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HomeMy WebLinkAboutContract 55396-PM1PROJECT MANUAL FOR THE CONSTRUCTION OF BURLESON CARDINAL ROAD FORT WORTH LOGISTICS HUB IPRC Record No. 20-0091 City Project No. 102843 FID No. 30114-0200431-102843-E07685 X File No. 26607 File No. K-2797 Betsy Price David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department David Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth November 2020 PACHECO KOCH CONSULTING ENGINEERS, INC. 4060 BRYANT IRVIN ROAD FORT WORTH, TX 76109 TX REG. ENGINEERING FIRM F-469 TX REG. SURVEYING FIRM LS-10008000 CSC No. 55396-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102843 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions 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 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 52 43 Supplementary Conditions to Section 00 52 43 Agreement 02/04/2021 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102843 Revised March 20, 2020 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102843 Revised March 20, 2020 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings – Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings – Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102843 Revised March 20, 2020 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102843 Revised March 20, 2020 Appendix GC-4.02 Subsurface and Physical Conditions GR-01 60 00 Product Requirements END OF SECTION 00 42 43DAP - BID PROPOSALPage 1 of 6SECTION 00 42 43Developer Awarded Projects - PROPOSAL FORMUNIT PRICE BIDBidder's ApplicationProject Item InformationBidder's ProposalBidlist ItemNo.DescriptionSpecificationSection No.Unit ofMeasureBidQuantityUnit PriceBid Value123456789101112131415161718192021222324252627282930313233343536373839404142434445UNITlLWATERlMPROVEMENTS3305.0109 Trench Safety3311.0361 10" PVC Water Pipe3312.2203 2" Water Service3312.4108 12" X 10" Tapping Sleeve & Valve3305103311 1233121033 12 25LFLFEAEA16216263$1.00$43.00$1,706.00$6,199.00$162.00$6,966.00$10,236.00$18,597.00TOTAL UNIT I: WATER IMPROVEMENTS$35,961.00CITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTSForm Vereion May 22, 201 900 42 43_Bid ProposaLDAP^Cun-ent \vith Prices.xls 00 42 43DAP - BID PROPOSALPage 2 of 6SECTION 00 42 43Developer Awarded Projects - PROPOSAL FORMUNIT PRICE BIDBidder's ApplicationProject Item InformationBidlist Item]No.DescriptionSpecificationSection No.Unit ofMeasureBidQuantityBidder's ProposalUnit PriceBid ValueUNIT II: SANITARY SEWER IMPROVEMENTS1234567891011121314151617181920212223242526272829303132333435363738394041424344453301.0002 Post-CCTV Inspection3301.0101 Manhole Vacuum Testing3305.0109 Trench Safety3305.0202 Imported EmbedmenVBackfill, CSS3305.1003 20" Casing By Open Cut3305.3001 6" Sewer Carrier Pipe3331.4108 6" Sewer Pipe3331.4115 8" Sewer Pipe3339.0001 Epoxy Manhole Liner3339.1001 4'Manhole3339.1002 4' Drop Manhole3339.1003 4'Extra Depth Manhole33 01 3133 01 3033051033051033 05 2233 05 2433111033111033 39 6033 39 10333910333910LFEALFCYLFLFLFLFVFEAEAVF15798157984545151518497145.7TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS]$1.00|$100.001$1.001$90.001$239.001$43.001$43.00|$43.001$385.00]$3,541.081$5,154.501$125.001$1,579.00$800.00$1,579.00$720.00$10,755.00$1,935.00$645.00$65,274.00$18,865.00$24,787.56$5,154.50$5,712.50$137,806.56CITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTSForm Version May 22, 201900 42 43 Bid Proposa[_DAP_Current with Pricos.xls 00 42 43DAP - BID PROPOSALPage 3 of 6SECTION 00 42 43Developer Awarded Projects - PROPOSAL FORMUNIT PRICE BIDBidder's ApplicationProject Item InformationBidlist ItemlNo.123456789101112131415161718192021222324252627282930313233343536373839404142434445DescriptionUNtUllLDRAlNAGi0241.0800 Remove Rip Rap0241.3023 Remove 48" Storm Line0241.4401 Remove Headwall/SET3123.0101 Unclassified Excavation by Plan (Channel)3125.0101 SWPPP S1 acre3137.0104 Medium Stone Riprap, dry3137.0101 Concrete Riprap3291.0100 Topsoil3292.0100 Block Sod Placement3305.0109 Trench Safety3341.0201 21" RCP, Class III3341.0205 24" RCP, Class III3341.0206 24" RCP, Class IV3341.0208 27" RCP, Class III3341.1201 5x3 Box Culvert3341.1402 7x4 Box Culvert3341.1501 8x4 Box Culvert3341.1601 9x4 Box Culvert3341.2002 10x5 Box Culvert3349.0001 4' Storm Junction Box3349.0006 Storm Junction Structure3349.0102 4'Manhole Riser3349.1000 Headwall, Box Culvert3349.1004 27" Flared Headwall, 1 pipe3349.5001 10'Curblnlet3349.5002 15'Curb Inlet3349.7001 4'Droplnlet9999.0001 Custom 20'x10' HeadwallTQTALUNTSpecificationSection No.Unit ofMeasureIMPROVEMENTS0241 130241 140241 1431 23 1631 25 0031 37 0031 37 003291 193292133305103341 103341 103341 103341 103341 103341 103341 103341 103341 1033491033491033491033 49 4033 49 4033 49 2033 49 2033 49 208FLFEACYLSSYSYCYSYLFLFLFLFLFLFLFLFLFLFEAEAEACYEAEAEAEAEABidQuantity2001002232018451024824335242513136411843308273462586140122617411Ill: DRAINAGE IMPROVEMENTSBidder's ProposalUnit Price$2.00|$45.00]$2,922.001$2.50|$750.001$11.001$8.00[$15.001$3.50|$1.001$63.00|$132.001$140.00)$76.001$231.001$412.001$453.001$483.00)$642.001$3,600.001$24,090.001$2,071.001$6,390.161$2,803.001$5,753.001$7,923.001$18,313.001$38,341.001Bid Value$400.00$4,500.00$5,844.00$5,800.00$750.00$9,295.00$816.00$7,230.00$15,172.50$2,425.00$8,253.00$48,048.00$16,520.00$3,268.00$71,148.00$112,476.00$209,286.00$283,038.00$89,880.00$3,600.00$48,180.00$4,142.00$38,340.96$2,803.00$40,271.00$31,692.00$18,313.00$38,341.00$1,119,832.46CITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTSForm Version May 22, 201900 42 43_Bid Proposal_DAP_Current with Prices.xls 00 42 43DAP - BID PROPOSALPage 4 of 6SECTION 00 42 43Developer Awarded Projects - PROPOSAL FORMUNIT PRICE BIDBidder's ApplicationProject Item InformationBidlist Item]No.123456789101112131415161718192021222324252627282930313233343536373839404142434445DescriptionUNIT IV: PAVING3241.1100 Remove Asphalt Pvmt3241.0401 Remove Concrete Drive3123.0103 Borrow by Plan3124.0101 Embankment by Plan3211.0400 HydratedLime3211.0502 8" Lime Treatment3213.0104 9.5" Cone Pvmt (4,000 psi)3213.0301 4" Cone Sidewalk3213.0506 Barrier Free Ramp, Type P-13217.0002 4" SLD Pvmt Marking HAS (Y)3217.0004 4" BRK Pvmt Marking HAS (Y)3217.0202 8" SLD Pvmt Marking HAS (Y)3217.2103 REFL Raised Marker TY II-A-A3291.0100 Topsoil3292.0100 Block Sod Placement3292.0500 Seeding, Soil Retention Blanket3441.4003 Furnish/lnstall Alum Sign Ground Mount CitySpecificationSection No.Unit ofMeasureVIPROVEMENTS0241 150241 1331 23 2331 24 003211 293211 293213133213203213203217233217233217233217233291 1932921332 92 1334 41 30SYSFCYCYTNSYSYSFEALFLFLFEACYSYSYEABidQuantity2449221,8121,2341759702970219166228383216767190454233157TOTAL UNIT IV: PAVING IMPROVEMENTSBidder's ProposalUnit Price$4.00|$0.50|$4.50|$2.00|$157.001$2.50|$58.77|$5.79|$433.001$1.50|$1.50|$3.00|$7.50|$15.00|$3.50|$2.25|$550.001Bid Value$976.00$461.00$8,154.00$2,468.00$27,475.00$24,255.00$570,186.54$110,971.14$866.00$4,257.00$4,824,00$228,00$532.50$13,560.00$18,980.50$708.75$3,850.00$792,753.43CITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTSForm Version May 22, 201900 42 43 Bid Proposal_DAP_Currenl with Frices.ris 00 42 43DAP-BID PROPOSALPage 5 of 6SECTION 00 42 43Developer Awarded Projects - PROPOSAL FORMUNIT PRICE BIDBidder's ApplicationProject Item InformationBidlist Item|No.DescriptionSpecificationSection No.Unit ofMeasureBidQuantityBidder's ProposalUnit PriceBid ValueUNIT V: STREET LIGHTING IMPROVEMENTS1234567891011121314151617181920212223242526272829303132333435363738394041424344452605.0111 Furnish/lnstall Elec Sen/ Pedestal2605.3014 2" CONDT RM (Riser)2605.3015 2" CONDT PVC SCH 80 (T)3441.1409 NO 8 Insulated Etec Condr3441.1501 Ground Box Type B3441.1645 Furnish/install Type 33AArm3441.3003 Rdwy lllum Assmbly TY 18,18A,19, and D-403441.3302 Rdwy lllum Foundation TY 3,5,6, and 826 05 0026 05 3326 05 3334411034411034 41 2034 41 2034 41 20EALFLFLFEAEAEAEA1804570160052262626TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS]$6,570.201$12.001$12.001$1.21|$468.711$350.001$2,195.001$1,400.001$6,570.20$960.00$54,840.00$19,366.05$937.42$9,100.00$57,070.00$36,400.00$185,243.67CITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTSForm Version May 22,201900 42 43_Bid Proposal_DAP_Current with Prices.xls SECTION 00 42 43Developer Awarded Projects - PROPOSAL FORM00 42 43DAP. BID PROPOSALPage 6 of 6UNIT PRICE BIDBidder's ApplicationProject Item InformationBidlist ItemlNo.DescriptionSpecificationSection No.Unit ofMeasureBidQuantityBidder's ProposalUnit PriceBid ValueBid SummaryUNIT I: WATER IMPROVEMENTSUNIT II: SANITARY SEWER IMPROVEMENTSUNIT III: DRAINAGE IMPROVEMENTSUNIT IV: PAVING IMPROVEMENTSUNITY: STREET LIGHTING IMPROVEMENTSTotal Construction Bid$35,961.00$137,806.56$1,119,832.46$792,753.43$185,243.67$2,271,597.12This Bid is submitted by the entity named below:BTODER:Bob Moore Construction, Inc.1110 North Watson RoadArlington, TX 76011BY: Kyle WhitesellTITLElExecutive Vice PresidentDATE:YContractor agrees to complete WORK for FINAL ACCEPTANCE withinCONTRACT commences to run as provided in the General Conditions.120 working days after the date when theEND OF SECTIONCITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTSForm Version May 22, 201900 42 43_Bid Proposal_DAP_Cun-ent with Pnces.xls: Exec.V 12-9-20 0045 12DAP PREQUAL1FICATION STATEMENTPage 1 of 1SECTION 00 45 12DAP - PREQUALIFICATION STATEMENTEach Bidder is required to complete the information below by identifying the prequalified contractorsand/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major WorkType" box provide the complete major work type and actual description as provided by the WaterDepartment for water and sewer and TPW for paving.Major Work TypeWater Distribution,Development, 12-inch diameterand smallerSewer Collection System,Development, 8-inches andsmallerConcrete PavementConstruction/Reconstruction(Less Than 15,000 SY)Roadway and PedestrianLightingContractor/Subcontractor Company NameWright Construction, Inc.Wright Construction, Inc.McMahon ContractingBean ElectricalPrequalificationExpiration Date4-30-214-30-217-1-223-9-23The undersigned hereby certifies that the contractors and/or subcontractors described in the table aboveare currently prequalified for the work types listed.BTODER:Bob Moore Construction, Inc.Ill ON. Watson RoadArlington. Texas 76011BY: KyleWhitesellTITLE: Exec.VPDATE: 2-4-21(Signature)END OF SECTIONCITY OF FORT WORTHSTANDARD CONSTRUCTION PREQUALIFICATION STATEMENT-DEVELOPER AWARDED PROJECTS00 45 12_Prequalification Statement 2015_DAPForm Version September 1, 2015 00 45 26 -1CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAWPage 1 of 21 SECTION 00 45 262 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW34 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it5 provides worker's compensation insurance coverage for all of its employees employed on City6 Project No. 102729. Contractor further certifies that, pursuant to Texas Labor Code, Section7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with8 worker's compensation coverage.910 CONTRACTOR:11 BOB MOORE CONSTRUCTION, INC. KYLE WHITESELL12 _ By:13 Company (Please Print)14 1110 N. WATSON ROAD ^y15 _ Signature:16 Address \17 ARLINGTON, TEXAS 76011 EXEC. VP18 _____ ____ Title:19 City/State/Zip (Please Print)202122 TH ESTATE OF TEXAS §2324 COUNTY OF TARRANT §2526 BEFORE ME, the undersigned authority, on this day personally appeared27 ,' •- , ' • / '' i'. ~, ' • ' \ _, known to me to be the person whose name is28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the29 same as the act and deed of , •'< /' .