37 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 POI.ICY NUMBER:T62-Z91-471905-020 COMMERCIAL GENERAL LIABILITY CG 2010 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- SCHEDULED PERSON OR ORGANIZATI�N This endorsement modifies insurance provided under the following: COMMERCIAI. GENERAL LIABILITY COVERAGE PART A. 5ection ti — Who Is An lnsured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, inwhole or in part, by: location of the covered operations has been 1. Your acts oromissions; or compieted; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additionai insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions appiy: This insurance does not apply to "bodily injury" or "property damage" occurring after: Name df Additional Insured Person(s) Or Organization(s): 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part ofthe same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section ill — Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement, the mostwe wili pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SCHEDULE Location(s) Of Covered Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an "occurrence" or "occurrence" or offense, to provide additional insured offense. status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 10 0413 �O Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number; T62-Z91-471905-020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1, Blanket Additional Insured Where Required By Written Agreement Lessors of Leased Equipment , Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization (tem 2. Blanket Additional Insured - Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Written Agreement Paragraph 2. of Section It - Who Is An Insured is amended to add the following: Additional Insured By Written Agreement The following are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additionai insured for liability arising out of the additional insured's sole negligence. LC 20 58 11 18 O 2018 Liberty Mutual Insurance Page 1 of 4 Includes copyrighted material of insurance Services Office, Inc., with its permission. This insurance does not appiy to: a. Any "occurrence" which takes piace after you cease to be a tenant in that premises or to lease that land; b. Structurai alferations, new construction or demalifion operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or f2eceivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personai and advertising injury" caused, in whoie or in pari, by your act{s) or omission(s) or the act(s) or omission(s) of your "emp(oyees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products-compleied operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whale or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agenfs, or your subcontractors, There is no coverage for the additional insured for liability arising out of the sole negligence of the additionai insured or those acting on behaif of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shali conform ta the agreement, but only if the applicable law would alfow you to indemnify the additional insured for liability arising out the additionai insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professianal architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, fieid orders, change orders or drawings and specifications; ar b. Supervisory, inspection, architecturai or engineering activities. This exciusion appfies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure fo render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you buf only with respect to liability for "bodiiy injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission{s) of those acting on yaur behalf: a. In connection with your premises; or b. ln the perFormance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 58 11 �18 O 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., wifh its permission, a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architeciural or engineering activities. This exclusion applies even if the claims against any insured al(ege negligence or other wrongdoing in the supervision, hiring, empioyment, training or monitaring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved ihe rendering nf or failure ta render any professional services by or for you. 6, Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s} (other than a joint venture of which you are a member) for whom you are obiigated to procure additional insured coverage, but only with respect to liabilify for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission{s) or the act(s} or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or 6. In connection with premises owned by or rented to you. This insurance does not apply to: � a. Any person(s) or organization(s) more speci�cally covered in Paragraphs 1. thraugh 5. above; b. Any construction, renovation, demolition or installation operations performed by or on behaif of you, or those operating on your behaif; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising aut of the rendering of, or failure to render, any professional archiEecfural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion appiies even if the claims against any insured allege negiigence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or thase operating on your behalf, The insurance afforded to any person(s} or organization(s) as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope vf coverage and the minimum limits of insurance required by the written agreemenf, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s} or organizatinn(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodify injury", "property damage" or "persona! and advertising injury' ; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising Injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodity injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 58 11 18 O 201 S Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services ��ce, Inc., with its permission. ltem 2. Blanket Additional Insured — Grantar Of Permits Paragraph 2. of Section 11— Who is An Insured is amended to add the foliowing: Any state, municipality or po�itica! subdivision that has issued you a permit in connection with any operations perfarmed by you or on your behalf, or in connectian with premises you own, rent or controi, and to which this insurance applies, 6ut only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condifion of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with raspect fo their liability as grantor of such permit to you. However, with respect to the state, municipality or politicai subdivision: 1. Coverage wilf be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance wili exceed ihose provided by this Policy. This insurance does not appfy to: 1. "Bodily injury", "property damage" or "personai and advertising injury" arising out of operafions performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" inciuded within the "products-complefed operations hazard", except when required by written agreement initiated prior to loss; or 3. "Badily injury", "property damage" or "personaf and adve�tising injury", unless negligentiy caused, in whole or in part, by you or those acting on your behaff. Item 3. Other insurance Amendment If you are obligated under a written agreement to provide liabi�ity insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured an this Policy, this Policy will apply solely on the basis required by such written agreemenk and Paragraph 4. Other Insurance of Section IV — Commerciat Generat Liability Conditions will not apply. Where the applicabie written agreement does not specify an what basis the liability insurance wil! apply, fhe provisions of Paragraph 4. Other Insurance of Section IV — Commerciat General Liabifity Condifions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same "occurrence", claim or "suit", LC 20 58 11 18 O 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Offrce, Inc., with its permission. Policy Number: TB2-Z91-471905-020 Issued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIA� GENERAL LIABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL I.IABILITY COVERAGE PART Index of modified items: Item 1. Item 2. Item 3. Item 4. Item 5. Item 6. Item 7. Item 8. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Reasonable Force Non-Owned WatercrafE Extension Damage To Premises Rented To You — Expanded Coverage Bodily Injury To Co•Employees Health Care Professionals As Insureds Knowledge Of Occurrence Or Offense Notice Of Occurrence Or Offense Unintentional Failure To Disclose 8odily Injury Redefined Supplementary Payments — Increased Limits Property 1n Your Care, Custody Or Control Mobile Equipment Redefined Newly Formed Or Acquired Entities Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: a. Expected Or Intended Injury "Bodily injury" or "properry damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g. of Section i— Coverage A— Bodily Injury And Property Damage Liabiliry is replaced by thefollowing: (2) A watercraft you do not own that is: (a) Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You — Expanded Coverage A. The final paragraph of 2. Exclusions of Seetion I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: LC 32 199 11 18 �O 2018 Liberty Mutual insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Exclusionsc. through n. do not appiy to darr�age byfire, lightningor explosion or subsequentdamages resulting from such fire, lightning or explosion including water damage to premises whi(e rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described inSection tll — Limits Of Insurance. B. Paragraph 6. of Secfion 111— Limits Of lnsurance is replaced by the foilowing; 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the mast we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage byfire, lightning, explosion or subsequentdamages resultingfrom such fire, lightning or explosion including water damage to premises while rented to you or temporarity occupied by you with permission af the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the deftn+tion of "insured contracY' irSection V— Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization far damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission ckhe owner is not an "insured contract"; D. The paragraph immediatelyfollowing Paragraph (6) of Exclusion j. of Section 1— Coverage A— Bodily tnjury And Property Damage Liability is replaced by the foilowing: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire. lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, inciuding the contents of such premises, rented to you for a period of seven or fewer consecutivedays. A separate limitof insurance appliesto Damage To Premises Rented To You as described in Section IIf — Limits of Insurance Item 4. Bodily Injury Tv Co-Employees A. Paragraph 2. of Section 11— Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership,joint venture or limitedliabilitycompany) or your managers (if you are a limited liabilitycompany)) or "volunteer workers"are insuredswhilein the course of their employmentor whileperforming duties related to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership orjoint venture); (3) To your members (if you are a{imited liabi{ity company); or (4) To a co-"employee" ar "volunEeer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her employmentby you or whileperforming duties related to the conductof your business {including participation in any recreational activities sponsored by you), Paragraph 2.a.(1){a) of Section II — Whv Is An Insured does not apply to "bodily injury" for which insurance is provided bythis paragraph. LC 3� 199 11 18 0 2018 Liberty Mutual Insurance Page 2 of S Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. The insurance provided by this Item 4. for "bodily injury" to a co-"employee" or "volunteer worker" will not apply if the injured co-"emplayee's" or "volunteer worker's" sole remedy for such injury is pravided under a workers' compensation law or anysimilar law. C. Otherinsurance The insurance provided by this Item 4. is excess over any other valid and coflectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraph 2.a.(1)(d} of Section il — Who Is An Insured is replaced hy the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a pubiic or medical emergency or who is a"designated health care provider" is an insured with respect to "bodity injury" and "personai andadvertising injury" that: (i) Arises out of the providing of or failure to provide professional heaith care services; and (ii) Occurs in the course of and withinthe scope of such "employee's"or "volunteer worker's" employment by the Named Insured. B. W ith respect to "empioyees" and "volunteer workers" providing professional health care services, the following exciusions are added to Paragraph 2. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage Liability and Paragraph Z. Exclusions ot Section I— Coverage B— Personal And Advertising Injury Liability: This insurance does not apply to: (7) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of ti�e providing of professional health care services in violation of law; (3) �iabitityarising out of the providing of any professional health care services while in any degree under the influence ofintoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or {5) Punitive or exemplary damages, fines or penalties. C. The following definition is added t�ection V— Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named fnsured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medicai technicians odesignated first aid personnei. D. Otherinsurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance availabie to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowiedgeof an "occurrence" or offense by your agent, servant or "employee" will not in itselfconstituteknow(edge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the"occurrence" or offense, lC 32 199 11 18 �O �018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of insurance Services Office, inc., with its permission. item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a, of Section IV — Commercial General Lfability Conditians, you refers to your "executive officer"or "employee" that you have designated to give us notice. Item 8. Unintentional Failure Ta Disclose Unintentionalfailure of the Named Insured to disciose all hazards existing at the inception of this Policyshall not be a basisfor denial of any coverage afforded by this Policy. However, you must report such an error or omissionto us as soon as practicableafter its discovery. This provision does not affect our right to collect additional premium or exercise our right of canceilation or non-renewal. Item 9. Bodity Injury Redefined The definition of "bodily injury" irfiection V— Defnitions is replaced by the foliowing: "Bodily injury" means: a. Bodilyinjury, sicknessor diseasesustainedby a person, includingdeath resultingfrom any of these at any time; and 6. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mentaf anguish means any type ofinental ar emotional iliness or distress. Item 7d. Supplementary Payments — Increased Limits Paragraphs 1.b. and 1.d. of Section i— Supplementary Payments — Coverages A And B are repfaced by the fo(lowing: 6. Up to $3,000 for the cost of baif bonds required because of accidents or traffic Iaw violations arising out of the use of anyvehicle to which Bodily Injury Liability Coverage appiies. We do not have to furnish these bonds. d. Ail reasonable expenses incurred by the insured at our request to assistin the investigationor defense of the claim vr "suit",including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property in Yaur Care, Custody Or C�ntroi A. Paragraphs (3) and (4) of Exciusion j. of Section 1— Coverage A— Bodify injury And Property Damage Liability are de{eted. B. Additionat Exclusian Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of lnsurance, the most we will pay for insurance provided by ParagraphA. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limitfor this coverage app(ies to all damages as a result of any one "occurrence" regardless of thenumber of persons or organizations who sustain damage because of that "occurrence". The Aggregate Limit is the most we will pay for the sum of al! damages under this ltem 1�1. LC 32 199 19 18 �O 2076 Liberty Mutua! (nsurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Otherinsurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. ttem 12. Mobile Equipment Itedefined The definitionof "mobile eqtiipment" in Section V— Definitions is amended to include seif-propeiled vehicles with permanently attached equipment less than 100E1 pounds gross vehicie weight that are primarily designed for: ('t) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. However, "mobile equipment" does not inc�ude land vehicfes that are subject to a compulsory or financial responsibilitylaw or other motor vehicle insur;ance faw where such vehicfes are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibilitylaw or other motor vehicle insurance (aw are considered "autos". Itern 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section fl — Who Is An Insured is replaced by the following: 3. Any organization you newiy acquire or form, other than a partnership or joint venture, and over whichyou maintainmajorityownershipar majorityinterest, wiilqualifyas a Named Insured if there is no other similar insurance available to that organization However a. Coverage under this provision is afforded onfy until: (1 j The 180th day after you acquire or form the organization; (2j Separate coverage is purchased for the organization; or (3} The end of the policy period whichever is eariier; b. Section (— Coverage A— Bodi(y Injury And Properry Damage Liability does not apply to "bodi(y injury" or "propertydamage" that occurred before you acquired or formed the organization; and c. Section I— Coverage B— Personal And Advertising Injury Liabilify does not apply to "personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization a� a Named Insured under this Item 13. does not apply if a Broad Form Named Ins�redendorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The fotlowing is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial Generai Liability Conditions: W e waive any right of recovery because of payments we make under this Policyfor injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have against any person or arganization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 5 of 5 Includes capyrighted material of Insurance Services O�ce, fnc., with its permission. Policy Number: AS2-Z91-471905-030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodiiy injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 O 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 includes copyrighted material of Insurance Services Office, Inc. with its permission. Policy Number : AS2-Z91-471905-030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. II. ill. IV. v. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII XIX. XX. XXI. XXII. XXIII Newly Acquired or Formed Organizations Employees as Insureds Lessor - Additional Insured and Loss Payee Supplementary Payments - Increased Limits Fellow Employee Coverage Personal Property of Others Additional Transportation Expense and Cost to Recover Stolen Auto Airbag Coverage Tapes, Records and Discs Coverage Physical Damage Deductible - Single Deductible Physical Damage Deductible - Glass Physical Damage Deductible - Vehicle Tracking System Duties in Event of Accident, Claim, Suit or Loss Unintentional Failure to Disclose Hazards Woridwide Liability Coverage - Hired and Nonowned Autos Hired Auto Physical Damage Auto Medical Payments Coverage Increased Limits Drive Other Car Coverage - Broadened Coverage for Designated Individuals Rental Reimbursement Coverage Notice of Cancellation or Nonrenewal Loan/Lease Payoff Coverage Limited Mexico Coverage Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organization; B. Unless you notify us to add coverage ta your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" wiil be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" oniy for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a"leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a"leased auto", we wiil obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of insurance Services Office, Inc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2� and A.2.a.{4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exciusion B.5. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph B.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII. AIRBAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Are your property or that of a family member; and (2) Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Deciarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE — GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accidenY', claim, "suit" or "loss". Such notice must include: (1) How, when and where the "accidenY' or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accidenY', c�aim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee". b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suiY'. (3) Cooperate with us in the investigation or settiement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph 6.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose ali exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonab►y possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suiY'. If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The most we will pay for coverage afforded by this endorsement is the lesser of: The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". Z. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto' ; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto' ; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 07 11 77 O 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph 6.1, of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual or by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V- DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 7 of 10 Inciudes copyrighted material of Insurance Services Office, Inc., with its permission. D. This coverage does not apply: 1. While there are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensions of SECTION I11 — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLfCY CONDITIONS is changed to: 2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non-renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 07 11 17 O 2017 Liberty Mutuai �nsurance Page 8 of 10 Includes copyrighted material of insurance Services Office, inc., with its permission. e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII.LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENTA CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a"loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additionai exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accidenY', to waive rights of recovery against such person or organization. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 9 of 10 Inciudes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVIII. Drive Other Car LIAB MP UM UIM Name of Individual XX. Notice of Cancellation or Nonrenewal Name and Address COMP COLL Number of Days AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 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 liabie for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectiy to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1. ( ) Specific Waiver Name of person or organization Schedule (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 2.0 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: Issued by Liberry Mutual Fire Insurance Company16586 For attachment to Policy No.WC2-Z91-471905-010 ENec6ve Date Premium $ Issued to Bean Electrical, Inc. WC 42 03 04 B �O Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 06/01/2014 All Rights Reserved. POLICY NUMBER:T82-Z91-471905-020 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILlTY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section 11 — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and Z. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additionai insured. Name Of Additional Insured Person(s) Or Organrzation(sj: Location And Description Of Completed Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an "occurrence" or "occurrence" or offense, to provide additional insured offense, status. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. B. With respect to the insurance afforded to these additional insureds, the following is added to Section ill — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. This endorsementshall not increasetheapplicable Limits of Insurance shown in the Declarations. SCHEDULE CG 20 37 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER:TB2-Z91-47i905-020 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the foilowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section I! — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person(s) or equipment furnished in connection with such organization(s) shown in the Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or damage" or "personal and advertising injury" on behalf of the additional insured(s) at the caused, inwhole or in part, by: location of the covered operations has been 1. Your acts or omissions; or completed; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the additional insured is required by a contract or agreemer�t, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations All persons or organizations with whom you have All locations as required by a written contract or entered into a written contract or agreement, prior to an agreement entered into prior to an "occurrence" or "occurrence" or offense, to provide additional insured ofFense. status. 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principai as a part ofthe same project. C. With respect to the insurance afforded to these additional insureds, the following is added to 5ection III — Limits Of insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Availabte under the applicable Limits of insurance shown in the Declarations; whichever is less. This endorsement shali not increase the applicable Limits of insurance shown in the Declarations. SCHEDULE Information required to complete this Schedule, if not shown above, witl be shown in the Declarations. CG 20 10 0413 O Insurance Services Office, Inc., 2012 Page 1 of 1 Policy Number TB2—Z91-471905-020 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY ADDITIONAL INSURED ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following; COMMERCIAL GENERAL LIABILITY COVERAGE PART Index of modified items: Item 1, Blanket Additionat Insured Where Required By Written Agreement Lessors of Leased Equipment , Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engineers or Surveyors Any Person or Organization item 2. Blanket Additionai Insured — Grantor Of Permits Item 3. Other Insurance Amendment Item 1. Blanket Additional Insured Where Required By Wriiten Agreement Paragraph 2. of Section It — Who Is An insured is amended to add the following: Additionai Insured By Written Agreement The tollowing are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additionai insureds under your policy: 1. Lessors of Leased Equipment: The person(s) or organization(s) from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and adverfising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor(s) of premises leased to you in which the written lease agreement obligates you to procure additional insured coverage. The coverage afforded to the additional insured is limited to liability in connection with the ownership, maintenance or use of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or your subcontractors. There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out of the additional insured's sole negligence. LC 20 58 11 18 O 2018 Liberty Mutual Insurance Page 1 of 4 Inctudes copyrighted material of Insurance 5ervices Office, Inc., with its permission. This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or pn behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any persan(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liabifity for "bodily injury", "property damage" or "personai and advertising injury" caused, in whole or in part, by your act(s) or omissio�(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in fhe performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products-compleied operetions hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then oniy for the period of time required by fhe written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors. There is no coverage for the additional insured for fiability arising out af the sole negiigence of the additional insured or fhose acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additionai insured coverage for the additional insured's sole negligence, then the coverage for the additionai insured shall conform ta the agreement, but only if the applicable law wouid allow you to indemnify the additional insured for liability arising out fhe additional insured's sale negligence. This insurance does not appiy to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveyfng seivices, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, fieid orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exciusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services. 5, Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect io liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(sj or omission(s) of those acting on your behalf: a. I� connection with your premises; or b. !n the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, lncluding: l.0 20 58 11 18 O 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services O�ce, Inc., with its permission. a. The preparing, appraving, or failing to prepare or approve, maps, shop drawings, opinions, reparts, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural ar engineering activities. This exciusion applies evan if the cfaims against any insured alfege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of athers by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the ren�ering of or failure to render any professionaf services by or for you. 6, Any Persan or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect ta liabilify for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongning operations; or b. In connection with premises owned by or renfed to you. This insurance does not apply to: � a. Any person(s) ar organization(s} mor� specifically covered in Paragraphs 1. through 5. above; b. Any construction, renovation, demolifion or installation operafions pertormed by or on behaif of you, ar those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect io fiability arising aut af the rendering of, or failure to render, any professional architecfural, engineering or surveying services, including: (1 j The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion appi'res even ifi the claims against any insured allege neg(igence or other wrongdoing in the supervision, hiring, empfoyment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1. Applies fo the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by fhe written agreemenf, but in no event exceeds either the scope of coverage or the limifs of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such persan(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury"; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "persona! and adveriising fnjury" is committed, subsequent to the execution of fhe written agreement; and 5. Applies only if the writken agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is commitied. LC 20 58 11 18 O 2018 Liberty Mutual Insurance Page 3 of 4 Inc(udes copyrighted materiai of insurance 5ervices Office, Inc., with its permission. item 2. Blanket Additional Insured — Grantor Of Permits Paragraph 2. af Section 11— Who Is An fnsured is amended to add the follawing: Any state, municipality or politica! subdivision that has issued you a permit in connection with any operations performed by you or on yaur behalf, or in connection with premises you own, rent or controi, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or poii#ical subdivision as a candition of receiving and maintaining fhe permit. Such state, municipality ar political subdivision that has issued you a permit is an insured Qnly with respect to their liabi{ity as grantor of such permit to you, However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope oi coverage nor the limits of insurance wi{I exceed those provided by this Policy. This insurance does not apply to; 1. "Bodily injury", "property damage" or "personai and advertising injury" arising out of operations performed for the state, municipa(ify or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products-compieted operations hazard", except when required by written agreement initiated prior to loss; or 3. "Bodily injury", "property damage" or "personal and advertising injury", unless negfigently caused, in whole or in part, by you or those acting on your beha(f. {tem 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commerciat Genera! Liability Conditions will not appiy. Where the applicable written agreement does not specify on what basis the liability insurance wi(I apply, the provisions of Paragraph 4. Other Insurance of Section iV — Commercial General Liability Conditions wiil apply. However, this insurance is excess over any other insurance available to the additionai insured for which ii is also covered as an additional insured far the same "occurrence", claim or "suiY'. LC 20 58 11 18 O 2018 Liberty Mutual Insurance Page 4 of 4 lncludes copyrighted maierial of insurance 5ervices Office, Inc., with its permission. Policy Number: T62-Z91-471905-020 lssued by Liberty Mutual Fire Insurance Co. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LEABILITY ENHANCEMENT FOR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL �IABILITY COVERAGE PART Index of modified items: Item 1. Item 2. item 3. Item 4. Item 5. Item 6. Item 7. Item 8. Item 9. Item 10. Item 11. Item 12. Item 13. Item 14. Reasonable Force Non-Owned Watercraft Extension Damage To Premises Rented To You — Expanded Coverage Bodily Injury To Co-Employees Health Care Professionals As Insureds Knowledge Of Occurrence Or Offense Notice Of Occurrence Or Offense Unintentional Failure To Disclose Bodily Injury Redefined Supplementary Payments — Increased Limits Property in Your Care, Custody Or Control Mobile Equipment Redefined Newly Formed Or Acquired Entities Waiver Of Right Of Recovery By Written Contract Or Agreement Item 1. Reasonable Force Exclusion a. of Section f— Coverage A— Bodily Injuty And Property Damage Liability is replaced by the foilowing: a. Expected Or Intended Injury "Bodily injury" or "properry damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g, of Section I— Coverage A— Bodily Injury And Property Damage Liabiliry is replaced by thefollowing: (2) A watercraft you do not own that is: (aj Less than 55 feet long; and (b) Not being used to carry persons or property for a charge; Item 3. Damage To Premises Rented To You — Expanded Coverage A. The final paragraph of 2. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: LC 32 199 11 18 OO 2018 Liberty Mutual insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Exclusionsc. through n. do not apply to damage by fire, lightningor explosion or subsequentdamages resufting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies ta this coverage as described inSection II! — Limits Of Insurance. B. Paragraph 6. of Section III — Limits Of lnsurance is replaced by the following: 6. Subject to Paragraph 5, above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning,explosion or subsequentdamages resuitingfrom such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by yau with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000; or b. The Damage io Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" irSection V— Definitions is replaced by the foliowing: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, tightning, explosivn or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission dfie owner is not an "insured contract"; D. The paragraph immediatelyfollowing Paragraph (6) of Exclusion j. of Section 1— Coverage A— Bodily tnjury And Property Damage l.iability is reptated by the foliowing: Paragraphs (1j, (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resufting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutivedays. A separate limitaf insurance appiiesto Damage To Premises Rented To You as described in Section 111— Limits of insurance. Item 4. Bodily Injury To Co-Employees A. Paragraph 2. of Section 1� — Who Is An Insured is amended to include: Each of the follawing is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership,joint venture or limitedliabilirycompany) or your managers (if you are a limitediia6ilitycompany)) or "volunteer workers"are insuredswhilein the course of their employmentor whileperforming dutiesrelated to the conduct of your business with respect to "bodily injury": (1) To you; (2j To your partners or members (if you are a partnership orjoint venture); (3) To your members (if you are a limited liability company); or (4j To a co-"employee" or "volunteer worker" while that co-"employee" or "volunteer worker" is either in the course of his or her empioymentby you or whileperforming duties related to the conductof your business (including participation in any recreational aciivities sponsored by you). Paragraph 2.a.(1)(a} of Section II — Who Is An tnsured does not apply to "bodily injury" for which insurance is provided bythis paragraph. LC 32 199 11 18 m 2018 Liberty Mutual Insurance Page 2 of 5 includes copyrighted material of Insurance Services Oifice, {nc., with its permission. B. The ins�rance provided by this Item 4. for "bodily injury" to a co"employee" or "valunteer worker" wiil not apply if the injured co-"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or anysimilar law. C. Oiherinsurance The insurance prvvided by this item 4. is excess over any other valid and collectibfe insurance available to the insured, whether primary, excess, contingent or on any other basis. ttem 5. Health Care Professionals As Insureds A. Paragraph 2.a.