•'•'^ ' . , -•' :. ; '•''' .-'•' • for the purposes and30 consideration therein expressed and in the capacity therein stated.3132 GIVEN UNDER MY HAND AND SEAL OF OFFICE this _day of33 i • ,:'- . "- _, 2&__.3435aV/ OF FORTWORTH FORT WORTH LOGISITCS HUB & BURLESON CARDINAL ROAD IMPROVEMENTSSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102843Revised April 2, 2014 1234Debra MooreNOTARYPUBUC^EXPH/08/2021hAYNCO%^'57^E.00 45 26 - 2CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION IAWPage 2 of 2/r /-'Notary Public in and for the State of TexasEND OF SECTIONCITT OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTSRevised April 2, 2014FORT WORTH LOGISITCS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS102843 005243-1 Oeveloper Awarcled Prnject Agreement Page 1 of 6 1 2 3 4 5 6 7 8 s SECTlON 00 52 43 A�REEMEN7 TH15 AGREEM�NT, authorized on March 22, 2021, is made by and between the De�eloper, DI Fort Worth Logistics Hub Phase I, LP, authorized to do business in Texas ("peveloper"j , and Bo6 Moore Constructfon, authorized ta da business in Texas, acting by and through its duly authorized representative, ("Contractor"). De�eloper and Contractor, in consideration af the mutuaf covenants hereinafter seY fortf�, agree as foilows: 7.0 Artide 2. WORK 11 12 �.3 14 ss ss 17 1$ 19 20 21 Contractar sha�! com}�fete al! Work as specified ar indicated in the Cantract Documents for the Project identified herein. Articie 2. PROJECF The praject for which tt�e Work �nder the Contract Documents may he the whole or only a part is generally described as foffows: Fort Worth Lo istics Hub & Buraesan Cardi�al Raad Im rovements Cit Pro"ect No,102843 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limi�.s for Milestones, if any, ar�d Final Acceptance as stated in the Cantract �ocuments are o#the esse�ce ta tF�is Contract. 22 3.2 Fina� Acceptan[e. 23 The Work will be compfete for Finaf Acceptance withfn _120 warkirog days after the date 24 when the Contract Tirne comrr►ences #o run as provided ir� ParagrapM �.2.04 of the 25 Standard City ConcEitions of the Construction Contract far Developer Awarded Projects. 25 3.3 Liyu�dated 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 comple#ed wit�in the times specified in CIiY QF FORT WORiH FORT WOR7H ldGI51YC5 HUB & BURI.�SON CAR�INAL RaAU IMPfiOVEMENTS STANDARD CONSTRUCTION SPECIFECATtON DO[UMENTS—DEUELOPERAWARDEO PRO]ECTS Sp2843 Revised June X6, 247,6 US Activelt � 67897341V-3 , I aoszas-z E}eveloper Awarded ProJect Agreement Page 2 ot 6 29 Paragraph 3.2 above, plus any extension thereof ailowed in accordance witF� Article 10 30 of the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Co�tractar also recognizes the delays, expense and diffic�fties involved in 32 pro�ing in a legal proceeding the actual ioss suffered by the �eveloper if the Work is not 33 completed on tirne. Accordingly, instead of requiring any such proof , Contractor agrees 34 that as liquidated da�nages for delay (bui not as a penaltyj, Contractor sha[I pay 35 Developer liquidated damages for each day that expires after the time specified in 36 Paragraph 3.2 for Fina� Acceptance until the City issues the Final Letter of Acceptance, as 37 set forth in the Supplementary Conditions. 38 Ar�icte 4. CONTRACT PRICE 39 De�eloper agrees to pay Contractor for performance o# the Work in accardance with the �#0 Contract bocuments an amount in current funds of tFse sum of (a) the Cost of the Wark (defined 41 in Section 4.2 of the Supp[ementary Conditionsj and (b) a construction fee ("Contractor's Fee") 42 in the amount of three pe�-cent (3°16] of the Cosi of the Work, provided the foregoing sum will 43 not exceed the guaranteed maxirnum price ("GMP"j of 7wa Milfion �wo Hundred Seven#y �ne 44 Thousand Five Hundred REinety SeUen po�lars antf Twelve Cents ($2,271,597.1Z), all as more 45 particularly set forth in the Supplementary Conditions. 45 Article 5. COMTRACT ��CUMENTS 47 5.i CONiENTS: 48 A. The Contract Docurnents which comprise the entire agreement between Developer 49 and Contractor concerning the Work consist of the folfowing: 50 �.. This Agreement. 5� 2. Attachments to thls Agreement: 52 a. Bid Form �As pro�ided by Developer) 53 1) Proposal Form �DAP Version) 54 2} Prequalification Statement 55 3] Stafie and Ferlera! docurnents (projectspeclficJ 56 6. Insurance ACORD Forrn(s) 57 c. Payment Bond (DAP Verslonj 58 d. Performance Bon� (�A� Version) 55 e. Maintenance Bond ��AP Version) qN OF FOk'f WORTFi FORT WORTH LOG1Sf1C5 �IUB & BURLESOfV CAR�INAL ROAfl lMPROVEWfENiS STAkDARO C�NSTRlICf10N SPECIFfCATION DOCl1MENTS— DEVELOPER AWARDED PRQlECTS i0Z843 Revised June 15, 2016 US Active1196793734N� 00 52 43 - 3 developer Awarded Project Agreement Page 3 vf 6 6� f. Power of Attarney for the Bonds 61 g. Worker's Corrtpensation Affida�it 62 h. MBE and/or SBE Commitment Form �If �equiredj 63 3. Sta�dard City 6eneral Conditions of the Construction Contract for De�eloper 64 Awarded Projects. b5 4. 5upplementary �onditfans. fi6 5. Specifications specifica�ly made a part of the Contract Documents by attachment 67 or, i# not attached, as ir�corporated by reference and described i� the Table o# 68 Contents of the Project's Contract �ocuments. 69 6. �rawings. 70 7. Addenda. 71 8. Documentation submitted by Cantractor prior to Not9ce of Award, 72 9. The following which may be deli�ered or iss�ted after the Effective Date of the 73 Agreement and, lf issued, become an incorporated part of the CQn#ract 74 �ocuments: 75 a. Notice to Proceed. 76 b. �ield Orders. 77 c. Change Orders. 78 d. Letter of Final Acceptance. 79 sa CI�Y OF FORT WOR7F! FORT WOIi7H (AGIS7iC5 NUB & B11R1.E50�! [ARDIMAL ROAD 1MpROVEitiAEMTS 57qMDAR� LONSTRUCTIOM SPEClFIfAT10N UOCUMEMT5—DE{/EL�PEfl AWARDE� PROJECiS 3.fl2843 Rev�sed �une 16, �oi5 ElS Active11967937341V� OD52A3-4 Developer Awarded Pro]ett Agreement Page A of 6 81 Article 6. INQ�MI�4FlCATI4N 82 83 84 85 86 $7 88 89 90 9I 92 93 94 95 96 97 98 99 100 3.01 6.1 Corrtractor covenants and agrees to indemnify, f�old harmless and defend, at its own expense, the city, its ofFicers, sen►ants and empioyees, from and against ar�y and all cla�ms arising out of, or alleged ta arise out o#, the work and services to he performed 6y the contractor, its ofFicers, agents, employees, subcontractors, licenses or invitees under tF�is cantract. This indemnifcation aravision is specificalf�ntended to ouerate and be effective e�en _if it is al�e�ed ar �ro+ren that all or some of the da�es bein�sou�ht were caused in whole or in art b an act omEsslon or ne if ence of the c� . 7his inde�nnity prar►is�on is intended to include, urithaut limitation, indemnity for casts, exp�nses and legal feeS Encurred by t�e city in defending against such claims and causes of act�ons. 6.2 Contractar co�enants and agrees to indemnffy and hald harmless, at its own expertse, tf�e city, its nfficers, servants and employees, from and against ar�y and al! loss, damage or destruction of property of the ci#y, arising out of, or alleged io arise out o#, the work and services ta be perforr�ed by the cantractor, i#s officers, agents, ernployees, subcontractors, licensees or in�itees under this contract. This indemni�cation rn�ision is specificallV intended to operate and be effective e�en if it is alle�ed or nroven that a11 or same o# the damages being sau�ht were ca�sed, in_whole or�art�_b� an� act, omission or ne�iisence of the citv. 102 Article 7. MlSCE�LAM1IEOUS 103 7,1 Terms. 104 i'er�s used in thls Agreement are cfefined in Article 1 of the Standard City Conditions af 105 the Construction Contract for Develo�er Awarded Projects. 106 7.2 Assignment of Contract. 107 This Agreement, incfuding all of the Contract Documents rnay not be assigned by the 108 Contractor wEthaut the acf�anced express written consent o# the Developer. �.a9 7.3 Successors and Assigns. 11D Developer anc! Contractor each binds itself, its partners, success4rs, assigns antE legai 111 representatives to the other parry hereto, in respect to af! couenan#s, agreements and 1A2 ohligations cantained in the Contract Documents. CITY OF FORT WORTH FORT WORFN IAGI5TIC5 IiUB & BUitI.ESON CARQIIVAI. ROpD {MPROVEE�AENTS STANDARD CONSTRUCTION SPE[IFI[A710�f QOCUMENTS — DEVELOPER AWARDEO PROJECTS 1�2843 Revised Juna 16, 2016 US Activel'i 1fi7937341V-3 aosza3-s aeveioper Awarded Projett Agreement Page 5 of 6 ii3 7.4 Severability. 114 Any pravision or part of the Cantract Documents held to be unconstitutional, void or 115 unenfdreeable hy a caurt of com�etent jurisdictian shalf �e deemed stric[cen, and all 116 remaining pro�isions shall continue to be valid and binding lipon D�VELOPER and 117 CON7RACTOR. 118 7.5 Governing L.aw and Ve�ue. 119 This Agreement, including all of the Contratt Dacurnents is performabfe in the State of 120 Texas. Venue shall be Tarrant County, 'Fexas, or the EJnited States District Court for the 121 Northern District of 7exas, �ort Worth Division. 122 12� 124 1�5 126 �27 128 129 130 131 132 133 134 135 136 137 138 139 1�40 7.6 Authority ta Sign. Contractor shall attach evidence af authority to sign Agreement, if other than duly authorized signatory of the Cont�'actor. IN WIiNESS WHER�OF', De�eloper and Contractor ha�e executed this Agreement in multipEe counterparts. it�is Agreernent is efFective as af the iast date sigr�ed by the Parties ("Effective Date"j. Cl7Y OF FOkT WORTH F�RT WORTH LOGISTics HlfB Si Bl1CtLE54N CAltpINAI RDAD 1MPROVEMEIdTS STANDAR� CQNSTRUCffOlV SPECIFICA710P) DOCUMENTS— DEV�tOPER AWARDED PROJECTS 102843 Revised June 16, 2b16 U5 Acfiveli 187937341V-3 aos�4a-6 Developer Awarded Project Agraement Page 6 af 6 Contractor: Bob Moore Construction De�eloper: DI Fort Worth Logistics Ffub Phase f, LP By: ViCO Texas Investments, LLC, its General Partner . By� By: (signature) (Signature) / �� ��� ,� Da�id N. � , 141 ;,.,..��� � amej Title: �"���' ��% G / Cornpany Mame: Bob Alfoore Construction Att�ntion: Kyle Whltesell City/5tate%1ip: Arlington, TX 76011 March 22, 2021 date , :.�� . Title: Manager Cam�a�y name: RI For� Worth E.ogRstics �Eub Phase I, LP Address: c/Q Van7rust Real Estate, L�C Attention: pa�id Blanton City/5tate%Zip: Frisco, TX 75034 March 22, 2021 pa#e CI7Y OF FORT WORTH FORT WORTIi lOGISTICS HUB & BURLESON CAR�INAL ROAD IMPROVEMEPITS STANDAFiD CONSTRUCTION SPEClFICATIflN UOCIJMENTS— DEVELOPER AWARDED PftOJECfS 102843 Revtsed June 16, 201fi U5 Ac6ve11767937341V-3 SUPPLEMENTARY CONDTT�ONS TO SECTION 00 52 43 AGREEMF.N'I' THES� SUPPLEMENTARY CONDITIONS TO SECTION QU 52 32 AGREEMENT ("Su le�entar Terms") are attached to that certain 5ection 00 52 43 Agreement {callectively with the Supplementary Teams, the "Contract"} dated as of March 22, 202I (the "I;ffect[ve Date"), by and bel�veen Sob Moore Consiruction, a Texas Corpora#�on ("Contractor"}, and DI Fort Worth I.ogistics Hub Pi�ase I, LP, a Texas L'united Paa�tnership ("Owner" and/or "Develoner"). BACKGROUND Ownez• desixes ta hu�e Gontractor ta design and buiId the IYRC work adjacent to Fort Worth Lpgistics Hub Phase 1(the "Praiect") on or about real prpperty located at the Narthwest Corner of Risinger Road and I-3SW in Fort Worth, '1'exas, as descitibed on Fxhibit "A" ("Proiect Site"). AGREEM�NT Contractor and Owner agree as follows: CONTRACT DOCLTMENTS. l.l i°Contract Documents" cnnsist of (a) tk�is C;antcact and the �xhibits {defned isi Section 16.I); (b) 1'reliminary Design Documents (defined in Section 2.2.1), (c) Plans aud Specifications (defined in Section 2.2,3); and (d} Change �rders (defined in Section 6.1}. In tlte e�ent of any conflicts between or within the Contract Documents, tl�e larger quantity and higher quality, ss applicable, sha11 govern. A dupiication of Work is not intended by the Contx'act Documents, and aay duplications speci�ed shatl not become ttte basis for extra cost to Owner. Tkte racauiraments of Applicable Laws shaI1 take precedence o�er any conflicting or inconsistent pro�isions of the Cantract Documents, except to the extent such �equir�ments are speci�ically wai�ed in the Cont�•act and such wait+er is authorized undei• sucl� AppIicable Laws. 1.2 In tlte event of any conflict between tl�ese Supplementary Terms and tlte terms and conditians of the Secison 00 52 43 Agreement ta whic3x these Supplementary Tenns are attached, the pLbvisian providing the rnore extensive coverage and rights of Owner and the more extensive obligations of Cont�actar shail apply. 2. C�NTRACTOR'S OBLiGATIONS. 2,1 5ec� e o�, Contractor will turn�sh, or cause to be fwnished, the ia6or, material, equipmen#, tools, and constxuction seivices necessary to constrvct the Project in accordance wiih the Cont��ct Documents, including without limitation the Design Seivices, as deivzed heiow, as weit as special inspections and material testing (the "Work"), and in colnpiiance with all laws, building codes, regnlations and wning ordinances applicable to the Work and tl�at certain Standard Cnmmunity Faciliiies Agreemant between the City and Owner (callecti�ely, "ApnliCable I.aw'�. 2.2. Desi�n Sexvices. Contractor will cause to be provided alI design and engineering services includs�ag, but not limited to, arclutectural, int�rior design, corle campIiance, ligl�ting, iow- vo�tage systems, acouatical, fire protectioq enclosure, structut�a�, civil, rnechanicxl, electrical, and piumbing {"Desi�t Services") required to prepare the Preli�ninary Design Dacu�nents and P1ans and Speci�ications hy one ar more connpete�tt duly-licensed design professionals reasonably selected by Owner but ditectiy engaged by Conkractor as Subcont�actors {collectively, the "Design Professfanala"). Contractox rviil cause the Design Professionals io manage the Design Seivices, consult with the Ow�nea•, research appiicable design criteria, attend Project meetings, co�unicate rrvith members of the Project ��,. nau osn�ayzo 1� P a g e US Activell i 688335R1V-5 team and report progress to the Owner. Contractor wi�I also cause the Design Professianals to visit tiie Project Site at intervals appropriate to the stage of aonstnxction, or as otherwise required herein, but npt less fi�equently than mantt�ly unless otl;erwise agreed in wz'iting by the Owrier, fa beco�ne generalty famiiiar with the �rogi�ess and quality of the portion of the Woxk comp�eted, to endeavo�� ta guard the Qwner agair►st deFects and deficiencies in the Wor�, and to determine, if tl�e Wotk is being performed in accordance with the ConU'act Documents. Such Design �rafessional shall make sufficient on-site visits to perform the construction observa�ian services requireci hereundez' in a prudent professional rnanner, which may require more frequent site visits at times of critical installations and stich �isits are included in the Work. Cont+'actor shall cause such Design Professionals to be availabfe ta answer questions and prepare sketches far clsrification expeditiously, so as not to unrea�onably interrupt the flo�uv of worlc. Notwithstanding anything to the cantraxy, on ttte basis of the siie visits, the Design Prafessionals shall keep tlte C}wner reasonably informed about the pm�ess and quality of the portion of the Work completed, and immediateIy report to the Owner and Coniractor in uniting (1) laxov�nt deviations from� the Contraet Documents and from the Schedule, aud {2} defeeis and deficiencies observed in tha Work, and tlae faiIure to tiinely cio so may cause Ehe Ow�er harm. 2,2,] Preliminaiy Desi�.n Documanls. Contractor slzatl review Owner's general requireinents for the Project with Owner, including, withaut liinitation, those requirements set forth on Bxhibit "I" attached hereto and made a part hereaf, and shall �rppose alternate approaches to design and construction of die Project. Owner and Cont��actor shall tl�en agree as ta the i�equirements of tlie Project, and thereafiter Contractor shall prepare, far appraval by Ounier, schematic design documents consisting of drawings and other prelimina�y doc�unents iilustrat�ing the scale and relationship of the Project's components. Such drawings and docu�ilents, as approved by Owner, shall constitutc tlae "Prefiminary Desi�n Dacuments" hereunder and are more specifically described on Exhibit "C" attached hereto and made a pai�t hej�eof. 2.2.2 DesiEn Development Documents. �3ased on the approvcd Preliminary Design Documeiits, and any adjusf�nents aut�iorized by Owner in �e Pro,�ect requu•cments, Contractor shalt prapare (or cause ona of iis Design Professionals to prepare), fox approvai by Owner, design development documents (t1�e "Desi n DeveIo rnent Documenfs"), consisting of d�^awings and other documents to fix and describe ihe size at�d character of the entue Project as to architecturat, stxuctural, mechanical and electrical systems, materials and such other elements as may be appropriate. 2.2,3 PIans and Speci�icaiions. Based on the approved Design Developmenf Documents, Conlxactor wil� cause its Design Frofessi.anals to prepare �or Owner's approval �nal plans and specifications fnx the Work (the "Plans and Sneci�cations"), in detaii suffcient to enabie txade cont�'actars and suppliers to bid tl�eir respective portians of the Work {as �.erein de�t�ed}, to obtain the requisite bui�ding, construction aad engineering approvals at�d permits from the applicable govet�xunental authority autttorizing the Work, and ta enable worlcmen of ordinary s�cill to oonstruct the Work. The Design Prafessional pi�eparing the Plans and Specifications is referred to in this Contract as the "Architect of Reco�'d'°, ar"En 'neer of Recor� °' Fn preparing the Plans and Speci�ica#ians, Cantractor will consult with Own�r #o keep �vvncr apprised of the staius of pi�paration of the Plans and Speci�'ications and review any rtnateriai deviations from the Preliminary Desipn Documents. Upon coinpleYaon of the Plans and Specificat�ons, Contractor wi31 present their� Eo Owner far approval. Owner will respond, within the time period shawn an the Schedale, and either approve or tlisapprove the Plans and 9peci%cations. If Owner disapproves the Plans and Specifi�ations, in whale or � part, Uwner wili provide Con�i�actar with written detailed reasons for its disapproval, and Cantractor will revise and resubmit the Plans and Specifications to Owner for approval. When the �lans and Specifications are completed and approved by Ownex, the Plans and Specifications will supersede the P�'elirninary Design Doc�unents, axcept as io nan-canst�'uction matters, suci� as ai�owances and exclusians nat expressly a�dressed i�. the Plans and Specificatians. Cantractor shaU. causa the Plans and Speci�ications, when Ftet�, pate 06May20 2 I P a g e YJS Aclive11I66933581V-5 co�pleted, to conform to Applicable Law. Contractox- will deliver to Owner two (2) printed sets of the Plxns xnd Specifca�ions. CAnusc#or will also provide Owner with electronic versions {in partable document and saur�ce foiznat) of the Plans and Specifications if requested by Owner, Owner and Contractor shail in good faith review and approve (or disappro�e), process an� perform any ob�igation ptusuant to this Contract concerning the appinval of the PreIimmary Design Docum�nts, tbe Plans and Speci�cations or Cbange Orders or concerning the per%r�mance oi the Work with a1F due diligence and reasonable specd, including, without lixnitakion, apgrovaFs, reviews, shop drawings, Change Orders, Subcontractor bids, value engineering, and inspectians, with the objective of faciIitating the performance of t{ie Work as quickly as reasonabty possible. Cantractor sl�aIl cause the Architect of Record to carefully review and check the Plans and Specifications for the Projeet including coordination review so t,�at (1) the P�ans and Specifeations comply wi#h alI Applicable Laws, (2) all design elements reguired for tF�e use and occupancy oi the �xoject (whether preparcd by the Architeci of Record, other Design ��-ofessionaIs, or ather Subcontractors}, havc been includea in the �lans and Specifications, and (3) the Plaus and Specifications are coordinated and consistent, 2.2.4 Record Drawines. "Reeard Dra�in�s" are the gra.pliic amd pictorial designs of tl�e Work si�owing in reasonable deiail any material variation from the Flans and Specificat�ons, docurncntcd as the appro�ed Play�s and Specifications, rrAarked to zecord �eld changes. The Record Drawings shall be coi-��plete, including all design sheets of a11 trades and discipIii�es, even ii tisere are no cb.angcs oz' deviations to the Plans and 5pecificatians. 