(9)(d) of Section II — Who Is An Insured is repiaced by the foliowing: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "emp�oyee" or "volunteer worker" of the Named insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a"designated health care provider" is an insured with respect fo "bodily injury" and "personal andadvertising injury" that: (i) Arises out of the providing of or failure to provide professional health care senrices; and (ii) Occurs in the course of and withinthe scope of such "emplayee's" or "vo(unteer worker's" employment by the Named Insured. B. W ith respect to "empioyees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I— Coverage A— Bodily Injury And Property Damage Liabiiity and Paragraph Z. Exciusions af Section f— Coverage B— Personal And Advertising injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in viofation of law; (3) Liabilityarising out of the providing of any professional health care services while in any degree under the influence ofintoxicants or narcotics; (4} Liabiliry arising out of any dishonest, fraudulent, malicious or knowingly wrongful act orfailure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added t�ection V— Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians odesignated first aid personnel. D. Other Insurance The insurance provided by this ftem 5. is excess over any other valid and colfectible insurance available to the insured, whether primary, excess, contingent or on any other basis, Item 6. Knowledge Of (Jccurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowiedge by you unless your "executive offtcer" or "employee" designated by you to notify us of an "occurrence" or ofFense has knowledge of the"occurrence" or offense. LC 32 199 11 18 �O 2018 �iberty Mutual insurance Rage 3 of 5 Includes copyrighted material of Insurance Seruces Office, Inc., with its permission. Item 7. Notice Of Occurrence Or OfFense For purposes of Paragraph 2.a. of Section tV — Commerciai General Liability Conditions, you refers to your "executive officer"or "employee" that you have designated to give us notice. Item 8. Unintentionai FaiEure To Disctose Unintentionalfailure of the Named Insured to discloseall hazards existing at the inception of this Policy shali not be a basis for denial of any coverage afforded by this Policy. However, you must report such an error or omissionto us as soon as practicableafter its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewai. Item 9. Bodify Injury Redefined The definition of "bodily injury" irfiection V— Definitions is replaced by the following: "Bodily injury" means: a. Bodily injury, sicknessor disease sustainedby a person, includingdeath resultingfrom any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a, above. Mentai anguish means any type ofinental or emotional illness or distress. ttem 10. Supplementary Payments — Increased Limits Paragraphs 1.b. and y.d. of 5ection !— Su�plementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of anyvehicle to which Bodily Injury Liabifity Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assistin the investigationor defense of the claim or "suit",including actual loss of earnings up to $500 a day because of time off from work. Item '11. Property In Your Care, Custody Or Confrol A. Paragraphs (3) and (4) of Exclusion j. of Section I— Coverage A— Bodily Injury And Property Damage Liability are deleted. B. Additiona[ Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section II! — Limits Of Insurance, the most we will pay for insurance provided by ParagraphA. abave is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limitfor this coverage applies to all damages as a result of any one "occurrence" regardless of thenumber of persons or organizations who sustain damage because of that "occurrence", The Aggregate Limit is the most we will pay for the sum of all damages under this ltem 11. LC 32 199 11 18 O 2016 Liberty Mutuaf Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office. Inc., with its permission. D. Otherinsurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and coliectible insurance, whether primary, excess, contingent, or on any other basis, uniess such other insurance was specifically purchased by the insured to apply in excess of this Policy. item '12. Mobile Equipment Redefined The definitionof "mobile eqtiipment" in Section V— Definitions is amended to include self-propelled vehicles with permanently attached equiprnent less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3} Street cleaning. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibility(aw ar other motor vehicle insur.ance law where such vehicles are licensed or principatly garaged. Land vehicles subject to a compulsory or financial responsibilitylaw or other motor vehicle insurance law are considered "autos". Itern 13. Newly Formed Or Acquired Entities A. Paragraph 3, of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newlyacquire or form, other than a partnership or joint venture, and over whichyou maintainmajorityownershipor majorityinterest,willqualifyas a Named Insured if there is no other similar insurance available to that organization Nowever; a, Coverage under this provision is afforded only until: (1 j The 180th day after you acquire or farm the organization; (2j Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I— Coverage A— Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "propertydamage" that occurred before you acquired or formed the organization; and c. Section I— Coverage B— Personai And Advertising Injury Liability does not apply to "personal and advertising injury"arising out of an offense committed before yau acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not appiy if a Broad Form Named Insuredendorsement attached to this Policy applies to that organization. ltem 14. Waiver Of Right Of Recavery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial Ge�eral Liabitity Conditions: We waive any right of recovery because of payments we make under this Policyfor injury or damage arising out of your ongoing operations or "your work" included in the "products-completed operations hazard" that we may have againstany person or organization with whom you have agreed in a written contract or agreament to waive your rights of recovery but only if the "bodily injury" or "properry damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 32 199 11 18 O 2018 Liberty Mutual insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number: AS2-Z91-471905-030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy wili be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 23 08 11 O 2010, Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of insurance Services Office, Inc. with its permission. Policy Number : AS2-Z91-471905-030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. II. III. IV. V. VI. VII. Vill. IX. X. XI. XII. XIII. XIV. XV. XVI. XVII. XVIII XIX. XX. XXI . XXII. XXIII Newly Acquired or Formed Organizations Employees as Insureds Lessor - Additional Insured and Loss Payee Supplementary Payments - Increased Limits Fellow Employee Coverage Personal Property of Others Additional Transportation Expense and Cost to Recover Stolen Auto Airbag Coverage Tapes, Records and Discs Coverage Physical Damage Deductible - Single Deductible Physical Damage Deductible - Giass Physical Damage Deductible - Vehicle Tracking System Duties in Event of Accident, Ciaim, Suit or Loss Unintentional Failure to Disclose Hazards Woridwide Liability Coverage - Hired and Nonowned Autos Hired Auto Physical Damage Auto Medical Payments Coverage Increased Limits Drive Other Car Coverage - Broadened Coverage for Designated Individuals Rental Reimbursement Coverage Notice of Cancellation or Nonrenewal Loan/Lease Payoff Coverage Limited Mexico Coverage Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A. There is no similar insurance available to that organi2ation; B. Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 07 11 17 OO 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A. Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the lessor or any "employee" or agent of the lessor, operating a"leased auto" with the permission of any of the above. C. Loss Payee Clause 1. We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3. If we make any payment to the lessor of a"leased auto", we will obtain his or her rights against any other party. D. Cancellation 1. If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2. If you cancel the policy, we will mail notice to the lessor. 3. Cancellation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 07 11 77 OO 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(4) of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accidenY' we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion B.5. of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage only, Paragraph 6.5. of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: if your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII. AIRBAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not appiy to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a. of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Are your property or that of a family member; and (2) Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D, in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE — GLASS Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a. In the event of "accidenY', claim, "suiY' or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (1) How, when and where the "accidenY' or "loss" occurred; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", ciaim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suiY' or "loss" from your agent, servant or "employee". b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2) Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigafion or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a. If claim is made or "suit" is brought against an "insured" outside of the United States ofAmerica, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suiY'. If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not unreasonably withhold consent. b. We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A. We wifl pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1. The most we will pay for coverage afforded by this endorsement is the lesser of: a. The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b. The actual cash value of such covered "auto" at the time of the "loss". 2. An adjustment for depreciation and physical condition wiil be made in determining actual cash value in the event of a total "loss". 3. If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B. For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. if no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C. Paragraph A.4.b. of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsibfe to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3j Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A. This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 07 11 17 O 2017 Liberty Mutuai Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. Any "auto" owned by that individual or by any member of his or her household; or b. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "fami►y members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1. Any "auto" owned by that individual or by any member of his or her household; or 2. Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SECTION V- DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A. For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C. Our payment is limited to the lesser of the following amounts: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. This coverage does not apply: 1. While there are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement attached to this policy. E. If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not aiready provided for under Paragraph A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of the COMMON POLfCY CONDITIONS is changed to: 2. We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this policy; or b. For reasons other than non-payment, the greater of: (1) 60 days; (2) The number of days shown in the Cancellation and Non-renewal Schedule; or (3) The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B. All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1. The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2. Any: a. Overdue lease/loan payments at the time of the "loss"; b. Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e. Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII.LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY - NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENTA CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1. Paragraph 8.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States border; and b. While on a trip into Mexico for 10 days or less. 2. For coverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a"loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1. If the covered "auto" is not principally garaged and principally used in the United States. 2. To any "insured" who is not a resident of the United States. XXII1. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVII1. Drive Other Car LIAB MP Name of Individual UM UIM COMP COLL XX. Notice of Cancellation or Nonrenewal Name and Address Number of Days AC 84 07 11 17 02097 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A, of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directiy or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1, ( ) Specific Waiver Name of person or organization Schedule (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: Al) Texas operations 3. Premium: The premium charge for this endorsement shall be 2.0 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: Issued by Liberty Mutual Fire Insurance Company16586 For attachment to Policy No.WC2-Z91-471905-010 Effec6ve Date Premium $ Issued to Bean Electrical, Inc. WC 42 03 04 B �O Copyright 2014 National Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 06/01/2014 Afl Rights Reserved. DQ &2 lA - 1 PAY1vfEN'C SCINT] Page 1 of 3 � z 3 4 5 G 7 S 9 Itl 11 12 THE STATE QR TEXAS CDUNTY QF TARRANT s�cTzo�v �o �a ia PA�n��-r �orro�a�oi�$ � § KNQ�V ALL BY THESE PRESENTS: § That we, BEAIV EL�CTRICAL, i1�CC. , known as "Principal" herein and 5[TRETEC I�ISURANCE a carporate surety ( or sureties if more than one}, duly Autharized to do husiness in the State of Texas, knnwn as "Surcty" herein (whet�er ane ar more}, are held and firmly bound unto the De�elaper, FG AL�DD DEVELflPMENT, LLC, auiharized to da business in Texas "(De�eloper"}, and the City af Fart Worth, a Texas municipal corparaiion ("City"}, in the penal sum of �'IFTY SIX THOU5AND SIX HUNDRED THIRTEEN DOLT�ARS AND TFIIRTY SIX C�NTS, 13 {�56,G13.3G} , Iawful maney of the United States, to be paid in Fort 14 Worth, Tarrant Caunty, Texas, for t�e payinent of whi�h sum well and tiuly be madc jointly unto 1S the ❑e�elaper and the City as dual obligees, we bind tiurselves, our heirs, executars, 1G Administratars, successors and assagns, joinily and se�erally, firmly by these presents: 17 WHEREAS, �e�eloper and City ha�e entercd into an Agreeix�cnt for the canstruction oF 18 community faci�ities in the City of Fart Worfh, i�y and through a C�mmunity F�cilities 19 Agreement, CFA Number p`� ��C3'�.� ;and 2� WHEREAS, Principal has entered inio a certain written Cantract with Developer, 21 awarded ihe o�� day of � eUR�. , 2� Z� , which Contract is hereby 22 referred to and made a part hereaf far aI� purposes as if fully set forth herein, to furnish ail 23 materials, eq�ipment, lAbar and other accessories as defined �y law, in the prose�ution of the 24 Wark a.s provided for in said Contraci and designated as MORNINGSTAR — SECTIUN 5, 25 PHASE �. 2G 27 N�W, TFIEREF'QRE, THE CQN}]ITI�N DF THIS aBLIGATIQN is suc13 t�iai if 28 Priza�ipat shall pay all mQnies awing ta any (and aI�) payruent �ond bene�ciary (as defined in 29 Chapter 2253 of the Texas Go�ernment Cade, as ainended} in tlie prosecution o£ the Work under 30 the Contract, then this obligation shail be and become null And void; atherwise ta remain in full 31 force and effec�. CITY UI� 1=pRT Vs��RTH MCtRNfiVC51'ATL — SEG7IpN 5, Pi-1ASE 4 STANDARI] CI"CY C'UNDZT[ONS —DEVEi.OPER AW.Al2I]Ei] PAfl]ECiS CiiY I�RC3)ECT IVO.: 1�31G1 Rer-ised ]avuary3l, 2Q12 aa6aia-z PAI'NIENT SOND Pagc 2 af 3 1 2 3 This bond is made and exe�utcd in compliance with the pro�isions of Chapier 2253 of the Texas Go�ernment Code, as amended, and a11 Iiabiiities on this bond shall be determined in accQrdance with the pravisians of said statuie, 4 IN WTTNESS WH�REdF, the Frincipal and Surety ha�e each SIGNED and SEALED S this instrume�it by duly aut�iorized agents and of�cers on this the �11� day ❑f G �• .20 � . 7 ATTEST: i � ' �.'L,i , .� (Principal} S etary I Vlfilne�s u iv Pxincipal ATTEST: — � �� (Surety) Secretary � 8 9 Io �1 Witness as to Surety Muni Ra}�ah, Bond Account Manager SURETY: SureTec Insurance Conz�any 133[1 Fost Oak Blvd. Ste 1 I00 n T 7 G � BY: � ignatuxe - Iere�n Basziett Attornc -in-Fa Name und Title Address; 2255 Rz'd�e_Road Suite 333 .._ Telephane Number: 972-772-'7,77.[��. Note: IF sigtied by an officer of ihe Surety, there m«st be on file A �crtiCed extract from the Uylaws shawing tnat this person has authority ta sign such abligation, Tf Surely's physical address is different from its mailing address, both n�ust be pra�ided, C;ITY bF F�RT WDRTI [ MQ3tNINGSTAIt — SEC'I'I�N 5, PHASE A STANC3AILD CITY C'UNU3'i'[ONS — BEVELOPEH AWARDEI7 PR07EC�fS CI'['Y PRUJECI' Nd.; 1 Q31 G 1 Re�ised January 31, ?[112 Ro� R. ��Arr, PR�SIIJENT Naine and Title Address; 821 �AST ENQN FQRT W�RTH, TEXAS, 76140 l 2 Tfie datE of the'bond shall not be prior to the date the Contt-act is awarded. 3 END OF SECTION 4 CITY UF FORT WnRTH STt�NDt�FtU GITY CONDITIONS — DEVELOPER AWARDED PROJECTS Re�^iaed January � 1, 2012 00621�-3 PAYMENT BflND Page 3 of 3 MORNINGSTAR.— SECTION 5, PHASE 4 CITY PRUJECT NO.: 103161 � 2 3 4 THE STATE OF TEXAS 5 6 CQUNTY O�' TARRANT 7 s��c�z�oN o0 6z is PERFORIVIANCE BQND #4440168 00G213-I PERFC�RMANCE BOND PAge l of 3 KNOW ALL BY THESE PRESENTS: 8 That we, BEAl�t ELECRICAL, INC, , known as "Principal" herein and SURETEC 9 INSURANCE, a corporate surety(sureties, if mare than one) duly authorized ta do business in 10 the State of Texas, lmown as "St�rety' herein (wl�etlier one or more), are held and firmly bound 11 unto the Deveioper, FG ALEDO DEVELOPMENT, LLC, authorized ta do business in Texas i2 ("Developer") and the City of Fort Worth, a Texas municipai corporation ("City"), in tl�e penal 13 surn of; Fi�"I'Y STX THOUSAND SIX HIJNDRED THIRTEEN DOLLARS AND THIRTY SIX CENTS, 14 ($.5b,613.36) , lawful fiioney of the United States, to be paid in 15 Fort Warth, Tarrant Coi�nty, Texas for the payment of wi�ich sum well and truly to be made 16 jointly t�nta the Developer and the City as dual obiigees, �ue bind ourselves, our heirs, executors, 17 administrators, successors and assigns, jointly and severally, firmly by these presents. 1.8 WHEREAS, Developer and City have entered into an Agreement for the canstruction af 19 caiiunuinity facilities in the City of Fort Worth by and thraugh a Coiiununity Facilities 20 Agreement, CFA Number o� �"'�d Z6 and 21 WHEREAS; the Princi�al lias enterect into a certain written contract with tlie Developer awarded 22 th,e ��day of r� 20 Z�, wilich Contract is hereby referred to and inade a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipuient labar 24 and other aceessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract ciesignated as MORNINGSTAR — SECTION 5, 26 PHASE 4. 27 NQW, THEREFORE, the canditian of this obiigation is such that if the said Principal 28 shall faithfully perforii� it obligations under the Contract and shall in all respects duly and 29 faitl�fully perform the Work, including Cliange Qrders, itinder the Cantract, according to the plans, 3� specifications; and contract doeuments therein referred. to, and as well diuing any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force aud effect. CITY OF FORT WORTH STANDARU CITY C`qI�iDITIONS -DEVELQPER AV,'ARDED PRdJECTS Revised January 31, ?012 MqRNINGSTAR — SECTIUN 5, PHASE 4 CITY PROJECT NO. 103161 605213-2 PFftFOR�IANC� BOND Page 2 af 3 1 PRQV[DED FURTHER, that if any legal actian be �ted on this Bond, venue shall iie in 2 Tarrant Counry, Texas ar the United States District Court for the Northcrn 1]istrict af Texas, Fort 3 W�rth Di�ision. 4 5 G �This band is made and executed in campliance with the pra�isions of Chapter 2�53 of tlze Texas Go�enurtent Cade, as �mended, and ailliahilities on this bond shall be dclermined in a��ardance with the pra�isians of said statue. 7 IN WITN�SS WHEREQF, ihe Principal and the Surcty have SIGNED and SEAI.ED 8 Ehis instrument by duly authoriaed agents and afficers an this the � day Qf 9 , 20� 1Q li 12 13 14 15 I6 S I 18 19 20 21 22 23 24 2S Z6 27 28 29 30 31 32 33 �i4 35 3G 37 38 39 40 4] R2 43 44 45 4G 47 AT ESTL� ' �� / � � {Prin�ipal} Secretary '�. Witnes5�tn 1'rincipal -, "� � J . �—� Witness as to Surety Muni RAbala, Bond Accv�mt Manager Address: —�uii�333 ••— __ T3�ckwall, T)C 75{}$7 Telepiinue Niiinl�er: � *Note: If signed by an officer of the Surety Campany, there must be on �1e a certified extract Prozi� the by-Iaws showing thAt this person has autharity to sign such a6li�ation. I£ Surery's phys.icai �iddress is di�ferent from its rnailing address, l�oth must �e pro�ided. P12LNCIPAL: 13BAN ELF TL,AL, INC. ` � �3Y: i ,�gnature V • ! f L `- ?r �I-� Nainc flnci Title Adc�ress: 821 EAST ENUN F�F2T WQRTH, T�XAS 7674� SUI2ETY: SureTea li�surance Campauy 330 Post Oak i� . t� ��aa Ho is 7D5G BY: - . --, �-- Siguatut'e 3eremv Bain�tt At[nine -in-Faci Name and '1'itle CITY Ui' FQitT WORT[-I Mp1ZNii�IGtiTAIt — SECTTON 5, PHASE 4 STANpARI} CIT'Y CONDITI4N5 -- DEVFLC3FER AWAHllEi] PRa7ECT5 CITY PItC}dECT i�fl. 1D31fi1 Re�ised Jam�ary 31, 2[112 006213-3 PERFORMANCE BC�ND Page 3 �f 3 1 2 'The date of the bond shall not be prior to the date the Contract is awarded. 3 C;ITY OF FORT WORTH MORNINGSTAR — SECTION �, PHASE 4 STANDARI� CITY CONDITIUNS — DEVELQPER AV,'t�iZDED PROJECTS CITY PROJECT NO. 103161 Revised January 31,2Q12 OQ6214-1 MAIN1'L'IVANCE HQND Pnge 1 of 3 � 7 3 4 5 6 7 S 9 1 [7 1! 12 I3 14 15 THE STATE OF' TEXAS C�[INTY QF TARRAI�IT s�cTioN oo �� i� MA1NT�'NANCE BQND #444fl 168 � § KNQW ALL EY THESE PRESEIVTS: § That we BEAN ELECTRICAL, INC., �Cnown as "Principal" herein aud SURETEC INSCIRANCE, a corporate surety (suxeties, if more than ane} d�aly aut[�arized to da husiness in t�ae State oi Texas, known ns "Surety" herein (whether one or more}, are held and firmly bound unto the Ocveloper, �'C ALEDQ DEVEL�PMENT, LLC, authQrized ta do business in Texas ("Developer") and tl�e City of F�rt Worth, a Texas municipai �arporation {"City"}, in the sum of FIFTY SIX THDUSAIVD SIX HUI�{DRED THIRTEEN DQLI�ARS AND THIRTY SIX CENTS, {�5G,�13.3G) , lawful money of [he United States, to be paid in Fort Warth, 1C TarrAnt Caunty, Texas, iar payment af which sum well and truly be made jaintly unto th� 17 De�elvper and the City as dual obiigees and their su�cessprs, we bind ourselves, aur heirs, i8 executnrs, administratars, successars and assigns, jointly and severally, �rmly by these presents. 19 Zo WHEREAS, ❑e�eloper a�d City have entered intv �tn Agreement for tl�e construction of 2i comt�unity Tacilities in tl�e City of Fort Worth by and thr�ugh a Cominunity Facilities 22 Agreement, CFA Nu�nber �L�(�'�(o ;and 23 WHEREAS, the 1'rincipal h�s entered intv a certain written contract with the Developer 24 awarded the�� dAy af Ll , 2��, whi�h Canlract is 2S herehy referred. to and a made part hereo£ for all purposes as if ful[y sef £arth herein, to furnish all 2G materials, et�uipment labor and other accessories as defined by �aw, in the prosecution flf the 27 Work, inciuding any Wark resulting froirt a duly a�.ithari�ed Ch�nge Drder {callecti�ely herein, 28 the "Work"} as pro�ided far in said Contract and d�signated as MQRNINGSTAR — SECTIDIV 29 30 31 32 33 34 S, PHASE q and WREREAS, Frincipal binds itseif to use suclt rnateriAls and ta so canslruci tl�e Wark in accardance with the plans, specifications azid Contract Doc3iments that tl�e Work is and will remain free from defects in materials or warkrnanship far and during the period of two (2} yexrs a�ter the date of Final Acceptance of the Wark by the City ("Maintenance Period"); and C'iTY UF 1'012'I' WDRTFI ivIQRNTNGSTAR - SECTTOhI 5, PHASE k STANI7AAD CITY CON77IT[03V5 - llEVELt7PGR AWA7�DED PA�JECTS C]'I"Y PRd7ECF NO,; 103151 Rerised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 2 3 4 5 G 7 8 9 10 11 I2 13 I4 15 16 17 18 19 2� 21 22 23 24 WI3EREAS,'Principal binds itself to repair or reconstruct the Work in whole or in part iipon receiving notice from the Developer and/or City of #he need thereaf at any time within the Maintenance Period NOW THEREFORE, the condition of this oblig�tron is such that if Principal shall rennedy any defective Work, for which tunely notice was provided by Developer or City, to a completion saTisfactory to the City, then tlzis obligation sliall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Priiicipai shall fail so to repair or reconstruct any tiinely noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/ar reconstructed with all assaciated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if aiiy legal action be filed on this Bond, venue shall lie in Tarrant Caunty, Texas or the United States District Court for fhe Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this oblig�tion shall be cantinuous in nah�re and suecessive recaveries may be had liereon for suceessive breaches. C;ITY OF PORT WnRTH STANDAI2D CI`LY COND3TIONS —D�VELOPER AWARDED PROJECTS Re��iszd January �1, 2Q12 MORNINGSTt1R — SLC`TION 5, PHASE 4 CI`I'Y PR07E�'T NO,: ] 031(1 on�a�s-3 PvIAAFTENANCE II[]N37 Page 3 of :i 1 IN WITNESS VVHER�QF, the Principal and the Surety ha�e each SIGNED and SEALED this 2 instnunent hy duly authorized agents and officers on this the ��p � day of � 3 , 2Q�. 4 5 6 7 8 9 10 II 12 13 14 i5 IG 17 18 i9 20 z� 22 23 24 25 2G 27 28 24 3D 31 32 33 34 35 36 37 38 39 40 41 42 43 a ' Ai' S : i � •�. g � �L� �. [Principal] Se�retary . itness as P�[t�cipal ATTESI': {Surefy) 5ecretary _� PRINCIPAL: BEAN ELEC CA ., INC. SY� nature RUY R. BEANIPI�ESIDENT I�lame and Title Address: 821 EAST ENOI*i FOR'1' WQRTH, T"CXAS 7GI44 SiIftETY; SuFeTec Iusurance �ompaciy 33 �t O � S i�� u sis�.n,Z. _770 5 6 ,_......-- BY: �� —��iiatitre 7erctn Barne#t -in-Fao Natne �tid'f i[le Acidress: �.YTa.4�i'1s I GVihiess a5 to SLu�ety Telepizone Numher; �72_772-722f} Muni Rabah, Band Account Manmger �Note; If signed �y an of#icer o� the Surery Company, there must be on %Ic a certified extract from the by-Iaws showing that this person has authorify tA sign such obiigatian. If Surery's physical Address is different fram its anailing address, bath must be pra�idcd. Th� date of the bond shall not be prior tn the date the Contract is awArded. C;1'1"Y OF FURT �G'Ult'IFI MOftNINGSTAR — SECiTOIV 5, PHA51: 4 STANI]ARD CITY C'U1Yl7ITIUNS - DEV�,LpPER AWARIJED PHDIECT3 C[TY PR07EC'T NO.: 103I61 Revised lanuary 31, 2[il2 Poaa a2zioas JflINT L[MiT�D POW�R DF ATTORNEY I{1VOW ALL MEN BYTFlESE NRESEN75; Tha[ SureTec Insuran�e Company, a Corpnration duEy arganired and existing under [hQ {aws ot [f�e StaFe otTexas and ha�ing lts principat aEiire fn the Caunty oF Marris, Texas and Markef Insurance Company (ihe "Cnmpany"}, a corparatian duly organized aisd existing under the faws of the sta[e of !llinois, and having its principal administrative aFfice in Glen Allen, Virgi�ia, does 6y these presents rrrake, canstitute and appaEnt: Tany Fierro, Jay .ivrdett, Johnny Mflss, Sta�en W. Searcey, Rohert J. Shuya, Mistie Be�k, Jer�my Bamett, Robert G. f(anuth, ,lade Porter, Jennifer Cisneros, Jarrett Wiflson, Ja�k Natfingham 7hefr true and lawful agent{sj and atiorney(sJ-i�-�dC2, ea�h in thefr separate �aparity iF inare than ene is named above, to make, execute, seal and dei+ver for and an their awt� 6ehaff, indi�idually as a surety orjointly, as cv-sureties, and as their act and deed any and ali 6onds and other undertaking in suratyshlp provlded; howe�er, that the penai svm o�any ona such Instrument executed hereunder shali nat exceed the svm nP: Twenty Milllon and ��11{30 Dollars {$20,DOO,Od0.00] ?his Power aFAttomey is granted and is signed and sealed undsr nnd 6y the authority of the toilvwing Resolutior�s adopted ky {}te 8oard of Oirectors af Sure7e[ Insurantr C�mpany and Markei Insurance Company: "P.ESpLVF.[], That tha President, Senlor Vice President, �ce President, Assistan[ ViCe President, SeCrEtary, 1'reasurer and each af tf�em here6y is au[I�arized tn execute powers af attnrney, and sca�h authorlty can 6e executed 6y use af facsimile signature, whleh may 6e attested ar acknaw�edged 6y any afficer ar attorney, aFthe cnmpany, qualifying the attorneyor attameys named in the gi�er� power oF attorney, to exesute in hehalf pf, and acknowledge as the act and deed uf the SureTe[ Insurance Company and Markel Insurance Cart�pany, as the case may he, ai! pond undertakings and cnniracts of suretyship, and ta a4{ix the eorpora[e sesl thereto." IN Wi7NFS5 WNEREpF, lNarke! InsuranCe Company and Su�erec insurance Company have caused their offi�ial sea! to he hereunta aff�xed and these presents to be signed by their duly authorlaed off3�ers on the �rm day nf Nweinbar � x�zo , SureTec fnsurance Cumpany gr• T__. '�� Michaei C. FCeiinig, president t5'y�RAN�� .. . .9.� o� �� b 'si, 2 �� .* '`,��ryc��fr� Markel Insura ce Company �Y' USEAL�� _ � T ��r�� -...�..._ ��c: � r, �� e�: _ _�.`� _G� �'�'••��+i'!�'�.Y`` R in Russa, Senlor Vite Presldent ti `/��1!!'Iklitliti�t�`` Cammanwealth a{ Virgl�ia Caunty nf Henrico 55: On this +�m day of No.�emt�, sozp p, p„ �eFare rne, a IVatary Pvb1i� oF the Commonwealth af Virginia, in and for the Caun[y a{ Henrico, du�y eammissiflned and qualified, came iFiE A80VE pFF10ER5 OF FNE COMPAIVIES, to me personally known ta be [he indivlduals and afFi[ers des�rihed in, who executed the preeeding ii�strument, and they ac&nawledged the executron oi same, and 6eing 6y me du[y swnrn, dispased and said that they are the ofFlcers of the said �ompanies aforesaid. and ihacxhe seaEs afFixed to the proceeding inst�umeni are [he Corporate Seals of 5afd Companfes, and the said CarparaYe Seals and iheir Slgnatures as afficers were dufy afFixed and suhscriqed ta the said instrument hy tl�e autharicy and diraction af the said companies, and tliat Resuiutions adopted hythe Bnard oF €7fre�tars of said Cnmpanies reierred ta in the preceding instrument is nqw in force. '`�� e��►�+iie�I k.► �, � O N,Q ".,� 1iV 7ESTIMOAIY WFtF.REqF, 1 have hereunta set my hand, afid affixed rr�17�¢&�aF� �h� C��fp} }{��rica, the day and year First abave written, �' �� MY ��'•� ~ ' �-- ,, r- � CDf+qfu11S510tV gY� �' ~�'=�-K:��__�.� � � ; � � �...v__. �_ Q , r;u�,�,y�� .. ��8 �'= � 6onna pv�avant, Notary?ubNr +� ?��•.�' �'¢C] �: My[nmmissfvn expireS ].131i2023 We, the undersEgrted Otiiters of 5ureTec Insurance Company and Artarke�!'yr��C��hy tj�q�h`er6y certify that the �riginal POWER OF ATTpRNEY oF whlch the foregaing is a full, true and carrect copy is stili fn full tarce and effec{ and haSfrqt�t�r��ypic�d. !f4 WfTIVE55 WHEKE{3F, we haye hereunta set our hands, and affixed the Seals of said Companfes, nn the �day p! � �[--, Sur eclnsur ce C pan By Ni. Br [ 8eaty, Assistant Secreta Markef lnsurance Company : � �� J f �� !i�(% � Sy. � �' L j � .r +.e.��......� . ' Richard R. Grinnan, Vice Presldent antl-Secc ary Any lnstrument lssued in excess af the penalty stated a6ave is totaEly vo€d and without any �alidlty. 42210d9 Forverif�ca[]on of the a�thorlFyaFthls Poweryou maycafl (7I3�812-p8F30 an any business day between 8;30 AM and S:OQ PM CST. SureTec Insurance Company THiS �OND RIDER C4NTAtNS IMPORTANT COVERAGE INFORMATtON FQRCE MAJEURE RIDER Th:e obligations of the Surety and Principal under the Bond or Bonds to which this Rider is annexed are subject tv the following limitatians and conditions, to wit: that, it is a condition precedent to their Iiability hereunder that the contractual obligation (the contract or subcantract, as the case may �e, being referred to in this Rider as the "Cantract"} between the Principal and the Obligee underlying this Bond includes (ar shall be consid�red amended to include) a Force Majeure exclusion holding that the Principal and its Sureties shall not be held fiable under this Bond or under the Contract for any impacts, delays, defaults, or damages related to Principal's work arising from, or related to epidemics, pandemics, medical emergencies, supply (ine interruptions, or naturai disasters impacting the work required by the Contract, regardless of where such events occur, acts of God, terrorism, war, acts af government or administrative suspensiQn, limitatian, or shut-down, or the direct or indirect consequences ar aftermath of any of the foregoing, and the Contract further provides that the Principa( shall be entitled to an extension af the Contract Time and an equitable adjustment of the Contraet Price, as a result of any of the exclusions heretafore cited. ln the event the provisior�s for force majeure, time extensions, or equitable adjustment for time and maney are more favorable to Principal in the Contract, than in this Rider, the more favarable shall apply. Revised 3-2009 SureTec Insurance Company - IMPQRTANT NOTICE Statutory Complaint Notice/Filing of Giaims To obtain information or make a complaint: You may cail the Surety's toll free telephone number for information or to make a complaint ar file a claim at: 1-8B6-732-0099. Yau may also write to the Surety at: Surel"ec Insurance Company 9737 Great Hills Traii, Suite 320 Austin, TX 78759 You may cantact the Texas Department c�f lnsurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 34�9. You may write the Texas Department of'Insurance at: PO Box �49104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http:/lwww.tdi:texas.g,ov Email: ConsumerPratection@tdi.texas.gov PREMIUM OR GLAiMS DISPUTES: Shouid you have a dispute concerning your premium ar about a claim, you should confiact th� Surety fitst. Ifi the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider Rj3019 1 STANDARD CITY C(JNDITIONS OF T�TE CfJNSTRUCTION CC}NTRACT FfJR T►EVELQPER AWARDED PRQJECTS CITY' OF FOR1' WdR7'}i S"CANDARD CITY CONDIT'[ONS -- DrVLLOPER AWf�RDED PROJCCCS Revised: January 10, 2013 STANDARD CITY �;QNDITIONS OF THE CONSTRUCTION CfJNTRACT F4R DE�ELC}PER AWARDED PRUJECTS TABLE OF C+DNTENTS Page Article 1— Definiti�z�s a�id Terminology .......................... ................................................. ............................... . 1 Defined Terms ................... .............................................................. ..............................................1 1.02 Ternlinology ........................... ....................................................................................................... S Article 2 — Prelin�inary Matters .............. ................................................. .......................................................... 6 2.01 Before Starting Construction ................................................. ....................................................... 6 2.02 Precoz�structian Conference ........................... ..................................................... 2.03 Public Meetin�; """"""""""""" ............................................................................................................................. 6 Article 3— Cc�ntract Documenis and A131ending ................ .............................................................. 3.O1 IZefereuce Standards """"""""' ........................................................................ 3.02 Amendi�ig and Supp(emea�ting Contract Dacunnents � 6 .................................................................. 6 Ar�ticle 4— Bonds and Ir�surance .............. ................................................................... � 4.01 Licensed Sureties and Insu�•ers ...................................... ....................................................... .............................................. 7 4.02 Performance, Payment, and Maintenance Bonds ..................................................... 4.03 Certificates of Ii�surance """""""""' 7 ................................................... ....................................... ..... 4.04 Contractor's [nsurance .............. ��"""""" .................................................................... .............................. 9 �.OS Acceptaz�ce of�Bonds and lnsurance; Option to Replace .............. ............................................. l 2 Article 5 — Conti•actnr's Responsibilities ....................... ........................................................................... 5.01 Supervisiozi and Superirztendent ......................... �� ................................................ ........................ 2 5.02 Labor; Working Hours .................................................................... ............................................13 5.03 Services, Materials, and Equipmei�t ........................ ...................................................................13 5.04 Project Schedule .................................................................... ......................................................14 5.05 Substitutes azid "Or-Equals"..........,. ................................................. 5•06 Pre-QUalificaiion of Bidders (Prune Cantractors and Subcontt•actors).. ,�� .................................. . 7 Cancerning Subcontractor�s, Suppliers, and Others ......................... ..........................................16 5.48 Wage Rates ................... ............................................................ .............................................. 5.09 1'atent Fees and Royalties ""' $ .............................................. ..................................19 ........................... 5.10 Laws and Regulations .................... .................................................. .......................................... 1 5.11 Use of Site and Other Areas ............................. ' ..........................................................................19 S.I2 Record Uocurnents ...................... 