2.2.5 4wnership, Use a.r�d Assi�nment af Plaiis and Specifications. Anyti�ing in this Contract ta the contYary notwithstanding, the design doouments desc�ybea above, including, witl�out Iimitatian, the Prelitninazy Design Docnments, the Plans and Specificatians, the Record Urawings and all other Contract Documents, incIuding, without limitation reports, surveys, and electranic vc�rssions of the s�me, prepared by or for Cont�actar for th.e Project, bnt expressIy exc�ud'uig ihis Cantxact, are and sha11 remain Owner's property, and a11 contracts between Contractor and the Design ProfessionaFs shall so provide. Neitl�er Contractor nox any Subcontractor shall own or claim a copyright in any such items, and Owner shali retain alI coznmon law, statutory ancf otl�er resetved rights, in addi�ion to the copyright, Contractor an� Subcantractnrs are hei�eby granted by Owner a limited iicense to use and teproduce applicable portions of the Contract Documents and other docurnents appropriate tn and for use in the axecution af their partion of tk�e Work unc�er the Cqntract ll�cume:nts. Coniractor acknowledges and agrees that Oramer may collatet'ally assign its rigl�t, titIe and inierests in and to the Preluninary Design Docutnienfs, the Plans and Specifications, tUe Record Drawings and the otller Contract DacEux�ents to :its construction lender for khe Pro�ect, and upon any sale or other transfer of ownership of the Project, Owner rnay, withaut the consent of Contractar or any of its Design Professionals assign Owner's right, title anci interest in the Preliminary Design Dacuments, the Flans at�d Specificatia�s and the Record Drawings to the party acquiring the Project. 2.3 Other Desi� Build �bligations. 2.3.1 Avvrovals. Contractor will app�y for, ob#ain, mair�tain, and comply with a1I permits, Iicenses, consents, gavernmental and qua�i-governmental approvals required €ar the Work, inclading governmental approval of the Plans and Specifications, btulding permits and Subcantractor (as defined he�rein) �ade pern�zts, and Conti�actor st�aFl pay directly ta the appIicable governmental authariry alI goverrunental fees and costs of licenses and pernuts unless specifical�y excluded in Exhibit "U". Rev. n�� o�r�yzo 3 j P a g e C15 Aeu�e11 i66$33581Y-5 2.3.2 Supervision and Consttuction Procediue. Contractar will supervise, direct, and ooardinate �e W ork and will determine all consixuctian means, methods, techniques, sequenccs and procedures far the Work, except as otherwise provided in tkte Conhact Documents. Coniractor shall ennploy a campetent superintendent who shalI be irt attendance at ttae Pro,}ect SiEe at alI reasonable times during the progress of the Work. Contractor shali be responsible #o �wner far the acts and omissions of all of its �mployees, all Subconiractors, all sub-subcont��actors of any t�er, their agents and employees, and a�I otlxea- persons perfozming any of the Wark. All Work that is incoxnplete, or u�.coordin�ted, or r�hich fails to camply with tlie Contract Docum.ents shall be remo�ed anci/or corrected by Contractor subject to and in accordance with the conditions and limitations of ihis Contract. If Contractor fails to correct the Work afiez- receiving thirty (30) days' notice froFn Owiier that the Work is ineomplete, tu�coordinated ar £ails to comply with the Contract Docaments, Ownex• reserves the �ight to co�•eci ihe Work with zts own forces rn• another contractar, upon and subject to the conditians and limitations set forth in this Contract, and �e Contract Sum (as l�erein defined) shall be reduced by Change �rder by the amount of the cost of such correcti�e work, 2.3,3 Subconiractoz�s. Except as provided under Section 2,3.5 hereof with respect to Self Perform�ed Work (as defned below}, Contractor shall engage duly-Iicensed a��chitects and engineers, cansultants, suppliers, and subcontractars to perfoi7n all or portsons of die Work (including Design Services) (collectivety, "Suhcantractoi•s"). AIl of r,�e Work shaIl be awarded to qualified Subcontractots pursuant to a competstive bidding p:rocess conduc�d in accordance with the provisions of Exhibit "H". and Contr•actor will use th�c Subcnntractoz� bidding process described on Exhibit "H" in connection with subcontract bidding of all categ�ries of the Work. Cantractor shalI mansge the bidding process for flie Work in accordancc with Fxhibit "H", inciuding development of bid packages, prepa�'ing a bid packagizzg plan fo;• each component of the Work, with a list of pre-qualified Subcontractors identi�ed by Condractar. As pa�t of that effo�-� Conti^actor shal! be responsihle for ensuring that (a) the Work of the Subcontracto�s is coordinated, including management of all post-bid adjustments, (b} atl requuements far the WorFc have been assigned ta the appropriate separate trade, (cj the ]ikelihood of jurisdictional disputes has been reasonably minimized, and (d} proper coordiiiation has been provided for phased construct�on. �winer and Contractor shall in gaad fazth revievv and appro�e (or disappzove), process and pari'arin any ob�igation pursuant to Exhibit "H" concerning preparation of pre-qualified criteria, review, approval, xeJection a� rebidding of subcontract bids and other obligations hereunder, witl� all due difigence and reasonable speed, with the ohjective of facilitating the award of aIl ��equired subcqnh�acts as quickly as reasonably possible. 2.3.4 Subeontrac#s. Except as may otherwise be approved in wt�ting by Uwner, Contractor sha11 cause every Suhcontractor to enter in#o a subcona�act suhstantially in tlte %irn appraved by Owner in writing from time to time. In each subcontract, Con#��actor sl�ai� requi�e each Subcontractor, to the extent of the Work perfarmed by snch Suhcontractor, ta be bound to tlie Conla�actor hy the te�ns of the Contract Documents and assuine all af the duties taward Contractor d�at Cont�actor awes to Qwner ursder tl�e Contract Documents, to the extent of tlae Work pe�-�ornaed by such Subcontractor. Conh•actor hereby grants, �ransfers and assigns to Owner al1 the rights, title and interest of Contractor in, to and under any and a�I subcontracts, which are now or hereafter entered into by Contractor in connection with the performanae of the Work. The foregoing assignrnent shall be con�i�ioned and effective upon any termination of this Contract and Owner's election to assume such subcontract(s}. Owner may elect to assume one or more, none, or all af the subcontracts in Owner's soIe discaretioz�. Owzaer may reassigrt such subcontracts to anotl�er general contractor or any other person or entity, and such assignee maq exercise Contractor's rights in the subcontracts. ConEractor shatl not assign any right, title ar interest in or to any subconh�acts (including, without limitation, any col�ateral assignments as sec�ity for any ob�igafians of Con#ractor) to anyone other than Owner, and any such assignment shall be nttll and void and of na force or ef%ct. Contractor agrees that each suhcantract entered into by Contractor izx connection with Che Work shall contain the consent o£ each Subcontractor to the faregoing assigt�nent, R�. na� a�ayzo 4 � P:� g e US Activell l fifi8335$1V-5 which shall include the Subcontractor Assignment Provision attached hereto as Exhihit "R", and the agreement of each such Subeontractor that, upon writter� notice from Owrier of the occurrence of the termination of this Cnntract and the exe�rcise by Owner of its rights under this Section 2.3.4 applicable to the materials, eqtzipment or services being furnished by such Subcontractor, such Subcontractor as so requested by Owner shall continue ta perform alI of such party`s obligations, covenants arid agreernents under Subeontractar's s�bcont�act wif.b� Contractor far the benefit of �er. In consideration of such co�sent and undertaking by a Sub�ontractor, 4wner hereby agrees ihat if Owner elects to exercise its righ#s under this Section 2.3.4 to have a 5ubcontractox• continue to perForm its snbaantract with Contractor, notwit�istanding the terminat�an of this Cant�-act, Owner sha.11: (a) pay sueh 5ubcontractar in accordance with the terms and provisions of such subcontract for all se�vices, materials, supplies or eyuiprnent previously furnished to Coniractvr in accardance with such subcontract ar otherwise thereafter fu�nished to Owner in accardance with such subconiract, but only to the ex#ent not previously paid by Owner to Contractar frn such subcantr'act in accaedance with the texms and conditions nf thia Contract; and (b) assuune all of Cout�•actor's duties and obligahoiis arising under such Subcontractor's subconfract after the date of assumption by Owner. Additiamal�y, all such subconfracts shatl acknowledge Owner as a third parEy bene�ciary of such contracts, tiius enti�ling Owner to enforce a11 of Contractor's rights and ab�igations t�tereunder {subject ta the terms therein), and furthcr aoknowtedge that Owner does not assume, nor shall Owner be liable far, any debts, promises, or ot�er obligations owed hy Contractor under such agreement by virtue of Owner's tlaird-parly beneficia�y status and/or exercise of its third-party beneficiary rigIits. Contractor shalt cause each subconh'act tn incoipoi�ate all of the terms set fortli in this Section 2.3,4. 