5.13 Safety and Protection ..................................................................................................................20 ............................................................... 5.14 Safety Representative ............................ 1 ....................................................... .......................................... 5.15 Hazard Communication Programs ��"�� ......................................................... ..22 .I C Submittals ................. .................................. ............................................................. ..................................................... 22 5.17 Contractor's Genera] Warranty and Guarantee ....................... ................................................... 23 CI'I'Y t�F F�R7' WOR7"i► S"I'ANDAI2D CITY CONDITiONS -- I�EVEI�ppER r�WARDED PROJEC'I'S Revised: January 10, 2013 5.18 lndemnification ...........................................................................................................................24 5.19 Delegation of Professional Qesigra Se�•vices ..............................................................................24 5.20 Right to Audit : ............................................................................................................................25 5.21 Nozidiscriminatian .......................................................................................................................25 Az�ticle 6- Other Work at the Site ...................................................................................................................26 6.01 Related Work at Site ...................................................................................................................26 Article7 - City's Responsibilities ...................................................................................................................26 7.01 Inspections, Tests, and Approvals ..............................................................................................26 7.02 Lir�nitatio�ls on C.ity's Responsibilities .......................................................................................26 7.03 ComplianGe with Safety Prngraln ...............................................................................................27 �.rticle 8- City's 4bservation Status Durizlg Constructian ...........................................................................27 8.01 City's Project Repz�esentative .....................................................................................................27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work ..........................................................................................................27 8.04 Determinations far Work Perfoz-med ..........................................................................................2$ Article9- C1�arlges in the Work .....................................................................................................................28 9.Q1 Authot�ized Cl�al�ges in tlle Wot�k ...............................................................................................28 9.02 Notifcation to Surety ..................................................................................................................2$ Article 10 - Change of Contract Price; Change of Contract Tiane ................................................................28 10.01 Change of Contract Price ............................................................................................................2$ 19.02 Change of Contract Time ............................................................................................................28 10.03 Delays ..........................................................................................................................................28 Article I 1- Tests and Inspections; Correctio��t, Ren�oval or Acceptance of Defective Work ......................29 11.01 Notice of Defects ........................................................................................................................29 I1.02 Access to W�rk ...........................................................................................................................29 11.03 Tests and lnspections ..................................................................................................................29 11.04 Uncovering Worlc .......................................................................................................................30 11.05 City May Stop the Work .............................................................................................................30 11.06 Correction or Removal of Defective Work ................................................................................30 1 l.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct DeFective Woc�k .............................................................................................31 Articlel 2 - Completion ..................................................................................................................................32 12.0 t Contractor's Wa1-ranty of Title ................................................................................................... 32 12.Q2 Partial Utilizatio�t ........................................................................................................................32 12.03 Fina( inspectian ...........................................................................................................................32 12.04 Finai Acceptance .........................................................................................................................33 Articlel 3- Suspension of Work ....................................................................................................................33 13.01 City May Suspend Work ............................................................................................................33 Article14 - Miscellaneaus ..............................................................................................................................34 14.01 Giving Notice ..............................................................................................................................34 CITY OP PORT GT�ORTI I STANDARD CITY CONDI"I'fONS - DI:;VGI.,OPliR AWARDI:D PROJLCfS Revised: lanuary 10; 20i3 14.02 Ca�nputatian of Times ............... ..... 34 ........................................................................ .................... .03 Cumulative Remed'aes ........................ ...........................................................34 .............................. 14.04 Survival of Obligations ................................ ..35 .......................................................... ................... . 5 �leadings ..................................... ............35 ..................................................................................... C17'Y QI' POR'P WQRTH S"I'ANDAIt� CI"IY CONDITIONS —DEVGLOPER AWARDEll PROJF.CTS Revised: Ja�ivary ] 0, 2013 00 73 ] 0- I Standard City Conditions Of The Construction Confract For Developer Awarded Projects Page 1 of 35 A.RTICLE 1— DEFINITI(}NS AND TERMINOLC}GY 1.0 t I�eTned TeN�r�s A. Wherever used in these Celleral Conditions or in other Cantract Documents, the terms listed belov�� have the zneanixlgs indicated which are applicable to both the sin�ular and plurai thereof, and words denoting gender shall itaclude the masculine, femini�le and z�euter. Said terms are generally capitalized or written in italics, but t�oi always. When used in a contexl consistent with the definition of a Iisted-defined tenn, the term shall have a meaning as defined below w�hethe�- capitalized or italicized or otherwise. In addition to tenns specifically defined, ter�ms with initial capital letters in the Contract Documents include references to ideaxtified arrticles at�d paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrumez�t which is evidence of the agreement between Developer and Contractor covet•ing the Work 2. Ashestos—Any materiaf that contains mare than one percei�t asbestos and is friable or is releasing asbestos fibers into the air above current actian (eveis established by the United States Occupational Safety and Health Administration. 3. Buszness Day — A business day is de�zled as a day that the Gity conducts normal business, benerally Monday through Friday, except for federal or state holidays observed by the City. 4. 13uzzsaw — City's on-line, electronic document managen�ent and c�(laboratian system. 5. Calendar Day — A day cansisting �f 24 hours measured fronl midni�;ht to the t�ext midnight. 6. Cily--- Tl�e City of Fot�l Wc�rth, Texczs, u Texas honae-t�ule nzunici,val corpo�-atron, acting by, its govet�ning body thl•oz�gh zt.s Czly Mcrnager, his c�e.signee, or agents auihoNized pur,suant to its duly autho��ized charte� on hr,s behalf. 7. C�n�nzunity Facilitr.'es Ag�-eement (CFA) A C'onir�act between the I�eveloper and the Cit�� fo� the Const�uctian of on� or mor e followif�g pa4blic faeilrties wzthir� the C'it�� public rigl�t-o, f- way ot� easenaent: Wuter, Sanitary Sewer, Street, Sta�^m D�^uin, Stt�eet Light; and Str^cet Srgns. A CFA n2ay ineluc�e p�•ivcrte_f'aeilities within the �^ight-of-way dedicated as p�•ivate righl-of- ulay r�r easement on a f•ecor^cled plat. 8. Contraet=The entit�e anc� zntegr�ated ��r�ztten document incorpo�ating the Cos�tr�act Documents between the Developer, Cont��act,r�r•, and/or^ City concer��ing the T�jork. The Cot�tract superscdes pi�i�r negotiations, t�epi�esentcations, or ag�^eemenls, whether wrztten or �ral. 9. Cc��tract Document.s—Those ztems that make up the contract and which tnust include the Ag��eernent, and it's attuchnaents such as .rtandu�•d const��uctior� specifi.cations, standard Cit�1 Cr�nc�ition.s, ather ge�eral conditians �f the Dei�eloper, includrng: a. An Agreement CI"iY OF I=ORT WOKTH STANDARD C1TY CONDI'PIONS — DGVF.,LOPER AWARDE;D PR�.iliC7'S Revised: January 10; 2013 00 73 10- 2 Standard Ciky Conditions Of The Construction Contract For Developer Awarded Prpjects Page 2 of 35 b. Attachznents to the Agreement i, I3id Fot-m ii. Vendar Campliance w�ith State Law Non-Residerrt Bidder iii. Prequali�cation Stateinent c. Currei�t Prevailing Wage Rates Tabl� (if required by Ci�y) d. I»surance tAccord Form e. Payme�at Bond f. Perfo�mance Bol�d g. Maintenance Bond h. Pawer of Attorney for Borads i. Warkers Campensation Affidavit j. MWBE Commit►nent For�n( If t•equir�d by Cit}�) k. Ge��ei-al Conditior�s l. Supplementary Conditions m. The Standard Gity C�nditions ��. Speclfications specifically made part of t11e Cantract Docuznents by atta.chmei�t, if not attached, as iticorporated by z•eference and described in the Table of Conte��ts of t}xe Project's Contract Documents o. Drawings p. Doculnentation submitted by eontracior prior to Notice of Ilward. q. The follawing which may be delivered or issued after the effective date if the Agreement and, if iss��ed become an incorporated part of the Contract Documet�ts i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. t�ppraved Submittals, otl�er Contractor submittals, and tl�e reports and drawings of subsurface ai�d physical conditions ai•e not Conti act Documea�ts. I 0. Cont�acloN—The inc�ividual or entzty with whom �eveloper^ has entef�ed inio lhe Agr�een�ent. 11. D�y ot� duy — A c�ay, unless otheru�ise defined, shall mean a Calenc�al° l�ay. 12. Developer — An individual or entity that desires to make certain ir�rprovemenls ��it,hin the ezty of�ot•r �vat-�� 13 . Dr�awin�:s—That �at•t af � the �`antract Docunzents pt�epa��er� oT� appf�oved by Et�gzne�y� �vhrch grczphic�rlly rhows 1he scQpe, extent, and chat^actet- of' tl�e Work to Ue performed I�y �'ontt�aclat�. Submrttals ar°e not I3ru��ings as so defined. 14. Enginee��—The licensed professional engirreer or engineering�r-m Negistered in the State of Texas performing prafessional sef�vices far the Developer. 15. Final Acceptance — The written notice given by the City to lhe Developer anc�/or Contr�acto� that the YTjoNk spec�ed in the Con�ract Docu�nents has heen completed to the s•atisfaction vf' the City. � CIT'Y OP FOR'I' WORTH SfiANDA[2D CITY CONDI"I'IOT�IS—DEVLLOPERAWAt2L)ED PROJECTS I2er•ised: January 1 Q 2013 GO 73 10- 3 Standard City Conditions Qf The Construction Cantract For Developer Awarded Projects Page 3 of3� 16. Final Inspeclion — Inspeetion cGtf•i�ied out by the Czty t� verify thal the Cont�actot• has cvrrapleted the Ylrork, and each and every part or- c�ppuf�tenance thereof, , fully, entirely, and in confor•��2ance �vith the Contrczct Docarments. 17. Ger�eral RequiNements A pa�°t of the Conlract Documents bet�veen !he Develol�er and a Conlractor. 18. Luws and Regulutio�s Any at�d t�ll applicahle lcrn�s, ��ules, regulations, or^dfnances, c�des, and orde�s of� any a�cl ccll �-ove�t�mental bodies, agencies, authoYilies, and cour°ts hc�ving jur•zsdr.'ction. 19. Liens—Charges, secur^ity interests, or enczsrr�brances upon Project fun�s, recrl p1�o�aeNty, �r pe1 �s�lnal pt•opeNty. 20. tVlilestone--A �arincipal event spectfred irr the Contr�acC Doc�rnents r^elating to r�n intef�t��eciiale Conts�act Time ��ir�t� to Final Acceptance of'the YV�rk. 21. Non-Pc��ticipatitz�- Change Or^de�° A �locument, whicli is p�^epal°ect', far and �^evieived hy the �`ity, wh�ch is signed by Cant�act�r^, and Developer, cr�rc�' autho��zzes a�r additiat�, c��letion, ar r•e�%ision zn tl�e Work or crn adjustr��ent in the Conit�act Price or• the C'ontt act Time, issued on or af'ter the Ef�ective Date of the Agreenzent. 22. Par•ticiperting �'hang� ONder � docunaetal; which is p�epared.fo� and crp�r�ved by the City, which as signed by Co�tti^acCo�-, Develo�er, and Ciry anc� authof•izes an addition, clelelion, at� revision in tlae Wo�k o�- an adjustfnent zn ihe Contraet Pt�zce of° the Contract Time, issz�ed on or aftef• the Effecizve Date af�the Agr�eenaet�t. 23. Plans — See de�niti�n of I�ruwin�-s, 24. Projeci Schedz�le �4 schedule, ps^epureu' anc� maintained l�y ContracCor, in accorda�rce ��ith the Gene��al Requis•etyzents, descNibing the set�uence and duration of the activities eom�rrszn� the C�nl�^actar's plan to accort��alisli the Wof•k ivithrn the C'ontj�act Time. 2S. Project=The Wor•k !.o be ne�forrrrec� under the Contt�act Docafinents. 26. Project Re��resentative—The authorizec� r•epresentative of' 1he Crty tivl�o ivill be a.rsignecl t�� the Siie. 27. Public Meeting — An annozrnced meeting conducted by the Develaper to facilztate public purtrci�ativn and to as.sist tl�e public in gaining an informed vie�� of the Project. 28. Re4�lar WQrking Hours — Hour:s begrnning at 7: UO cc.m. and et�ding at 6: DO p.m., Monday C7�rtt Friday (excluding legal holidays). 29. Sam�ales—Physrcal exatnples of n�aterials, equipment, �r wnrkn�anshi� that are repf•eser�tative of sotne �nortion of the Work and x�hrch esCablish the stanc�ards by wl�ich such p�rtion of the Work will be juG�'ged. CI`I`Y QF FORT WORTH STANDARD CI7'Y CONDI"I'IONS — DEVri.OPER AWAKDED PTtOJECTS Revised: January 10, 2013 oor �a-a Standard City Conditions Qf The Construction Contract For peveloper Awarded Projects 1'age 4 of 35 30. Schedule c�f Submzttals A schedule, pt•epared and nzaintained by Contractor�, of �,equr"red submittals and the time reyuirenzent.s to suppor�C schec�uled per^,f'or•mance vf Nelated construction activities. 3l. �Site—Lancls o� at�eas indicatsd in the Canti•act Documents as being.furnished by City oN Developer upon �vhich tl�e Work is to be perfoytnecl, including righla�-o, f-way, pet-n�its, anc�' easetnent.s fo�^ access ihe�et�, and such other land.s, fut�nished hy Crty or Developer which �rf�e designated fot the use of Contractol•. 32. S�ec�cations—Th�rt pa��t �f the Cof�tract Documenis consistrng af u�i-itten ��equirerrcen�s for- mateNials, equipment; systems, standaNds trnc� worktnan,ship as applfed t� the t��rk, and ce3�tain adrr�inis�r•ative Neyz�i�ements unc� proceclurrzl matters ap�lzcaUle theret�. Specificcrtions mcry be specifically n2ade a part o�the C'oni.t�act Doc�rn�ents by attachn�ent ot•, if not c�ttacl�e�' mc�y be inc�rpof�ated by ��efe�ence as r.'ndicated in the Table of Content..r (Divisic�fx 00 00 Oflj r�f er�ct� Pt oject. ' 33. St.andard City Candztio�7s — Thut perrt of the Conl��act D�cz�rnerrls setting, forth r•eqasit�emenls of the City. 34. Subcontractor An r.'ndzviduaZ ot• entity havrng a a'ir^ect contt�act wz�h Contf�acto�� t�r with any other SubconCractor, f'or the �erforrt2unce of a part of the Work at the Site. 35. Subr�aztZals �Ill dr�cru�ings, d�agrarns, illustt•atzon.s, schec�ules, and oiher data or infvi°mation which are specifrcally prepaYed o�� a,ssemllled hy or , for Cvntr�ctor� and suhrnilted by Contrcrctor to illustrate sorrre pot�tran of the Wor•k. 36. Su�er�intenderat — The re�resentative of the C:orrtractor who is avar.'lal�le at all tr.'tnes and ahle to ��eceive znstr�uctio�s, fr^�m the City crnd/o�° Devela�aet� and t� act. fat� the C`ontr•ccctor. 37. Supplementary Conc�it.ions—That part qf the Contract .DocuYnents which an�end.s o�� supplements the General Conc�itions. 3�. Su�aplie�� A manufacturer, , f'ahricator, supplier, distNibutor, tnateraalmcrn, o� vendor havr."ng a dif�ect contract with Contz�actot• or with any SubcontrnactoN to ,furni,sh matet�ials or equipn�errt to be incorporcrted in t�re Wor�k b�� ContNactor as� S'zrbco��t�actor. 39. UndeNgr^t�zrnd Facil.ities All underground pipelines, conduits, c�'ucts, cables, u�ires, munholes, vattlts, Canks, tunnels, ar other such facilities or atlachment�s, at�d any encusemet�tr cantaining such ,f'acilzties, inclur�ing but not limited to, those that convey elect��iczty, ga.ses; .steam, lic�uid pet��oleu�r product;s, telephone or o1heT� communicatzons, cable television, water, wastewater, s/orm ivater, oihet^ liquic�s or� chenaicals, ot� traffic or othet• conPt�ol systems. 40. Weekend Wa3�k.ing Hours — Hours beginning at 9.•00 a.m. and et�ding ai S.•QO p.m., Satur�day, Sunday or legul holiday, as ap�p�°oved in adva»ce by the City. CI1'Y OF ['ORT WORTH S7Ah�DARD (�ITY CONDi"I'IONS —DEVF..LOI'ER Al�7ARDED PRQJGCTS Revised: Januaq� 10, 2013 Standard City Conditions Of The Construction Contract For Oeveloper Awarded P ojects Puge 5 of 35 41. Wark—T'he entrT�e eorrst�uciion or the varioa�s sepert•ately rdentr."fiable part,s the�eof requirec� to be pr•ovided under the �ontr•crct Document:s. WoYk inclzsdes and i.s the reszrlt ofpet for^ming oY �t�roviding all lcrh�r, services, ctnc�' docz�mentutrorr neces•scrry ta produce such conslNuction rncluding any Participtctin�g Chunge f�rder, Non-Particrpatit�g Ch�rnge Qrder, or Fielc� D�der, crnd furnzshing; znstalling und inco�porating all naater•ic�l.s anc�' equipmenl rnto such canst�-zrction, all a.s f•eqzdit�ed by the Contf•ac� pocur�aents�. 42. Wa�^king Day — A workin� c�ay is defined a.s a day, noI rncluding Scrturdays�, Szrnda��s, or legal h�lic�U}.s craathot�rzed by the C'ity , for contr°act �ur po,ses, in tivhich tivecrther^ �t• othet� c�nditions nat unde�� the contt-ol of the �'onb-aclor• tivill �e��init lhe peyforn�ance �.f the p��irrcipql unit of wor^k unde��ay for u contrnu�us pet�ioc�' af�not le..rs than 7 hou�s between 7 a. m. and b p. m. 1.02 Tern�znolog�� A. Tl�te words and terms discussed ix� Paragi•aph I.02.8 tllrough D are not de�ned but, when used in the Sidding Requirements or Coaltract Documents, have the i�ldicated meaning. B. Defective: 1. The word "defective," w1�en modifyin�; the word "Worl<," refers to Work that is unsatisfactory, faulty, oz� deficient in that it: a. does not conform to the Contract Documellts; ar b. does not n�eet the requireme�ats of any applicable inspection, z-eference standard, test, ar app�•oval referred to in the Contraet Documents; or c. llas been damaged prior to Gity's written acceptance. C. Furnish, Install, Pet form, Pr-o��ide: 1. The word "Fur�nish" or the word "Install" or the �uord "Perfot-�n" ar thc word "I'rovide" or the wo�•d "Supply," or any cornbination or simi(ar directive or usage thereof, shall mean fui-i7ishing and incorporating in the Work including a(1 t�ecessary iabor, nzaterials, equipment, and everythitlg necessary to perforin the Work indic�ted, unless specifically liinited il� the context used. D. Unless stated otherwise it1 the Contract Documents, technicat or construction industry or trade meaning accardance witli such z•ecognized mc;anin�. words or phrases that have a well-known are used in the Contz•act Documents in CI"CY OF FORT WOR"CH S'CANDARD CITY CONDITIONS — DEVELOPI:R AWAKllED PROJEC`CS Revised: January 10, 2013 00 73 1 t�- 6 Standard City Conditions Of The Construction Gontracf For Developer Awa�ded Projects Page 6 of 35 ARTICLE 2 — PRELTMINA.RY MATTERS 2.01 Before Starting Constr•uetion .t3aselif�e Schedule.s: Submit to City in accardaiace with the Contraet Documents, and prior to starting tlae Work. New scl�eduies wili be sub�nitted to City when Participating Change Or•ders or Nan- Participatinb Change Orders occur. 2.02 Pr^econstructian Confer�ence Bafore any Work at the Site is started, the Contractor s1�aI1 attend a Preconstruction Confereilce as specified in the Contract D�cuments. 2.03 Public Nleeting Contractor may not rnobilize afiiy equipment, materials or resoure�s to the Site priol- to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3— CONTRACT DOCUMENTS AND AMENDING 3.01 Reference .Standa�•d.s A. Sta�lda��ds, Specificatioz�s, Codes, Laws, and Regulations Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whethez• suell reference be speci�e or by implication, shal( mean thc standard, specification, �nanual, code, or Laws or Regulations in effect at the time of opeiling of Bids (or on the Effective Date of the Agreement if there were t1a Bids), except as tnay be otherwise specifically stated in the Contract Documents. 2. No pravision or instruction shal( be effective to assign to City, or any of its officers, directors, members, partners, einployees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the pez•fpr�nance of tl�e Wark or any duty or authority ta undertake responsibility incansistent with the provisions af Che Contract Docu�r�ents. 3.02 Atnending and Supplerrcentr."ng Contf•act Documents A. Tlre Contrac� Doci,zn�ents n�ay be a��nended to provide fflr additions, deletions, and revisions in the Work or to modify the teims and conditions thereof by a Participatin�; Change Order or a Non-Participating Change Order. B. The requirements of the Cotatract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorizeci, by one ar more of the following ways: 1. A Field Order; CITY OP FORT WORTH STANDAIZD CITY CONDITIONS —I�EVEI.OPGR AWARDED 1'ROJLCTS Revised: January 1 U, 2013 00 'J3 ( 0- 7 Standard City Conditions Of The Gonstruction Contract For Developer Awarded Projects Aage 7 of3� l. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's writt�n inierpretatian ar clariiication. ARTICLE 4— B�DNDS AND INSUI2ANCE 4.01 Licensec�Sur�eties an�llnsurers All bonds and insurance c•equired by the Gantract Documents to be purchased and maintai�ied by Contz•actor shall be obtaiaied fi•om surety or insurance co�npanies 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 co��panies shall also meet such additional requirements and q«ali�cations as may be provided Section 4.Q4. 4-Q2 Petfo�mcrnce, 1'ayn�ent; and Nfc�rn�et�ance Bonds A.. Contractor shall furnish perfai•mance and payment bonds in the name of Develo�ez• and City, in accordance �rith Texas Gt�vet7lment Code Cl�apter 2253 or successor• statute, eacl� in at� amount equal to the Contract Price as security for• the faithful perforinance and payment of all of Cantractar's obligations under the Contract Docunlents. B. Contractor shall furnish maintenance box�ds in the nan�e of Developer and City in at� amount eqtiaal to the Cont�act Price as seeu�•ity to protect the Gity a�;arnst art1�� defects in any portian of the Wark described i�a the Contract Documents. Maintenat�ce bonds shal) reinaira 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 othet�wise by Laws or Regz�lations, and shall be executed by sucil sureties as are narned in the list of "Co��panies I-lolding Certificates of Autho►•ity as Acceptable Sureties on Federal Bonds and as Acceptable Reiz�suring Cotllpanies" as published in Circular S70 (atnended} by the Financial Managemerlt Service, Surety Bond Branch, U.S. Department of the Treasury. All borlds signed by an agent or attorne��-in-fact Inust be accompa��ied by a sealed and dated pov��er of attorney �uhich sl�all show that it is effective on the date the agent or at�a�-ney-in-iact sigiled each bond. D. If the surety or� any bond furnished by Contractor is declared bailkrupt or becomes insolvent ot• its right to do business is tenninated ir� the State of Texas or it ceases to ameet the requirements of Para�raph 4.02.C, Co�itzactor shall promptly notify City and shall, within 30 days after the event giving rise to sucl� notification, provide another boxld and surety, both of which shall comp(y wiih the requirements of Para�raphs 4.01 and 4.02.C. 4.03 CeNC�cates of'Ir�sura»ce Contractor shall delivez� to Developer and Cit�t, with copies to each additianal insured and loss payee identified in these Standard City Conditions certificates of insurance (ar�d other evidence of insura��ce zequested by City or any other additiozzal ii�sured) which Contraetor is required to purchase and inaintain. CI'1'Y OF FORT WOR'l"FI S7'ANDARD CITY CONDITION5 — I�6VI:I.,OPER AWARDGD PItOJF.,CTS IZevised: 3anuary� 10, 2013 00 73 l 0- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 3S The certificate of insurance shall docu�nent tl�e City, an as "Additional Insu��ed" an all liability policies. 2. The Cantractar's genera! liability insurance sha11 inc(ude a, "pex� praject" or "per location", endorsement, which shal( be identi�ed i» the certi�cate of insurance provided to the City. 3. The certificate shall be signed by al� agent authorized to bind coverage on behalf of tl�e insured, be complete in ils entirety, and shaw complete it�surance cat•rier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/ar approved to do busit�ess in the State of Texas. Except for worlcers' compensation, all insure�-s ml�st have a minimum rating of A-: VII in tl�e current A. M. Best Key Raiing Guide or have reasonably equivalent financial strengtl� and solvency to tf�e satisfaction af Risk Management. If the rating is below tl�at required, written approval af City is required. S. All applicable policies shall include a Waiver of Subrogation (Kights of Recovery) in favot• of the City. In addition, the Cantractor agrees to waive ali rights af subrogation against the L1lgineer (if applicable), and each additionai insured identified in ihese Standard City Conditions. Failure of the City to demand such certi�cates or otl�er evidence of full compliaz�ce with the insurance requirements or failure of the City to idel�tify a deficiency from evidence that is provided shall not be construed as a waiver af Cotltractor's obligatian ta maintain sucl� lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance foi• any differences is required. Excess Liability shall follow form of ihe primai}� coverage. 7. Unless otherwise stated, all required insurance shali be u�ritten on the "occur�•ence basis". if coverage is underwritten on a claitns-made basis, the retroactive date s11a11 be coincident with or prior to the daie of tlae effective date of the agreement ax�d tlze certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be �naintained for the duration of tlle Contract and far three (3) yeaz•s following Final Acceptance provided under the Contract Documei�ts or for the v�larranty period, whichever is longer. An allnua( certifieate oi insuraz�ce submitted to the Ciiy shall evidence such i�isurance coverage. 8. Policies shall have no exclusions by enclorsemet7ts, wl�ich, neither nullify or amend, the required lines of eaverage, nor decrease the limits of said coverage unless such endorsements are approved az� wriiin� by the City. In the event a Contract has bee�i bid or executed and the exclusioxis are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineez• 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-insureci retention (SIR}, in excess af $25,000.00, affecting required insarance coverage shall be approved by the City in regards to asset value at�d stockholders' equity. It� CITY pF FORT WORTI-I STANDARD CITY CC)NDI7'IONS — DEVLLOPER AWAI2D�D PROJLC'I'S I2evfsed: January 10, 2013 00 73 1 U- � Standard City Conditions Of The Canstruction Contract For Developer Awarded Projects Page 9 of 35 lieu of traditianal insurance, alternative coverage maintained through insurance pools ar ris� retention groups, rnust aiso be app��oved by Ciiy. 10. Any deductii�le in excess of $5;000.00, for any policy that does not provide covera�;e on a first-dallar basis, inust be acceptable to and approved by the City. 11. City, at its sole discretion, resezves the right to review the insurance requiretnents and to make reasonable adjust��nents to insurance coverage's and their limits whet� deemed necessar�� and prudent by the Ciry based �.�pan changes in statutory law, coul�t decision or the claims history of the indust�y as well as of the corztracting party to the City. The City shall be required to pt�ovide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Warlc by Ghange (Jrder. 12. City shall be entitIed, u}�an written t•equest and without expel�se, ta receive copies of p�licies and er�do�•sements tllereto and �r►ay make any reasonable requests for de(etian or revision or i�odifications af particular policy tierms, candi�ions, limitations, or exclusions necessary to conform the policy and endorsernents to the requirements af the Cantract. Deletions, revisions, or �nodi�cations shall not be ��ec�uired where poticy provisio��s are establishcd by la��v or regulations binding upon either party or the underwx-iter on any such policies. 13. City shall not be responsib�e for the direct payment of insuranee preinium costs far Contrac�or's insurance. 4.04 C'ontracior',s Insurance A. Wot�ke�°s Compensalion anc� E�nploye�s' Liability. Cantractor shall purcllase and maintain such insurance coverage with limits consistent with statutary benefits outlined i�� the Texas Workers' Campensation Act (Texas Labor Code, Ch. 406, as amended), at�d ininimum timits faz• Elnplayers' Liability as is appropriate far the Work being perfo�•med and as will provide protection from claims set fortlZ belaw which may arise out of or result from Contractar's performance af the Work and Contractor's other obligations under the Cantt•act Docuznents, w�hether it is to be performed by Contractor, any Subcontractol- or Supplier, or by ar�yot�e diz•ectly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of then� may be liable: l. clai�ns under workers' co�npensation; disability I�enefits, and otl�er simila�� employee benefit acts; 2. claims for darnages because of bodily injury, oecupational sickness or disease, ol• death of Contractor's employees. 3. The limits of liability for tlie il�surance shall provide the fo(low1ing coverages for not less than the following a�nounts or greater where required by Laws and Regulatians a. Statutory limits b. Einployer's liability eiT� or roff�� u�oxTH STANDARD CITY COT�DI"I'(ONS —(�EVT3I.OPER AWARDPD PROJECTS Re�ised: Janua�� !Q, 2013 ao �3 � o- � o Standard City Conditions Of The Construction Contract Far Developer Awarded Projects Page 10 of 3� 1) $1 OO,OQO each accidentloccurrence 2} $100,000 Disease - eacl� eulployee 3) $SOQ000 Dise�se - policy limit B. Commercial General Liability. Coverage shall include but not be (imited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractars, products/completed operations, personal injury, aYid liabiiity under ai� insl�red contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the cui•i•ent Insurance Services Of�ce (ISO) policy. This insurance sllall apply as primary insurance with respect ta any ather insurance or self-insurance pt-ogra�ns affo�-ded to the City. The Comn�ercial General Liability policy, shali have no eaclusions by endorsemenis tl�at would alter of nuliify premises/operations, products/completed operatians, contractual, personal injur��, ar advel�tising itljury, which are norillally contaitled with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation expasure, tlae City may require the contractor to maintain coinpleted operatians coverage for a r�inin�uzn of no l�ss than three (3) years followitag the completion of the project 2. Contractor's Liability Insurance under this Section which sha(1 be ot� a per praject basis covering the Contractor with ininimum limits of: a. $1,0OO,OQO eaclx occurrence b. $2,000,004 ag�regate lilnit Tlie policy must I�ave al� endorsemen� (Ainendment — Aggregate Li�nits of Insura��ce) making the General �ggregate Litnits apply separately to each jab site. 4. The Comme�•cial General Liabi(ity Insurance policies shall provide "X", "C", at�d "U" coverage's. Verification of such coverage n�ust be shown in the Remarks Article of t11e Certificate of Insurance. C. �Iutomohile Lzability. A commercial business aiito policy shall provide eoverage an "any auto", defined as autos owned, hired and i?on-owned and provide indemnity for claims for dama�es because bodily injury or death of aily person and or propecty darna�;e arising out of the work, maintenance or use of any motor velucle by the Contracto►•, any Subcantractor or Supplier, or by anyone directly oz• indirectly employed by any of them to perform any of the Work, or by anyotle for whose acts any of them may be liable. Automobile Liability, Go�ltractor's Liability Insuranee under this Sectio�z, which shall be in an amount not less than the follow�ing amounts: a. Automobile Liability - a commercial 6usiness policy shall provide coverage on "Any Auto", defined as autos owned, hiz•ed a��d c7on-owned. CI'[i' C?P rOR"I' WC3R'I'H S"I'An i?ARD CI1'Y CONDITIpNS — D}'s V rI,OPER A W ARDED PRC)JEC"I`S Revised: January l0, 2013 UO 73 1{]- ! 1 Siandard City Gonditiqr�s Of The Cvnstruction Contract For beveloper Awarded Proje�ts Pa�c 1 t af 35 Ij Y�1>d�U,QOQ each accident on a coix�bined singie firnit basis. Spl�t limits are acceptable if �i��nits are at least: .�J $25U,00� Bndily I�Zjury �er �ersqt� 3% $5��,�Q� Boc{iiy I��ju�'Y �e�• accident 1 4) $140,40� Prnperty Damage �.7. Rarlro�d l'rolcctive Lrahrlrty. if aa7y of the work or any warra�7ty worlt is within the lirr�its of railroad �•ight-ofMway, t€�e Cc��ttractor shal! corr�piy with the following req�aircments: T11e Cont�•actar's constructiati acti�vities wi[1 require its e�nployees, ag�nts, subcontra�tars, ec�uipme3lt, and material delive�•ies tQ cross rail�-oad properLies atad t�•ac[cs owned and operated 6y: �....`� � IL'ri�� lI]L• 33e7I33C i3j LI3l' R3i 3[�i3L� Ci?]T'[�il111 {[S'��n=,��. i1i�3i �er�ii 3i�,ri� ] m --- 'I"he Cantractor shalf conduct fts apea-atioc�s ai� railroad properties in sEic11 a manner as i�ot to interf'ere with, hinc�er, or o6struct the rai�road co�npany in any znanner whatspe�er in t�he use ❑r operati�rt nf itsltlteir trains or ott�er property, Such operatio��s o�� rai�roac! pe•operties �-nay require t3iat Co�ltractar to ex��ute a"Ri�ht af Entry ngrcement" with th� particular railraad company ar companies inval�ed, and to this end the Contractor shou[d satisfy itself as Cv the rec�uir�ments of eac� rai�road carrtpany and be �repared to execute the �-ight-af eniry (if any) rec}ui�'ed by a railraad c��npany. The r�quiremexlts speci�ed hereii� li[cewise relaEe to the Co�ltractor's use pf pri�ate andloi• constr�tctio�l access eoads crossi��,� said rai�rqad campany's prape�-�ies. The Contractual Liahility co�eragc required �y Paragra�h 5.04D af t11e Geileral Conditions shall pro�:de co�erage for not less tha�l the following a:naunts, issued Uy companies satisfactary to the City and to the Railroad Company for a term that canti�tues far so lang as the Cot�tractor's aperatiat�s and wor[c cross, accupy, or touch rai[raad pi•aperty: a. General AggregaYe: � � � f i3iir li:�nls �rcilic�c�3 h� ftailrn.ui [.'i�3»�»m i�i ionnc. aritr rn�nrj 6. Ea�h C3c�urrence: : �:131C'" li?331�y �tl�Ul�:il��d !n� [tk1III[]i!(} L'tl313;�.131�� f TE E'[E>17C. li'I'ElC 11Sti17L'J 4. Vl�ith respec� t� the abave autfincd insurance re�uire��ents, the faliowing shal� ga�ern; a. Where a szngle raiiroad coznpany is in�ol�ed, t11e Cont�•a�tor sha11 pro�ide one ir�surance pc�licy ic� thc �amc af Che rai�raad co�l3paR�y. Hower�er, if more thaii one �rade separation ar at-grade crossing is affected l�y the Project at erttirely separate locations on the lii�e or lirtes af the sa�ne railroad company, s�p�rate covera�;e �nay be required, each ir� t�e amount stat�d abo�e. 6. VVhere �nore tha�i one raili•oad company is ope�•ating on the sa�ne right-of-way ❑r where se��ral raiiraad campa�lies ai•e in�olved and qperated o�7 their owf� separate rights-of- CI'T'Y ClF' I� URT VJQR'1'I I STA�iDAftL] C:I'i"4' CpNL]I"1'iUN5 -- �EVCLOPER AWAttT]I:D PRCIIFCTS Rc�ised: Janusry 1 Q, 2U S 3 00 73 10- 12 Standard City Conditions Of The Construction Gontract For Developer Awarded Projects Page 12 oF35 way, the Contt•actar may be reqt�ired to provide separate insurance policies in the name af each railroad company. If, in addition to a grade separation or an at-grade crossing, other worlc or activity is proposed on a railroad company's right-of=way at a location entirely separate from the grade separatian or at-grade crossin�;, insurance coverage for this work Inust be included in the policy covering tlie grade separatian. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, a11 such other work may be covered in a single policy fot• that raitroad, even though the work �nay be at two or more separate locations. S. No work or a�tivities on a railroad company's property to be peX•Formed by the Contractor shall be commenced until the Contractor has furaaished tI�e City with an origina) policy or policies of ihe insurance for each railroad company named, as required above. All sucl� insurance must be approved by the City and each affected Railroad Company prior to tlie Coiltractor's l�eginning work. 6, The insurance specified above must be carried until all Work to be �erformed on tlae tailroad tight-of-way l�as beet� completed and the gz•ade crossi»g, if any, is no longer used by the Contractor. In addition, insuz�ance mtzst be carried durinb all n�aintenance and/or repair woz-k performed in the t�ailroad right-of way. Such insurance i��ust na�ne the railroad company as the insiired; together with any tenant or lessee of the railroad company operating over tz�acks invalved in the Project. E• N�t�c�ztion of Policy Cancellation: Contract�x• shall irnmediately notify City upota cancellation or otl�er loss of insurance coverage. Coz�tractor shall stop wark until replacenzent insurance has been procured. Tllere shall be l�o time cz�edit for days not worked pursuant to this section. 4.05 .flcce�tance of Bonds anc� Insur^c�nce; O�tion to Re�lace If City 11as ai7y objection ta tl�e coverage afforded by or other provisions of the bonds or insurance requir•ed to be purchased and maintained by the Contraetor in accocdance with Article S on the basis of non-conformance with t(�e Contract Documents, the Developer and City shall so notify t1�e Contractor in writing within 10 Business Days after receipt of the certificates (ot� ather evidence requested). Cotlt�•actor s11a11 provide ta the City such additional infarmatian in 1•espect af insurance provided as the Developer or City i�nay reasonably rec�uest. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City sha)1 notify the Cot�tractor i11 writirig of such failure prior to the start of the Work, or of such failure to mai��tain prior to any change ir� the required coverage. ARTICLE 5 — CONTRACTOI2'S RESPONSIBILITIES S.O1 Supervrsion and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applyii�g such skills and expertise as may be necessary to perform the ci�Y or rorcz� wou�r► � STANDARD CITY CONDIT[C}NS — DPVELC)PER AWARC)ED PRO.tECTS Revised: January 10, 2013 (l0 73 10- 13 Standard City Gonditions Of The Construction Contract Far Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely respansibie for the means, inethods, techniques, sequences, and procedures of coxlstruction. B. At all times durin� the pragress of tl�e Work, Cozitractor shall assign a competent, English- speaki��g, Superintendez�t wl�o shall not be replaced without written z�otice to City. The Superintendent wil! �e Co�liractor's representative at the Site anci slaall have authority to act on belialf of Contractor. All communication given ta or received fi•om the Superi��tendent shall be binding on Contractot•. C. Contractor shalt notify the Ci�y 24 hou�•s priaz• to moving areas dut•ing the sequence of constructian. 5.02 Lab��r; Wo�krn�- Houra� A. Cantractor shall provide competeni, suitably qualified personnel to perfarm construction as required by tlle Contract Docuinents. Contractor s17a11 at ali times �naintain good discipline and order at the Site. B. Except as ot}�erwise ��equired for tlze safety or p��otection of persons ar the Worlc or property at the Site or adjaceilt tlZereto, and except as otherwise stated in the Contract Docui��ents, all Work at the Site shall be performed durin� Regular Working Hours. Contractor will not permit the perforn�ance of Work beyond Regula�• Woz•Icing Hours or for Weekend Working Hours without City's written consent {which wi11 not be unreasonably withhelc�}. Wi•itten request (by letter or� electronic co�nmunication) to per%t•in Work: 1. for beyond Regular Workin� Houi�s �•equest must be rilade by noon at least two (2) Rusiness Days prior 2. for 1Weekend 1�orking Hours request must be made by noon of the p�•eceding Thursday 3. for legal holidays request must be made by noan two Business Days prior to tlie legal l�oliday. 5.03 Services, Mate�^ials, anc� Equipment A. Unless otherwise specified in tlle Contract Docuznents, Contractar shall provide and assume full responsibility foz all services, materials, eq��ipiz�ent, labar, transportation, coiastruction eq�.aipment ai�►d rnachinery, tools, applia�ices, fuel, power, ligl�t, heat, telephone, water, sanitary facilities, tempoz•ar•}� facilii:ies, a�ld all other facilities and incidezitals necessaty far the performance, Contractor required testing, start-up, and completion of the Work. I3. All materia(s and equipir�ent incorporated into the Worlc s11all be as specified or, if not specified, sl�all be of good quality and new, except as atherwise provided iz1 tlle Contract Documents, All special warralzties and guarantees required by ti�e Specifications shall expressly run to the benefit of City. If required by City, Conteactar shall furnish satisfactory evidence (imcluding reports of required tests) as ta fihe source, kizid, and quality of matez•ials and equipment. CITY OF FpRT WORTH STANDARD CZTY CCJNDITIONS -� DEVFd,OPEK AITJAADED PROJEC7"S Reeised: Januar}� 30,20(3 Standard Gity Conditions Of The Construction Contract For Deveioper Awarded Pro ects Page 14 of 35 C. All inaterials and equipment to be incotpoz•ated into the Work shall be stored, applied, instal3ed, connected, erected, protected, used, cleaned, and coi�ditianed in accordance with instructions af the applicable Supplier, except as atherwise may be provided in the Cantract Dacuments. 5.04 Pf�ojecl Schedttle A. Contractor shall adhere to the Project Schedule established in aecordance with Fai-agraph 2.01 and the General Requiremer�ts as it may be adjusted from time to time as provided below. 1. Contractor shalI submit to City far acceptance (to the extent indicated in Para�rapl� 2.01 and the General Reguireme�its) proposed adjustmei�ts in the Project Schedule. 2. Proposed adjustments in t}�e Project Schedule that will change the C<7nh-act 'I'ime shall be submitted in accordance with the requif•emerlts of Aeticle 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.QS Substitutes anc� "Qr-Equals" A. t�'llenever an item of material or equipment is specified o�� described in the Conttact Documents by using the name of a proprietary ztem or the name of a particular Supplier, the specification Qr description is intended to establish the type, function, appearance, arld quality required. Unless the specifcatioil or description contains or is fotlowed by words reading that no like, equiva(e11t, or "or-equal" item or no substitution is permitted, other iYems of materiai or equipment af other Suppliers may be submitted ta City far review under the circ��tnstances described below. i• "Or-Equal "�tems: If in City's sole disc��etiorl an item of matel•ial or equipment proposed by Contractor is functiotlally equal to that named and sufficiently similar so that na change in related Work wiCl be required, it may be cansidered by City as an "o�--equal" itetn, in which case review az�d approval of the proposed item may, i�z City's sole discretion, be accoinplished without compliance with some or all of the requireinents foz� approval of proposed substitute ite►ns. For tl�e put•poses of this Pat•agraph 5.45.A.1, a proposed itean of lnaterial or equipznent wi(1 be considert•ed functioilally eguat to an item so named if a. City determines tha.t: 1) it is at least equal in materials of construciion, quality, durabitity, appearance, strength, and design characteristics; 2) it will reliably perforin at least equally well tlle functioa� and a.chieve the results iznposed by tlze design concept of the completed Project as a funetioning wi�ale; and 3) it has a proven record of pet-f'ormance and availability of responsive service; and b. Gontractor certifies t11at, if appraved and incorparated into the Wor-k: 1) there wi11 be no inerease in cost to t11e City or increase in Contract Time; and C:ITY OF FORT VJOR'1'I{ STANDARD CITY CONDITIOiVS —[)IiVELOPER AWARUED PROJEC"CS Revised: January 30, 2013 00 73 I �- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 � of 35 2) it wiil confartn substantially to the detailed reauirei�enCs of the it�m nalned i11 the Contract Documents. 2. Substitute Iteyns: a. If in City's sole discreiion an item of material or equipment proposed by ConCractor does not c�ualify as an "or-equal" item under Paragrapli S.OS.A.1, it anay be submitted as a proposed substitute item. b. Contractor shall submit si�t'�cient information as provided below to allow Citv to determine if the itern of rnaterial or equipinent propased is essentially equivalen� ta that named and an acceptable substitute therefot•. Requests for review of proposed substitute items of material oi- equipmet�t rWill not be accepted by City fi•on� anyor�e athei� than Cort�tractor. c. Contractar sllall make written a�plication to City for �•eview af a proposed substitute item of i�laterial ar equipznent that Cont�•actox• seeks to furl�ish or use. The application shall comply witl� Section 01 25 00 and: 1) shall certify that !he proposed substitute item wil1: i. pez•form adequately the iunctions and achieve the �•esults called for by the general design; ii. be sitnilar• ii1 substance to that specified; iii. be suited to the same use as tl�at specified; and 2) will state: i. the exte3at, if any; ta which the use of the proposed substitute itein will prejudice Cc��tractor's achievement of final completion on time; ii. wllether use of th� proposed substitute item in the Work will requira a change in any of the Contract Documez�ts {or in the provisions of any other direct contxact wiila City for other work oi� the Project) to adapt the design to the praposed substitute itetn; iii. whether incarparation or use of the proposed substitute item irt� connection with the Work is subject lo payment of any license fee or royalty; and 3) will identify: i. all va�•iations af the proposed substitute item from that specified; ii. available engineering, sales, maintei�ance, repair, and repIacen�ent setvices; and CITY OF FORT' WORTFI STANDARD CI'1'Y CONDI'PIONS — DGVLLOPGR AWARBGD ARO7�CTS Revised: January Ib_ 2013 00 ?3 10- i 6 Standard City Conditions Of The Construction Gontract For Developer Awarded Projects Page 1 G of 35 4) shall cot�taii� an itemized estilnate of a11 costs or credits that wilt result directly or indirectly frotn use oi such substitute item, including costs of i•edesign atad Da�na�e Claims of other contraetors affected by any �•esulting change. B. Sz�bstitzate Constructinn ivfetl�ods or^ Pt�oceclu�es; If a specific means, method, technique, sequence, or procede�re of construction is expressly required by the Cantract Documents, Contractor n�ay �'urnish or utiliza a substitut� means, inethad, technique, sequeiice, or procedure of construction approved by City. Contr•actor shall submit sufficient i�xforn�ation to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to tlaat expressly called for by the Contract Documents. Contractor sl�all make writte�l appiication to City for review in the same manner as those providecl in Pai�agraph S.OS.A.2. C. Czt}�'s �valuation: City wilI be allowed a reasonable time �n�ithin which to evaluate each proposal oz� submittal made pursuant to Paragraphs 5.05.A and S.OS.B. City tnay require Contractor to furnish additional data about the pr•oposed substitute. City will be the sole judge of acceptability. No "or-egual" ox� substitute will be ordered, installed or� utilized until City's review is conlplete, ��hich will be evide��ced by a Cliange Order in th� case o�f a substitute a�ad a11 accepted Submittal for an "or-eQual." City will advise Contractar in writing of its determination. D. Speciul Guczr��ntee: City may rec�uire Contractar to furnish at Contraetor's expense a special performance guarantee, wari-anty, ar other surety with respect to any substitute. C�nt�•actor shcrll rndemn� and hold harrr�less C'ity und anyone directly or indirectly en�ployec� hy them_fi�om and agarnst a�ry �znc� all clui�szs, r�anzages, losses crnd expen.ses (including alt`oT^neys fee,$) ai�ising out o f the use of substztuted t��ater•icrls c�r equipn�ent E. Cit�f's C�st Reimbursernent: City will recox•d City's costs in eva(uating a substitute proposecl Ur submitted by Contractoz• pursuant ta Paragraphs S.OS.A.2 and S.OS.B. Whether or not City approves a substitute so proposed or sub�nitted by Cantractor, Contractor may be required to z•eimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for tlie charges fot• making changes in the Contract Documents. F. Carztractor�'s Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal" at Contractor's expense. G, Sub.stztute l�er.'mbursement: Costs {savings or char�es) attributable to acceptance of a substitute sliall be incorporated to the Coi�traet by Participatitib Chan�e 4rder. 5.06 P�re-Qualification o.f'Bidc�ers (Pr•ime Contr�crctors and Subco�tractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requit•ing pre-qualification 5.07 Concer-nzng Subc�ntt�actors, Supplze�^s, and Others A. 11�Iinorzty a�d Wonze� (hvt�ed Business Ente�^�rise Com�lrance: C[TY OF FORT WORTH STANDARll CI'[ Y CONDITIC)NS — DEV�;LOPER ARJARDED PRO7GCTS Revised:lanuary l0, 2013 Standard City Condifions Of The Construction Contract For Developer Awarded Projects Page l 7 of 35 ❑ Required for tl�is Contract. (C`I�ec:� 'this i�c�.k i1 thcrc i; �my <,itg� 1'artSc��atiara) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Miz�oz•ity and Wanien Business Enterprises (MWBE} in the procurement af baods and services oi� a contractual basis. If the Corltract Documents provide for a MWBF �;oal, Contractor is requi��ed to comply with the intent of the City's M�JBE O�-dinance (as amended) by the fol(owing: 1. Contractor sha11, upon request by City, provide compiete and accurate infarmation 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. Atiy unjustified change oi• deletian sha11 be a lnaterial breach of Contract a��d i��ay eesult in debal•ment in accordance with the procedures outlined in the Ordinance. 3. Contractar shall, upon request by City, a(low an audit a�id/o�• examination af any books, records, or files in the possession of the Cont1•actor that will substantiate tl�e actual work performed by an MWBE. Material misrepresentation af any nature will be grounds far termination of the Contraet. Any such ti�isrepresentation may be grouzzds for disqualifieatiot� of Contractor to bid an future contracts with the City far a period of i�ot less than three years. B. Co��tractor shall be fully responsible to City for ali acts ar�d amissions of the Subco�ltractors, Suppliers, and other individuals or entities performing or fi►rnishing any of the Wark just as Contractor is responsible for Co�itractor's own acts and amissions. Nothing in the Contract Dacuments: l. shall create for tl�e bei�efit of any such Subcontractor, Supplier, or otber individual or entity any contractual z•elatior�ship between City and any such Subcontractor, Supplier or otllel• individual or entity; nor 2. shall create any obligatiot� on the part of City to pay or to see to the payme��t of any moneys due any such �ubcann•actor, Supplier, or otl�er individual or e��tity except as may otherwise be rec�uired by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Wock of Subcontractoi•s, Suppliers, and other individuals or entities perfoz•min� or furnishing any of the Work unclez• a direct or indirect contract with Contractor. D. Al( Subcontractors, Suppliers, and such other individuals or entities perfor�ning or furnisllir�g any of the WoY•k shall commuzlicate with City through Contractor. E. All Work perforined for Contractar by a Subcontractor or Supplier will be pursuant to an appropriate agree�netlt between Contractor and the Subcontractor ar Supp[ier which speci�cally bilzds the Subcontractor or Supplier to the applicable terms ai?d conditions of these Contract c�TY oF roaT woR�rr� STANDARD CITY CONDI"I'[ON$ — llEVGLOPER AWARDED PROJECTS Revised: Janua�}� 10, 2413 0073 10- l8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 A of 35 Documents, Contractor shall provide City coz�tract numbers and reference l�umbers to the Subcontractors and/or Suppliers. 5.08 Wccge Rates ❑ Required for this Cantract. Nat Required for this Contract. A. Duty to pay P1�evailing Wrzge Rutes. T11e Contractor shall co�nply with all requit-einents of Chapter 2258, Texas Government Code (as amended), includiz�g the payment of not less thai� the rates detennined I�y the Cit}� Cour-�cii of the City of Fort Worth fo be the prevailitlg wage rates in accordaxace with Chapter 2258. Sucl� prevailing wage rates a�•e i��Iuded in these Col�tract Documerlts. B. Penalty f�r Violalian. A Gontractor or any Subcontractor who does not pay the prevailing wage shall, upon demand »�ade by tl�e City, pay to tlle City $60 for each worker employed for each calendar day ar part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract docurnents. Tl�is penalty s1iall be retained by the City to offset its administrative cosis, pursuant to Texas Governlnent Code 225$.023. C. Cvmplaints af Violatians and Cily Detern�ination of Gor�d Cau.re. On receipt of information, iucludirtag a complaint by a worker, concerning an alleged violation �f 2258.023, Texas Government Cade, by a Cant�•actor or Subcontractor, the City shail malte an initial determit�ation, beFore the 31 st day after the date the City receives the information, as ta whether good cause exists to believe that the violation occurred. The C,ity shall notify in ��vritin� the Caniractor ar S�ibcontractor 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 Ghapter 2258, the City shall retain tl�e full amounts clainled by tl�e elaimant or claimanis as the differet�ce between wages paid and wages due undel- the prevailing wage rates, such amaunts being subtracted from successive pragress payments pending a final determinatian of the violation. U. Arbitration Requr��d if Violaiion Not Resolved An issue relatirlg �o an alleged violation of Section 2258.023, Texas Governrnent Cade, includix�g a penalty owed to the City or az1 affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Ar�icle 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worlcer does not resolve the issue by agreement before the 15th day after the date the City inalces its initial determination pursuant to Paragc�aph C above. If the persons required to arbitrate under this section do ��ot agree on an arbitratar before the 11 th day after ihe date fihat a�bitration is required, a district court shall appoint an arbitrator on the petitioax of any of lhe persons. The City is n�t a party in the arbitration. The decision and award of the arbitrator is final and bit�ding ot�t all parties and xnay be enforced in any coui•t of eompete�lt jucisdiciion. E. Recorc�s to be Maintuzned. The Contractor and each Subcontractor shall, for a period of three (3} years follawiz�g the date of acceptance of the work, inaintain records that show (i) the name and CITY OF FC)R'I' WOR7'H S'PANDAItD C[TY OONDITIONS — DF.,VL;L(?P�R AWARD�D PROJECTS Revised:January 10,2013 00 73 ] 0- 19 Sfandard City Conditions Of The Construction Contract For Qeveloper Awarded Projects Page 19 of 3� occupat3on of each worker employed by the Cotltractor in tl�e construction of the Work provided for in this Contract; and {ii) the actual per diein wages paid to each worker. The records sl�all be open at ail reaso�aable hours for inspectioz� b�� the City. The pa-ovisions of Paragraph b,23, Rig11t to 1ludit, shall perCain ta tl�is inspection. F. �yogl�ess Paynaents•. Witla each progress payment or payroll �ez•iod, wl�ichever is less, the Contractor shall submit an affidavit stating that the Contractox• has complied with the requirements of Chapter 2258, Texas Government Code. G. Postitzg of Ytjage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Sul�eonty�act��^ C'orzapliance. The Cantractor shall include i�1 its subcoz�tracts and/or shall otherwise require a[1 of its Subcot�tractors to cornply with Faragraphs A through G above. S.OR 1'atent Tees and Royalties A. 7'o the , fullest extefxt perrnitted by Lcztivs anc� Regulations, Contractor shall indemn� and 1�olc� l�artnless City, �on� anc� against all clazms, costs, losses, and damc�ges (including but nol lr.'mited to all fees ancl cha�ges of engineers, architects, attorney,s, arrd other ps�ofessionals and all c�urt or aNbil,r�aiion or othe� dispute resolutzon costs) crrising out o,f'or relating tv any infi•ingenzeni o.f patent rights or^ cot�yrights rncident to the use it� the perforrnance of the Work or resulti�g fi-�rn the inco�por�atio�� in the T�i�of°k of any rnvention, design, proces.r, prodzcct, or device not specrfied in tl�c Contract Doczfrne�ts. S. ] 0 Laws at�d Regul�ztioras A. Contractoz� shall give a(1 notices required by and shall compty with all Laws and Reg�alations applicable to the performance af the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City sl�al[ not be responsible for tnonitoring Contractor's cotnpliaz�ce with any Laws ox• ReguIations. B. If Cantractor performs any Work knowing or having reason to know that it is contraay to Laws or Regulations, Conlractar shall bear all claims, costs, losses, and damages (including but nat limited ta all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration ar ather dispute resol��tion costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibiliry to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not i•elieve Cantractor of Contractor's ohligati�ns und�r Faragraph 3.01. 5.1 l Use �f'Sr'te and OtherAreas A. Lr.'mitalion an �Ise a, f Site crnd �the� Areas: 1. Contractor shall con�ne construction equipment, the stotage of materials and equipinent, and the operations of worker•s to the Site and othe�, areas perinitted by Laws and Regulatio�as, and shall not unreasonably encuinber the Site and other areas with canstruction equipment or CITY OF FORT WQRTH 3TANDARll CITY CONDI7'IONS - D�VGLQPER AWARDED PROJEC'I'S Revised: January 1 D, 2p 13 �0 73 I �- 2Q Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 c�ther materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or accupant thereof, or of any adjacent Iand or areas resulting frorn the performance of tlle Work. 2. At any time wlien, in the,jud�meilt of the City, the Contractor has o6structed or closed or is carrying on aperations in a portion of a street, right-of-way, or easelnent greater than is necessary for proper execution of the �Vork, the City nlay require tl�e Cantractor to �nish the section on which operations are in peogress befot•e work is cominenced o�1 a�1y additiat�al az-ea af t��e Site. 3. Should any Datnage Claian be made by any s�.lch owner or accupant because of the pecformance of the Work, Cantractor s17a11 proialptly attempt to resolve the Damage Clai�n. 4. Pur�sua�t t� Pat•ag-r^a�h 5.1 c�, Conts°acta�� shall zn�t'ert�n� and hold harmle.ss C'iry, , ft•orra and againsi ctZZ c�aims, cosCs, losses, and damages rcNising out of � oY relating to �ny clarrrr or aclron, Zegal or equitable, brought by a�y such awner o� occupernt ag�inst City. B. Rertzo��al �f Debris During Pej forn2ance of � i.he I�irork: During the progress of tlae Work Contractor shall Iceep tl�e Site and other areas free from acc�amu(ations of waste materials, rubbish, and other debris. Removai and disposa( af such waste materials, rubbish, and ot}�er debris shall conforan to applicabte Laws and Regu(ations. C. Sr.'te Maintenance Cleanin�.• 24 hours after written z�atice is given to the Cantractor that the clean-rzp on the job site is proceedizlg in a manner unsatisfactory to t11e City or Developer, if tlle Cantractor fails ta carrect the unsatisfaetory proeedure, tlze City may take such direct action as the City deems appropriate ta correct t1�e clean-up deficiencies cited to the Contractor in the written z�otice (by lette►� ar electi•onic cammunication), and shall be entitled to t•ecover its cast in doing so. Tl�e City may withhold Fina1 Acceptance ur7til clean-u� is complete and cost are recovered. D. Final Site Cleaning: Pi•ior to Final Acceptance of the Work Contracto�• sliall clean the Site and the Work and make it ready far utilizatian by City or adjacent propet-ty o�x�ner. At the completion of the w'ork Contractor shall remove from the Site all tools, appliances, construction equipment and ��nachinery, and surplus rnaterials and shall restore to original condition or better all property disturbed by the Work. E. Loaditag St�uctures: 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 oftl�e Work or acijacent property to stresses or pressures that will e�adanger it. 5.12 Recor^d Documcnts A. Contractor sliall maintain i�i a safe place at the Site or• in a place designated by the Contraetor and approved by the City, one {1) record copy of al1 Drawings, Specifcations, Addenda, Change Orders, Field Orders, and writteri interpretatiotls atld clarificatians in good order and annoiated to show changes tnade during conatz•uction. These record doculnents together with all approved C[TY OF FORT WORTH S"tANI�ARD CITY CONDI"I'l4NS — DLVE;LOPER A WARDED PROJGC'I'S Revised: )anuary 10, 2D13 00 73 10- Z 1 Standard City Conditians Of The Ganstruction Contract For Developer Awarded Projects Page 21 of 3S Samples and a counterpart of ail accepted Submittals will be available to City for reference. Upon completion of the Woz•k, these record docGatnents, any operation and maintenance nlanuals. and Subinittals will be delivsred to City �prior to Final Inspection. Co7ltraetor shall include accurate (ocatio�ls for buried and imbedded ite�ns. 5.13 Safety and Pt ot�ctzon A. Contz•actox• shall be solely respansible for initiatit�g; inaintaining and supervising all safety precautions and programs in coi�nection with the Work. Sucli responsibility does not relieve Subcoi�tractors of their responsibiiity for the safety of pet•sons ar property it� the performance af their work, nor %r cor-npliance with applicabie safety Laws and Regulations. Contractor sha11 t�lce alI necessary precautions fc�r tl�e safety of, ai�d shall pz•ovide the necessary protection to prevez�t damage, injury or loss to: 1. all persons on the Site ai• wl�o i��ay be affected by the Worlc; 2. all tlle Wo►•k and materials and equipment to be incorporated therein, whether in storage on or off the Site; and ather property at the Site oz� adjacent tllereto, includi�ig trees, shrubs, lawns, walks, pavemerlts, roadways, structures, utilities, and Underbrouaad Facilities not designated for reznoval, relocation, or zeplacement in the course of construction. B. Gax�tractor shall comply with all app(icable Lat�s and Regulations relating to t11e safety af persans or property, or to the protection of persons ar prope�-�y from damage, iiajury, or loss; and shall erect and maintain all necessary safe�uards for such safety and protection. GantracCar shall notify owners of adjacent property and of Underground Facilities at�d other utility owners wheti prasecution of the Work may affect them, and shall cooperate with them in tlie protection, removal, relocation, and replace�nent af their property. C. Contractor s1ia11 comply with the appIicable reqti�irements of City's safety px•ograms, if any. D. Contraetor shall il�form City of the specific requirements of Contractor's safety prog�•am, if atay, with which City's employees at�d representatives i�nust comply whzle at the Site. E. All clamage, itijury, or loss to any property referred to iti Paragraph 5.13.A.2 or 5.13.A.3 caused. directly or indirectly, in whole or in part, by Corltractor, az�y Subcontractor, Supplier, or any other individual or ezZtity dir•ectly or indirectly employed by any of them to pez•form any oi the Worlc, oc anyone for whose acts any of t11em may be liable, shall be remedied by Contractor. F. Contraclor's duties and responsibilities for safety and for protection of t11e Work shall cotitit�ue until such tin�e as all the Work is completed and City has accepted the Work. 5.14 Sczfety Repr^esentaCive Contractor shall inforza� City it� writii�g of Corltractor°s designated safety representative at the Site. CI"fY pF FOR7' WORTH 3TAiVDARll CI`I'Y CONDI"I'[Oi�IS — t�EVELOPER AWARDED PRn1I;CTS Revised: January 10, 2Q 13 0o r �a- zz Standard City Conditions Of The Construction Contract For Deueloper Awarded Projects Page 22 of 35 5.1 S Ha�ard Communieation Pa-�grarns Contractor shall be respor�sible for coordinating any exchange of material safety data sheeis or other hazard cotnmL�nication information required to be made available to ol- exchanged between or a�nong ernployers in accordance wit12 Laws or Regulations, 5.16 Subrnrttals A. Contractor shall s«bmit required Submittals to City for review and acceptance. Eacl� submittal will be icletltified as required by City. t. Submit number of copies speci�ed in the General Rec�uire�nents. 2. Data shown on the Subi��ittals will be coinplete with 1�espeet to quantities, dimensions, specified performance anci desig�l criieria, materials, and si�nilar data to show City the services, mater•ials, and equipment Contractor p�•oposes to provide and to enable City to review the information for the limited purposes rec�uired by Paragraph 5.16.C. Subinittals subinitted as hereif7 pravided by Contractor and reviewed by Ciiy far conformanee with the design concept sha11 be executed in corlformity with the Contract Documents unless otherwise rec�tzired by City. 4. When Submittals are subrnitied for the pui-�ose of showing the ialstallation i13 greater detail, their review shall not excus� Contractar fram i•equirernents shown on the Drawings atid Speci�cations. S. For-Ir�formatian-Only submittals upon which the City is i�ot expected to cot�duct review or take responsive action may be so idetitifed in the Contract Documents. 6. Subinit required number o� Samples speci�ed in the Specifications. 7. Clearly identify each Sa�nple as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may re�uire ta enable City to review the submittal for the limited purposes eequired by Paragraph 5.16.C. F3. Where a Submittal is required by tl�e Contract Documents or the Schedule of Sub�r�ittals, any related Wark performed prior ta City's review and acceptance of the pertinent subznittal will be at the sole expense and z•Esponsibilit� of Contrac�or. C. City's Review: ]. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable ta City. City's review and acceptance will be only to determine if the items caver�d by the submittals wil1, after installatian or incorporation in the Woi�k, confort•m to the information given in the Contract Docurnents and 6e compatible with tlle design concept of the completed Project as a functioning whole as indicated by the Contract Docutnents. ci�•v or ��oa�� won�r�i S7'ANI�ARI3 CITY CONDI"I'IONS — DF,VlLOPER AWARDED PR01EC"CS Revised:.lanuary ]0,2013 00 73 10- 23 Standard City Conditions Of The Construction Confract Fpr Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will nat extend to means, methods, techliiques, sequences, or procedures of construction (except wlYere a particular means, inethod, teck�nique, seqaence, or procedure of constructian is specifically and expressl}t catled for by the Cantract Docu�nents) or to safety precautions or prograrns incident thereto. The review and acceptance of a separate item as such will tiot indicate approval of the assembly i�1 which the item functions. City's review and aeceptance shall not relieve Coniractor from responsibility for any variatio�7 from the requirements af tl�e Contract Documents u��less Coi�tractor has coinplied with the requirements of Seciion 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in o�• accompanying the Submittal. Citiy's review and acceptance sl�ali not relieve Contractor from responsibility for complying with the reqti�ire�nents of tl�e Contract Documents. 5.17 Conts�actofR's �et�e�crd Warrcrnty and Uuurantee A. Contractor warrants a�Yd guarantees to City that all Work v�rill be in accardatice with tile Contract Documents and �till not be defective. City and its office�•s, directors, members, partnei•s, employees, agents, consultants, and subcontt•actors shall be e�ltitled to rely on t•epreseiltation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, ar improper znaintenance or operatian hy persons other than Contractor, Subcont�•actars, Su�pliers, �r any other individual or entity for whom Contractor is z•esponsible; oi- 2. normaI wear and tear under normal usage. C. Contractor's obligaCion to perfarm and complete the Worlc in accordance with ihe Contract Docuir�ezzts shall be absQiute. None af the f'ollowing will col�stitute an acceptance of Work ihat is not in accordance with the Cantract Qocuments or a release of Cantractar's obligation to perforin the Work in acaardance u�ith the Contract Documents: 1. observations by City; 2. recomtnendation or payment t�y City oc• Developer of a��y progress or final payment; 3. the issuance of a eertificate of T'inal Acceptance by City or any payment related thereto by City; 4. use or occupancy ofthe Work ar any part tlYereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test; or appraval by others; ar crrY or- rax�r woR�rx S1'AIVDARD CITY CONDI7'IUNS — DL;VI;LO]?TR AWARDGD PRO.IECTS nevised: Janua�- 1Q 2013 Standard City Cpnditions Of The Construction Contract For Developet Awarde�d Pro e ts Paga 24 of 35 7. any correction of defective Worlc by City. D. The Cont�•actor shall remeciy any defects or damages in the Work and pay for a��y damage to other work or property resultin� therefrom which sl�all appear within a period of two (2} years froan the date of Final Acceptance of the tiVork unless a longer period is specified and shall furnish a good and suff cient maintenance bond, comptyin� with the requirements of Article 4.02.8. The City will give i�otice of observed dePects with reasonab(e pt-oar�ptness. 5.18 Indemni�catioll A. Contractor covenants and agrees to indemnify, hold l�ai•mless and defend, at its �wn expense, the City, its officers, setvai�ts and employees, from and against any and alI clairr�s arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, einployees, subcontractors, Iice�lses ot• invitees under this Contract. THIS INDEiYINIFICATI4N PROVISION IS SPECIFICALLY INTEi'�DED TO OPERATE AND BE EFF�CTIVE EVEN IF IT IS ALLEG�D OR PRCJ�V�N THAT ALL iJR St?ME OI+ TH� DANIAGES BEING SOUGHT WERE CAUSED IN WH�LE OR IN PART BY ANY ACT QMISSION QR NEGLTGENCE OF THE CITY. T11is indemnity pravision is intended to iticlude, without limitation, indeznnity for costs, expenses a��d legal fees incun•ed by the Gity in d�fendiT�g against such claims and causes of actions. B. Contractor covenants and agt-ees to indemnify ai�d l�old harmless, at its own expense, the City, its o�cers, servants and employees, froin and agaii�st any at�d all loss, dama�e or destructio�� of propei-ty of the City, arising out of, ot• alle�ed to arise out of, the work and services to be performed by the Coi�tractor, its officers, agents, employees, subcontractors, licei�sees ox- invitees itnder this Contract. THIS INDEMNIFICATIQN PROVISION IS SPECIFICALLY INT�NDED TO OPERATE AND BE EFFECTIVE EVEN IF TT IS ALLEGED OR PR()VEN THAT ALL C1R SC}ME OF THE llAMAGES BEING SOUGHT WERE CAUSED IN WHOL� OR IN PAR.T BY AIoIY ACT OMISSION OR IYEGLIGENC� 4F THE CTTY. 5. l 4 Delegation of'Professranc�l Design Services A. Contractor will not be required ta provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or u��less such services are required to carry out Contractot-'s responsibilities for constructioi� means, inethods, techniques, sequences a�zd procedures. B. If professional desig�i services or cez•tifications by a design professiot�al related to systems, materials or equip�nent are specifically required of Cantractor by the Contract Documents, City will specify all perfor�na�ice and design criteria that such sei�vices must satisfy. Contractor sllall cause such services or certi�catiot3s to be provided by a properly licel�sed professional, whase signature and seal shall appear on all drawings, calculations, specifications, certi�cations, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shail bear such professional's written approval when submitted to City. CITY OP FORT �1VOR7'I-I STANI�ARD C,I"IY CONDITIONS — DPVGLO}'ER nV1%ARDFD ARO.tECT$ Revised: Ia�ivary I0, 20 t 3 0� ?3 10- 2� Standard City Conditions Of The Construction Contract For Develaper Awarded Projects Page 2� of 3� C. City shalt be entitled to rely upon the adequacy, accuracy and conipleteness of tl�e services, certi�cations or approvals performed by such design prafessionals, provided Cit�� has speci�ed to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph S.19, City's review and acceptance of design calculations and desigti di-awings will be only for the limited purpose nf checicing for conformance with performance and design criteria given and the design concept expressed in the Cantract Dacuments. Citys review and acceptance of Submittals (except design calculatio�Is and design drawings) will be only far tlie pux•pose stated in Paragraph 5.16.C. 5.20 Right t� Aztdrt..• A. 'I'he City reserves the right to aud�t alI projects uti[izing City funds B. Tl�e Gontractor a�rees that the City sl�all, until Che expiration of three (3} years after final payment under this Contract, have access to and the righi to eYa�nine and photacopy ai�y directly pertinent books, docuznents, papers, and recards of the Ca3ltractor involving transactions relating to this Contract. Contractor agrees tl�at the City s1�a11 Iiave access during Re�;ular Working I-Iours to all neeessary Contraetor faciliYies and shall be prc�vided adequate ancl appropriate w�orlc spaee in order to conduct audits in cotnplia�lce with tl�e provisions of this Paragraph. The City shal( give C�ntractor reasonable advance notice of� iiztended audits. C. Contractor firx-t11er agrees to include in all its subcontracts here�ulder a provision to the effect that tl�e subcontractor agrees that the City shall, until the expiration of three (3) years after f nal payment tiinder this Contract, have access to and the right ta examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involvin� transactians t� the subcontract, and further, that City shall have access during Regular Worlcing Hours ta all Subcontractor facilities, and shall be pravided adequate and appropriate work space in order to conduct audits in compliance writh the provisians of tl�is Paragraph. The City shall give Subcontractor reasonable advance natice of intended audits. D. Contractor and Subcontractor agree to photocopy such documei�ts as may be requested by the City. The City a�;rees t� reimbut•se Cantractor fo7• the cost of the copies as foiIows at the rate published in the Texas Adininistrative Code in effect as af the time copying is performed. 