23.5 Self-Performed Work. Contractor, or its afriliates, shall he permitted to bid to underiake alI or any portion of the Wark ("Self-�erformed Wark") only with Ow��er's prior written approvai. Any such Wo�`k shall be subject to the bidding procedures and restrictions set farth in this Section 2.3.5. (a) Contractor, or its affiliatcs, shall be pei7nitted to submit a sealed bid for such Self PeF�formed Woxic pursuant ta the competitive biddi�.g procedures applicable to al] bidders; provided, l�owever, that Contrac#or or its affiliatcs must submit its hid for SeI%Pei%rmed Work one (I) day before the deadline for other bidders to subznit their bids. In such instance, the openuig, review and advice wiCli respect to award and/ar re�ectian of such bids shal! he managed by the Owner. In such instances, ttze folfowing requiremenis shall �Iso apply: (i} if Cos�tracior, or its affiiiates, desire to bid on Self Perfonned Work, then Contractor, or its affiliates, shall revsew snch Work (including the bid packaging plan} with Owner prior to fmalizitig the bid pacicage; (i.i) if less khan iwo otl�er bids fi•om responsible bidders are submitted for SeIf Performed Work, Owner, at its optioxi, msy disyualify Con#ractor, or its affiliates, from award of tUe bi.d for Self-Performed Work and, in Owner's discretion, may cause the bid package wi�th respect ta the Sclf-Performed Work ta be rehid; {iii} Contractor shall not participate zu the analysis andlor recorYuncndatians with respect to the award of the subcontract for any Self Perfo��rn�d Work, and all inquiries shall be forwardad to the Owner; (i�) Cantractor shall not be permitted to use constn�ction cantingcncy line items for SeIf-�erfonned Wark; and (v) the solicitation for bids an Self-Perfornned Work shall specifcally state t�at Cantractor, or its affiliates, shall have the rigi�t to submit a sesied bid on Self- Pcrformed Wark. Cantractor shall promptly disclose ta Owner in writing its affitiation with any bidder ar an�icipated hiddex. (b} Tf the foxegaing procedures are not st�ictlq followed, fihen Owner shaIl have the right ta raject Che bid af Cantractor or its aff liates for Self-Performed Work. In additian, if the bid by Conit'actor or its affiliates €or any Self-Perfomaed Wark is higher than the mast recent estimate of the Cost of tlie Work for such Self-Performed Wark, as af the day before the applicable bid opening, then Owner shall have the right to reject Contractor`s, or its affiliate's, bid. Rev. Date 06Msy2U 5 j� a�� U5 Active1lI66833581V-5 2.3.6 Documents at the Pro'ect 5ite. Cantractor will maintain al the Project Site, a copy of the Change Orders and ane record copy of the Record Drawings. 2.3.7 Safety Preca.utions. Coniractor shali talce reasonable prec�utions for the safety of all persons participa#ing irt the Work, and Contractor will comply with Applicab�e Law to protect against accidents ar snjuty to persons on or about the Project Site. Contraclor v+�ill erect and maintain, at a!l times as required hy the conditions and pxngress o� the Wozk, reasanable safeguards for the proiec�ion of Iabarers and the puhlic. 2.3.8 Owner's Access for Inspections sind..Installations. Owner shall at all times have access to the Project Site, including the Work, whether on or off the Project Szte, ^whene�er it is in preparation or progress, and Contractor shall permit and facilitate inspectian of the Work by Owner, subject to ax�d in accordance with the conditions and limitations set forth hesein. Ownei' or its contractors may pe:rfaz'm work {"Owner's Seuarate Work") at the Project Site that is separate from the Work, A description of Ownex's Separate Work, if any, is sei forth in Bxluhit "E". Conh�actor will pmvide Owncr with reasonab�e access to the Work prior to Substantial Completion (defined in Section 3.2) ta perfann Ov�mer's Separate Work, subject to and in accordance with the conditions an$ lirnitations set forth herein. In addi�i�on, if requested by �wner and if Cont�actor deteiYnines it is reasonably practical, Contractor will provide Ownex' with reasonable access to the Worlc pi�ar to Substantia� Completian fo allow Owner to install Ownea-'s fuenit�ue, fixtui�es, equipment, and peisonal pz�operty. As a precondition to Owner's riglrt ko access the Wor�C, �wner will ineet witl� Cont�'actar to coordinate Owner's access. U}�on the estabiislunent of rnutuaily agreeable guidelines for Uwner's access, Owner insy access the applicable portion of the Wnrk, subject to Ownez's caznpliance witY� the mvtually agreeablc g�.idelines and tlze safety pratocois, restnictions and otlser limitations establislled by Contractor. Owner will not interfere with or delay the eompletion of the Work (including causing any labor disputes}, Owner w�lj be respansible for all damage to the Work and a!1 casts and expenses atl�7butaUle to rnaterial delays or other demonstrable material and adverse impacts on the Work (iilcluding Design Services} to the extent osused by Owner's access to th� Work. The Cantract Time and GMP will be adjusted to rcflcct the net impact to the criticaZ path of the Schednle of any delays, to tk�e extent resulting from Owner's access to or inspectian of the Work and the adjustrzaent wiiI be set forth in a CI�ange Order. Hower+cr, if Owner's inspectians identify any deficieneies in tJie Woxk vc�hich require further investigation or car�ective action, no Cont�ract Time ar GMP adjustment will be allowed. 2,3.9 Clean Up. Confractor, at aIl times, shail keep the Project Site free fraxn accurnulation af waste xrtaterials or rabbish caused by its operations or the Work. Lipoa S�bstantial Cannpletion (defined in Section 3,2), Contractor vvil! remove its material.s, equipment, and toals from the Project Site, except tt►ose necessary to co�►plete Punch List Items (defined in Section 3.2). Areas made unclean by com.plet�on of Punch List Items wilF �Se eleaned by Contraetor upon eompletion af the P�tnch List Iterns. Contractpr will leave thc Wark in a"broom-clean" condition, or its equivalent, except as otherwise may be specified in the Cont��act Docurnents. If Contz'aetar fails to clean up, �wner may do sa and the cast thereof shall 6e chsrged to Contractar, TIME OF COMPLE'I'�ON. 3.1 Date of Commencement. Contractor will commence the Work promptly following the receipt of Owner's wri#ken notice to proceed ("No�ce to Proteed'� with the Work and will diligently proceed with the Work to completion. 3.2 Schedule. Tt�e preliminary schedule for the Work (incIuding Design Sarvices) is attached as Ex3�ibit "B" ("Pref�minary Schedule"). The final schedtsle {"Schedule") shaTl he prepared in aceordance with tl�e provisions set forth in Exhihit "I". The Schedule may only he changed by Change Rev. Date 06Ma�0 6 P a a� US A�tive111b6833581V-5 Order Qr C:anstruction Change D�rective issued by Owner {"CCD"), ar as may be pro�vided in F�hibit "J" attached hereta. The Schedule shall be upda#ed at appropriate intervals as required herein to reflect actual conditions and progress of the Work and Projeat Fo�• the avoidance of any doubt, such Schedule updates da nat canstitute an arnendment ar modification of the approved Scfledula unless such chan.ge is autE�orized by Owner in writing pursuant to a valid Change Ordex or CCD. The Work (inciudzng Design Se.rvices} will be performed in accordance with the Scheduie, subject only to Excused Delays (deiined in Section 3.4), Change Orders, and other adjustments allowed by tlie Contract Documents. Sub�ect to Excused Delays, Contractor will Substantially Cotnplete the Work by April S, 2022 (the "Con#ract Ttime"). "Substantial Comnletion" or "Substant�aIl� Comuiete" means: (a) the Work (or applicable portion t�ereo fl is completed so tha# the Project ca�� be utilized substantially for its intended puzpose, with only Punch I�ist items remaining, and such use is permitted by the gavenaing sutharities by the issuance and deliveay to Owner of a certificate of occupancy (ox local eqe�ivalent); (b) Contractar hss delivered to Owner completion eeifificatas it� t.�e forms attached as E�thibit "G"; and {c) Contt•actor has delivered three (3) printed sets and one re�'oducible electronic set of tlze Recard Drawings. "Funch List Yfems" are mit�or incomplete or defective portions of the Work that do not materially interfere with occupancy or normal business opera�ions intended wit�un khe Project. Punch List Items shall be included on the iist ("Puneh List") prepaied jointly by �wner and Contractor after a v�ralktlnnugh of the P�oject when the Work is Substantially Complete, which Punch List sha11 identify a reasonable deadline by which esch Punch �.ist Item will be completed. Contractar will corx►plete the Punch List Items within such deadlines set forth in the Punch List, or in the absence of a deadline, within thirty {30} days following creation af the Punch List, subject to Excused Delays. 3.3 Progress Reports. Contracipr wilI cause the Architect of Record to pei�iodically visit the Project Site to generally observe the progress of �e Work. Cont��actar shal� prepare progress reports in a form, in sufficient detail, frequency, and of � character ��easanaUly approved by Owner and Ownei's len�er, if any, far the Project. The progress repart shatl include the �Smvisions set forth in Exhibit "F", and shall specify, among other things, an esti�nated percentage of cornpletion, whether the Project is on scheduls, and if not, the reasans therefor and die new schedule, as wel� as the number of man-days worked for each category af labor and the projected Work to be completed in tite next succeeding month. Accompanying the progress rep�rl shall be a lis#ing and the status af aLI Change Ordcrs at�d, if required, a proposed updated 5chedule, w�tich shall be subject to Owner's review and reasonable written approval. Contractor shall prepare such additional reports as Owner or Owner's lende�• for the Project, if any, may reasonably z�quest. Conlractoi• shall hold progress meetings at the Project Site, and shall provide Owner with updates of such ineetings when reqnested by Owner. Progress of �e Warlc shall be reported in detail with reference to the Schedule, Each interested Subcontractor shall ha�e present a cornpetent representative at each progress meeting ta report the condition of i#s work and to receive informatian. Additio�ally, Contractor shall prepare and keep current, for Owaer's review, a schedule of submittaLs which shall be coordinated with the Schedule and allow Owner reasonable �ime to review submitials. 3.4 Excused Delay. If the Work is delayed by an Excused Delay, then the Cantract Time vviI! be extended for a period equivalent to the negativc net iznpact to the critical path for the progress of the VVark attributable to the Excused Delay, and thc GMP will be adjusted to account for the additional costs incurred by Can�ractor as a resuFt of the Excused Delay, if any, which such adjustments will be set forth in a Cl�ange �rdex'. T'he followiug reason�s are indi�idually refe�-ed to as au "Excused Dela °' and generally as "Excused Delays": (a) an act or naglect af Owner, including dwner's Separate Worlc; {b) fu-e, explosion, catastrophe, accident, or other casualty; (c) strikes, lock-outs, or boycotts; (d) embargoes or nalianal shortages of energy or fizel; (e) adverse weather conditions that are abnoz�x�al in intensity or duxation, and which (i) Contractor damonstrates to the Owner's reasonable saiisfaction w3i11, in fact, cause a"critica� path�" delay and (ii} cannot reasonably be expected and which exceed the anticipated adverse weather delays more spccifically provided for on Exhibit "P'; provided, however, rain or any other weather conditian of a typicaI duratian, freqvency or amount shalI nnt constiiute an Excused Delay; ( fl Rev. Date 06i�Ia}�0 7 �� 8 g� US Activelli(6833581V 5 riots, ir�surrection, terrorisin, war (declared or undeclared) or o�er armed conf�ict; or (g) Unfa�reseen Conditians (defined in Section 7,1 }, All claims of Excased Delay shall be made, in writing, to Owner not more than ten (10) days after the first acausrence of the event giving iise to suclj delay, tirne being of the essence with respect thereto, and such notice shall include Contractor's estimate of the probable effect of sucl� Excused Delay on the Contract Time and the GMP. AacordangIy, na course of conduct or dealings between the parties sha31 be tb;e basis far any claim for an extensiou of the Conh�act Time, or inclusion of anq costs relating thereta in the Cost of the Wark, by reasu� af the occurrence of an Excused Delsy, exeept in the event that Contractor provided Owner writte�a n��ice of the puiported Excused Delay wzthin ten {10) days after the occurrence of t�►e event giving r�se to such delay. Goniractor shall bc a.11awed its increased costs for extra costs arising out af Excused Delays as evidenced by a Change Order. Conb•aetor will use reasonable effarks to minimize the efFect of any Excused Delay and, if r�uested by Owner, will propase measures to mitigate the effect on the Schcdule, Contract Time and GMF of any Exaused Deiay. Owner aud Cantractor acknowledge and agree that ariy and all "float" shall "belong" to the Project, and shall be applied in the best iunteres! o� the Project. All delays must be fully demonstra#ed with a cri�ical path anatysis as required in Bxhibit "T'. Deiays caused by (i) the unavailability of, or general shortages with xespect to, labor, skilled or otherwise (u.niess such unavailability results from a labar st�ike not speeific to tl�e Project), or {ii) the negligence, fault, b��each ox- default by Contigetor, its 5ubcontractors or any sub-subconhactors, ox- anyone else for wham they are legally x�espansible, including tivithout limitat�on, defective or otlierwise non-canfoiming Work, shall not constitute an Excused Delay. 3.5. ,I_,�uidated Dama es. Conixactor acicnowledges ai�d agrees that timely completion of the Work is the essence of t�ae Contract Dacmneiits. Specifically, Contracfor acknowledges tliat Owr�er will incur substantial dainages if �l�e Work is not coinpleted within the Contract Time. A;tnoi�g othe�• things, Conh�ctor acknowledges that in such event �wner wil] incur additional financing costs (which in turn will reduce ttae Or�vner's equity in tt►e Project), may be required to pay additional amounts to ott�er consultants and the Ovcmer's own peisonnel for assistance on the I'raject, will suffer actuat ecoz�omic Iosses in the fo�m of lost rental income and i�evanues, ��educcd equity, and operations costs that will not be reco�erable by offsetting re�enues fram the Project's income because the Work is completed withu� the Contr�act Time. If Coiltractor faiis to Substantially Complete the Work on or before the Contract Time, subject only to extension for Excused Delays (the "Lipuidated Damages Date"), Contractor shall pay to Qwner as liquidated daniages (and not as a penalty) tb�e following amount (collectively, "Lipuidated Daraages"): (i) Ten Thonsand Dollars {$10,04i1} for each day that the WarEc is not SubstantialIy Complete beginning with the Liyuidated Damages Date and continuing thereafter tiunugh the date whe�n Snbstantial Campletian of the Worlc is achieved. Because the exact amount of these damages cannot be readily ascertained as oi the date of this Contract, atad because both the Owner and Contractor desi�e certa�ty wit� respect to their rights and obligations in Che event the Project is not completed witb.i.n khe Contract Time, Owner agreex that thc liquidated damages set forkh i.n this Section 3.5 shall be the only dainages recoverable hy Owner as a result of Contt�actor's failure ta achieve Substantial Completion within the Contract Timc. Hawe�er, Contraotor aciuiowledges and agrees that tb.e liquidated damages set foith above appiy only to damages resulting from Contractor's failure ta achieve SuUstantial Completion within the Cantract Time and does not �imit or preclude Owner from reoovery af any damages of arry kind, type or naturc to the extent �ey result from any other breach of Cantract, negligence or other actian ox omission of Contractor ar its Subcontractors, or any sub-subcontractars, including but not limited to any defectivc, substandard or deficient desigt� or canstruction. Contractor sha�l not be Iiable to Owner �or bath Liquidated Damages t�nder this Con�act and the "Liquidated Damages" set forth in that certain Design Build Cost Plus with a Guaranteed Maxina�n Price Construction Contract for the �'oi�t Worth Logistics Hub Phase I between Owner and Contractor {the "Primary Contract") for the same delay period, it being understaod that, in such an avent Owner may collect liquidated damages for such period undcr this Conixact or under the Primary Contract, but not bath. R�. �r� o��vtayso 8� P a a e US Active1l166833581�►-5 3.6 Acceleration. The Contractar agrees that t.imely campletion of the Wor�C is of the essence in this Contract. The Contractor shall continuously and diligently perform, forward and prosecute t��e Work required by t�is Contract sub,�ect only to Excused Delays. In the event tl�e Owner detennines that tltie perforrnance of the Woric has not progressed or reached a Ievel of compleiSon requii�ed by the Contract Docum�nts, then ihe Owner shall b.ave the right to (but is not required to) give the Gontractor noticc thereof: If, upon such notice, Cantractor daes not then demonstrate to ihe Owner's reasonabie s�tisfaction that the Contractar wili achieve Substantial CaYnpletion within the Coniract Time, then klie Ovcmer shall ha�e the right to order the Contractor (at its sole cost and expense) to take corrective measures necessary to ex�edite the progress of conshuction, including, witlaout limitatinn, (1) working additionaI sl�ifts or overtime, (2) supplying additional manpower, s�peivisory and adminis4�•ative forces, equipment and facilities, (3} paying expediting charges oF atay Subcant�•actor or material suppfiar, and (4} taking other sirnilar rneasures to accelerate the Vi7ork (hereinafter referred to collectively as "Extraordinar Measures"). In cannection with such Extraordinary Measures, Co�t��ctor shall provide Owner witti a reco�ery schedule iliustrating �e required schedule irnprovemen� Such Extraordinaiy Meastn'es shall continue unt�l the progress of the Work complies with the stage of cflmpletion xequired by the Cantract Docume�ts. The Owner's right to requue Extraordinary Measures is solely for the pur�aase of ensuring the Contractots compliance with the Constz'uction �ahednle, regazdless of whether lic�uidafed damages for delay are i�nposed by the Contract. If Cont.ractor fails to irriplemeint such �xtraordinary Mcasures as required herein, Owner s�aIi have the right, in addition to all other z•ights and remedics, to order Conh�ctor's Subcontractors, on Cont�act,or's behalf, to ef�ectuate such Extraardinary Mcasures. T'lxe Contractor shall not be entitled to an adjustmaut in t�ie Cont�'act Sum or GMP in connection with Extraordinary Measures required by tl�e Owner wlder ar p�usuan.t io this Section 3.6. The Owner inay exercise the rights furnished ihe Owner under or puisuant to this Section 3.b as frcquently as the Owner reasonably deems necessary to ensnre tlyat tYie Contractc}r's performance of tlic Wor�C will comply witl� any milestone date or completion clxte set foith in the Gontract Docurr�ents. 4. COMPENSATION. 4.1 Contraot Sum. �wner witl pay Cont�ac#or an amount ("Contract Sum") eyual to the sum oi (a) the Cost of the Work {defiued in Section 4.2), and (b} a const� uction fee ("Contractor's Fae") in tlie amount of three pet•cent (3%) of the Cost of the Work. �4.�.1 The Cantract Sum will nat exceed the guaranteed �rnaximurn price ("GMP") of Two Millian Seventy One T}aausand Five Hundred Ninety Seven Dollaz�s and Twelve Cents ($2,271,597.12}, 4, I.2 Tha GMP shall be tfie basis for split of savings {if any) between the Contractar and Owner, as further described in paragraph 4.3 af this Contract. 4.1.3 The GMP includes const�ciinn contingency ("Cantin ene "). T'he Contingency shall be used solely for costs inew'red in the perfoimance of Con�ractor's Work, and, subject to the other terms and conditions hexein, may be ►�sed for items such as, but not Limited to, inteitfacing omissions he#ween work categories, schedule perfortnance, expediiing materiaj deliveries or Iabor ta install late deli�ered item{s), and similar costs that were unfox�eseeable by Contractor. 4.1.4 The GMF is based an the alterna#es, allowances and assuzr�ptians, if any, sei farth on Exhibit "U" atkaehed hereta, whict� are further described in the Contract I7ocuments and hereby accepted by the 4wner. 4.1,5 To the extent that the Plans and Specifications are not yet complete {other than due to changes in scope, systerns, kinds and qualiiy of materials, finishcs ar equipment, al� of �. � ab�syzo 9 � F a g e U5 Activeli 1668335$IV-5 which, if reyuired, shall be incorporated by Change Order), Contractor has provid�d zn tlae GMP for such further development consistent with the Contract Documents and reasonably inferable therefroxn. 4.1.6 Tl�e individual coraponents af the GMP set forth on Exhibit "O" (other than thc General Conditions Costs) do not consdtu#e nor shatl they be construerl or interpreted as creating line item guarantees ox' lunits, Contractor's guarantee being of the GMP and n.ot tlie individual caiegoi�ies of work theret�ader, Withoul limiting the foregoing, the Contracfur's Fee may not be adjusted except as speci�ically provide� herein. 