5.21 Nondiscrimr.'natr.'on �. The City is respoilsible foi• aperating Public Transpor�tation Programs and implernenting transifi- related praj�cts, whict� are fi�nded in pat�t with Federal �nancial assistance awarded by the U.S. Department of Transportation axid the Federal Transit Administratian (I'TA}, without discz•irninatin�; against any person in the United States on the basis of race, color, or national OI'I�III. B. Title vl, Civil Rights Act of'196� as amended.: Contractor shall comply with tlte requirements of the Act and the Regulations as fur�l�er defined in the Supplementary Conditions for aliy project receiving Fede�•al assistance. CITY OP FOR7' WOR'Cf f STANUARD CITY COND�TIONS -- DEVLI,OP)vR AVJARUi3ll PRQJEC"CS I2evised:Januan 10,2�13 00 73 1(l- 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 Relaled Wor•k at Site A. City may perfar�n other work related to the Project at the Site with City's employees, or othe�- City contractors, or through other direct contracts therefor, or have other u�ork perfor�ned by utility owners. If such other wox-k is not noted in the Contract Documents, tllen written raotice thereof will be given ta Contractor pt•ior to star-ting any such ather work; and B. Contz�actar shall affard each other conteactor who is a�arty to such a direct contract, each utility awner, and City, if City is performiz�g other work with City's employees or other City coi�tractois, praper and safe access to the Site, provide a reasonable opportunity for the introduction and stoz•a�;e of �naterials and equipment and the execution of such other work, and properly caoi•dir3ate the Wo�-k with theirs. Contractoz• sha(1 do aIl cutting, �tting, and patchit�b of the Work that may be rec�uired to praperly connect or otl�erwise enake its several parts come togethe�• a�1d properly integrate with suc11 other work. Cantractor shall not endanger any work af others by cuttin�, excavating, or otherwise altering such wark; provided, howev�r, that Cantractor �nay c�rt or alter other•s' v��ork with the wt�itten consent of City and the others whase work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work perfor«Zed by others undei� this A�-iicle 7, Contractor shaIl inspect suel� other worl� and prainpt(y repol-t to City in writing any delays, defects, or deficiencies in such other wark that render it unavailable or unsuitab(e for the proper execution az�d results of Cantractor's Work. Contractor's failure to sa report wiil constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except fai• latent defects in the work provided by othels. ARTICLE 7 — CITY'S RESPONSIBILITIES 7.01 Inspections, Test;s, and Approvals City's responsibility with respect to certain inspections, tests, and appt•ovals is set farth in Paragraph 1 ] .03. 7.02 Lzmitatiorrs on City s Respc�nsihilrlies A. The City shall not supervise, direct, or have control ar authority aver, nor be responsible for, Contt�actoe's means, methods, techniques, sequences, or procedures of co��struction, or the safety precautions and programs incident thereto, or for any failure of Contractor to coznply with Laws and Regulations applicable to the perfort7nance of the Work. City will not be responsible for Contractor's i�ailure ta perfarm the Work in acco�•dance with the Contract Documents. B. City will notify the Contractot� of applicable safety plans pursuant to Pa1•agraph 5.13. C17`Y qI� J�ORT WOATH STANDARD CITY CONDI"CIt)NS — DEVELOPIiR A1�'ARDED PROJECT'S Revised: Jai�uary 10, 2Q 13 00�3 �o-z� Standard Gity Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 3S 7.03 Con�pliance with Sa, f'ety Pr^ogram While at tl�e Site, City's einployees and representatives shall comply with the specific app(icable requirements of Contractor's safety praga•ams of which City l�as been informed pur•suant to Paragraph 5.13. ARTICLE 8— CITY'S QBSERVATIC}I'�T STATUS DURING CONSTRUCTIC�N 8.01 C'il��'s PNoject Representative City wiil provide one or �nore Project Representative{s) during the constructian period. The duties and responsibilities and the limitations of authority of City's �•epresentative during construction are set forth in tl�e Contract Dacuments. A. City-'s Project Rcpresentative will malte visits to tlle Site at intervals appropriate to the various stages of construction as City deems t�ecessat•y in order to obse�•ve tl�e progress that has been made and the quality of the various aspects of Contractor's executed Work. Based an it�formatioil obtained durin� such visits and observations, City's Project Repeesentative will deter��3ine, in general, if the Work is proceeding in accordance with the Catltt•act Documents. City's Project Representative will not be required to make exhaustive or continuous inspecti�ns 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 greate�� degree of canfidence that the completed Wark w�ill conform gerlerally to the Contract Documents. B. City's .Praject Representative's visits and observatians al•e subject to al1 the limitatians on autl�ority and responsibility in tl�e Contract Doeuments. 8.02 Aulhot�zzed T�ctriation,s in Work City's Project Representative may authorize nnitlor variatioiis in the 't��ork froln the requirements of the Contract Documents which do not involve an adjust�nent in the Contract Price or the Contract Tane and are compatible with the design ca�lcept of the comp(eted Praject as a functioning whole as iildicated by the Contract Docu�nents. These may be accolnplished by a Field Order and will be binding on City Developer, and also on Cantracto�•, who shall perform the Work involved promptly. 8.03 Rejecting Def'ective Wor�k City will have authority to reject Wark which City's Froject Representative believes to be defective, o�• will alot produce a completed Project that conforans to the Contract .Documents or that will prejudice the integrity of the design concept of the completed Praject as a functionin� whole as indicated by the Contract Docuznents. City will have authority to conduct special inspectior� oi• testizlg of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or compl�ted. CI'IY �I' FORT WOR7'H STIiNDARD CI7'Y CC)NDITIONS — DEVGLOPEIZ AWARDT'D PRC>JLC'1"S Revised: January ] 0, 2013 00 �3 10- 28 Standard City Conditions Of The Construction Gontract For Develaper Awarded Projects Page 28 oP3S 8.04 L?etexminatiot�s, fo� WoYk Per fat med Corlti•actor will deter�nine the actual q��antities and classifications of Wark performed. City's Project Re�resentative will ;•eview with Cotltractar the preliminary detet7ninations on such tnatters befare rendering a wr•itten recommendation. City's written decision wiil be final (except as inodified to reflect cl�anged Factual conditions or more accurate data}. ARTICLE 9— CHANGES IN THE WOIZK 9.0 ] Authorized Chunges in the WotRk A. Without invalidating the Contract and without �zatice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of sucll Extra Work, Col�tractor shall promptly proceed with the Wo��lc involved which will be performed under the appiicable cc�nditions of tlie Contract Documents (eacept as otherwise specifically provided), Cxtz•a W�rk shall be memorialized by a Participating Change C)rder which may or tnay l�ot precede an ordei• of Extra v��ot•lc, B. For minor changes of Work n�t requirin� cha�lges to Contract Time or Contc•act Price on a praject with City participation, a Field Order may be issued by the City. 9.02 Notificatr.'on t� SuT^ety If the provisions of any bond require notice to be given to a surety of any chan�e affecting the general scope of the Work o�• the provisions of the Contract Docainents (including, but not limited to, Contract Price ar Cantract Time), the giving of aily such notice will be Cantractor's responsibility. `I'l�e amount of each applicab(e bond wi11 be adjusted by the Contractor to reflect the effect of any suci� cl�an�e. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE QF CONTRACT TIME 10.01 Chaf�ge �f Contt•act Price A. The Contract Price lnay anly be changed by a Participating Change Order far projects with City participation. l 0.02 Change of Contv�acC Tinze A. The Contract Time may only be changed by a PaY-ticipating Change Order far projects with City pac-ticipafiial�. 10.03 Delay.s A, If Contractot- is delayed, City shall not be liabie to Caziteactor for any claims, costs, losses, or datnages (including but not limited to all fees and charges of engineers, arcllitects, attorneys, ai�d othe�• prnfessionals and all court or arbitration or other dispute resolution costs} sustained by Contractor on or in cot��lection witl� any other project or anticipated project. CIT1' QF FORT VI'QRTI-I STANDAR[7 C1TY CONDI7'IONS — DE;VFI,OPGR A WARDED PROJECTS Revised: January 10, 2013 QO 73 1(l- 29 Standard Gity Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 3� ARTICL� I1— TESTS AND INSI'�CTIt�NS; CQRRECTION, REMCTVAL pR ACCEPTANCE OF DEFECTIVE W(3RK 11.O1 N�tice of'Defects Notice of all defective Work of which City has actual Icuowledge will be �;iven to C�ntractor. Defective Work may be rejected, corrected, or accepted as provided in t(�is Artic(e l 3. 11.02 Access to War•k. City, independent testing laboratories, and governmental agencies with jurisdictional interests wili have access #o the Site and the Work at t•easonable times for tlzeir observation. inspection, a11d testing. Contractor shall provide thein proper at�d safe cot�ditions for suc13 access and advise then� of Contractor's safety procedures and px•ograms so that they may comply therewith as applicable. 11.0� Tests anc� Ins�ecti�ns A. Contractor shall give City timely notice of readiness of the Work for aIl required inspections, tests, ai� approvals and shall coo�erate with inspection and testin� personnel to facilitate requi��ed inspections or tes�s. B. If Coiltraet Documents; Laws or Regulations of any pubtie body having j�arisdietion require any of the Work {or part thereo� to be inspected, tested, or approved, Contractor shal( assu�ne full responsibility foz• arrangin�; and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewitl�, and furnish City the required certificates of i�ispection or appi•oval; excepting, l�owever, those fees speci�cally identified in the Scipple�nentary Conditions or a��y Texas Department of Licensure and Regulation (TDLR) inspections; which shall be paid as described in the Supplementary Conditions. C. Contractor shall be x•esponsible for arranging and obtaining and shall pay all costs izi connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be ic�corparated in the Work; or acceptance of materials, mix desigi�s, or� equipment submitted for approval priar ta Contractor's �urchase thereoi far incoiporation in t(�e Work. Such inspections, tests, re-tests, o�• approvals shall be perfortned by orgar►izations approved by City. D. City �nay arranbe for the services of an independent testing laboratary ("Testing Lab") to perforirr any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Sl�oitld any Testing under this Section 11.03 D result in a"fail", "did not pass" or other similar negative result, the Cot�tractor shall be responsible fo�• payiiag for any and all retests. Contractor's cancellation without cause ot' City initiated Testing shall be deemed a negative result and reguire a retest. CI'1Y Or FOR7' WORTI-1 S7'ANDAKD CITY CONDITIONS — DEVE'LOPER AWARDED PROJ�CTS Revised: January 10, 2013 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects 1'age 30 of 3S Any amounts owed for any retest under this Section l I.03 D shall be paid di�•ectly to the Testing Lab by Contractor. City will forward all invoices for retests to Deve loperlContractor. 4. If Contractor fails to pay the Testing Lab, City wil� not issue a letter of Final Acceptance unti[ the Testing Lab is Paid E. If any Work (or the wark of others} that is to be inspected, tested, or approved is covered by Conti•actor u�ithout written concurrence of City, Contractoz� shal(, if t•equested by City, uncover such Wotk for obsetvation. 1 l .04 Unc�vering W�lrk A. lf any Work is covez•ed contra�y to the Contract Documet�ts or specific instructions by the City, it must, if requested by City, be w�cover•ed for City's obsez•vation and replaced at Contractor's expei�se. l 1.OS City May Sto� the l�ork If the Work is defective, or Conti•actor fails to supply sufficient slcilled woz°kers or suitable materials �r equipment, or fails to perform the Wark in such a way that the completed Work wi(I conform to the Contract D�cuments, City may order Contractor to stop the Work, or any portian thereof, until the cause for� such arder has been elixninated; however, this ri�ht of City to stop tlie Work shall not give rise to any duty on the part af City to exercise this riglit for the benefit of Cantractor, any Subcontracto�•, any Supplier, any otlaer individual or entity, or any surety for, or employee oe agent of any of thean. 11.06 Correcti�n or Removal of Defective Work A. Promptly after receipt of written notice, Contractot• shall correct atl defective Work �aursuant to an acceptable schedule, whether or not fabricated, installed, ot• campleted, or, if the Work has bee�i rejected by City; remove it from the Project and x•eplace it with Work tliat is not defective. Contractor s11a11 pay all claims, costs, additional iestin�;, losses, and damages (including but not Iimited to all fees and charges of engineers, architects, attorneys, and other p�•c�fessionals and all eourt or arbitration or atl�er dispute resalution costs) arising aut of or relating to such coreection or renaoval (including but not limited to all costs af repair or replaceil�ent of work of others). Failure to require tl�e removal of any defective Work s11a11 not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 1].06 or Paragraph 11.07, Contractar shall take no action thaf would void or otherwise impair City's special warranty and guarantee, if any, an said Work. 11.07 Carrecl.ion Period A. If within two (2) years after t(1e date of Final Acceptance (or• such longer period of time as may be prescribed by the tertns of any applicable special guarantee required by the Contract crrY o}� coR1� woRT�-� STANDARD CITY CONDIT[ONS — DLVELOPER AWARI�ED PROJF.C7'S IZevised: January 10, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Proje ts Page31 of3� Documents), a►�y Worlc is found to be defective, or if t}�e repaie of any dai�aages to tl�e land or - a►•eas tnade available far Contractor's use by City ar permitted by Laws azld Regulations as contemplated in Parag�•apl� S,10.A is found to be defective, Cantractor shall promptl}�, v�vithotat 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 eeplace it with Work that is not defective, and 4. satisfactorily correct or repair ar remove and replace any clamage to other Woz•k, to the work of others ot other land or areas resulting therefrom. B. �f Contractor does not pc•omptly comply with the terms of City's writter► instructians, or in a�l emergency wllere delay would cause serious x•isk of loss or damage, City �x�ay have the defective Work corrected or re}�aired or n�ay have tl�e rejected Wotk rennaved and replaced. Alt claims, costs, losses; and damages (including but not limited ta all %es and charges of engirleers, architects, at�orlleys, and other professionals and all court or other dispute resolution costs) arisitlg out of or rela�ing to such correction or �•epair ar such removal azld replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Cozztz•actor. C. Where defective Vitorlc (and clamage to other Work resulting tlaerefrom) has been corrected or renloved and replaced under this I'aragraph 11.07, the correction period hereunder with respect to such Work may be �•equil•ed to be extended for an additianal period of oxle year after the end of the ii�itial correction period. City shal( provide 30 days written natice to Conti•actor and Developer sllould such additional warranty coverage be reyuired. Contractor's ab(igatians under t11is Paragxaph 11.07 are in additic�n ta any other obligation or warran�}�. Tl�e provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisians of atYy applieable statlite of limitation ar repose. I 1.48 City May C`orrect De feetive i�of•k A. If Contractor fails within a reasonable titne after v��ritten notice fi•o�n City to correct defective Work, or to remove and replace rejected Work as requzeed by City in acco�•dance with Paragraph 11.06.A, or if Contractor fails to perform the Wo�•k i�i accordance with the Cantract Docuinents, or if Contractor fails to cotnply with any othet• provision of the Contract Documsnts, City may, after seven (7) days written notice to Contractor and tl�e Developee, correct, or remecly any such deficiency. B. III exercising the rights and remedies under this Paragrapll 11.Q9, City shall proceed expeditiously. In conl�ectiozl with such corrective or reinedial 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 incarporate in t11e Wotk alI materials and equipment incorporated in the Work, stored at the Site or fot- which City has paid Carltractor but which are CI1'Y OT� FURT WdR"I73 STANDA[tD Cl"I'Y CONDITIONS — DGVtiLOPER AWARD6D PROJECTS Revised: Janua�� ]0, 2013 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projec(s Page 32 of'35 stored elsewhere. Co��tractor shall allow City, City's representatives, agents, consultants, employees, and City's other contt�actors, access to t11e Site to enable City to exercise the i•ights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to a11 fees and charges of engineers, architects, attorzleys, and ather professionals at�d a(I cour�t or other dispute resolutiot� cc�sts} incurred ar sustained by City in exercising the rig(1ts and remedies ut�der 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 Ciiy sl�all be entitled to an appropriate decrease it1 the Contracfi Frice. D. Conti-actol- sl�all not be allowed an extension of t11e Contract TiLne because of any delay in t�e performance of tt�e Work attributab(e to the exercise Uf City's i,ights and z•emedies under this Paragraph 11.09. ARTICLE 12 — C4MPLETI4N ] 2.O I Contractc��-'s �arl�crnty �f 7'itle Contractar warrants a��d gz�arantees that title to all Work, �naterials, and equiptnent covered by any Application for Payment will pass to City rxo (ater than tl�e time of Final Acceptance and sha11 be free and clear of all Liens. I2.02 Partial LTtillzation A. Prior to Final Acceptance af all the Work, City may use or occupy at�zy substantially completed part of tlie Work whicl� has specifically been identified in the Gontract Documents, or which City, determines constitutes a separately functioning and usable part of the Worlc t11at can be used by City for its intended purpose without significant intet•ference v��it11 Contractor's perfoi•mance of the remainder of the Work. City at any time znay notify Cot�tractor in writing to permit City to use or occupy any such part of the Work which City determines to be t�eady for its intended use, subject ta the following conditions: 1. Contractor at any tizne may r�otify City in writing that Cozxti•actor cor�siders any such patt of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragrapli 14.OS.A.1, City and Contractor shall make an inspection of that part of the Work to detern�ine its status of campletion. If City does r�ot co��sider that part of the Wot•k to be substantially complete, City will notify Contractor in writing �iving the reasons therefor. 3. Partial Utilizatiion will not cflnstitute Final Acceptance b}� City. 12.03 Finallnspecti�n A. Upon written notice fram Contractor that the entire Work is cornplete in accordance with the Co�ltract Documents: Cl7'Y Or FOR7' WORTH S1'ANDARD CITY C.ONDI"170NS — I?EVELOPIsR AWARDED PROJEC"I�S Revised: January 10, 2013 Standard CiTy Conditians Qf The Construction Contract For Developer Awarded Pro ects Page 33 of 35 l. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will nc�tify Contractor in writing of all particulars in which this inspeetion reveals tha� the Work is incoi�nplete or defective. Col�tractor shall irnmediateiy take st�ch ineasures as are necessary to complete such Wot•k or remedy such de�ciencies. l 2.04 Final Acce�tat�ce A. Upon co�-npletioz� by Co��t�-actor to City's satisfaction, of any additianal Work ide�ltified in the Final Inspection, City will issue to Cantractor a letter of Fina( Acceptance upon the satisfaction of the fol(awing: 1. All documentation called %�� in the Contract Documents, iflcluding but not li�nited fio the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; a list of all pending or released Damage Claims againsi City ihat Co«tractor believes are un5etfled; and 4. affidavits af payments and cornplete and le�ally effective releases or waivers (satisfactory to City) of all Lien rights a��ising out of or Liens filed ii� counection with the Worlc. 5. after all Damage Claims have been z•esolveci: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Ciaim has been reported to Contractoi's insurance provider for resolution. 6. I.ssuing Final Acceptance by the City shall nat relieve the Contt•actor of any guarantees or otller t•equirements af the Contract Documents which specifically continue thereafter. ARTICLE 13 -- SUSPENSION QF W4RK 13.01 Crty May Suspenc� Wvt�k A. At any tizne and without cause, City may suspend the 'tNark or any portion thereof by writtec� notice to Contractor and which may fix the date on wliich Work will be i•esumed. Contractor shall resume the Work an the date so �xed. Durin� te�nporary suspension of the Work covered by these Contract Documents, for any reason, the City will stap contract time on City participation projects. B. Sl�ould the Contractor not be able tc� complete a partion of the Project due to causes beyand the control of and without the fault or negligence of the Cantractor, and should it be detern�ined by mutual consent of the Contractor and City that a solutian to allow eonsnuction to }��•oceed is not CITY OF PORT WORTH STANDARD CITY COn'DITIOiVS — DEVF.,LOPIR AWARDEd PRQJECTS Revised: January i 0, 2013 �a �3 � o- sa Standard City Conditions Of The Construction Contract For Develaper Awarded Projects Pagc 34 of 3� available within a reasonable period of time, Contractor may request an extension in Coz�tract "I'iine, directly attributable to any sucla suspension. C. lf it should become necessary to suspend the Work foc an inde��ite period, the Conti•actor shali store all l�naterials in such a mazmer that they will not obstruct or itnpede the public unnecessari(y nor become daz��aged in any way, and he shall take every precaution to pt•event dama�;e or deterioratiorl of the x�ark perfortned; he shall pravide suitable drainage about the wot•k, and ereci tempora�y structures where necessary. ARTICLE 14 — MISCELLANEOUS 14.01 Gzving 1Votice A. Whenever any pr•ovisian of the Contract Docuinents requires tlle giving af wrltten notice, it will be deenled to IZave b�en �alidly given if: deliverecl in person to tlie individual or to a�nember of tl�e �ri�� ot• to an of�cer of the co�poration far whon-� it is intended; or 2. delivered at or sent by registered or certified mail, posta�e prepaid, to tl�e last business address known to the giver of the notice. B. Business address changes must be promptly made i» writing to the other party. C. Whenever the Cantract Doeuments speci�es giving notice by electronic mearzs such eiectronic notice shall be deerned sufficient upon confirmation of receipt by the receiviylg party. 14.02 Conaputatrdn of Tirtzes When any �eriod of tirne is referred to in the Cantract Documents by days, it will be co�nputed to exclude the first arzd include the last day of such period. If the last day of any such period falis o�� a Saturday ort� Sunday or on a day znade a legal holiday the next Working Day shall become the fast day af tlie period. 14.03 Cumulative Remedie,s The duties and obligations iinposed by these General Conditioz�s and the rights aa�d remedies available hereunder to the parties hereto at•e 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 tl�em which are otherwise iir�posed ar available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Docui�aents. Tl�e provis'rons of this Paragraph will be as effective as if repeated specifically iti the Cantract Documents in conzlection with each parl:icular duty, obligation, right, and remedy to which they apply. crrY or Fax�r woa��t3 STANDARD C[TY CONDITIQNS — llEVELOPLR A WARDCD PROJECTS Revised: Janu�ry 1 Q, 2013 Standard City Conditions Of The Construction Contract For Developer Awarded Pro e ts Page 3S oi'35 14.44 Sur�vival of Oblr.'gatiot�s All representations, indemnifications, watranties, and guarar�tees made in, required by, or given in accordance ��ith the Contract Documents, as well as all cantinui�ag obiigatioz�s indicated in the Contract Docu�nents, will survive final payanent, coi��pletion, and acceptai�ce of the Work or ter�ninatiall or completion of the CaXltract o�� tez�ninatian af �l�e serviees of Contractor. 14.05 Headin�:s Article and paragraph headings are inserted foi• convenience only and do n�t constitute parts of these General Conditions. CITY OF I�ORT WORTH STANDARD CITY CONDII'IONS — DEVELOPGR AWARDE;D PROJEC"I'S Revised: January 10, 2013 011100-i �AP SUMMARY OP WORI< Page 1 of 3 1 2 3 PART1- GENERAL SECTI{)N O1 1100 SUMMARY OF WORK 4 1.1 SUMMARY 5 A. Section Inc(udes: 6 1. Suzza�nazy of Work to be �erfortned in accorda»ce ��i#h tlle Catltx•act Docume�its 7 B. Deviations from this Ciry of Fort Vt/orth Standard Specifcation 8 1. NoT�e. 9 C. Related Specifcation Sections include, but are not necessarily limited to: 10 l. Division 0- Bidding Requiren�ents, Contract Forms, and Conditions of the Contract 11 2. Division 1- Ge�leral Requirements i 2 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measu�•einer�t and Payment 14 1. Work associated with tllis Iiem is col7sidered subsidia�y to the. various items bid, 15 No separate payment will be allowed for this Itena. 16 1.3 REFERENCES [N(}T USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 19 20 21 22 23 24 2S 26 27 28 29 30 31 32 33 34 35 36 37 38 A. Work Covered by Coi�tract Documents 1. Wor•k is to include furnishing all labor, matel•ials, and equipment, and performing all Wark aaecessary for this constz•uction projact as detailed in the Drawings and S�ecifications. B. Subsidia�y Work 1. Aa�y and all Work specifically gaverned by docwnentary requireanents for the project, such as eonditions imposeci by the Drawings or Corttract I?ocumeuts iia which na specific item for bid l�as been provided far in the Praposa] and the iten� is not a typical unit bid item included on the standard bici item list, then the item shall be cansidered as a subsidiary itein of Work, the cost of which shall be included ii� the price bid in the Pc•opasal for various t�id items. C. Use of Premises 1. Coardirlate usas of premises under direction of tl�e City. 2. Assume full resporlsibility far protection and safekeepiilg of �nateri�ls and equipment stored on the Site. 3. Use and occupy o��tly portions of the puhlic streets and alleys, or other public �laces or otlier rights-ot=way as provided for in the ardinances of the City, as shawn in the Cont�•act Documents, or as may be speci�cally authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for constructian puz•poses may be stored in such space, but no more tlian is ilecessary to avoid delay in the constructioil operations. C1TY OF FOR"I" VJORTH N(?RTHSTAR —SI3C'CION 4, PIiASE ] STANDARD CONSTRULTIO;� SPFCIFICA"T'[ON DOCUMI:NI:S — Deve(oper Awarded Pr�jeets CPN: ] 02277 Revised Decem6er 20. 2012 O1 I1 00-2 DAP SLIMMARY OF WORK Page 2 of' 3 1 b. Excavated and waste materials sllall be stored in sucli a way as i�ot to inte�-�ere 2 with tlie use of spaces that may be designated ta be left free and unol�structed � and so as not to incanvea�ience occt�pa�its of adjacent property. 4 c. If tl�e street is accupied by railroad tracks, the Work shall be carried on in s�.�ch 5 manner as not ta interfere with the opera�ioia of the railroa�d. 6 1) All Work shall be in accordance with railroad r•equirements set fot�tll in 7 Division 0 as well as the rail�-aad permit. 8 D. Work withii� Easements 9 1. Do i�ot enter upo3� private property for a��y purpase without having previously 10 obtai�zed permissior� fro�� the owner of sucl� property. l 1 2. Do not siore equipment or lnaterial on private property unless and t�ntil the �2 specified approvai of tlle pr�perty owner has been secured in writing by the l3 Contractor and a copy furnished to the City. 14 3. Unless speci�cally pr•ovided otherwise, clear alt rigl�ts-of-way or easements of �� obstructio��s which must be i•emoved to n�ake possible proper �z�aseci�tion of the 16 Work as a part of the project construction operations. 17 l& 19 20 21 ?2 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 3'7 38 39 4a 41 4. Preserve and use evely p�•ecaution to prevent dama�e to, all h�ees, sl�rubbery, pla��ts, lawns, fences, culverts, curbing, and all otller types af stl•uctures ar i�nprovements, to all water, sewer, and gas lines, to all co�iduits, overhead pole lities, ol• appurtei�ances thereof; includillg the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the pro�er i•epresentatives of tiie owners or occupants of tl�e public or private Iands of interest in lands which �night be affected by the Work. a. Such notice shalJ be rnade at least 48 haw•s in advance af the beginniiag of the Work. b. Notices shall be app(icable to both p�.�blic and private utility companies ancl any corporatioi�, coznpany, individual, or otl�er, eitller as owners or occupants, whose land or interest in land rnight be affected by the Work. c. Be res�ansible far all damage oz• injury to property of ax�y character resulting fram any act, oi�zissio��, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, tnatea�ial, or equipment. 6. Fence a. Restore all fences eticountered and reinoved during coazstruction of the Frojecti to the original at• a better than ori�;inal candition. b. Erect ietnporaiy fencing in place of tlie fencin� removed whenever• the Work is tlot in p1•ogress and when the site is vacated overnight, and(ot� at all titnes to provide site secuc•ity. c. The cost for all fence �vork witllin easements, irlcluding removal, temporary closures and replacement, s17all be subsidiary �o the various iterns bid in the project proposal, unless a bid ite�n is speci�cally �rovided in the proposal. CITY OF C'ORT WORT}-I NORTHSTial2 — S�GTION 4, PT3ASF.. I STANDARD CONSTRUCTION SPECIFICA't'►ON DQC�MENI'S — Developer Awarded Projects CPN: 102277 Revised December 20, 2012 t)1 I1 00-3 L)!�P SU':vIMARY OF V10RK Page 3 of 3 t 1.5 SUBMITTALS [NC1T IJSED] 2 i.6 ACTION SUBMITTALSITNFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOS�OUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [Nt)T USED] 5 1.9 QUALITY ASSURANCE {N4T USED] 6 1.10 DELIVERY, ST4RAGE, AND HANDLING [N�T USED] 7 1.11 FIE�,U [SITEJ CONllITIONS [NOT USED) 8 L12 WARRA.NTY [NOT USED] 9 PART 2- PRODUCTS [NQT USED] l0 PART 3- EXECUTIC)N [NOT USED) � 12 13 E1�D OF SECTION CITY OP I�ORT Wf�RTH NORTHSTAR — SECTION 4, PI(ASfi l S7'ANDARD CQNS`I'RUC'1'ION SPECIFICA'I'ION DOC[Pub1�NTS — Developer Awarded 1'roiects CPN: 102277 Revised December 20, 2012 01 i100-1 llAP SI;MMARY OF Vl'ORK Page 1 of 3 SECTION Ol 11 00 SUMMARY OF WORK PART1- GENERAL 1.1 SUMMARY A. Sectio» includes: 1. Summary of Work to be perfaxtl7ed in accordance witl� tl�e Cai�tract Documents B. Deviations fi-om this Gity of Fort Wort(� Starldard Specifcation l. None. C. Related Speci�icatian Sections include, but are not necessaril}� litnited to: 1. Divisioi� 0-�3iddii�� Requirem�nts, Contt�act Fortns, and Conditions of the Contz•act �. Division l- General Requirements 1.2 PRIC� AND PAYMENT PROCEDUR�S A. Measurement and Paymeilt 1. Work associated with this Item is considered subsidiary to tl�e various items bid. No separate paymeait will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Coa�tract Documents ]. Wo�-k is to it�clude fi�rnishing all labor, �naterials, and equipment, and perfor•ming all Work necessar�� for this canstruction project as detailed in the Drawings and Specificafions. B. Subsidiary Wark 1. Any and all Wark speeifically governed by docwnentary reqtiirements for the project, such as cotlditio�as imposed by the Drawings or Contract Documents in wlvcl� nQ specific iten� for bid 11as been provided for in the Proposal atld the ite�n is not atypical unit bid item included on the stalldard bid item list, tl�etl the item shall be considered as a subsidiary item of Work, the cost of ��hich shalt be included in tlie price bid in the Froposal for various bid items. C. Use af Pt•emises 1. Caof•dinate uses of premises under directia7� af the City. 2. Assume fuil responsibilit�� for protection and saf�keeping of materials and equipme��t stared an the Site. 3. Use and occupy only partions of the public streets atzd alleys, ot• ather public places or ofller rights-of way as provided for in tl�e ordiziatices of tlle City, as shown in the Contract Documents, or as may be specificaliy authorized in writing by tlle City. a. A reasonable aznount of toals, materials, and equiptnent �far consiruction pL�rposes may be stored in such space, but ��o more than is necessary to avoid delay in the eonstructian operatioils. CITY QF FOR'T' WOR"I'H []nsert 1'roject Name] S"I'ANDARD CONSTRUCTION SPECIPICATIOIV DOCUMLNTS — Developer Awardui Projects [Insert Pr�iect Number] Revised Deceinber 20, 2012 Ul 11 �0-2 DAP SUMMARY OT �h'ORIC Page 2 of 3 Excavated and waste matez-ials shall be stored ir1 sueh a way as not to interfer•e witl�a ttte use of spaces that may be designated ta be left free and u��obstructed azld so as not to inconvenience occupanTs of adjacent property. I�'the street is occupied by railt•oad tracks, the Work shall be carried oi� in such maimer• as not fo interfere with the operation of the railraad. 1) Ail Work shali be in accordance with railroad requirements set foi-�h i�� Divisioa� Q as well as the railroad permit. D. Work v��itlzin Easeznents 1. Do not enter upon private propei•ty for any pL�rpose without havin�; previously obtaiiled per�nission fron� the owner of such property. 2. Do not stoi•e ec�uipmel�t or matez•ial on private property unless a�id until the specified approval of tlie property owi�er has been secured i�z writin� by the Co��tractae and a copy furnished to tl�e City. 3. Unless specifically provided other�vise, clear al] rights-of way or easennents of obst3•uctions wl�ach must be removed to make possible proper prosecu:tion of tlae Work as a park afthe pr�ject construction operations. 4. Preserve and use every precaution to pt•event dama�e to, all trees, shrubbery, pla�lts, lawns; fences, cuiverts, cti�rbing, and all other types of structures az• improvements, to all water, sewer, and gas lines, to all co�lduits, overhead pole lines, or appurte»ances thereof, including the canstruction of temporary fences and to all ather public c�r pt-ivate prop�i•ty adjaeent to tile Worlc. 5. Notify the proper• representatives of the owners or occupauts af t11e public oi- pi•ivate lands of il�terest in lands which might be affected by the Work. a. Such ��atice sl�all be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public a�Id private utility companies and any corporation, co�npany, individual, or other, either as owners ot• occupants, whose land or interest in land might be affected by the Wark. c. Be responsib(e for al] damage or injury ta praperty of any character resulting froin auy act, oinission, neglect, or misconduct in the ma�lner ar method or execution ofthe Work, or at auy ti�ne due to defective work, material, or equipment. i. I'ence a. Restore all fences encountet•ed and re�noved during construction of the Project to tlie ariginal or a bet�er than original conditiat�. b. Erect temporary fencing in place of the fencing i•emoved whenever the Work is not in progress and wlie�z tlle site is vacated ovet•nigl�t, and/or at all times to provide site secux•ity. c. The cost for all fence �Jork within easements, including removal, te�nporar•y closures ai�d replacement, shall be subsidiazy to tlie various items bid in tl�e project proposal, t2nless a bid item is specitcally provided in the proposal. CI`PY OF ['OR'i' WORTH [Insert Project Name'� S'rANDARD CONSTRUCTION SPI;CIP'ICA'1"10� nOCUMENTS — De�=eloper Awazdcd Projects (Insert Froiect Number] Revised December 20, 2012 O1 11 00-3 DAP S[1MMARY OP WURK Page 3 af 3 1..5 SUBMITTALS [NOT USEll] 1.6 ACTION SUBMITTALS/INFORMATI(3NAL SUBMITTALS [NOT USED) 2.7 CLQSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SU�MITTALS (NOT USED) 1.9 QUALITY ASSURANCE [NOT USED] L10 DELIV��ItY, STORAGE, AND HANDLING [NOT USED] 1.11. FIELD [SITE] CONDITIC}NS �NOT USED� 112 WARTZANTY [NOT USED] PART 2 - PR011UCTS [NC}T USED] PART 3 - EXECUTION [NOT USEDj ENll QF SECTIC}N Revision Log DA`I'� NAME SUMMARY OF CHAI�'GE C1TY OP FOR'I' WORTH [Lisert PrUject Name7 STANDARD CONSTRUCT1pN SPrCIF[CA"I'lON DOCU;1�tPN`t:S — Developer Aiuurded Projects [Insert Project Number� RevisesJ t�ecember 20, 2012 Oi2500-1 DAP SL;f3S'i'f1'U"I'ION PROC.C:DUREiS Page 1 of 4 SECTION 0125 00 SUBSTITUTION PROCEDt1RES PARTl- G:ENERAL 1.1 SUMMARY A. Section Includes: The procedure for requesting tl�e approvat of substitutian of a praduct that is not equivalet�t to a product which is specified by descriptive or performance criteria or defined 6y reference to 1 or more of the following; a. Name af �ilanufacturer b. Name of vendor c. Trade name d. Catalog nurober 2. Substitutions are �iot "'or-equals". B. Deviations from this City of ForC Worth Standa�•d Specif cation 1. No��e. C. Related Specification Sections include, but are ��ot necessarily li�nited to: 1. Division 0— Bidding Requrrements, Contract For�»s a��d Conditions of t11e Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A, Measurement and F'aymezlt 1. Work associated witl� this Item is considered subsidiary to tl�e various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED) 1.4 ADMINISTRATIV� REQUIREMENTS A. Request for Substitution - General L Wiihin 30 days after award of Contcact (unless nated otherwise), t11e City will consider- forrnal requests from Contractor for substitution of p�•oducts i�3 place of those specified. 2. Certain types of eguipment and kinds of material ax•e described in Specifications by means of references to narnes of manufacturers and vendors, trade naines, or catalog nLimbers. a. Whel1 this method of specifyixlg is used, it is not intended to exclude from cansideration other products bearin�; other ma�lufacturer'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 n�ay be acceptable substitutions under the following conditio�ls: a. Or-equals are unavai(able due to strike, discontinued praduction of pt�oducts �neeting specified requiretnents, or other factors beyond colitrol of Contractor; ar, CITY OI' FORT V�IOK7'Ii [Inserk I'roject Narne') S"I'ANDARD C�NSTRUCTION SPFCIT�ICAT[ON DOCUMF.,NTS — DEVrLOPER AWARDCD PROJECTS [Ii7serC Project Numberj Revised Augusc 3p, 2013 Ol25QO-2 llAl' S(II35"I'1"C[J1'ION PRpCf.;DURES Page 2 of 4 b. Conti•aetoz� proposes a cost andlor tiu7e reduction incentive to the City. 1.S SUBMITTA.LS A. See Request for Substitution Form (attaclied) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. IJnder tlae conditions stated het�ein 2. Subz��it 3 copies of eacli written request for substit�.rtion, il�cludii��: a. Docutne»tation 1} Complete data substantiating complia��ce of pz•oposed substitution with Goniract I�ocuments 2) Data relating to clianges in constri�ction scliedule, when a reduction is proposed 3) Data relating to changes in c�st b. For products i ) P��oduct identiitcation a) Manufacturer's name b) Tele�ho�le i�timber and representative co��tact name c) Specificatio�l Section or Drawing reference oioriginally specified product, including discrete nanle or tag ntunber assigned to original product in tl�e Contract Documents 2) Manufac#urer's literature clearly marked to show compliance of proposed product ��ith Col�tract Documenis 3) Itemized comparison of origi��al a�7d proposeci p�•oduct addressing product characteristics i��cluding, but not necessarily limited to: a) Size b) Camposition or materials of canstruction c) Wei�ht d) Electrical or mechanical requirelnents 4) Product experience a) Location of past projects utilizing }�roduct b) Name and telephone nuznber of persons associated with referenced projects kziawledgeable concerning proposed praduct c) Avaiiable field data and reports associaied with proposed product S) Satnples a) Provide at request of City. b} Samples become the praperty of the City. For construction �nethods: l) Detailed description of �ropased methad 2} Illustratioia drawings C. Approv�l or Rejection l,. Written approval or rejection of'substitutiatl given by the City 2. City reserves the right to require proposed product to comply with color aald pattern of specified product if i�ecessary to secure design itltent. 3. In the event the substitutian is app�•oved, if a reduction in cost or time results, it wi11 be documented by Change Qrder. CITY OF FORT WOR7'H [Insert Project Name] STANIiARD CONS`TRUCTIQN SPECIFICA'I'ION DOCUMENTS — ULVEI.,OPtIt AWA2DED PROJLC7'S (Inscrt Project Number] Revised August 30, 20I 3 Oi 2500-3 DAP SUC3ST1'11!`I'IQN PROCLiDGRLS Page 3 aP4 4. Substitution will be rejected if: a. Submittal is uot thraLigh ihe Cont�•actor witll his sta�np oiapproval b. Request is not made in accordance with this Specification Section c. In tlae Developer's opinion, aceeptance will require subsiantial revisio» of the original design d. In the City's or Developer's opinion, substitution will not perfo��m adequately tl�e fi��ictic�n coz�sistent with the design inte�lt 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT US�D] 1.7 CLOSEOUT SUBMITTALS [NOT USED) 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED) 1.9 QUALITY ASSURANCE A. I�1 making request for substittition or in using a�� appi�oved product, tl�e Contracior represents thaf the Cantractor: 1. Has investigated proposed pf•oduct, and has determined tl2at it is adequate or superioi• in atl respects to that specifed, �nd tl�at it will perfarn� function for which it is i��te��ded 2. Will provide same guarantee for substitute item as for }�roduct specified 3. Will coordinate installation of accepted substitution into Work, ta include building rnodiiications if necessa�y, making such changes as may be required for Work to he complete in all respeets �. Waives all claims for additianal costs related to substitution wl�ich sl►bseqliently arise 1.10 DELNERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELll (SITE] CONDITiONS [NOT US�D) 1.12 WARRANTY [NUT USED] PART 2 - PRODUCTS [NQT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OI' FOR"I' WOR'i'H [Insert Project Name] STANDARD CONS"IRUCTION SI'ECIPICAT1nN DpCUMEN7'S — DF,VEI.,OPER A WARDED I'R07I:CTS (Insert Project Number] Kevisec� August 30, 2013 012500-4 DAn SUSS"1'I'1't.il'ION PROCrDURES Page 4 of 4 EXHIBIT A RE�UEST FOR SUBSTTTUTI(?N FORM: TO: PROJECT: DATE: We hereby si�bmit For your cansideration tl�e foltowing product ialstead of the specified item fc�Y• the above praject: SECTION PARAGRAPI-I SPECIFIED ITEM Proposed Substitutioi�: Reason for Substitution: Includ�e com�lete information ot� cl�ailges to Drawitlgs and/ot• Specifications which proposed substitution will require for its proper instal)ation. Fill in Blanks 8elow: A. Will the l�ndersi�ned co��#ractor pay for changes to the building desigi�, incluclin� engia�eering and detailing costs caused by the i•equested substitution? B. What effect daes substitution have on other trades? C. Differences betwean �roposed substitution and s�ecified item? D. Differet�ces i�1 product cost or product delivery time? E. Manufacturer's guarantees of the prapased and specified items are: Equal Better (explain on attachment) �'he undersigned states tilat the fiz��ction, a�pearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Address Date Telephone For Use by City: Approved City .� Recommended ____ Nat recommerlded By Date Rernarks Rej ected Date ` Recommended �Received late C1TY OF kORT WOIZTI�I 5'I'ANDARD CONS'iRUC7'ION SPLCIF'ICATtON DOCUMENTS — DEVF.L�PFR AWARDED P[t<),iECT'S [lilsert Pr aect Nu nber] Revised August 30, 2013 013119-1 DAF E'RECQNS'PRUC'I'ION MIi:E`("ING Page 1 of 3 SECTION 0131 19 PRECQNSTRUCTION MEETING PARTI- G�NERAL l..l SUMMARY A. Section Includes: 1. Provisions for the preconstr�iction meeting to be l�teld priar to the stai� af Woi•k to clarify construction contract administration procedLzres B. Devia#ions from this City of Fort Worth Standard Specification 1. No constructian schedule t•equired unless requested by the City. C. Relat�d Specification Sectiot�s include, vut are not necessarily liinit�d to: 1. Division 0— F3idding Requirexnents, Contract Forms aaid Co��ditions of the Contract 2. Division 1— Crer�eral Requirements 1.2 FRICE AND PAYMENT PROCEDURES A. Measuremant a►�d Fayment l. Work associated with this Item is considered subsidiary to the variotiis items bid. No separate payment wi11 be allowed for this Item. 1.3 REFERENCES [NOT USED] 2.4 ADMINISTRATIVE REQUIREMENTS A. Coordii�atiozz 1. Attend preconstruction meeting. 2. Re}�resei-�tatives of Con�ractor, subcontractors and suppliers attending meetirlgs shall be q��alified and authoriz�d to act on bel�alf of the entity each represents. 3. Meeting administered by City tnay be tape recorded. a. If recordsd, tapes will be used to prepare r�inutes and retained by City for future reference. B. Pceconstruction Meeting 1. A preconstruction meeting will be held within 14 days after tile d�elivery of t11e distribution package to the City. a. The meeti��g will be scheduled aild administered by tl�e Cit}r. 2. The Project Representative will preside at the meetin�, prepare the notes of the tneeting and distt•ibute copies oFsame to all participants who so request by f'ully completing il�e attendat�ce for�n to be ci�•culated at tha beginning of the meeting. 3. Attendance shall include: a. Developer aizd Consul�ant b. Contractor's project manager c. Contractor's superintendent d. Any subcontz�actor or supplier represea�tatives whom the Contractor may desire to invite or ihe Ci#y �nay request CtTY OF f�ORT WORTH [tnsert 1'roject Name] STANDARD CONSTRt1CTION SP�CIEICATtON DOCUMENTS -- DEVLLOi7ER AWARI�ED PROJEC'1'S [Insert Project NumberJ Revised tlugust 30; 2013 01 31 19-2 DAP i'RL;CONS7�RUCTION MLE7'tNG Page 2 of 3 e. Other City representatives f. Others as appropt•iate 4. Preliminary Agenda may include: a. Inta•oduction of Project Personi�el b. General Description af Pi•oject c. Status of right-af-way, utility clearai�ces, easemer�ts or otl�er pertinent permits d. Conh•actor's work �lan aX�d schedule e. Contract Tin�e f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Wark and Change (arder Procedures j. Field Ordets k, Disposal Site Letter %t• Waste Material 1. lnsurance Renewals m. Payroll Certificatiox� rl. Mater•ial Certificatio��s and Quality Contral Testing o. Public Safety and Canvenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Con�ned Space Fntry Standards u. Coordination with the City's z�epresentative for oper•atioias of existing water systems v. Storm VJater Pallution Preve�ltion Flan w. Coordination with other Contractois x. Early Wacning Syste�n y. Contractor Evaluation z. Special Cal�ditions applicable to the project aa. Damages Clai�ns bb. Submittal Pt-ocedut•es cc. Substitution Procedures dd. Correspondence Routing ee. Recard Drawings ff. Temporary construction facitities g�;. MBE/SBE procedures hh. Final Acceptailee ii. Final Payment jj. Quesiions or Comments CITY OP FOR'I' WORTH [Inscrt Project Name] STANDARD CONSTRUCTION SPECIFICAT[aN BOCUMF,NTS — DFVGLOPER A�NARDI:I� PROJECTS [Insert Projec# Number] Kevised August 30, 2013 Oi 31 (9-3 DF�P PREC(�NSTRLJC"I'ION MEE"I'[.�IU Page 3 of 3 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFO'RMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEQUT SUBMITTALS [NOT US�D] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDj 1.9 QUALITY ASSURANCE [NC)T USED] 1.IQ DELIVERY, ST4IZAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] C��r�ITIONS [NOT USEDj 1.12 WARRANTY �NQT USEDJ PART 2 - PRC?DUCTS [NC}T USEDj pART 3 - EXECUTION [NE�T USED) ENI) OF SECTION Revision Log D`�� ME SUMMARY OF CHANGE CiTY OI' FORT WORTH (insert Project N�ine] STANDARD CONSTRLJCTION SPECI['1CATIQN DOCUMGN"CS — DF.VEI..OPLR nWAR1�ED PROJ�C`I:S (7iisert Yroject !�umber] Revised August 30, 2013 013216-i UnP CpNSTRUC"I'lON PROGR}3SS SCI-[EDULE Page 3 of 5 SECTION Ol 32 16 CONSTRUCTIOI�I PROGRESS SCHEDULE PART1- GENERAL 1.1 SUMMARY A. Section Includes: General requirements for the preparation, subtnittal, updating, status reportil�g and management of tl�e Cotlstruction Progress Schedule Spacific requirements are presented in the City of Fort Worth Schedule Guidailce Documelit B. Deviations from tl�is City of Fort Worth Standard S�ecification 1. None. C. Related Specificatioi� Sectio�Is includ�, bu1 are not uecess�a�iIy liinited to: 1. Divisiozl0 — Bidding Requirements, Cont��act Forms and Coi�ditions Qf the Contt•act 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment l. Wai-k associated with this Item is considered subsidiary to the various items bid. No sepa�•ate payinent will be allowed fot• this Item. 1.3 REFERENCES A. Defi»itions Schedule Tiers a. Tier 1- No schedule submittal rec�uired b}r contract. Small, brief duration proj ects b. Tier 2- No schedule submittal required by contract, but will require sonae milestone dates. Small, brief dura�ion projects c. Tier 3- 5chedule submittal reqi�ired by contraci as described in the Specification and herein. Majority of City projects, inch�ding all bond progra�n prajects d. Tier 4- Schedule submittal required by contract as descriUed in the Specification azld herein. Laz•ge andlor complex projects with long durations 1} Exainples: large water pump statiorl project a��d associated pipeline with interconnection to at�otl�er governmeiltal entity e. Tier 5- Schedule submittal requixed by cotltract as described in the Specification and herein. Large a�id/or veiy complex �t•ojects with loz�g durations, high pubtic visibility 1) Exalnples �night include a water or wastewater treatment pla��t Baseline Schedule - Initial schedule submitted before work begins that will serve as the baseline for tneasurzng progress and departures from the scl�edule. Progress Schedule - Monthly submittal of a progress schedule doct�menting pragress an the praject and any changes anticipated. CITY OF FOK'I' W(�RTH �7nsert Project Name] STANDARD CONSTRUCTION SPECIPCCA'I'ION nOCliMEN7'S — DrVCLOPtiR AWf1RDGD PROJEGI'S (Tnsert Project Number] Recised .iuly 1, 2011 013216-2 DAP CONS"CRLCTIO�! PROGRESS SCFiF,DULt: Page 2 of 5 4. Schedule Narrative - Concise na�•rative of the schedule including schedule changes, expected delays, key schedule issues, critical path items, etc B. Reference Standards 1. City of Fort Wortb Sclaedule Guidazlce Doaument 1.4 ADMINISTRATNE REQUIREMENTS A. Baseli�le Schedule l. General a. Prepare a cost-loaded baseline Schedule using approved sof�ware and the Critical Path Me#I�od (CPM) as requir•ed in the City of Fort Woi•th Scl�edule Guida��ce Docutnent. b. Review t11e dX•aft cost-loaded baseline Schedule w�itla the City to demonstrate understanding of the work to be performed and knawt� issues and constraints related to the scliedule. c. Designate an autharized representative {Project Schedul�r} r�sponsible fot• developing a�1d updating the schedule and prepar•ing reports. B. Progress Schedule i. Update the progress Sc11ed�.ile montl�ly as required in the Gity of Foi�t Worth Schedule Guidance Doct�ment. 2. Prepare the Schedule Narrative to aceompany the monthly progx•ess Schedule. 3. Change Orders a. Inco�•porate approved change orders, resL2lting in a change of contract time, in the baseline Schedule in accordance with City ofFort Worth Sclledule Guidance Docu�nent. C. Respoilsibility for Schedule Compliance 1. Whenever it becomes appai•etZt fi•om the curre��t progl•ess Schedule and CPM Status Repart that delays to the c�•itical path have resulted and the Col�tract coinpleiion date will not be met, or when so directed by tl�e Cily, t�lake some or all of the followizig actions at no additional cost to tl�e City a. Subinit a Recovery Plan to the City for approval t•evised baseline Schedule outlii�ing: ]) A written statement of the steps irrteilded to take to remove or a��•est the delay to the critical path in the approved schedute 2) Increase construction manpower i1� sueh quantities and crafts as wi11 substantialiy eliminate the backlog af work and return current Schedule to meet projected baseline completion dates 3) Increase the number af working hours pec sllift, shifts per day, woi•king days per week, the amoutrt of construction equipment, or a»y combination oithe faregoing, sufficiently to substantially eli�ni�iate the backlog of work 4) Reschedule activities to achieve maximum practical concurrency of accomplishment of activities, and comply with the revised schedule 2. If no written statement of the steps intended to take is sub�nitted when sa requested by the City, the City may direct the Cor�tractor to incz•ease the level of effort in manpower (trades), eqtupment and work schedule (overiime, weekend and lioliday work, etc.) to be employed by the Contractor in orde�� to remove ot• arrest the delay to ihe critical path in the ap�roved schedule. a. No additional cost for such work will be caiisidered. CtI'Y OF I�ORZ' WORT%I S1'ANDARD CONSTRUC"I'iON SPECIFICATI�N DOCUMENTS -- D�;VrI.QPEK AWARD�D PRQJECT'S (Insert Project Nu nberj Revised July l; 20l 1 U13216-3 DAP Cd�;STRUCTION AROGRL:SB SC}(L-'DliLE }'age 3 of 5 D. The Contract cor�apletion tin�e will be adjusted only for causes specified it1 tl�is Contract. a. Requests for az� extension of any Contract completion date must be si2pplemented with the following: l) Furnish justification and supparting evidence as the City may deem necessary to determine wllether the ��equested extension of time is entitled under tl�e pt•ovisions ofthis Conti•act. a) The City will, after receipt of such justification and suppai�ting evidence, make findings of fact and will advise the Coniractor, in writing thereof 2) If the City �nds that the i•equest�ed extension af ti�ne is entitled, the Ciry's deterininatiou as io the total nuznber of days aliou�ed for tt�e extensions s13a11 be based upo�� the approved total baseline schedule and on all data relevant to the exte��sion. a) Sucl� data shall be included in the i7ext updating of the Frogress schedule. b) Actual delays in activities which, according to the Baseline schedule, do not affect any Contract cotnpletion date shown by the critical path in the network t�vill nat be tl�e basis far a change therein. 2. Sub�nit each r•equest for cha�lge in Contr•act co�npletion date ta ihe City within 30 days after the begii�ning of the delay for which a tinie extension is requested but before the date of final payment under this Contract. a. No time extension will be granted for requests which are nat submitted within ihe foregoii�g fime linlit. b. �'rom ti»�e to time, it �nay be necessary for the Contract schedule or con�pletiozz time to be adjusted by the City to reflect the effects of job coiaditior�s, weatller, tech��ical difficulties, strikes, unavoiciable delays on the part of'the City or its repres�zltatives, and otl��i• �ulforeseeable conditions which may indicate schedule adjustments or completion time extensions. 1) Under such conditions, the City will direct the Co�itractor to reschedtile the work or Contract completian tilne to reflect the el�anged conditions and the Contractor sha11 revise his schedule accordii�gly. a) No additional compensation will be made to the Contractar for such schedule changes except for u�7avoidable overall contract time extei�sions beyotid the actual colnpleTion of unaft'ected worl�, in which case the Contractor shall take all possible action to �ninimize any time extension and any additianal cost to the Ciry. b) Available float time in the Baseiiz�e sci�edule may be i�sed by the City as �vetl as by the Contiractor. 3. Float or slack tiine is defiiied as tl�e an7ount of time between tile earliest start date and t11e latest s�art dat� or between the earliest tnish date and the latest tinisll date of a chai�l of activities a1� the Saseline Schedule. a. Ploat or slack time is �lot for the exclusive use or beiZef3t of either the Co�itractor or the City. b. Proceed with work according to eariy start dates, and tl�e City shall have the right to reserve and apportian float time according to the needs of the project. CIT'Y OF FORT WORTH STANDARD CONSTRUC'TION SP�CIFICAI'ION DOCUMF.,NTS — DI;V�LOPI;R AWARDL•D PR(}JECTS [Insert Pr �reet Nu nberj Revised July I, 2p1 1 01321G-4 DAP CONS"I'RUC"1�(C)N PROGR}3SS SCHF.,DULE Pa�e 4 0l' S c. Ack��owledge and a�ree that actual delays, affecting paths of activitiies containing float time, �uill not have any effect upai� contz•act conlpletion times, providin� that the acttital delay does not exceed the float time associated with those activities. E. Coordinating Schedute with Other Contract Scliedules 1. Where work is to be perfaz�ed under this Contract concurrently with or coiltingent upon work performed on the same facilities or area under ather contracts, tl�e Baseli��e Sch�dule si1a11 t�e coordinated wit1� tl-►e schedules of t17e othei• co»tracts. a. Obtain the schedules of the other appro�riate contracts fro�n the City for ths p�•eparation and upcla�ing of Baseline schedule and make the required chailges in his schedule when indicated by changes in correspoilding schedules. 2. In case of iilterference between the ope�•ations of differer�t cont�•actors, the City wiiC determine the work priol•ity of eacl� contractor and the sec�uence of work necessa�y to expedite the completion of the entire Project. a. In sucl7 cases, tl�e decision of the City shall be accepted as filaal. b. The tem�orary delay of any ��ork dt�e to such circu��stances shall not be considered as justificatian for claims for additio»al campensation. 1.5 SUBMITTALS A. Baseline Schedule Sub�nit 5chedr�le in native file format and pdf forznat as required i» the City of Fot•t Worth Schedule Guidance Document. a. Native �le iarmat includes: I) Primavera (P6 or primavei•a Contraetor) Submit draf� baseIine Schedule to City prior to the pre-construction meeting a�id bt•irlg in hard capy to the meetizlg for review a�id discussion. B. Progress Schedule l. Submit progress SehedUle in ilative �le format aa�d pdf forznat as required in the City of Fort Woi�tl� Schedule Guidance Docuinent. 2. Submit progress Schedule mo�lthly no later than the last day ofthe month. C. Schedule Narrative l. Sub�nit the schedule narrative in pdf for�nat as required in t11e City of Fort Worth Schedule Guidance Docuznent. 2. Submit schedule narrative inonthly ��o later than the last day of the month. D. Submittal Process 1. The City adini��isters and rnanag�s schedules throu�h Buzzsaw. 2. Coi�tractor shall submit docuil�ents as requixad in the City of Fot�t Worth Sck�edule Guidance Document. 3. Qnce tlae project has been completed atld Final Acceptance has been issued l�y the City, no fut•ther progress schedules are required. CITY OP FUR'f WORTId (hlsert Project Name] S7'ANDARll CONSTKUCTIOiV SPECIFICA'I'IQN DOCUMENT3 — DEVI;LOI'E12 AWARDED i'ROJECTS [Insert Project Number) Revised July 1, 2p1 ] 013216-5 UAP CONS7'RUCTION I�ROGRLSS SC[-IEDUL� Page 5 oi' S 1.6 ACTIUN SUI3MTTTALSJIIVTFORMATIONAL SUBMITTALS [NOT USrD] L7 CLQSEOUT SUBMITTAL� [NtJT USElI] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED) 1.9 QUALITY ASSURANCE A. The person preparing and revisiil�; the construction Progress Schedule shall be ex�erienced in il�e preparation of sclledules of similar cozn�lexity. B. Schedule and supporting doeuinents adciressed in this Specifieatio�� shalI be prepared, updated and revised to accurately reflect the performance ofthe constructioi�. C. Contractor is res�o�lsible �"or the quality of all sl�bmittals i�� this section meeting tlle standard of eare far the construction industry for sin�ilar prajects. 1,10 llELIVERY, STORAGE, AND l�ANDLING []�OT USED) 1.11 FIELD (SITE] CONDITIONS [NOT USED] I.22 WAItRANTY [NOT USED] PAI�T 2 - PRODUCTS [NOT I7SEDJ PART 3- EXECUTII�N jNOT USED) END OF SECTIUN CI7'Y OI�' PORT WOR'C} I (Insert Project Name] S"I'ANDARD CONSTtZliCTION SPECIFICATION llOCtJMINTS — DlVrLOPGK AINARDED PRO.irCTS [Insert Proiect I�umberJ Revised July 1, 20ll O13233-I DAP I'ItECONS"CRUC7'iON ��IDEO Pape 1 of 2 SECTION 0132 33 PRECONSTRUCTION VIDEO PART1- GENERAL l.l SUMMARY A. SectiotlIncludes: 1. Administt•ative and pracedural requirelnents for: a. P�-econstructio» Videos B. Deviations from this City of Port Warth Standard Specificatioi� 1. Though nat mandatory, it is hi�hly recommended on ilafill devEloper projects. C. Related S�ecification Sectioi�s include, but a�•e not necessarily limited to: l. Division 0— Biddin�; Requirements, Contract I'ort•ms and Conditions of the Cont��act �. Division 1 — General Requirements 1.2 PRICE AND PAYMENT PROCEDUR�S A. Measurement and Payinent l. Work associated with this Item is considered subsidiary to tf�e various itetns bid. No separate payment will be allowed for this Itern. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Vicieo 1. Produce a preconstructioll video of th� site/alignment, illcluding all areas in the ��icinity af�and ta be affected by construction. a. Frovide digital copy of video upon request by the Gity. 2. Retain a copy of the preconstruction video uutil the end of the lnai»tenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFOI�MATIONAL SUBMITTALS [NOT USEDj 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELNERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITI4NS [NOT US�D] 1.12 WARRANTY [NOT USED} PART 2 - PRODUCTS [NOT USED] CITY OF FOR7' WOR"i'H (Insert Project Name] S'I'ANDARD CONS"I'RUCTION SPLCtF[CATION DOCUMLNTS — DEVGLOPrR AWARDED PROJECI'S [Insert Project Number] Kevised August 3Q 2013 013233-2 t)AP PRECONSTRUC7"ION VII3G0 Page 2 of 2 PART 3 - EXECUTIt}N [NQT USED] END OF SECTIQN CI"I'Y (7F FORT WOR`I'H Ctnsert Project Name) STANDARD CONSTItUC7'ION SPECIFICATION DOCUMC;NTS — DLVLLOPEIZ AWARDEll t'RQJrC'I'S [Insert Project Number� Revised August 30, 2013 O 1 33 OQ - 1 I)AI' SUQMITTALS Pa�e t oP 8 SECTION 0133 00 DAP SUBMITTALS PART 1 - GENERA:L 1.1 SUMMARY A. Section Includes: General methods and requiremenis of sub3nissions a�7plicable to tl�e following Work-reIated submittals: a. Slaap Drawir3gs b. Product Data (inctuding Standard Prod�ict List s«bznittals) c. Sa�nples d. Mock Ups B. Qeviations from this City of Fort Worth Stanciard Specificatian l. Not�e. C. Related Specification Sections inciude, but are not iaecessarily limited to: 1. Divisiot� 0— Bidding Requirements, Conti•act Farms and Conditions of tlae Contract 2. Division l— General Requirements 1.2 PRICE AND FAYMENT PROCEDURES A. Measurement and Payment l. Wark associated with this Ttem is considered subsidiary to tl�e various items bid. No separate payment will be allowed for this item. 1.3 REFERENCES [NOT USED] 1..4 ADMINISTRA,TIVE REQUIREMENTS A. Coordii3atio�l 1. Notify the City in writing, at the ti�ne of submittal, of a��y deviations in 11�e subn�ittals f'rom tlle requirem�nts of t11e Contract Documents. 2. Coordinaiion of StiibrnitTal Times a. Prepare, prioritize and transmit each submittal sufficiently ir1 advance of performing the relateci Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contracio�• is responsible such tl7at the uistallation �vill not be delayed by processing times including, but not limited to: a) Disapproval and resubniittal (if reguired) b} Coordination with other submittals c) Testitig d) Purchasitig e) Fabrication � Delivery g) Similar sequenced activities c. No extensioiz of tirne will be authorized because af tlle Contractor's failure to trans�nit submittals sufficiently in advance of the Work. ci1�v or rolrr wox�rr► S"I'ANDARD CONS772�CT1QN SPI:CIFICAT[ON DOCUIvIBN"I'S —DEVEI,QPER AWARdED PROJfiCTS (Bisert Project Nunaber) Revised �ugust 30, 2013 o� a�v�-2 DAP SIJI3MCI'1'AL5 Page 2 of 8 d, Make subinittals pramptly in accordance with approved schedule, and in such sequence as to cause na delay iz� the Work or in the work of any other col�tractor. B. Submittai Numberin�; 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification nuznbering system in the follo�Jing �nanner: a. Use the first 6 digiis of tlle applicable Specificatian Section Number. b. Foi� the next 2 digits numbet• use nurnbers 01-99 to sequentially number each initial separate ite�n or drawing subfnitted under each specific Section number. c. Last use a letter, A-Z, indicating #he resub�nission of tlle same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typicat sub�nitta! z�uznber would be as follows: 03 30 00-0$-B 1) 03 30 00 is the Specificatio�� Section for Concrete 2) 08 is �he eigl�th initial submittal under this Specification Sectio�� 3} B is the third submissian (seco��d resubmission) of that particular shop drawit�g C. Contractor Certiticatiotl Review shop drawings, product data and samples, including thase by subcontractors, prior to submissian to determine and verify the following: a. Field measurenients b. Field consh�uetion criteria c. Catalog »umbers and siinilar data d. Conformance with the Contract Documents 2. Provide each shop draruing, sanaple and product clata submitted by fihe Coi�tractar with a Certification Statement affixed including: a. The Contractor's Campany name b. Signature of submittal reviewer c. Certification Statement 1) `By tlus submii�al, I hereby r�present that I have detez•mined and verified field tileasurements, field construction criteria, �naterials, dilnet�sions, catalag numbers and similar data a�nd I l�ave checked and coordinated eacl� item with other applicable approved shop drawings." D. Submittall'ormat l. Fold shop dr•awings larger il�an $'/z inehes x 11 inclies to 8% inches x 1 li��ches. 2. Bind shap drawirigs and product data sheets togetl�er. 3. Order a. Cover Sheet 1) Descri�tion of Packet 2) Carrtractor Certification b, List of itelns / Table of Contents c. Product Data /Sl�op Drawings/Samples /Calculations C. Submittal Co��tent 1. The date af submissian and the dates of any previous submissions CI"fY OP �OI27' WOR"CH (Inscrt Project� Na�i�e] STATv'DARD C�NSTRUCTION SPGCIFICATION DOCUiviF.N1'S — DI�VELOPrR AWARDED PRO.IF,C"I'S [bisert Project Number] Revised August 3(l, 2013 013300-3 DAP SUT3MIT7'ALS Page 3 af 8 2. The Project title anci nun�ber 3. Contractor identi�catian 4. Tl�e names of: a. Contractor b. Supplier c. Manufacturer S. Iderltificatio�l of tlae product, ��ith the S�ecifieation Section number, page and paragraph(s) 6. Field dianensions, clearly identified as such 7. Relatial� to adjace�lt or critical feati�res oithe Work or �naterials 8. Applicable siandards, such as ASTM or Federal Specification nulnbers 9. Identification by highli�hting of deviations from Contract Documents 10. Identificatian by 1lighlighting of revisions on resizbmittals 1 l. A�� 8-inch a 3-inch blank s�ace for Contractor and City stamps P. Shop Drawings 1. As specifi�d in individual Work Sections ineludes, b�at is not necessarilv lianit�d to: a. Custom-prepared data such as fabrication a�1d erection/installation (working) draKrings b. Scheduled inforination c. Settialg diagrains d. Actual shopwork nnar�ufacturing instructioi�s e. Custo�n templates f: Special wiring diagrams g. Coordination drawings h. Individual systein or equipment inspection and test reports including: 1) Performance curves az�d certi�cations i. As applicable to the Work 2. Details a. Relation of the various parts to tlle main me�nbers and (ines of the structure b. Wl�ere correct fabricatio�i of the Work depends upon field measurements 1) Provide sucb �neasuremenis and nate on the drawings prior to submitting fo�• approval. G. Product Data 1. For submittals of product data for products included an fl�e City's Standa��d Product List, clearly identify eacl� item selected foi• tase on tl�e Project. 2. Por submittals of product data for praducts ��ot inchidecl on the City's Stanciard Product List, submittal data may include; but is not necessarily limiied to: a. Standard pre�ared data for manufactured products (sometimes t•eferred to as catalog data) 1) Such as the manufacturer's product specification and installatioa� instructioa�s 2) Availability of colors and patterns 3) Manufaciuret•`s printed statements of compliailces and applicability 4) Roughing-in diagrams and templates S) Catalog cuts d) Product photographs CITY OF ['ORT WORTH [[nsert Project Name) S"CAIVDARD CONSTRUCTION SPT:CIFtCA"I'ION d(JCU!vIENTS — DEVELOPI:R AVJARDED PROJECTS [lnsert Project Number] I2evised August 3d, 2013 01330t�-4 DAP SIJBMI7'TALS Page 4 of 8 7) Siandard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production ar quaIity control inspection and test reports and certifications 10) Mill t•eparts 11) Product opet•ating and maintei�ance instrucrions a1�d recommended spare-parts listing and prixlted product warranties l2) As applicable to the Work FI. Samples 1. As specified in individual Sections, include, bu[ are not il�cessarily limited to: a. PhysicaE examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete uzaits af repetitively used products color/text�.2re/pattern s��atches and range sets 4) Specimens far coordination of visual effect S) Graphic symbols and units of Worlc to be used by ihe City fol• independent inspection and testing, as applicable to the Work Do izoi start Work requiring a sl�op dra�uing, sa�nple or product data nor any material to be fabricated or instalJed p3�ior to tl�e approval or qualified appi•oval of such iteln. 1. Fabrication }�erformed, materials purchased or on-site construction accomplished which does not conform to appraved shop drawings and data is at the Cc�ntractor's risk. 2. The City will not be Iiable for any expense or detay due to correctioz�s or remedies required to acconiplish conformity. 3. Complete project V4�ork, materials, fabrication, and instailations in coniarmance with approved shop drawings, applicable sa»Zples, and product data. J. Submittal Distribution �lectronic Distribution a. Canfirm development of Praject directory far electronic subn�itlals to be �iploaded to City's Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawnlgs 1} Upload sLibinittal to designated praject directory and tiotify appropriate City representatives ��ia �mail of subnlittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Co��tractor reguires more than 1 hard copy of Shop Drawings returned, Contr�actor shall submit moi•e than the number of copies listed above. c. Product Data 1) U�load submitCal to designated project directary and notify appi•opriate City representatiues via email of subtnittal posxing. 2) Hard Copies a) 3 copies for alI subanittals d. Sainples 1) Distributed to tl�e Project Representative Hard Copy Distribution (if required in lieu of electronic distribution) CITY O}� FORT WOR'1'Fl [Insert i'roject Name) S'I�ANDARD CON51'R1ICTION SP�CIFICATI4N IaOCUMENTS — DF,VF..I..OYBR A WARDED PRO.i}.iCTS [Insert Yroject Number] Revised August 30, 2013 0133(10-5 DAP SUC�MITTALS I'age S oP 8 a. Shop Drawings l) Distributed to the City 2) Copies a) 8 copies for mecha»ical submittals b) 7 copies for all other submittals c) If Contractor requit•es more thai3 3 copies of S11op Dz•awings returned, Contractor sha11 submit inore than the number of copies listed above. b. Aroduct Data l) Distributed to tl�e City 2) Copies a) 4 co}�ies c. Samples l} Distz•ibuted to the Project Representative 2} Copies a) Submit the ilut�lber stated in tl�e r-espective Specification Sections. 3. Distribute repraductions ofapproved sl�op d��awin�s and copies �Capproved product data and samples, where required, to the job site file a��d elsewhece as directed by the City. a. Pz•ovide number o�copies as dit•ected t�y the City but not exceeding the nu�nt�er previc�usly specified. K. Submittal Review 1. The review of shop dra��ings, data and samples wil] be fol• general confarma»ce with the desigrl concept and Cantract Documents. Tl�is is not to be co�lstrued as: a. Permitting any departure from the Co��tract requirements b. Relieving the Contractor of responsibility for auy errors, inchiding details, dianensions, and materials c. Appt•aving departures from details furnished by tlae City, except as otherwise provided I�erein 2. Tlie review and approval of shop drawin�s, samples or praduct data by the City does not relieve ti�e Contr•actor from his/]zer responsibility u�ith regard to the fulfillinent of the terms of the Contract. a. All risks af er�•or and omission are assumed by t11e Contractor, and the City will ]�ave no responsibility therefore. 3. The Contractor t•emai��s responsible foi• details and accuracy, for caordinating the Work with aII otl�er associated work and trades, for selecting fabrication processes, for techniques of assernbly arid for perFotming Wark in a safe mani�er. 4. If the shap drawings, data or samples as submitted describe variations and show a departure froln the Contract requirements which City finds to be ir1 ille ii�terest of the City and to be so minor as nat to involve a change in Cantract Price or time foi� performance, tlae City may return the reviewed drawir�gs without n�ting an exception. 5. Submittals will be returned to the Co�atractor under 1 of the followitl�; codes: a. Code 1 1) "NO EXCEPTIE3NS 'T'AKEN" is assigned wl�en tl�ere are rlo notatiolls or comn�eizts on the submittal. aj When returned under this code tl�e Contractor may release the equiprnent and/or material for manufacture. b. Code 2 CI`IY OP FOK7' WOR"1'H jlnsert Project Name] STANDARD CONSTRUCTIQN SPECIFICAI'IC)N DOCUMF.NTS — Dl>VELt�PFR A1��ARDEt� PROJECTS [Insert Project Nimaber] Revised August 30, 2013 01 33 DO - ( DAP SUIiMI"1'TALS Page 6 aF8 1) "CXCEPTIONS NOTED". This code is assigned when a confirmation af the uotations and comme�lts IS NOT required by the Contractor. a) T11e Cantractar ana}� release tlie equipment or material foi• manufacture; however, all i�otations and comme��ts must be incar�porated inta the final pt•oduct. e. Code 3 1) "EXGEI'T'IONS NOTEDIRESUBMIT". This combi»ation ofcodes is assigned when noYations and comments are extensive enough to require a �•esubmittal of the package. a) "T'he Contractor t��ay release fhe equipment or material for inanufacture; howevex�, all notations and comments must be i��corporated into the tinal }�roduct. b) Tlzis 1•esubmittal is to address all coin�nents, �missions and non-conforming iterns that were noted. c) Resubmittal is to be t•eceived by the City witl�in I S Calendar Days of the date oftlle City`s trans�nittal reguiring the resubltaittal. d. Cade 4 l) "NOT APPROVED" is assigned when tlie submittal does nat meet the intei�t of the Contract Documents. a) T11e Conh�actor t��ust resubznit the entu�e package revised to bring the submittal into conformance. b) It n�ay be necessary to resubmit usin� a different manufacturerlvendor to ineet the Contract Documents. G. Resubmifitals a. Haa�dted in tlie same inanner as first subn�ittals 1) Corrections ather thai� rec{uested by lile City 2) Marked witl� revision triangle or other simila►• metl�od a) At Coiitractor's ri,sk if not inax•ked b. Submittals for each item will be reviewed na more tl�ali twzce at the City's expense. 1) All subseqti�ent reviews will be perfonned at times cor�venient ta the City and at the Contractor's expense, based on tl�e City`s or City Representative's then prevailing rates. 2) Provide Contractc�e reimbuz•sement to the City withi�� 30 Calendar Days for all st�ch fees invoiced by the City. c. The need for more than 1 resubmission or any other detay in obtaining City's review of submittals, vaill not entitle the ContracTor to an extension of Contract Time, 7. Partial Submittals a. City reserves ihe rigllt to not revie�� submittals dEemed par•tial, at th� Cit}�'s discretion. b. Submittals deeaned by the City to be not complete will be reh�rned to the Contractor, and will be considered "Not Appraved° until resubmitted. c. The City may at its option provide a list or mark tl�e submittal directing the Co7ztractor to the areas tl�at are incomplete. 8. [ithe Contractor considers any correction indicated on the shop drawings to constitute a change to the Canti•act Documeilts, then written notice must be provided tlzereof ta the Developer at least 7 Cale»dar Days �rior to release for manufacture. Cl7'Y C)F FORT WOR7'H S'3'A\UARD CONS7RUCTION SPECIF(Cf1TION DOCUMENTS — DEV�LOPER �WAKDEB PRO.iGC'CS [(n.serC Proj ct Nu nber] Revised .�ugust 3Q, 20 t 3 O133UO-7 DAP SIJBMIT7'ALS Pa�;e 7 of 8 9. When the shop drawings have bee�� completed to the safiisfactior� of the City, tl�e Contractor �nay cat•ry out the constructian i11 accordance therewith and no further changes therein except upon written instl•iactions from the City. 10. Cach submittal, appropriately coded, will be returned withit130 Cale»dar Days followiilg receipt of submittal by the City. L. Mock ups l, Mock U� units as s�ecified in individual Sections, include, but are not necessaa•ily limited to, coinplete units of the standai•d of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or ��l1en directed. M. Quali�catio��s I. If specifically i•equired in other Sectiozls of tlaese Specifications, submit a P.E. Certification for each item required. N. Request for Infoi•tnation (RFl) 1. Contz•aetor R.equest for additional inf'ormation a. Clarificatian or interpretation of the contract documents b. When the Contractor believes there is a conflict between Cantract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and requ�st clat�ification 2. Sufficient inf'ormation shall be attached to perinit a written respol�se without furt(�ar informataon. 