4.1.7 'Fhe GMP i�cludes the amount for Coniaactor's General Conditions Costs. General Conditions Costs of Work includes the �xed, non-auditablc amouiit (The "Fixed General Condition Amaunt"} af Three Hundred I'ifty 5eyen Thousand Fzve Hundred and Ninety Six Dollars {$357,596) to car+er Contr�actor's General Canditions Items. The Fixed General Conditaons Amount is subject to adjustment by Change Order in accordance with #he Cantract. The Fixed General Conditions Amuimt comipensatcs Cantractor %r the General Conditions Items described in B�.ibit "D-T" ta Exhibit "D". �4.2 Cost of the Wark. "Cast of the Work" means all costs incuned by Cont�'actor in t�ie perfaxma:nce of the Work aud apecif�cally identified in E�ibit "D". '£he Cost of the Work, estimated as of the �ffective Date, zs sct forth on the construction hudgat attached hereto as Exhibit "O" (as may be amended from t�me ta time upon the written approval of each of Owner a�d Contracror, tlye "Bud�et"). The Cost of the Work does not include tlie fallowiRg items: (a) Salaries or other compensation af Contractaa's home office and other personnel not engaged in the Wor�C; (b} Expenses of Contractor's pz'incipal of�ce and of%ces other tl�an the Project Site of�'ice, azid axcept as specificaIly provided in Exhibit "D"; (c) Any part of Contractor's capital expenses, u�cluding interest on Go�tractor's capital ernpjayed for t3ie Work; {d) Pro�it ar o^verhead, except as may be expressly include� in Exhibit "D"; {e) Costs to the extent attributable to negligence, fault or breach of Contt'actor, Subcontractors or any sub-sabeontractor o£ any tier, or costs caused by Contractor, a�ny Subcontractors, or snb-subcontractors of any rier, or anyone direc�ly or indirectly employed by any of them or for whose acts they may be liable in �erforming the Vi�ori�, including costs to the extent attributable to correctinn of defect�ve or nonconforming Work, disposal of rr�aterials Qr ec{uipment wrongZy supplied, and makin.g good any 'damage to the Praject 3ite; (� Cast and expenses related to traveling to and from any persona� residence and the Praject �itC; (g} Any iravel expenses far air lravel that are not at coach fares; (h} Casts incurred by reason of Conh-actor's membership in or fees paid by Contractor to trade or professional arganizataons; {i) Contractor's federal, state or local income taxes; Rev,l7ate 06May20 10 � P a g e U5 Acti.ie11166833581V-5 {j) Legal, mediation and arbrtration cosis incurred by Contractor in the perfarmance of the Work reIated to disputes between Cona�actor and Owner or Contractor and its Su.bconh�aciors (at any tier) unIess appravad by Owner in wricing; (k) Any cost not specifically and expressly described in Exhibit "D' ; (1) Costs, other than costs inc�uded in Change Qrders ar CCDs approved Uy the �vcmer, l�at would ca�se the Guaranteed Maximum Price to be exceeded; and (rn) Banuses and profit sharing payments of any kind paid to #he Contractor's employees (whether in the fe�d or in any of its offices), Subcontractors ar any sub-subconiractars, of any tier. 4.3 Shared Savings and Discaunts. 1#' the Cantract Sum is �ess tlxan the GMP (such diffei�nce being refexre� to as the "Savings'�, tlzen Seventy-Five percent {75%} of such Savings sliall acci�e to Owtaer atxd 'h�enty-�ive percent (25%) si�all be paid 1:o Contractor; provided that in no event shall Contractor's sliare of Savings exceed one-half af one percent (0.5%) of �11e Cost of tl�e Work. Ftu�ther, and notwithstanding the foregoing ar anything ta lhe contrary herein, Cont�actar shal� not be emitIed ta any Savings in the e�ent Contr�ac�ur fails lo achier+e Substantial Completion witlxin the Contract Tune (as may be extended for Excused Delays) oz- is otherwise in breac� of its obligations owed under the Contrac#. Such Savizigs, if aIfowed herein, shalI be condit�onally allocated and paid as afoz-esaid upon tl�e delivery of and payment of tYie fnal �ayn�ent pursuant to Fiiial A�aplication far Payment tuider 5ection 4,4 hereof; provided, however, that the condifionally-a�iacated Savings shall be reducec� by the cosl af any repairs or replaceineaits to be niade by Contractor that othei�vvise qualify as Cost of the Work (sueh reduction to be apptied against Owner and Contractor's allocations of Savings in the same percentages as set forth above). Cant��actor shall use commercialiy reasonable effrnts to secure such discaunts, incIuding trade and cash discounts, rebates, refunds and otl�er similar considerations as may be obtained in connection witlz the Work, which shaIl accnte exclusively to the bene�t nf Owner. 4.4 Cas� Allowances. Contractor s1�aI1 include in the Contract Sum all allowances stated in the Conkract Documents. T�ese allowances unless otherwise stated shall cover the Cost of the Work for lhe materials (and not labor} related to such item. All costs of installation and other Iabar and all pi•ofit contemplated for the original alIowance shall be incIuded in the Contract Sum and not in the sllowance. If the cost, wl�en deteirnined, is more ar Iess than the alIowance, the Cantract Sutxa and the GM� shaFl be adjusted accordingly by Change Order. 4.5. Timin� and Metf�od af Payment. On or about the Fi�th {Sth} day o:f each month, Contractar wiIi submit to Owner an appIication for payment ("Anu�ication for Pa;vment") an AUy, Fo�ns G702 and G703, signed by Contractor's project managcr and the ("Arehftect af Reeord"}. Owmer will pay Contractor all undisputed surr�s then due witt�in thuty (30) calendar days after Ownei� receives an Appl�cation for Paynnent, includin� aIl infaimstion Contractor is required to submit under Section 4.$, subject to satisfaction of aIl conditians to payment set forth in this Contraet. 4.6 Progress Pavmcnts,. An AppIication far Payment wiil be based on Work completed and materials and equipment either pre-paid when ordered or delivered and stared at the Project Sita. The period covered by each Application for Fayment will be one calendar month. An Applicatinn for Payment wi�l include a proportionate share of both the Design Services Fee and the ConEractor's Fee. The Design Services Fee wi21 be caIculated and paid an the percentage of the Design Services performed tluoug� the date of the Application far Paymen�. The Contractor's �'ee will be calcnlated and paid an the percentage of the Work performed through the date of the Applicatiom far Paymen.t. x�. nac� o6Mayzu 11 � P a g� US Adive11Ifi6833581Y-5 (a) The Owner has the right to rec{uest, and in suclz instance the Contractor shall pravide, written avidence from the Conhactor and any 5ubconlxaciors, as applicable, that the Conf�•actnr has pi�operly and timely paid Subconiraciors all amo�nts paid by tfie Owner to the Cantractor for subconti�cted Warl�. Owner shaIl have no abligation to pay or to see to the payment of money to a Subco�lxactvr, except as may ot�arwise be requ�ired by Applicable Law. {b) Owner shall I�ave the right (but not the obliga.tion} ta cammunicate directly with any Suhcontractor ar sub-subcontractor regarding the status of their subcon�'act, inclnding without Iimitatian, any payment disputes, and any otiier ma�ters pertaining to the Praject. At�y such commuttications sha�t nat create any contractual reiationship betuveen them and Qwner, nar relieve Canh�actor of any obiigatiana or Iiability under this Cantr•act. 4.7 Retaina�e. . Qwtter sha1l withhold as retainage ten percent (20°l0) fram the aggregate amount of Applications for Payment receiv'eci by Owner up through the most rec�nt Application for Payment, unti! at least fifty percent (5fl%) of the Work and t�e a�plicable Subcontractor's or SeIf- Performed scope af Wark has heen performed and coinpleted; t�aereaftes, Owner shall not withhold retainage from any further Applioatians for Payment for such Subconh�actor's or Se1�F Performed scape of Work, subject to the terms and contiiiions of Section 4.13, provided howevez, in no event will the withhe�d retainage be Iess than five pescent (5%) of the coynpleted Wark I�illed. The Owner sha1F release all amounts held as retainage to Cont�•actor apon Substantial Co�npletion except for any Punch List Retainage {as d�fined in Section 4.9). Notwithstanding the foregoin$, retainage shall not be withheld on prafessional design ser+�ices, insezrance(s), tlie Cantractor's Fee, preconst�uction services perfurmed prior ta estabiishment of the GMP, or permit fees, 4.$ �-iformation Included with Each A lication %r Pa ent. Each Application for Payment will uiclude t�►e foilor�ving, in addition to the Applzcation for Payinent certified by Contractor and the Arclutect of Record in accardance with Section 4.5: (a} Waivers of inechanic's and materialmen's licns tinm Conri•actor fo�• the current Application for Payment, and waivers of inechanic's and rnaterialmen's liens fram each Major Subcontractor (as defined below) shown o� the pre�ious Application for Payment evidencin� that Contractor has paid each Major Subcontractor for the Work, i� the forms attached hereto as Exhibits "K I•', "K-2'>, "L-I". and "L-2". respectavely, (b) Invoices from each Major Subcan4ractor e`+idencing the cost of perfonning snch Work in the amount y�equested in the Application foz' Payrnent (with each invoice iraikialed by the Contractor that when added to each other invoice tatals the payment requested); (c} Cost reports evidcncing all costs of perForming the Work far the prior month; {d) All Contingcncy amounts incurred for the priar month and the Con�ti►agency balance remaining, {e) A eurcent, completed sworn statement m the foim attached hereta as Exhibit "'F"; and (f} Suc� other items as Owner's len�der's title company may require as a condition af issuing an cndorseinent to Owner's lender's title policy for the Project Site evidencing no liens and/or encumbrances relative to the Work on the date of the advance (including, if rec�uired, an R�. n�� oen�ay�a 12 I P� g e f]S ActivellI$6833581V-5 indemnity from Contractar as contempIated by Section 9.3 and/or lien waivers or other evidence af paym�nt for all Subcontractors and materiaI suppliers regardless af t�e value). �'or pmposes of fhis Contract, "Maior Subcontractor" means thase Subcantractors having subcontracts with Contractar in excess af Two �'housand Five Hundred Dollars ($2,500}. 