1.5 SUBMITTALS [NOT USEDj 1.6 ACTION SUSMITTALS/INFQRMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USEDJ 1.9 QUALITY ASSURANCE [NOT USED) 1.10 DELNERY, STORAGE, AND HANDLING [NC1T USED] 1.1.1 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WAI2RANTY [NQT USED] c�r�r or• roR�t• woaT� � S'i'ANDARD CONSTRliCTIQN SPEC[3�ICATIQN DOClIMt;NTS — DLVGLOPLR AWARDL'U PROJECTS [Insert Proj �et NumberJ Revised August 30, 20i 3 O 1 33 (lQ - 8 DAI' SUBM11'TA1.S Page 8 aP 8 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] ENll OF SECTION Revision Log DATE NAME 12i2U12012 D.Jahnson 5UMMARY OF C`HAI��GE I,�.K.S. Wo��king I�ays modified to Calendlr Days CITY OF FORT WOR't`II [InsErt Project Name] STANDARD CQNS'PRUC"CIO:d SPECIFICATION BOCUMENTS — DEVELOPER � WARnED PROJECTS (U�sert Project Number] Rev[sed August 30, 2013 O1 45 23 DAP 7Y:S�1�II�Ci ANC3 IN3PEC7'[ON S�:RVICES I'age 1 of 2 SECTION Ol 45 23 TESTING AND INSPBCTION SERVICES PARTl- GENERAL 1.1 SUMMARY A. Section Includes: l. Testing a»d i��spection services pracedtn-ss a1�d coordi»ation B. Deviations fro�n this City of Fort Worth Standa�•d Specification 1. Nane. G. Related Specificatio�l Sections include, but are 1�ot necessarily limited to; 1. Division 0— Biddi��g Requirets�ents, Contract Torn�s and Conditions of tl�e Contt•act 2. Division ] — General Reqz�irements 1.2 PRICE AND PAYMENT PRQCEDURES /i. Measur-ement and Payn�ent 1. Work associated wit(� this Item is considered subsidiary to the vai-ious Items bid. Na separate �aayment will be allowed fo�• this Item. a. Contractar is responsible for perfonnin�;, coordinatin�, and paymetlt of all Quality Controi iesting, b. Ciry is responsible for perforn�ing and payznent for first set of Quality Assurance iestizzg. l) If ih� first Quality Assurance test performed by th� City� fails, d�e Contractor is respansible for pa}�ment of subsequent Quality Assurance testing until a passiaig test occurs. a) Final acceptance will not be issued by City until all required payments fo�• testing by Contractor have been paid in full. 1.3 R�FERENCES [NQT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Canlplete testang in accoz•dance with the Contract Documents. 2. Coardination a. Wlaen testing is 7•equired to be perfonned by the City, natify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Calltractor, »otify City, sufficiently in advance, that testing will be perfon�led. 3. Distributian of Testin� Reports a. Bleciranic Distributiol� l) Con�rn� development of Project directory for electronic submittals ta be uplaaded ta the City's document manage�a�ent system, ar a1�ot11er form of distribution approved by the City. CITY OF I�OR"T' WORTH [Insert Praject Name] STANDARD CONST'RUC"i`ION SPF.CIFICATION DOCtiMLN'PS — I�F.,VELOI'ER RWARDEll PROJECTS [Insert Project Number] Revised March 20, 202U O 1 45 23 UA[' TI;S7"WG Ai�L� INSPECTION SERVICES Page 2 ot' 2 2) Upload test r��orts to desigz�ated ��roject directot•y and notify appt-opria#e City re�resentatives via emaii of submittat pastin�;. 3} Hard Copies a) 1 cQpy for alI submittals submitted to the Project Repz�esentative b. Hard Copy Distributio�� (if t•equired in lieu of elecfa-�nic distributiota) l) Tests performed by City a) Distribute i lla�•d copy to the Conti•actor 2j Tests performed by the Contractor a) Dista•ibute 3 hard copies to City's Project Re1�resentatiiva 4. Pt•ovide City's Project Represetitative with trip ticicc;ts for each delivered load of Concrete or Lime material inciuding the following informatian: a. Na�tie of pit b. Date af delivery c. Material delivered B. Inspectioil lnspection or lack af inspection does not i•elieve the Contractor from obligation to perfarm worl< in accordance with the Contract DocumenTs. 1.5 SLTBMITTALS (NOT USED] 1.6 ACTION SUBMITTALS/INFQRMATIONAL SUBMITTALS [N�T USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NQT US�D] 1,10 DI:LIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 F1ELD [SITE] CQNDITI4NS [NOT USEDj 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME 03/20/2U20 ll.V. Magana SUMMARY OF Cl-IANGE d re('erence to Buczsaw and noted that eleetronic the City's document management system. bc; uploaded CITY 07� FORT WORTIi (L7sert Project NameJ STANllARD CONSTRt7CTIC)I�' SPFCIFICA'fIQN DOCtJA4ENTS — llIiVELOPER AWARDI:D PROJ6CTS []nsert Project Number] Kevised ?vtarch 20, 2020 01 50 p0 - 1 DAI''ITRIPORARY FACII,ITIES AND CC)NTI20LS Pabe I of 4 SECTION O1 SQ 00 TEMPQRARY FACILITtES AND CON1'ROLS PART1- GENERAL I.1 SUMMARY A. Sectian Inctudes: Provide tempora;�y facilities and controIs needed for the Work including, but not necessari)y liinited to: a- Tenlporary trtilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust contz•ol e. I"emporary fencing of the constrt�ction site B. Deviatio�ls from tl�is City o�'Fot�t Worth Staz3dard Speci�cation 1. None. C. Related S�ecii�ication Seetions include, but are n�t »ecessarily limited to: l. I�ivisian 0— Biddizlb Requiretnents, Contract Fo��ir�s and Conditions of the ConCracf 2. Division 1— General Requirements 2.2 PRICE AND PAYMENT PROCEI3URES A. Measure�ent and Paymeut l. Wo�•k associated with this Itetn is considered subsicliary to t}�e various Items bid, No separate payment will be allawed for this Ite1n, 1.3 REFERENCES jNOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary UtiliYies l . Obtaining Temparaiy Service a. Make arrangements witl� utility service cotnpanies for temporary services. b. Abide by rules and regulations of utility service companies or authorities havii�g jurisdiction. c. Be responsibla for utility set•vice costs until Wor•k is appr•oved for Fiz�al Acceptance. I) Included are fue(, powet•, ligllt, heat and other utility services necessary for execution, completion, testitlg and ii�itial o��eratiai� of Woi•k, 2. Water a. Contractor to pf�ovide water required for and in connecfiion with Work to be performed and for specified tests of piping, equipme�lt, devices ar other use as required for the completiorl of the Work. b. Provide and lnaintain aciequate supply of potable water far domestic consumption by Conti•actor personnel and City's Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired C1TY OF FOR"C WORT'H [h�sert Project Name] ANDARD CQNSTRUC'1'ION SPHCIfi1CATION I�OCL'MGNTS —DFVELQPER AWARDFD PROJECTS [Insert Project Number] R.evised JULY 1, 2011 01 SO�Q-2 DAh 7`GMPORARY FACiLITt�:S AND CON'CKOI,S Page 2 of 4 d. Contractor Payment far Construction Water 1) Obtain constructioi� water• ineter from Ci�ty for payment as billed by City's established r•ates. 3. Electricity aild Ligl�ting a. Provide and pay for electric powered service as required for Wark, including testing of Work. i) Provide power for iightiilg, operation af equipment, or other use. b. Electric pow�er service il�cludes temporary power service or generator ta maintain opera#ions duri»g scl7edt�led sllutdowl�. 4. Telephane a. Provide emergency telephone service at Site for Lise by Contractor personnel and others perfarming work or fut•�aisl7ing services at Site. 5. Telnporary Heat and Ventilation a. Provide temporar•y heai as neeessary foY• protection ot• coi��pletion c�f Work, b. Provide temporary heat and ventilation to assu►-e safe worki�7� conditio»s. B. Sanitary Facilifies 1. Provide and maultain sanitaiy facilities for persot�s on Site. a. Camply with regulations of Siate aud local departments of l�ealth. 2. Er�force use ofsanitary facilities by canstruction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be atlowed fi•om tl�ese faeilities. c. Collect a��d store sewage anc� waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site ai t�o less tha2� weekly intetvals and properly dispose in accardance with applicable regulation. 3. Locate facilities near Wo7•k Site and keep clean and maintairled thr-oughattt Project. 4. Remove facilities at coinpletioil of Project C. Storage Sheds at�d Buildings l, Provide adequately ventilated, watertight, weatlisrproof storage facilities with floor above ground level for materials and equiptnent susceptible to weather damage. 2. Storage of materials noi susceptible to weat)�er damage may Ue on blocks off ground. 3. Store matei•ials in a neat and ordet•ly mar�ner. a. Flace materials and equipmeni to per�nit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and liglating, and pravide elecirical service for equiptnent space heaters and heating or ventilation as necessary to pr-ovide storage environments acceptable to speci�ed manufacturers. 5. Fill and grade site for tetnpol•ary structures to provide drainage away from temporary and existing buildin�;s. 6. Remove building fronl site prior to Final Acceptance. D. Tempoz•ary Fencing Provide and maiutain for tlie dt�ratioi� at• coi7siructioi� when required in contract documents E. Dust Control CITY pF (�ORT WORTH STANDARU CONSTRUCTION SPrCIFICA7�[OI� DOCUM�NT'S — QPVELOPrR AWARDF.,D PROJECTS Insert Pro'e,ct Nt naber, Revised 3ULY 1, 20i 1 � �' � 01 50 00 - 3 DAP'CEMPORARY FACILIT1IiS AND CONTR01.5 Page 3 aP� l. Co�7tractor is responsible far maintaining dust control througlz the duration of the project. a. Co�itractor remains on-call at all times b. Must respond i�a a timely mann�r• F. Temporary PI•atectian of Canstruction 1. Cantractar or subcontractors are responsible for protectir�g Work fi�om damage due to weather. 1.5 SUSMITTALS [NOT USED] 1.6 ACTIdN SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED� 1.7 CLOSECIUT SUBMITTALS [NOT USED] l.$ MAINTENANCE MATERIAL SUBMITTALS [NOT USED] L9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NQT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 112 WARR�I,NTY [NQT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - �XECUTI:ON [NOT USEDj 3.l INSTALL�RS [NOT USEDJ 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintairz ail temporary facilities for duratian of col7struciion activities as needed. 3.5 (REPAIR] / [REST(}RATION] 3.6 RE-INSTALLATION 3.7 FIELD (oK) SITE QUALITY CONTRC}L [NQT USEDj 3.8 SYSTEM STARTUP [NQT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities CITY QF }�ORT' WQR7'H []nseri Project Name� S'I'ANDARD CONS"CRUCTiON SP�CiFICA"I'ION D(3CUMEN`I'S — DrVELOPER AWARU};D PROJI;CTS [Inseri Project Number] 12evised JULY l, 2011 o� s000-a I)tiP TE1+iIPORARY FACILITIGS AND CGN3'ROLS Page 4 of 4 1. Remove all temporary facilities a�id 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 [NQT US�D� 3.14 ATTACI3MENTS [N(?T USED] END t?F SECTION CI7'Y OF POR"I' WOR7'I-1 [[nsert Project Name] STANDARD CONS"I'RUCTtON SP[;CIPICATION DOCUMrNTS — DrVIiLQPEI2 AWATZDED PROJEC'CS [Insert Project NumberJ Revised ,itJ1.,Y l, 2011 O 1 55 26 - i DAF S`IR�L-'7' USE PEtu'�I(T AND MODIt'ICA`CIONS TO "I'Rf1ri'1C CON"I'ROL Page 1 of 3 SECTION 01 55 26 STREET USE PERMIT AND MODIFIGATI(3NS TO TRAFTIC CONTROL PART1- GENERAL 1.1 SUMMARY A. Sectio�a Incltides: Ad�ninistrative pracedures for: a. Street Use Pertnit b. Modifcation of approved traffic control c. Removal of St�°eet Signs B. laeviations fi�om this City of Fort V4Torth Standard Specificatian 1. None. C. Related Speeification Sections include, but are not r�ecess�rily limited fo: l. Division 0— Bidcii�lg Requirements, Contract Fot•n�s and Conditions of the Contl•act 2. Divisio�� 1— General Requirements 3. Section 34 7l l 3— Traffic Control 1.2 PRICE AND PAYMENT PRQCEDURES A. Measuren�eut and Payment 1. Work associated with this Item is conside�•ed subsidiary to the various ltems bid. No separate payment wiJ] be allowed far this Item. 1.3 R�FERENCES A. Reference Standards I. Refet�ence standards cited ii� tl�is specification refer to the current reference standard publisl�ed at t11e time of the latest revisiol3 d�te logged at t11e end of tllis specification, �.7nless a date is specifically cited. 2. Texas Manual o1i Uni%rm Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE 12EQUIREM�NTS A. Ti�affic Control L General a. When traffic control plans are included in the Drawings, provide Ti•affic Controt i11 accordance with Drawings and Section 34 71 13. b. Whe�� traffic cantrol plans are not i�lcluded in tile Drawings, prepare trafiic control plans in accordance witll Section 34 71 13 and submit to City for review. 1) Allow niinimtilrn 10 working days for review of proposed Traf�c Co�ltrol. B. Street Use Ferrnit Prior to ii�.stallation of Traffie Control, a City Street Use Perinit is required. a. To obtain Street Use Permit, subinit Traffac Cozltrol Plans to City Tratzsportation and Public Works Department. CITY OP FORT WORTH S7'ANllARD CONSTRliCTION SPECIFICA'(70N DOCUMGNTS — Di;VLLQArR AWARDED PRO1EC"CS Insert Pro' Qct Nu nber� Revised July ], 2011 � J' ) O1 5526-2 I�Ai' S"CRL;I�t' USE PI;RNTIT AND MOi�[CICATIONS't'O'i'[�PI'IC C�NTROL Page 2 of 3 1) Allow a�ninimuni of 5 working days for perinit review. 2) Contractor's respoiisibility to coorciinate r•eview of Traffic Control plans for Street Use Fer��nit, sucl� that constructiai.� is iaot delayed. C. Modification to Approved Traffic Coiltrol 1. Prior ta installation traffic cantrol: a. Submit revised traf�c control �lans to City Departine�lt Transportation az�d Put�lic Works Depar�ment. 1) Revise Traffic Cantrol pIans in accordance with Section 34 71 13. 2) Ailow minimum 5 working days for review of revised Traffic Contral. 3) It is tf�e Contractor's respansibility to coardinate review of Traific Control plans for Street Use Pern�it, such that constructioi� is not delayed. D. Re�noval af Street Sign l. lf it is determined tliat a steeet sign must be rernoved for constri�ction, then corltact City Transpartatioza and Public ��orks Depart��aent, Signs and Markiilgs Division to ren�ove the sign. E. Temporaty Signage 1. Ir� the case of regulatory signs, replace permanent sigu witl� temporary sign meeting requirements of the latest edition of tlle Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Instail temparary sign before the removal of permanent sign. 3. When construction is complete, to tile extent that the permanent sign can be t•einstaIied, contact �11e City Tt•ansportation a�1d Public Works Department, Sigiis and Markings Division, to reinstall the pet•maneYit sign. P. Traffic Contro] Standards 1. Traffic Contral Standaz�ds can be found on the City's Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALSlINFQRMATIONAL SUBMITTALS [NOT US�D] 1.� CLOSEQUT SUBMITTALS [NOT USED] 1.8 MAINTLNANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USEU] 1.10 DELIVERY, STORAGE, AND HANDLING [N4T USED) 1.11 FIELll [SITE] CONDITIC?NS [NOT USED) 1.12 fJVARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EX�CUTIC?N [P�TOT USEDj END OF SECTION CITY QF POR'1' WOR'1'I l [[nseri Nroject Name� S'fANi)ARD CONS'CRUCI'ION SPECIFICATiQN DOCUMENTS — DLVGLOVER AWARD�ll PROJEC"CS [b�sert Proicct Number] Revised hily 1, 2011 015526-3 [��P STftG�"i' liSE 1'ERM(T A?VD MODIF(CA'I'I��S Tq 7'ItAF}�IC CON'iROL Page 3 af 3 CI'TY OF FOR1' �XIORTIi [Lisart PinjecT Namej STANDARD CONSTRL'CTION SPF,CIFICA7'[QN D�CUMBNTS — DEVELOPFR t�WARI?ED PROJbCTS [Insert PrQject Numberj Revised July l, 201 I 01 57 13 - I llAP ST(JRM W�"1'lI2 POt,I.U7�ION PRF;Vf;N"I'IdN Pa�e 1 of 3 SECTI4N 01 5713 STORM WATER POLLUTION PRFVENTION PART 1 - GEPIERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Stoa�n Water Pollution Prevention Plans B. Deviations frorn this City of �ort Worth �tandard Specification l. None. C. Related Specification Sections inciude, but are not t�ecessarily limited to: l. Division 0— Bidding Requiremellts, Contract Fo�•ms and Conditi�ns of the Contract 2. Division 1-- Generat Require�nents 3. Section 31 25 00 — Erosian and Sediment Contral 1,2 PRICE ANll PAYMENT PROCEDURES A. Measurement and Paylnent 1. Construction Activities resulting in less than l acre of disturbance a. Work associated witlt this Tt�m is cozzsidered subsidiary to the various Items bid. No separate pay�nent wil] be allowed for this Ite�n. 2. Construction Activities resulting in greater thax� 1 acre of disturba»ce a. Measw�eu�ent and Paymer�t shall be in accordance with Sectian 3l 25 00. 1.3 REFERENCES �. Abbreviatians ai�rd Acronyms ] . Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Polllrtion Preve»tiou Plan: S WPPP 4. Texas Coinmission on Envi�•onmental Quality: TCEQ 5. Notice of Charlge: NOC A. Reference Standards l. Reference standards cited in this Specificatioti refer to ihe currei�t reference standard published at the ti�ne of tlle latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual fo�• Construction eontrols 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsiUle for resolutioi� and payment of any fines isstzed associated with compliance to Stortn��ater Pallution Prevention Plan. CITY O� FORT WORTH [Inseri Project Namej S"I'ANDARD CONS"I'RUC770N SP�CIFICATIQN DQCUMEN"I S— DEVF.J.,OPER AWARDE;D PROJLCT'S [Insert Project Numbar] Revised luly l, 2Q11 015713-2 DAP S"CQi2M VJ�TEIt Pp1.,LUTION PREVEh"I�ION Page 2 of 3 B. Construction Activities resulting in: l. Less t11an 1 acre of disturbance a. Provide erasion and sediment control i11 accordance with Section 31 2S 00 and Drawings. 2. l to less tlia» S acres of disturl�ance a. Texas Pollutant Discharge Elimination System (TPI�ES) Gener•al Construetion Permit is required b. Complete SWFPP in aecardailce with TC�Q requiren�ents l} TCEQ Small Construction Site Natice Required under gene�-al permit TXR 150000 a) Sign and post at job site b) Prior• to Precanstruction Meeting, send 1 capy to City Del7arttne�lt of Transportation and Public Warks, Ei�vironmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance wit11: a) Section 31 25 00 b) The Drawings c) TXRI 50000 Geileral Permit d} SWPPP e) TCEQ requirements 5 acres or nlare of Distur•bance a. Texas Pallutant Discha�-ge �liiuii�ation System (TPDES) General Construction Aerznit is required b. Gomplete SWPPP in accordance «�ith TCEQ requirements 1} Prepare a TC�Q N�I form and submit to TCEQ along with required fee a) Sign and post at jo6 site b) Send copy to Gity Depai�tment of Transportation and Publie Works, Environmental Division, ($17} 392-608$. 2) TCEQ Notice of Clla»ge required if making cllanges or updates to NOI 3) Pravide erosion and sediment control in accordance witli: a) Section 31 25 00 b) The Drawings c) TXRt50000 Genez�al Pertnit d) SWPPP e} TCEQ requiremetlts 4) Once the praject 11as been campleted and all the closeaut requiretnents of T'CEQ have been met a TCEf,� Notice of Termination can be submitted. a) Send copy to City Deparhn�nt of Transportation ai�d Public Works. Eilvironmental Division, (817) 392-6088. 1.5 SUBMIT'I'ALS A. SWPPP Sub�nit in accordance with Sectian O i 33 00, except as stated lierein. a. Prior ta the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: t) 1 copy ta the City Project Manager a) City Project Manager will forward to the City De�artment of Transpoi�tatio�i and Public Works, Environmei�tal Division fot• review CITY Ol� I�ORT WOKTCI [Insert Project Name] STANDARD CONS"CKUCTION SPLCI['ICAT'IUN DOCUMENTS — DI:��EI.OP�R At�TARDF.,D PROII:CTS [Insert Yroject Number] Revised July 1, 2011 015713-3 DAi' S7'ORM WA"I'GR POLi.U'1'IQN 1'tZL'VrNTlO:� Page 3 of 3 B. Modift�d SWPPP 1. If tl�e SWPPP is revised during constructian, resubmit modafied SWPPP to the City in accordance with Sectio» O1 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITT'ALS [NpT USED] 1.7 CLOSE(?UT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT DSED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGr, AND HANDLING [NOT USED] 1.11 �'IELD [SITE] COi�iDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRQDUCTS [N�T USED) PART 3 - EXECUTIDN [Nt)T USED] END OF SECTI(?N Revision Log DATE NAME SUiV1MARY OF C'HA;�lGE CITY OF FOR'C WOR9"H ( Insert Projecc Name] STANUt�RD CONSTRUCTION SPECIFICA7'[ON UOCUMGNTS — llGVF.,LOPER AWARDLD PROJrCTS (Insert Project Number� Revised ,Tu(y I, 2011 01 �8 l3 - 1 DAP "I'EMPORARY PROJEC"I' SIGNAGE Page 1 ot' 3 S�CTION 0158 13 TEMPORARY PR4JECT SIGNAGE PART1- GENERAL 1.1 SUMMARY A. Section Includes: 1. Temporary Project Signage Requii•emel�ts B. Deviations from ti�is City of Fort Worth Standard Specification 1. None. C. Relat�cl Specification S�ctions include, but are ilot necessarily limited to: 1. Divisio�� 0— 8idding Requir�ments, Coiltract Forms and Conditions of the Cozliract 2. Division 1— Ueneral Requiremezlts l.2 PRICE ANI) FAYMENT PR(}CEllURES A. Measurement and Payme�lt 1. Worlc associated with this Item is considered subsidiary to tl�e vaa•ious Items bid. No separate payment will Ue aIlowed for this Item. 1.3 REk'ERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NQT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATI4NAL SUBMITTALS [NOT USEDj 1.7 CL()SEC?UT SUBIV�ITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NUT USED] 1.9 QUALITY ASSURANCE [NOT USEDJ L1Q DELNERY, STORAGE, AND AANllLING [NOT USED] 1.11 FIELD [SITE] C�NDITIQNS [NOT USEDj 1.12 WARRANTY [NOT USED] PART2- YRODUCTS 2,1 OWNER-FURNISFIED [oR] OWNER-SUPPLIEDPRQDUCTS [NOT USED) 2.2 EQUIPMENT, PRODUCT TYPES, AND MATERIALS A. Design Criteria I. Provide free stazlding Project Designation Sign in accordar�ce with City's Standa�•d Details for �roject signs. CITY OI' PORT WORTIt (Insert ProjectName] STANDARD CONSTRU'CTIC)N SPL'CIFICATIO:�J DQCU?vIEN7`S — I�GVEI.OPER AWARDI;D PROJECTS [Insert Project Number] Revised April 7, 2014 O1 53 13-2 DAP 7'EMP�RARY PTZOJL-;CT' SIG:�iAG� Page 2 of 3 B . Materials l. Sign a. Constructed af'/4-inch fir �lywootl, grade A-C (exterior) or better 2.3 ACCESSORIES [NOT I1SED] 2.4 SOURCE QUALITY CONTR4L [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATIC)N [NC1T USED] 3.3 PI2EPARA,TIQN [NOT USED] 3.4 INSTALLATI(JN A. Gerieral 1. Frovide vertical ins#allation at extents of project. 2. Relocate sign as ne�ded, upon request of tile Cityr. B. Mountizlg options a. Skids b. Posts c. Barricade 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATIC)N [NOT US�D] 3.7 FIELD (ox] SITE QD'ALITY CONTRQL [NOT USED] 3.8 SYSTEM STARTUP (NOT USED] 3,9 ADJUSTING [NOT USED] 310 CLEANING [NOT USEDJ 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE A. General ]. Maintenance will include painting and �•epairs as needed or directed by the City. 3,14 ATTACHMENTS (NOT USED] END QF SECTION CITY OF FORT' VJOR'I'H [Insert Project Name] STANDARD CONS"1`RUCTION SP�CIFICA'I'It)N DOCUMFN"I'S —DrVrI,OPER AWARDED PROJLCTS [Insert Project NumUer] I2evised April 7, 2014 015813-3 DAP 7'I3MPQR�IIZY PROJGC`]' SIGNAGE Page 3 of 3 Revision Log DA�NAME 417/2014 M.I)omenech SUMIVSARY OF CHAI�IGE Revised fi�r DAP application C11'Y OF FORT WORT!-I [Insert Project Name] S'I'ANDARD CONSTRUCTI0T4 SPEC]PICATION DOCUivTFNTS — DF,VrLQ!'tI2 AWARDEU PRdIFCTS [6isert Project Number;j Revised Aprii 7, 2014 O 1 60 (30 Dr�P PI20ialJCT REQ171RL:MF,N`iS Yage l of 2 SECTION Ol 60 00 PRCIDUCT REQUIREMENTS PART1- GENERAL 1.1 SL'MMARY A. Section Includes: 1. References for PI•aduct Requiraments and City Staa�dard Products List B. Deviations from this City of Fort Wortf� Star�dard Specificatioi� I. None. C. Related S�ecification Sections include, but are not ��ecessariiy limited to: 1. Divisioll Q— Sidding Require�nents, Coniraci Forms and Conditia�is of the Contract 2. Division 1— Generat Requirei��ents 1.2 PRICE AND PAYMENT PRt�CEDURES {NOT USED] 1.3 REFERENCES (NQT USEll] 1.4 ADMINISTRATNE REQUIREMENTS A list of City approved pt�oducts for use is available tl�rougl� the City's website at: ��ii �s:01a s.fe�rts��caa~tdate�:�s.�c��ll'ra°e�#I2e�cst�ree�/ and following t11e directory path: 02 - Construction Documents\Standa��d Products List A. Only produets specifically inc(uded on City's Standard ProdL�ct List in these Cantract Docuinents shall be allowed far use on the Project. 1. Any subsequently approved products will only be allawed for use upon specific approval by the City. B. Any specific product requii•ernents in the Contract Documents supet•sede similar products included on the City's Standard Product List. ]. The City reserves tl�e right to not aliow products ta be used for certain projects even though th� product is listed on the City's Siandai•d Product List. C. Althaugh a specific product is included on City's Standard Product List, not all products from that manufacturer ar•e approved for use, including but not limited ta, that manufacturer's standard product. D, See Section Q 1 33 00 for submittal requirements of Pr•oduct Data incIuded on City's Standard Product List. 1.5 SU�MITTALS [NOT USED) 1.6 ACTIQN SUBMITTALS/INFtJRMATIONAL SUBMITTALS [NOT USED] 1.'7 CLOSEQUT SUBMITTALS [NQT USED] 1.8 MAINTENANC� MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED) CITY OF FORT WORT'1'I S'i'ANDARD CC�'�STRL'C77QN S!'ECIPICA'I`IdN DOCiJMF..N'fS — DGVEL,Oi'ER AWARDED PROJECTS [Tnsert Pr�iect Name] Revised March 20, 202p [Insert Yroject tiumher) o � �o 00 DAP PRQDUCT I2FQt,'IRI�;MEN`CS Page 2 of 2 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [S1TE] CQNDITIONS [N4T USED] 1.12 WAI2RANTY [NCIT USED] PART 2 - PRQI}UCTS [N(?T USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE � NAME 10/l 2/12 4/7/201 � 03/20/2020 SUMMARY OF CHANGE D. Jolmson �fodified [.,€�cation oFCiry's Standard Pi•oduct List M.i?oinenecl� Revised for DAl' application 13.V. Magana R��nO�ed reference to I3uzzsary and nated thai the City approved products list is accessiblc tlu�ough the City's websitc. CI"IY OP FOR`C WOR7'H STANUARD CONS7`RtiCTION SPGCIrICAT10iV UOGUMENTS — D�VELQPEK AWARDED PROJECTS [Insert Pr jeclt N naber] 12evised March 20, 202Q OIG600-1 C)AP PROt�UC"1' S"I'OKAGF, AND HANDL[NG REQUIRfiMIiNTS Page 1 of4 SECTIO!N 01 66 00 PRODUCT STORAG� AND HANDLING REQUIREMENTS PART1- GENERAL l.l SUMMARY A. Section Includes: l. Scheduling of praduct delivery 2. Packaging of p�•oducts for delivery 3. Protection aPproducts against damage fi•otn: a. Handling b. Ex�osure to elements or harsh e��vi�•onments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Speci�cation Sections include, but are nat necessarily limited to: ]. Division 0— Bidding Reqr.�irements, Contract Forms and Conditions of the Contract 2. Division 1— Ge��eraI Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measuremeni and Payment Work associated with this Item is coilsidered si�bsidiary to the various Items bid. Na separate payme��t will be allowed for this Item. i.3 REFERENCES {NOT USEll) 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTI4N SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USEDj 1.7 CLOSEfJUT SITBMITTALS [NC�T USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] I9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING t�. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid pralonged storage. 2. Provide appropriate person�lel and equipment to receive deIiveries. 3. Delivery trucks will not be perinitted to wait extei�ded periods of time on the Site for personnel or equipment to receive t�e delivery. CI1'Y OF PORT WOR"I'H [Insert Aroject Name] S"CANDARS� CONSTRUCTION SPECIFICATION UOCUMFNTS — DEVELOPF..R AVJAI2DGD PRO.T�CTS [Insert ]'rojeat NumUer) Revised April 7, 2014 Ol G6 O(7 - 2 DAP PRC)DUCT STORAG� �1ND I�H1NDt.IN(i RCiQUIRGMI,NI'S Page 2 of 4 4. Deliver products or eq�.zipment in manufacturer's origic3al unbroken cartons or other containers designed and constructed to protect the co»tents fi•om physical or environmentaI damage. 5. Clear•ly and fUlly marlc and idantify as to mai�tufacturer, itert� and installation location. 6. Pi•avide �nanufacturer's instructions for storage and handling. B. Handling Requirelr►ents 1. I-Iandle products or equip�nent in accat•dance with these Contract Docuznents aiZd manufacturer's 1•ecommendations and instructions. C. Starage Requiremenis 1. Store matet•ials in accardance with manufacturei•'s recommendatia�is and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials ��d materials to be iilcotporated in#o Work to pr�vent damage to any part of Work ot� existing facilities and to maintain free access ai all times to all parts of Work and to utility sarvice campany insiallations i�1 vicinity of Work. 3. Keep rnaterials a��d equipment neatly and campactly stored i�� locations tl�at will cause mini�nunz inconvealience to other contractors, public travel, adjoi�ling 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 equ'rpmel�t 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. Pravide addresses of and access to off-site storage locations far inspection by City's Project Representative. 6. Do not use lawns, grass plots or other pz•ivate property for storage purposes withot�t written pez•missia�l of owner or other• person in possessior� or contr�l of premises. 7. Stoz•e in mailufacturers' unopened containers. 8. Neatly, safely and compactly stack �naterials delivered an�l stored along line of Work to avoid inconvenience and damage to property awners and general ptlblic a�id mai�ltain at least 3 feet f'rom fire hydrant. 9. Keep public ai�d private driveways and street crossings open. 10. Repair or replace damaged law�is, sidewalks, streets or other itnpr�venlents to satisfaction of City's Pc•oject Representative, a. Total lengtla which matecials �nay be distributed aloi�g route of coristructio�i at one time is 1,000 linear feet, unless otherwise appr•oved in writing by City's Project Repres�ntati�e. CITY Or FOR1' WOR7'H STANDARD CONS"I'R1ICTION SPECIFICATIf)�i DQCUMENTS — DF.VL-LOPER AWARDED PROJECTS [Insert Pr je��t Nu nberJ Revised April 7, 2014 O1 6600-3 DAP i'RODt:CT STflRAGE AND I IA�DLING REQUIREMENTS Page 3 of 4 L11 FIELD [SITEJ C4NDITIONS [NOT USEDj 112 WARRANTY [N4T USED] PART 2 - .PRODUCTS [Nt)T USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USEDJ 3.2 EXAMINATI(3N [NOT USED] 3.3 PREPARATION (NOT USED] 3.4 ERECTIt)N jNC}T USED] 3.5 REPA[R / 12ESTQRATION [N(?T USED] 3.b RE-INSTALLATION [NOT USED] 3.'7 FIELD [oR] SITE QUALITY CC?NTROL A. Tests a�3d Inspections 1, Inspect all products or equiprnent delivered to the site pt•iar to unloading. B. Non-Conformin�; Work l, Reject all products or equiptnent that are damaged, used or it� any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USEDJ 3.9 ADJUSTING [NOT USED] 310 CLEANING [NE}T USED] 3.11 CLOSEOUT ACTIVITIES [N�T USED] 3.12 PROTECTION A. Protect all products or equiptnent in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical da�nage to items while in storage. C. Pratect equipment from exposure to elements and keep thorouglxly dry if required by tlze nlanuiacturer. 3.13 MAINTENANC� [NOT USED] 3.14 ATTACHMENTS [NOT USEDj END OF SECTION CITY OP CORT 4VORTIi [lnsert Projeet Name] STANDAi�D CONS"1'RUCTION 5P£iCIFICATI(}N BOCUMENTS — I)EVEI..OPER AtUARDI:D PROJrCTS (insert Project Number] Revised Apri! 7, 2014 O1 G600-d DAF PK011UCt' S"1'ORAUF., AND I-]ANC}I.ING REQUIRI;MI;NTS Page 4 of 4 CiTY OF f'ORT WOR7'H [Insert Project Name] STANDARD CONSTR[JC"I'ION SPF.CIFICATIOiV D()CUMrNTS — DL-'VELOPER AWARDrD PKOJECTS [h�sert Project Nwnber] Itevised April 7, 2014 01 7p Q0 - 1 I�AP MQF31LI.7,ATI{)� AND RIiMOB[I�IZA'IION Paoe 1 01'4 sECT�oN ol 7a oa MOBILIZATIC}N AND REMOBILIZATION PART1- GENERAL 1.1 SUMMARY A. Sectian lncludes: 1. Mobilization and Demobilization a. Mabilization l) Tra��spo1•iatio�l of Contractor's personuel, equipnlent, and operatit�g supplies to the Site 2} Establishment of l�ecessary general Facilities for the Contt�actor's operation at the Site 3) Premiums paid for perfo��mance and payment bonds 4) Transpoz-tation of Contractor's persoitnel, equipment, and operating supplies to another locatian within tlle designated Site 5) Relocatio�� of necessaty genez°al facilities for the Cantractor's operation from t location to another location on the Site. b. Dernobilization 1} Transp�rtation of Contractor's personnel, equipanent, and aperating supplies away from tl�e Site includii�g disassembJy 2) Site Clean-up 3) Removal af all buildin�s and/ar other facilities assembled at tl�e Site for this Contract c. Mobilization and Demobilization do not include activities for s�ecific items of work that are for which payment is provided elsewhere in the contract. 2. Renaobilization a. Remobilization for Suspension of Work specifically required ii� tlie Contract Documents or as requit•ed by City includes: 1) Demobilization a) Traz7sportatian of Contractor's personnel, equipment, aild operati��g stapplies fram the Site including disasseanbly or temporarily securing equip�nent, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Giean-up as designated in the Contract Documents 2) Relnobilization a) Transportation of Contz�actor's personnel, equipment, and operating supplies to the Site necessary to resu�ne the Work. b) Establishment of necessary general faciliiies far the Contractor's c�peration at the Site necessary to resume tl�e Work. 3) No Payments will be made for: a) Mo6ilization axid Demobilization from one location to another on the Site in the normal progress of performin� the Work. b) Stand-by or idle time c) I,ost prafits . Mobilizations and Demobrlization for Miscellaneous Projects a. Mobilizatio�� and Demobilization CIT'Y OF P"ORT WOR7H {Insert Prajecl ivame] S1'ANDARD CQNSTRUCTION SPGCIFICATION llOCtJMF,NTS — DEVI;I.,OPER AWARDED PROJGCTS [Insert Proiect Number] Revised April 7, 2014 O] 7000-2 DAP MOIitLiZA�CiO;V AND RG'v10I31t.1ZA"I'ION I'age 2 of �1 l) Mobilization slial] consist of tl�e activities and cost on a Work Order basis necessary fo1�: a) Transportation af Contcactoi•'s �ersonnel, ec�uipment, and operating s��pplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for tl�e Contractor's operaiion at the Site for the issued Work t}rder 2) Deznobilization shall consist of the activities axld cost necessary for: a) Transportation of Contractor's �ersonnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-u� for each issued Work Order c} Removal af all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do �aot include activities for specific items af work for which payment is provided elsewhere in the contract. 4. Emergency Mobiliz.ations and Demobilization %r Miscellaneaus Projects a. A Mobilization for Miscellaneous P�-ojects when directed by the City and the mobilizatio�� occurs within 24 hours of the issuance of the Work Order. B. Deviatioi�s from this City of Fort Worth Standard Specificatian 1. Noc1e. C. Related Specification Sections include, bu� are not nEcessarily litnit�ed to: 1. Division 0— Bidding Req�.�irements, Contt•act Forms a»d Conditions of the Contract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measu��ement and Payment 1. Mobilization aild Demobilization a. Measure l} Tl�is Ite�n is consider•ed subsidiary to the vaz•ious Itezns bid. b. Payrnent 1) The work perfor•nzed and inaterials �urnished in accordaalce wit)z this Item are subsidiary to the various Items bid ai�d no othex� compensation will be allowed. 2. Reinobilization for suspelzsion of Work as specifically z�equired in the Cantract Documents a. Measurement 1) Measurement for this Item shall be per each t�ernobilization perfonned. b. Payment 1) The wark performed and materials furnisl�ed in accordance with this Itetn and measured as provided under "Measurement" wi]1 be paid for at �I�e uui� price ��er each "Specified Remobilization" it� aceordance �vith Co�ltract Documents. c. The price shall include: 1) D�mobilization as described in Section I.1.A.2.a.1) 2) Remobilization as dascribed in Section l.l.A.2.a,2) d. Na payments will be made for standby, idle ti�ne, or lost profits associated this Item. CITY OF FORT WOR7'H [Insert Project Na�ne] STANDARD CONSTRL'C"I'ION SPECtFICA"I'tON dOCUMEiVT'S — D};VELOPER AWARDI�D PI20]IiCTS [Insert Project Number7 Re��ised April 7, 2014 017000-3 UAA MOB[I.IZATION AND REM(?i3tL17A'fION Page 3 oi' 4 Remobilization for suspension of Work as required by City a. Measurement and Payment l) This sl�all be submitted as a Gontract Claim in accordanee with Article 10 of Section 00 72 00. 2) No payments wi[I be inade for standby, idle time, or lost pro�its associated with this Item. 4, Mobilizatioi�s and Demobilizatio�3s for Miseellaneous Arojects a. Measuremer�t l) Measureinent for t11is Item shall be fot• eaclz Mabilization and Demobilization required by the Contract Documents b. Payment 1) The Work perfor�ned and materials fi�rnished in accordance with this Item and measured as provided under "Measurenlezat" will be paid for at tlle unit price �er each "Work Ordet� Mobilization" ila accordanee witl� Contract Documents. Demobilization sha(l be corlsidered subsidiaty to mobilization and sl7alt i�ot be paid for sepaz•ately. c. The price s11at1 include: 1} Mobilization as described in Seetion I.1.A.3.a.1) 2) Demobilizatio�� as described in Sectioza 1.1.A.3.a.2) d. Na paymerlts u�ill be made for sta��dby, idle time, or lost pi•ofits associated tl�is Item, Emergency Mobilirations a�ld Demobilizations f'ar Miscellarieous Projects a. Measurement 1) Measurement for this Item shall be for each Mobi(ization and Demabilizatic�n required by the Contract Documents b, Paytnent 1} The Work performed and �naterials furnished in accordance with tl�is Itein and measut•ed as provicied utader "Measut•ement" will be }�aid for at tl�e ��nit price per eacli "Wark C?rder Einergency Mobilizatio�l" in accordance with Contract Doculnents. Demobilizatian shall be considered subsidiary to mobilization and sha11 not be paid for separately. c. The �rice shall include 1} Mabilizatioa� as described in Section l.l.A.4.a) 2) Demobilization as described izl Section 7.l .t�.3.a.2) d. No payments will be inade for standby, idle time, ar lost profits associated this Ite�n. 1.3 REFERENCES [N(?T USEDj 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [N�T USED] 2.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOS�QUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALTTY ASSURA.NCE [N(1T USED) 1.10 DELIVERY, STORAGE, A1titD HANDLING [NC1T USED] C[TY OF PORT WORTH [H�seri Projeet Name] STANDARD CONSTRtI�TION SPECIFICA7'tON DOCUMENTS — DGVrI.,OPLR AWARDED PROJEC'I'S [Insert Projcct NumUer) Revised April 7, 2014 01 7000-4 [�riP MOI31LILr1"CION ANU KEMOBii.[ZATtON Page 4 of � L11 FTELD [SITE] CONDITIONS [N�T USEDj 1.12 WAI2RANTY [NQT USEDj PART 2 - PRODUCTS (NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION CITY OF POZt'I' WORTtI [Insert Project Name] STANDARD CONSTRL'CTIOIv SPECI�ICATIOh DOCUMrNTS — DEVGLOPEK AWARDFD PRQIEC'I'S [insert Praject:�umber) Revised April 7, 2014 017123-I DAP CONS7"RtJC'C(ON STAKING ANI� S�RVEsY Page 1 of 4 SECTION 01 71 23 CQNSTRUCTION STAICING AND SURVEY PART 1- GEIVERAL 1.1 SUMMARY A. Section Includes: l. Reqt�irements for construction staking and constructian survey I3. Deviations from this City of Fort Worth Star�dard Specification � . ?VrOl�e. C. Related Spe�ification Sections inelude, but a��e not necessariJy li�niied to: 1. Division 0— Bidding Reqr,lirements, Contract Porms and Co�lditions of the Gontract 2. Division 1— General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measu�•er�nent a�1d Fayment l . Construction Staking a. Measut•ement l) This Item is considered subsidiary to the various Items bid. b. Payment 1} Tlie work performed and the materials furnished in accordance with this Iiem are subsidiary to the various Items bid arld no otller compei7sation wiil be allowed. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to tl�e various Items bid. b. Payment 1) The worlc performed and the materials furnished in accordance with this Item are subsidiary to tt�e various Items bid and no otl�er compensation wi11 be allowed. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USEll] 1.5 SUBMITTALS A. S«brnit�als, if required, shall be in accordance with Section Ol 33 00. B. All submittals shall be approved by the City prior to delivery. 1.6 ACTI�N SUBMITTALSIINFORMATTONAL SUBMITTALS A. Certificates l. Provide cerCificate certifying tl�at elevations and locations of improvements are in confot•mance or non-conformance with requirements of the Cantract Documents. a. Certificate must be sealed by a registered professional land surveyar in the State of Texas. CI"I'Y OP POR7' WORTH [Insert Project Name] STANDARD CONSTRUCTION SYEC7FICAT`ION DOCUtvIENTS — DEVELC)PER AWAI2DI;D PROJECTS [lnsert Project NumberJ REvised t�pril 7, 2014 01 71 23 - 2 DAP CONS'CRUC'f'ION S"I�AKING AND SliRVEY Page 2 of 4 B. Field Quality Control Subrnittals l. Documentation verifying accuracy of field enginee��ing work, 1.7 CLOSEQUT SUBMITTALS [NQT USED] 1.8 MAINT�NANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Col�struction staking will be pel�foin�ed by the City. 2. Coot•dination a. Carltaet City's Projec� Representative at least 2 weeks in advance For sch�duling of Construetion Staking. b. It is the Co»tractar's responsibi3ity to coordizaate stalcing stach that construction activities are not delayed or negatively impacted. 3. General a. Cantractoi• is respansible for preserving and anaintai�iing stakes fiarnished by City. b. If in the opinion of the City, a sufticient number of stakes or markings have been lost, destroyed oi• disturbed, by Contractor's neglect, such that tl�e contracted Woz-k cai�not take place, t11en the Contractor will be requiz•ed to }�ay the City for new staking with a 25 percent �narkup. The cost for staking will be deducted from tl�e �aayment due to tl�e Contractor for the Pa�oject. B. Coilstruction Survey 1. Construction Survey will be pe►�tormed by the City. 2. Coordination a. Contractor to verify that control data estabiished in the desigi� strrvey reinains intact. b. Coordinate with the City prior to field investigation to determine which harizontal and vertical control data wiil be required for construction survey. c. It is the Contractor's responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively ilnpacted. d. Notify City if any control data �leeds to be restored or replacad due to damage caused during construciian aperations, 1) City shall perform replacements and/or restorations. 3. Ge��eral a. Constructio�z survey will be performed in order to maintain complete and accurate logs of control and survey wark as it pragresses for Project Records. b. Tlze Contractor will need to ensure coordi��atio�� is maintained with the City to perforin constniction su��vey to obtain consttuction features, inctuding but �aot liznited ta the fotlowing: 1) All UtiliTy Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Watel• Lines a) Top of pipe elevations and coordinates for waterlines at tl�e following locations: (1) Every 2S0 linear feet CITY OF FORT WORTH [Insert Project Name] STANDARD CQNSTRUCI'IOi�I SPrCIPICA770N DOCUMENTS — D33�lET.OPER A Wt�RDPD PROJGCTS [tuserr Project Nu3nbefi Revised April 7, 2014 017123-3 DAZ' CONS"[RUCTIC?N STAKINCi ANt? S[)RVGY Page 3 of 4 c. � (2} Horizontal and vertiea3 points of intl�ctioi�, cua•vature, etc. (All Fittings) (3} Cathadic protection test statioz�s {4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) �'ire l�ydcants (8) Gate valves (9) Plugs, stubouts, dead-end 1i11es (10) Air Release valves {Man,lioie rim and vent pipe) (] ]) Blaw aff valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe {each end) b} Storm Sewer (1) Top of pipe elevations and coordinates at the fc�llawizag locatioils: (a) Evezy 2SO linear feet (b) Horizontal and vertica] poi��ts af inflection, cutvature, etc. c) Sanitary Sev��er (1) Top of pipe �levations and coordinates for sanitary s�wer lines at the follov��ing locations: (a) Every 2SO linear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Clea��outs Constructian survey v.�ill be pet•formeci in arder to maintain complete ai�d accurate togs ot�control a1�d suevey work associated �vith ineeting or exce�ding the line and grade required by these Speci�cations. The Co��tractor wil( need to ensure coordination is z�7aintained with the City to perfol°rn consiruction survey and to varify control data, including but not limited to the followi��g: 1) Established benchmarks and control points pl-ovided for the Contractor's use are accurate 2} Senchinaz-ks were usecl to furnish and maintai�� all reference lines and grades for tunnelit�g 3} Lines and grades were used to establish the location of t11e pi�e 4) Submit to the City copies of �eld notes used to estal�lish all lines and grades and aIlow the City to check guidance system setup prior to beginzling each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and geade of the carrier• pipe an a daily basis. 6) Tl�e Contractor �•email�s fully responsible for the acct�racy oi the work and the correetiot� of it, as requirad. 7) Monitor line and gi°ade continuously during construetion. 8) Record deviation with respect to design lit�e and grade once at each pipe joint and submit daily recoz•ds to City. 9) If the insta[lation does not meet the specified tolerances, immediately notify the City and correct tha installation in accordance with tl�e Contract Documents. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] CITY OF FQR'1" WORTII (Insert Projeci Name] S'I`ANDARll CONSTRUC"I10N SPF_GIFICA7'ION DOCiJVIF.,NTS — I7GVEI,OPBR A�iARDEll PROJECTS (lnsen Proiect Number] Revised Apri17, 2014 O 1 71 23 - 4 DAP CONSTRtJC"P10� STAKING AND SURVEY Page 4 t�f 4 1.11 FIELD [SITE} CONllITIt)NS [NOT USED] 1.12 WARRANTY jNOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.i INSTALLERS [NOT US�D] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USEDj 3.4 APPLICATION 3.5 REPAIR / RESTORATI4N [NOT USED] 3,6 RE-INSTALLATION [NOT USED] 3.7 FIELD {oR] SITE QU�ALITY CC)NTROL A. It is the Co��ti�actor's t•esponsihiliry to naaintain all siakes and conta•ol data placed by the City in accot•dance with this Speciircation. B. Do not charlge or relocate stakes or conti•ol data withaut appraval frnm the City. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NUT USED] 3.10 CLEANING [NC?T USED) 3.11 CLOSEQUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED) 3.13 MAINTENANCE [N(}T USED] 3.14 ATTACHMENTS [NOT USED) END OF SECTION DATE � NAME 4/7/2014 � M.I)ome�iech Revision Log SliiViMARY OF CNt1NGE Revised f'or I)AY application C[TY Oi� FOR"C WORTH [Insert Project Name] S'I'ANDARD CONSTRUCTION SF�CIPICA"I'[ON DOCUMENTS — DEVGLOPER AWAR.DL-'D PROJECTS [[nsert Project Iduinberj Revised April 7, 2014 017423-i DAP CL.LANING Page 1 0l'4 �ECTION O E 74 23 CL�ANING PART1- GENERAL i.l SUMMARY A. Section Includes: 1. Intermediate ai�d final cleanii�g For Work i�ot includin� special cleaning af closed sys#eins specified e(sewhere y B. Deviations from this City of I�ort Worth Standard Specification l. None. C. Related Specificatio►� Sectioizs i��clude, but are �1ot neeessarily ii�nited to: 1. Division 0— Bidding Requiren�erits, Contrae# For�ns and Co»ditions of tl�e Cor�tract 2. Division 1— Generai Requirements 3. Sec�ion 32 92 13 — Hydro-Mulching, Seecling and Soddin� 1.2 PRICE AND PAYMENT PROCEDURES A. Measuremen� and Pay�nent 1. Work assoeiated with tl�is Itern is considered subsidiary to tihe various Ilenls bid. No separate payment will be all�wed for this Item. 1.3 REFERENCES [NOT US�D] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedulin� l. Schedule cleanin� operatioi�s so that dust and other contaminants disturbed by claaning process will not fall on newly paii�ted surfaces, 2. Schedule final cteaning upon completion of Work and immediately prior to final inspection. 1.S SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INF(3RMATIONAL SUBMITTALS [NOT USEDJ 1.7 CLOSEOUT SIJBMITTALS (NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NQT USED] 1.9 QUALITY ASSURANCE [NOT USED) 1.10 STORAGE, A1ti�D HANDLING A. Storage and Ha�ldIing Requirements 1. Store clea�ling pr•adiicts and cleaning wastes in containers specifically desigiied for those materials. CI't'Y OF FORT WORTH []nsert I'rojeet Name] ST/1NDARD CONSTRUCTION SPI>CIF[CATI01 UOCUMrNTS — DrVrI,OPER AWnRDED PROJECTS [Insert Project NumberJ Revised April 7, 2014 oi�aa�-z DAY CLF.ANING Page 2 of 4 I.11 FIELI� [SITEj CONllITI(}NS �NOT USED) 1.32 WAI2RANTY jNOT USED] PART 2 - PRODUCTS 2.1 OWNER-l+'URNISHED [oR) OWNER-SUPPLIEDPRODUCTS [NOT US�D] 2.2 MATERIALS l-�. Cleanin� Agents l. Compatible �vith siirface being cleaned 2. New and uncontaminated 3. For n�anufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NQT USEDj 2.4 SOURCE QUALITY CONTROL [NOT USED� PART 3 - EXECUTIQN 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATIC?l�t [NC?T USED] 3.3 PREPARATION [NOT USED) 3.4 APPLICATIC}N [NOT IISEDJ 3.5 REPAIR / RESTCTRATION [NOT USED] 3.6 RE-INSTALLATI4IY [NOT USED] 3.7 FIELD [ox] SITE Q[IALITY CONTRC?L [NOT USED] 3.8 SYSTEM STARTUP [NOT US�Dj 3.9 ADJUSTING [NOT USEDJ 3.10 CLEANING A. Gener•al 1. Frevent accumulation of wastes that create hazardaus conditions. 2. Condl2ct cleaning and disposal operations to comply wit(� laws and safety orders of govezning authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner ir� storm or sanitary drains or sewers. 4. Dispose oidegradable debris at an approved solid waste d'asposal site. 5. Dispose of nondegradable debris at an approved salid waste disposal site or in an alternate manner appr•oved by City and regulato�y agencies. CI7'Y OI� FOR7' WORTH [Insert Projeci Name] S"I�ANDARD CONSTR[;CTION SPGCIi�ICn"TIQN DOCUMFNT'S — DEVELOPGR AWARDL-D YROJECTS jlnsert Project NumberJ Revised Aprii 7, 2014 017423-3 DAP CLEANtNG Page 3 af 4 6. Handle materials in a co��trolled manner with as few handlings as passible. 7. Thoroughly clea�i, swee�, «ash and polish all Work and equipitlent associated wiil� this project. 8. Remove all signs of temporary canstruction and activities incidental to constructian af required perma��ent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning compteted at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning durit�g Constructia�� l. Keep Work areas clean so as not to hinder health, safet�� oi� convet�ietice of personnel in existing facility operations. 2. At m�i�num weekly intervals, dispose of waste �naieriais, debris and rubbish. 3. Contine construction debris daily in strategically located container(s): a. Cover io prevent blowing by wizad b. Store debris away frain construction or operatianal activities c. Haul froan site at a�z�iniinum of ance per week 4. Vacuuni cleail interio�� areas when ready to receive finish paintit�g. a. Continue vacuum cleaning on an as-needed basis, until Final Acce�tarlce. 5. Prior• to stoz�m events, thoroughly clean s'rte of all loose or unsecured items, whict� inay became airbarne or iransported by flowing water during the storm. C. Exterior (Site or Rigl�t of Way) Fina1 Cleanulg 1. Re�nove trash and debris cantainers fi•otn site. a. Re-seed areas distiirbed by (ocatlon of trash a�1d debris containers in accordar�ca 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. Cleatz any interior areas irlcludixlg, but not limited to, vaults, manholes, structures, jui�ction baxes and inlets. 4. If n� longer required for maintenance oFe�•osion facilities, and upoz� approval by City, remove erosiozi control froln site. 5. Cleaai signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NQT USEDj 3.12 PROTECTION (NQT USE.D] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS (NOT USED] clTv �r roRT wo�rrii S"l'ANDARD CONSTRUC"170�1 SPECIPICAT'IQN DOCUMrNTS — t�F.,VEI,bPER A WARDGD PROJ�CTS (I��sert Pr aect Nu nber] Revised April 7, 20(4 017�23-4 DAP CLF,ANING Page � ot'�1 END 4F SECTION Revision Log DATE N�ME 4/7/2014 M.Domenecla SUM,VIf1.RY OF CHANGE Revised rar DAI' appiication Ct"I`Y OF FQRT WOR�I'H [Insert Prajeet Name] STANDARD CONSTRUC"I'IC)iv SPECIl�ICA"f'ION DOCUMBNTS — I)I:VC:I,OPER AWARUIU PRO.iECTS jinsert Praject Nwnbar) Revised Apri! 7, 2014 017719-1 DAP CLOSGOUT RFQUCRL:ML:NT'S l�age 1 of 3 SECTION 017719 CLOSEOUT REQUIREMENTS PARTI- GENERAL l.l. SLIMMARY A. Section Includes: l. The procedure far closing out a contract B. Deviations fi�om tlais City of Fot-t Worth Standard Sp�cification 1. N��e. C. Related Speci�cation Sections inclucie, but are not necessarily Iirnited to: l. Division Q— Biddix�g Requirements, Contt-act Forms and Gonditions of the Contract 2. Divisiott 1— Ge��eral Req��iretnents L2 PRICE ANll PAYMENT PR�CEDURES A. Measurement and Paymez�t 1. Wor•k associated with this Item is considered subsidiary to the various It�ms bid. No separate payment will be allawed for this Item. L3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQIJIREMENTS A. Guarantees, Bonds a�ld Affdavits 1. I`�Io applieation for flual payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specifed are satisfactorily filed with the City. B. Release of Li�i�s or Claiins l. Na application for final payznent 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. C17"Y OI' FOR7' WORTH [Insert Pr�ject Name] STANDARD CONSTRLC7'ION SPL-CIFICATION DOCt�A41;NTS — DGVELOPER AWARDFD PRQJECTS (Insert Project Number] Revfsed April 7, 20t4 01 77 19-2 DAP CI,C7SEQUT RECZUIREMI�N"I'S Page 2 of 3 L6 I.NFORMATIONAL SUBMITTALS [NOT USEDJ 1.7 CL�SEOUT SUBMITTALS [NQT USEUj PART 2 - PRODUCTS (NOT USED] PAIZT 3 - EXECUTIQN 3.1 I�VSTALLERS [NOT USED] 3.2 EXAMINATION (NOT USED] 3.3 PREPARATION [N4T USED] 3.4 CLC?SEOUT PRC?CEDURE A. Prior to requestii�g Final Inspection, submit: l. Project F2ecot•d Documents in accoz•dance with Section O1 78 39 2. Operatiorl and Maintena�lce Data, if requirecl, in accordance with Secti�n 0] 78 23 B. Prior to reqt�esiing Final Inspection, perform fi��al cleani�lg i�1 accardanee with Section O 1 '74 23. C. FinalInspection 1. After fi1�a1 clea��il�g, provide notice to the City Project Representative tI1at the Wot�k is completed. a. The City wilI make arl initial Final Inspection with the Contra�tor present. b. Upon completion of this i�lspection, the City will notify ihe Contractor, in writing within 10 business days, of any particulars in which this inspection t•eveals that t11e Work is defective or incomplete. 2. llpon receivin� writteu notice from the City, iinmediately undertake the Work required to remedy deficiencies and complete the Worlc to the satisfactio�� ofthe City. 3. Upon completioz� oi Work associated ��+i#h tlle iteans listed in the City's written l�otice, inform the City, tJ�at the t•equired Work has been coinpleted. Upoz1 receipt of this notice, tlle City, in the presence of'the Contractor, will make a subsequent Final Inspection of the project. 4. Pl•ovide aIl special accesso�•ies required to piace each item ofequipment in full operation. These special accessory items include, but are not liinited to: a. Specified s}�are parts b. Adequate oil and gt•ease as required for the ��st lubrication of tlie equipment c. Initial fiil u� af all chemical tanks and fuol tanks d. Ligl�t bulbs e. Fuses f Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipii�ent D. Notice of Praject Completion CI"I'Y OF I'ORT WORTII [lnsert I'roject Namej STANDARD CONSTRUC"I�ION SPECIFICA'I'IO�! DQCUNtE�TS — D}:;VELOFF,R AR'ARdED PR.OJ�CT'S (Insert Aroject Nwnber] Revised Apri17, 2014 Q77719-3 DAP CLOS1s4U'I' RLQU[RI;MENTS Page 3 of 3 ]. Once the City Project RepresenCative finds the Work subsequent to �inal Inspection to be satisfactory, the City will issue a Notice of Project Co�npletion (Gi•eez� Sheet). E. Supporting Doc�.�ane►�tat�ian l. Coordinate with tlle City Praject Represe►�tative to complete tl7e following additional forrns: a. Fi�ial Payment Request b. Statement of Contract Time c. A�davit of Payment and R�lease of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Cot�tractat's Evaluation of City g. Performance Evaluation of Contractor �'. Letter of Fii�al .�cceptance 1. Upan review and acceptance of Notice of Project Cam��]et3on and Supporting Docuinentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payme�lt. 3.S REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD (ox) SITE QUALITY CQNTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEAPi'ING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [N�T USED] 3.12 PR4TECTION [NOT USED] 3.13 MATNTENANCE [NOT USED] 3.14 ATTACHMENTS [NQT USED] END OF SECTION CiTY OF FOR"I' WdRTH jtnseri Project Name] STANDARll CONSTRUC"CI(7N SPECIF[CATION DOCUMEN'CS — DEV�LOPF.,R A�NARDED PROJECTS (Ltsert Project Number] Revised Anrii 7, 2014 (} 1 78 23 - 1 DAP OPIiR�"1'ION AND MAIN'I��:VANCE DATA Page 1 oi' S SECTION 0178 23 OPERATIQN AND MAtNTENANC� DATA PARTl- GENERAL 1.1 SUMMARY A. SectioilIncludes: 1. Pt•oduct data and related information appl•opriate for City's maint�nance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Contr�llet•s b. Iri•igation Cai�trollers (to be operated by the City) c. Buttsrfly Valves B. Deviations froan ihis City of For�t Worth Standard Specification 1. None. C. Related Specificatiol� Sections incliide, but al•� not necessarily lin�iied to: 1. Division 0— Bidding Require�neiits, Contract Fo►•ms and Conditions of the Gonti•act 2. Division 1— General Require�nents 1.2 PRICE AND PAYMENT PROC�DURES A. Measuretne�lt and Payment 1. Work associated with this Ite�n is considered subsidiary ta the various Items bid. Na separate payment witl be allawed for this Item. 1.3 REFERENCES [NC}T USED] 1.4 ADMINISTRATNE REQUIREMENTS A. Sehedule l. Submit manuals in final form to the City wit}lin 30 cale�ldar days of product shipmerlt to the pz•oject site. 1.5 SUBMITTALS A. Submittals sl�all be in accordance witl� Section O1 33 00. All subrnittals shall be appraved by t11e City pr�ior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Siib�nittal For�n 1. Prepare data in form of an inshuctional ananual for use by City persazinel. 2. Format a. Size: 8'/2 inches x 11 inches b. Paper 1) 40 pound minimu�n, white, for typed pages 2} Holes reinforced with plastic, cloth or metal c. Tert: Manufacturer•'s printed data, or neatly typewz•itten CITY OF NORT WORTH [Insert Projeci tiame] 5TANDARD CONSTRUCI'ION SPECIPICAT']ON DQCUMENTS — DrVELdPER AWARDED PRC),TI;CTS (hisen Project NwnberJ Revised April 7, 2014 0t 7823-2 DAP OPEIZA'FION l��D MAIN7'ENANCG DATA Page 2 of 5 d. Drawings l} Provide reinforced pui�ched binder tab, bitld in with text 2) Reduce larger drawin�s and fold to size of text pages. e. Provide fly-Ieaf for each separate ��roduct, or each piece of aperating equipinent. ]} Provide typed descx•i�tion of product. and major compotlent parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify eac11 valume witll typed or pril�ted title "OPERATING AND MAINT�NANCE INSTRUCTIONS°. 2) List: a) Title af Projeet b) Identity of sepai•ate sh•ucture as applicable c) ldentity of general subject matter coverecl in thP mar,��al 3. Binders a. Con�inercial quality 3-ring binders with dui•able and cleai�able plastic cover•s b. When multiUle binders are used, correlate the data inta related consistent �;roup ings. 4. If avaiiable, }�rovide an electronic farm of the d&M Manual. B. Manual Content 1. Neatly typewritten tabie of contents for each votume, ac•ranged in systematic order a. Contracior, name of responsible �rincipal, address and telephoi�e number b. A list of each product required to ba inch►ded, indexed to cantent of the volwne c. List, witl� each product: l) The name, address atld telephone numUer of the subcontractor or installer 2) A list of each product requiz•ed to be included, indexed to content of tl�e volz�me 3) Identify area of responsibility of each 4) Loca1 source af supply for parts and replaceme�it d. Identify each �roduct by product name a�ad otlaer identifyizl� sy�nbofs as set forth in Cantract Documents. 2. Product Data a. Include only those sheets which are pei-�inent to th� specific product. b. Almatate eacl� sl�eet ta: 1) Clearly ide�ltify 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 illustz•ate: 1) Relations of cotnponent parts of equipment and systems 2) Contral ar�d f7ow diagrams b. Caordinate drawings with informatiou in Projeefi Record Documezlts to assure cot•rect illustration af completed installatian. c. Do not use Project Recard Drawings as maintenazice drawings. 4. Wz•itten text, as required to supplement product data fo�• the particular irastalIatioz�: a. Organize in consistent fornlafi under separate headings for different pr•ocedures. b. Provide logical sequence of instructions of eacli procedure. CI7'Y QI' T'OR'I� WOR"TH [Insert Praiect ?�ameJ S7'ANDARD CQItiSTRUC'flOi� SPECIFICA'I'I�N DOCL�MENTS — DEVELUPER AWARDED PROJECTS [Inseri Project Numbef) Revised Aprii 7, 2014 O I 78 23 - 3 S7AP OPERA'TIUN ANU MAINTGNANCG (�JiTA Page 3 oF5 S. Copy of each ��arl•az�ty, bond and service contract issi�ed a. Provide informatian sheet for City personnel giving: 1) Proper pracedures in event of failure 2} I�lstances ��hich �night affeet validity o�'warrai�ties or bands C. Manual for Materials and FiX�ishes Subinit 5 copies of complete �nanual in final forin. Cantent, for arcl�iteetural �aroducts, appiied inatez•ials and finishes: a. Manufacturer's data, givi�lg fiill information on products 1) Catalog r�u�nber, size, composition 2} Color and texture designations 3) Information required for r•eordering special manufactu►•ed products b. Instructions for care and �naintenance 1) Manufacturer's recommeudation for types of cleaning a�ents and metllods 2) Cautians against el�aning agents and methods ��hich are detri�nental to prodllct 3) Recolnmended schedtale for cleaning and maintenance Coi�tent, for �noisture p��otection and weather exposure products: a. Manufacturer's data, giving full i��formatian on products 1 � Applicable standards 2) Clle�nical composition 3) Details of instaltation b. Instructions for inspectian, inaii�tenance and repair D. Manual fo�• Equipment at�d Systetns 1. Submit 5 copies of eomplete manual ii� final fortn. 2. Cantent, for each u��it of equipment ar3d system, as appropriate: a. Description of unit and coinponent parts l) �'«nction, normal ope�•ating characteristics and li�niting conditions 2) Performance curves, engineering data and tests 3) Complete norrtenclature and comn�ercial number of replaceable parts b. Operatinb procedures 1) Sta,t-�-up, break-in, rouiine and normal oper•ating instructions 2} Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operatin� instructions 4) Special operating ii�structions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and t•eassembly 4) Aligninent, adjusti��g and checking d. Servici��g ,asld lubrication schedule 1) List of lubricants required e. Manufacturer's printed operati��g and inaintenance i��structions f. Description of sequence of opei•ation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts �;. As installed control diagt•a�,ns by contrals manufactarer h. Each contractar's coordinatian drawings 1) As instal led color coded piping diagratns CPCY Of� FORT' WOR7'H [Inserr Project Name] STANDARll CONS"1'RUCTiON SPECIFICATION t)QCUMENTS — DEVELOPGR l�WARDLD PR(),IEC7'S [Insert Project Num6erJ Re��ised April 7, 2014 017823-d DAP di'LRA"170N �NJ7 MAIN"PI;NAN('C DA'Cn Page 4 oY 5 i. Charts of valve tag nun.ibers, witli ioeation and f�u�ction of eac11 valve j. List of origina( ma►iufacturer's spare parts, manufacturei's current prices, and recammended quantities to be maintained in storage ]c. Other data as requil•ed under pertinent Sections of S}�ecifications 3. Content, for each electric and electronic syste�n, as appeo�riate: a. Descript'ran of system a�ld companeni parts 1) Fu��ction, nor�nal operating characteristics, a��d limiting conditious 2) Perfarr��ance cti�rves, en�;ineering data and tests 3) Complete nomenclature and commercial n«mber of re�laceable parts b. Ciz•cuit directo��ies of panelboards 1) �lectrical service 2) Controls 3) Ca�nmunications c. As installed color coded wiril�� diagraans d. Operating procedures 1) Routiile and not�nal operating instructions 2} Seque�lces required 3) Special operating instructio�ls e. ll�iaintenance }�rocedures 1) Rautine oper�tions 2} Guide to "trauble sl�ootin�" 3) Disassembly, repair a»d reassembly 4) Adjustment and checking f. Ma��ufact�rrer's printed operating and maintenance instructions g. List of ar�iginal nlanufacturer's spare parts, manufacturet's cur►•e��t prices, and reco�n�nended qt�antities to be maintained ii� siorage h. Other data as required under pertinent Sections of Specificatio�ls 4. Pr•epare and include additional data when the need for sueh data becomes apparei�t dui�ing instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] I.9 QUALITY ASSURANCE A. Pravide operation and maintenance data by pe��sonnel with the followi�l�; criteria: l. Trained and experienced in maintenance and operation of described products 2. Skilled as teclulical wri�er ta ihe exteut required to commutiicate essentiial data 3. Skilled as d�•aftsman competent to prepare required drawings CITY QF POR'I' �NC7R1'H STANDARD CONS"I'RC;CT[O� SPECII�'iCAT10N DOCt�MENTS — DEVELOPER AWARDED YR4JECIS [bisort Pr �rect Nt maber] Revised Aprii 7, 2014 o��x?3-� DAP OPGRA"CiO\ A:�D IvtAlN1�'ENANC� DATA Page 5 of 5 1.�4 DELIVERY, STORAGE, AND I-IANDLING [NOT USED] 1.11 �'IELD [SITE] CONDITIONS [N4T USE,D] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS (NOT USEll] PART 3 - EX�CUTION [NQT i7SF�D) END OF SECTION CITY OF FOR7' WORTI-I [Insert Prc�ject NameJ STAt3DARD CONS"I'RUC7'lON SPECIFICI�TION DOCUMLN'CS — DEVF,LOPER AWARI�ED PROJF;CTS [Insert Project NwnberJ Kevised April 7, 2014 01 �8 39 - i DAP PRO.tECT RECORD DOCUMI;N"['S Page i o1'4 SECTION Ol 78 39 PROJECT RECORD DOCUMENTS PARTI- GENERAL l.l SUMMARY A. Section Includes: Work associated with the docut��enting tl�e project and recording changes to project documents, including: a. Recorcl Drawin�s b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large i�Jater Meter Reports B. Deviations ft�om tllis City of Fort Wortli Standard Specifcation l. Nane. C. Related Specificatian Sections include, but at•e not necessarily lunited to: l. Divisio�� 0— Bidding Reqt�irements, Contrac� Forms and Coz�ditio»s of tl�e Contract 2. Division l— General Requiren�ents I.2 PRICE AND PAYMENT PI2C)CEDURES A. Measurernent and Paymezlt Work associated with this Item is considet-ed 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 I��spection, deliver Project Recard Documents to City's Project Representative. 1.6 ACTION SUBMITTALS/INFORMAT.IONAL SUBMITTALS [NOT USEI?) 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.$ MAINTENANCE MATERIAL SUBMITTALS [NC?T USED) 1.4 QUALITY ASSiJRANCE A. Accuracy �f Records 1. Thoroughly coordinate changes within the Record Dacuinents, making adequate and proper entries on each page of Specifications and eacli sheet of Drawings and other pocuments where such entry is required ta slaow the change pro}�erly. 2. AccLiracy of records shall be sucl� that future search for items shaw�l in the Contract Documents may rely reasonably on infonnation obtai��ed from the approved Project Record Doctunents. CITY O� POR7' WC)R"I'It [Insert Project Na�ne] S"I'�iNDARll CONSTRUC'1'ION SPECIPICATION pOCtJMENTS — DEVEI,OPGR AWARDFD PROJLCTS [Insert Project Nwnber� Revised April ?, 2d 14 01 7839-2 DAP 1'ROJEC'I" RCCORD I7C)CUyti;NTS Page 2 of 4 3. To facilitate accuracy of records, make e»tries within 241�ours aier receipt of ii�formation that ihe change has occurred. 4. Provide factual iz2farmation regarding all aspects of the Work, both concealed aizd visibl�, to eilable future �nodiftcation of the Work to proceed without l�ngthy al�d expensive site measurer�ent, investigation and exarnination, 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements l. Maintain the job set of Record Docuinents coinpletely �rotected fi�om deterioration arzd from loss and damage until co171pletion of the Wark and transfet• of all recordec� data to the final Project Record Docuinents. 2. In ti�e event of loss of reaorded data, use means necessary to agail� secure the data tc� the City's approval. a. In such case, provide replac�ments to the standar•ds originally required by tlle Contract Documents. 1.11 FIF.LD (SiTEj CQNDITIONS [NUT USED] L12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.2 OWNER-FURNISHED [oxJ CIWNER-SUPPLIED PRODUCTS [NQT US�D] 2.2 RECORD DOCUMENTS A. Job set 1. Pro�nptly folIowing receipt oftl�e Notice to Proceed, secure fxom the City, at no charge to the Coniractoz•, 1 colnplete set ofall Docurrtents compt�ising tl�e Contract. B. Final Record Docu�nents l. At a time nearing the completion of the Work and priar to Final Inspectiozi, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSaRIES [NOT USED] 2.4 SOURCE QUALITY C(3NTR�L [NOT USEDJ PART 3 - EXECUTIQN 3.1 iNSTALLERS [NQT USED] 3.2 EXA.MINATIQN [NOT USED] 3.3 PREPARATI�N [NOT USEll] 3.4 MAINT�NANCE llOCUMENTS A. Mairnenance of Job Set ]mmediately upon receipt of the job set, identify each of the Documellts u�ith tlle title, "RECORD DOCUMENTS - JOB SET". CITY UP PORT WORTI-i S'I�ANDARD CONSTI2tICTION SPECii'1CATION DOCliMENTs —DEVELOPER AWARDEQ PRC)JI3C'PS �Lisert Project Name) Revised April 7, 2014 [Tnsert Project iVumber] o� �x3v-� D!�P PROJECT ItBGORD DOCUMF.,NTS Page 3 of 4 2. Preservation a. Considering the Contraci coin}�letion tirne, the probable number of occasions upon which the job set mList be take�l out for new entries arad far examinatio�x, and the conditions under which these activities will be perfaraned, devise a suitable method fot• protecting tlle job set. b. Do not use tl�e job set for a�ry purpase except entry of new data and for ►�evaew by t11e City, until start of transfer of data to fina] Project Record Docume��ts. c. Maintain tl�e jab set at the site of work. Coordination witl� Construction Survev a. At a�ninimum clearly mark any deviations fr•olra Cantract Docun7ents associated with installation of the in�i�astl�.�cture. Making entries on Drawii�gs a. Record atly deviations from Contract Documel�ts. b. Use an erasable colored pencil (not i�alc or indelible pe�lcil), ciearly describe the cllange by grapllic line and note as requ'rred. c. Date all ei�tries. d. Call attention to the e�ztry by a"cloud" drawn around tlae area or areas af-fected. e. In the evetlt of averlappin� changes, use different colors for the overlapping chai�ges. Conver•sion of schematic layouts a. In some cases an the Drawialgs, arrangements of conduits, circuits, pipila�;, ducts, and similar items, are shown scheinatically and are ilot intended �o portray precise physical layout. 7} Final physical arrangen�ent is determined by tlle Contractor, subject to tlle City's a�proval. 2j Hawever, design of future madificatiozis af the facality may require accurate informatian as to the final physical layout of items e��hich are shown o��ly seh�inatically on the Drawings. b. Sllow on t11e job set of Record Dra.wings, by dimension accurate to within 1 inch, the cezite�•line of each run of ite�ns. 1} Final physical arrangemeni is determined by th� Cantractor, sLlbject to the City's appt•oval. 2) Show, by synabol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposect", aald the like). 3) Make all identification sufficiently descriptive tllat it may be related reliably to the Specifications. c. The City may waive the requiremey�ts for conversion of schematic layouts where, in t17e City's judgt��ent, conversion serves no useful purpose. Hawever, do not rely upon ��aivers bei��g issued except as speci�cally issued in writing by tlle City. B. Final Project Record Documei�ts T�•ansfer �f data to Drawings a. Carefully transfer change data shown on tlie job set af Record Dra�vings to the correspotzding fizial documents, coordi��ating the chan�es as required. b. Gtearly indicate at each affected detail and otlier Drawing a full description af changes made during construction, and tl�e actual location of items. c. Call attention to each entry by drawing a°cloud" around the area or areas affected. CITY OI' FORT WORTH [Insert Projeck Ivame] S"I'ANDARll CONS"I'RliCTION SPI;CII�ICA'1'IQN DOCUMENTS — DEVt.LOPER :1WARDi:D AROJECTS [Insert Projeet Number] Revised April 7; 2014 017839-4 DAP PROJLC'I' REC()RD DOCI.IMI;N`i'S Page 4 of 4 d. Make changes neatly, consistently and wit(a the proper media to assut•e longevity and clear reproduction. 2. Transfer of data to other pocurnents a. If the Dacumenis, ather tlYa�� Dcawings, have been kept clean during pro�ress of the Work, and if entries thereon have been orderly to t(le appc�oval of the City, the jab set of those Documents, other than I?rawings, will be accepted as final Recard Documents. b. If any suc17 Dacument is not so ap��raved by the City, secure a new copy af that Document from ths City at the City's usual charge for reprodtictioi7 and I�andling, and carefiil(y tra�lsfer tl�e chaz�ge data to the tlew copy to the approval of the Ci�v. 3.5 REPAIR / RESTORATION [NOT USED) 3.6 RE-INSTALLATIDN [NOT USED] 3.7 FIELD (oR] SITE (�UALITY C'(?NTROL [NC1T USEI)) 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJ'USTING (NOT USEDj 3.10 CL�ANING [NOT USED� 3.11 CLOSEOUT ACTIVITIES (NC}T USED) 3.12 PROTECTIQN [NOT USED] 3.13 MAINTENANCE [NOT USED) 3.14 ATTACHMENTS [NOT USED] END O� SECTION Revision Log DATE NA;VIE 4/7/2014 M.l�omenech SUMMARY OF CHANGE 12evised for DAP Applieatie3n CITY OF FORT WORTH STANllARD CONS"I`RUCTIQN SPPCIFICATION DOCUMrN"I'S — DEVELOPGR AWARDED YRO7CCT5 [I��sert Pr ject;�,r maber) Revised April 7, 20t4 F RT � � W�RTH � �ITY �F F�RT W(]RTH �VATER DEPARTMENT STANDARD PR�DUC'T LIST Updated: Decetnber 6, 2018 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. Table of Content (Click on items to go directly to the page) Items A. Water & Sewer 1. Manholes & Bases/Components ................................. 2. Manholes & Bases/Fiberglass .............. 3. Manholes & Bases/Frames & Covers/Rectangular Page .................. 1 .................. 2 .................. 3 4. Manholes & Bases/Frames & Covers/Round ....................................... 4 5. Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6. Manholes & Bases/Precast Concrete .................................................... 6 7. Manholes & Bases/Rehab Systems/Cementitious ................................ 7 8. Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9. Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer ............................................................................... 10 11. Pipes/Ductile Iron ................................................................................. 11 12. Utility Line Marker ............................................................................... 12 B. Sewer 13. Coatings/Epoxy ............................. 14. Coatings/Polyurethane .................. 15. Combination Air Valves ............... 16. Pipes/Concrete .............................. .............................. 13 14 ................................................ l 5 ................................................ 16 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18 19. Pipes/HDPE .......................................................................................... 19 20. Pipes/PVC (Pressure Sewer) ................................................................. 20 21. Pipes/PVC* ........................................................................................... 21 22. Pipes/Rehab/CIPP ................................................................................. 22 23. Pipes/Rehab/Fold & Form .................................................................... 23 24. Pipes/Open Profile Large Diameter ...................................................... 24 C. Water 25. Appurtenances ....................................................................................... 25 26. Bolts, Nuts, and Gaskets ....................................................................... 26 27. Combination Air Release Valve ........................................................... 27 28. Dry Barrel Fii•e Hydrants ...................................................................... 28 29. Meters ................................................................................................... 29 30. Pipes/PVC (Pressure Water) ................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. PipesNalves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement ..................................................................... 34 35. Sampling Stations ................................................................................. 35 � 0 N w P N "a N Cd ro a a � � � a oW� � � p o�� wAa w��oW N�� , s �- o� � F- pC w M � G N b 4 N � v � � R a F■ H�a G � V � � Q O aAa � � �0 � � A V � � � _ E� G� � H CC L� � 6 N �O Q N "� N � � L7. �.] � x�� a awN o�� a�o Opa�",, � W � � � A Cj � � � � H C� � F � L� � �.vi b a J � � � � laf W � W � � � � � � ❑ G4 �i 0 � {..� � � I� � � U A W F� � A Q � � 1 �f1 1`�! L� � � � � ^l � .� � � 4 Q a A� � 4 A G q a a C] ❑ C] V Y N N ry � _ _ _ 9 � � � O � v � � b � � � aa o � .^ � �� z� `- ° O � O O � � � •° ��¢ N¢�¢ C .r .f .v ¢ ¢ ¢ ¢ '¢ '� al `� � � •� �'S aS al � N h � H v v v v ¢ n �¢ y�, ¢ 2 �t Q � H � �. :. s s � �� 2�c �¢ d � G G � � � � � A ❑ � � T � � O � � � %,��p° v�' z� rr' ,z ,� e� x� x„7-} 7.. 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