4,9 Payment_Upon Substan.tial Completion. Upon Substaniial Completian, Contractor wiIi provide Owner witY► a Final Application fo�• Payment atid the following ac�ditianaI instruments: {a} Unconditional partial lien wai�ve�rs frora Contractor and the Major Subcontractots shown on the priox Appiication far Payment that they have been paid for the work shawn thereon in tha forms required nnder Section �.S{a); (b) A fullq executed conditional fipal lien �uvai�ver frorn each Majar 5ubcontractar, in Ehe fo�m attached hereto as E�ibit "L-1", and such other farm(s) requued by the City, #'or which Punch List Retainage is nat being withheld; {c) A fixlly cxecuted conditianal pai�ial lien wai�+er from each Major Subcontractor in ihe fonn attached fiei�eto as Fxhibit "K-1'°, and such other form(s) required by the City, for which Funch List Retainage is being ��ithheld; (d) Operation aud inaintenance manuals, wanranties, and other ma��eis requirert by the Cont�act Documents; {e} Punch List; {� Invoices frotn each Major Subcontt'actor evidencing the cost of performz�ng such Work in the amotznt requested in the AppIication for Payment; (g) A petmanent certifieate of occupancy or local equi�atent issued by �l�e appropriate authority, evidencing that the Project inay be lawfully occupied for the conduct of business; (h) A Certificate of Substazifaal Co�ngletion {AIA Document G704) from the A�-chitect of Recard, evidencing {a) tE►at tb.e Work has been peiiarmed aud com�Ieted in xccordance with ths Contract Documents and all Applicable Law and (b} the Projec# can be used for its intended P�Pase; (i} S�ch other item�s as Owner's lender's title coinpany may require as a candition of issuing a final endorsemen# to Owner's lender's titie policy for the Project Site evidencing no Iicns anci/or encwnbrances relative to the Work as af tFie date of tha iinal payment {including, if rcquired, an indemnity from Contractar as conterr�plated by Section 9.3 and/or lien waivers or otlier evidence of payment for alI Snbcontractors and material suppIiers regardless of the value); (j) The Aff'idavit an.d Cer�ificate of Compleiion by Contractar and Final Release and Waiver of Lien in the form attached hereto as Exhibzt "V"; and (�) Al� other clos�out items identified in Exhihit "S". Withsn thirty {30) calendar days after receipt of the Contractar's Finai Application for Fayment (including all required submi#taIs), Ownar wiIl pay CQntractor the entire unpaid balance of the Contract Sum, less any i�e#ained amounts for Punch List items or for xny ather withholdings pernu4ted under Section 4.13 or R�. na�e os��o I3 � P a g e U5 Activc1Z166833581V-5 elsewhere in this Contract With respect to the Punch List, Owner may retain an amount ec[uaj to the greater of 1% of the retainage then held by Owner or �50% of the value of the Funcli List Tt�ns ("Punch Ltst RetainaEe"}; s�ch Punch List Retainage shall be in addition to any other amnunts Owne�- may withhold pursuant to Sectaon 4.I3 or elsewhere under this Contract. If Cont�actor does not complete an.y appiicable Punc� List Item by the c�ate specifed in the Punch List, Owtier may, upon five (5) business days' written no�ice and failure of Contractar to coinmence work on the incomplete Funch X..ist Item, campleie the Punch List Item and deduct from the Punch Lzst Retainage the costs inciured in connection �herewith. In the event the Punch List Rstainage is insufficient to reimburse Owr�er for s2zch costs, Contractoz• shall pay such shorkfali to awner within thirty (30) days following invoice therefor. 4.10 Final Yavment. 5ubject to Owner's withholding rights pursuant to Section 4.13 or elsawhere under the Contrac�, �wner will release the remai�ning retainage, including Punch List Retainage, witliin thirty (30) calendax days after the Architect df Recard ceirtifies, an.d Owner and Owner's le�der confixYn, that a�� of the Work, including Punch List items, has been completed, and Confi�actor has delivered to Owner fully executed conditional final lien waiveis &om Contractor and all Major Subcontractors, in tite foxms attached hereto as Exhibit "L-1" and such other fortn(s) required by the City. Withiz� tt�ree (3) days af Canbractor's receipt of Fina1 Payznent, Cont�•actoz� shall snbmit to Owner an unconditional final waiver by Contxacto�' cavering all amounts paid to Contxactor under the Contract in the form attached hereto as Exhibit "L-2", and such other fonn(s) rec�uired by the City, and an unconditional Fnal wai�er from each Major Subcontractor covering a!I amounts paid to each Major Subcont�•actor zn connect�on with the Ptaject in the form attached he�'eto as Exfiibit "L-2", and such athcr forin(s} required by tlie City. 4.11 Pa eut to Subcontractors. Ta the extent payments are i�eceived from Owner, Contractor will pay its Subconi��actors as required by applicable subconh-acts ar►d ather agree�nents. 4. L2 Interest on X�ate Pavments. Payixients due and unpaid by Owner will bear interest from the date payment is due at the zaie of two percent (2%) oves the priine rate as pu6lished by The Wall Street Jo�rnal (the "WSJ") an tlte date such payment is due. If for any reason the WSJ ceases puhlicataon or no iangeF' publisl�es a pr�me rate as contemplated herein, tlie�i Ovyner sliall select an alternative index which will result in� a coinparable interest sate, 4.13 Withholdinl� PaL+inent. Owner may decline to make any progress payments or, because of subsec��ent�y discoveied avidence or subsequent inspactions, may nullify the whote or any part of any pragress paym�nts, wilich Contracior shall prompt�y refund, to snch extent as may be reasonably necessary to proteet Owner from loss because of, {a} Defective Work not remedied; {b) Tl�ird party claims filed or reasonable evidcaice indicating prahable filing of such claims unless security acceptable to tiie Owner is }�ro�ided by ihe Contractor; {c} Fail�re af the Canta-actor to maice payments properly to Subcoxrt�actors ar for labor, materials or equiprnent; {d) Reasonable evidence that the Work cannot be completed fo:r the unpaid balance of the GMP; (e) Daxnage to the Owner or a separate contractar; {fj reasonabie evi�ence that the Work will not be completed wit�in the Contract Time resu�ting in the accnxal of Liquidated Damages, and that the �npaid balance will be necessary to cover Liquidated Darnages far the anticipated delay; ar {� Failure to carty out the Work or otherwise perform its obligations in accorda�ce with the Cont�act Documents. R�v. T3aGe 06MaJrlD 14 � P a g e U5 Active11166833581V-S If the above reasons for withholding ceitification are removed, then payments will be made far amounts previausly withheld, If the Owner withholds payme�nt uuder Section 4.13 ar otheativise determines it to be reasonabIy necessary, Owner may, in its sole discretion, issue �oint checks ta the Contractoa• an.d to any Subcontractor tfl whom the Cont�'actor faiied to make payment for �Nark prop�rly perFormed or material or ec�ttipment suitably delivered. i� addition, tl�e Owzier may issue final payment ia the form of multiple joint ehecks payable to the Contractor xnd ils Subcontraetors, izt such amounts certified by the Co;ntz'actor as being due. In no event shall any ,�oint or other payment made by the Owner ta any Subcontractoz' ba eanstxued to create any (I) contract between the Owner and a Subcontractor or sub-subcontractor of any tier, {2) obliga.tians fram the Owner to sucl� Subcontractor or sub-subcontractor, or {3) rights in suc� Subcontractor or sub-suhcantractor against the Owner, 4.14 Title to Materia�s. '�itIe to materials and equipment covered by an Applica�ion for Payment, whet�er incorporated in the Pioject ar not, will pass to Owner upon Confractox's reccipt of payrnent for the male�xals and equipinent. Title to the matex�ials and equ[prneast will be frec an�a clear of all Iiens, claims, security interests, or encumbxances. 4.15 Utility and Connection Fees, Contractor will pay any applicable utility hook-up and connection fees and any sewer and water avaiFability fees and park dedication fees snd �y charges far public improveinents, fiowever characteiized, unless specifica�ly excluded in Lxhibii "U". 4. � 6 Record Kee in • l�ai�ance Control and Access to F3ooks and Records. Contractor acicnowledges tliat tliis Contract is to be a�ministered an an "open book" hasis relative to the Cost of the Work. Contractor shall keep reasonably comp�ete and detailcd accaunts and exercise such contt-ols as may be customaiy for financial management, using accounting and control systerns in accordance with prudent industry standards. During the perfonnance of the Work and for a pe�iod of one (1) year after Final Payment, Owner and dwner's accountants shall be affordcd access to, and the right to audit from t�me-to-time, upon reasonable notice, Contractor's and, if applicable, cost-plus ar �ime and nnaterial 3ubcontractar's i�cords, books, cor�es}�ondence, receipts, subcontracts, purchase rnders, vouche�rss, memoranda and other data relating to the Work, aII of which Coatractor shall preserve for a period of one {1) year after Tinal Payrx�ent. Owner and Owncr`s accountants shall keep all such records, books, correspondence, receipts, subcontracts, purchase arde:rs, vouchers, memoranda and other data in strict confdence. Such inspection shall taKe plaae at Cont��actor's affices during normal business haurs fofIowing at least twa (2} busincss days' p►7or written notice, unIess another location and time is ageed ta by the parties. 4.17 Schcdule of Vaiues. A list of the values attacY�ed ta each portion of t�te Work will be prapared by the Contractar, in� s�bstantially the form attached he�•eto as Exbibit "M-2", for Owner's apptoval arid dclivered to Owner on tlt.e earlier to occur of {a) the date thirty {30} days follawing Owner's delivery to the Contractor of the Notice to Proceed, and {b) ten {10) days pa'ior to submittal of the initial Application for Paymen#. Once sucli list is approved by Owner and Contaractor, the satne shail be incarporated by refel�nce as Ex�ibit "M" ("Scheduie of Values"). OWNER'S OBLIGAT�4NS. 5,1 In additian to the other dutaes and responsibilities specified elsewhere in the Contract, Owner will do the following: 5.1.1 Ynforrnation and Ap�uovais Frovided bY Qvyner. Owner will at all times cooperate in good faith with Co:ntractor and pravide Contractor with all required approvals, responses and info�'mation in Owner's possession and necessary for Contractor to perform tiie Work and comply with the Schedule. Owner will provide Contractor with all information i� Owner's possession that is �. na� o�n�tay�o 15 �� a g e U3 Active1l1S6833581V-5 applicable to the Work, including Owner's requirements and needs for the Project, as well as any maps, siuveys, geatechnical reports, environmental reports, and other Project Site info��nation developed for the Project ox ottfetwise avaiIable to Owx�er. 5.1.2 Access to the Project S�te. Owner will, until SubstxntiaT Campletion, pro�ide Contractox with i�easonable access to the Project Site, inclu�g adequate space on snd about tlie �'raject Site for tempox�ary offxces, materials sr�rage, Iay-down a�d staging areas, toilet facilities, and Zoading anc3 uni.oading areas. If Contractor's operaiions will (a) �pand to areas beyond �e Project Site, or (b) be resfxioted to less than the entire Project Site, Cantractor's operation area will be depicted ia Exhibit "N" ("Oueration Area"). Qwner will furnish all easements or other rights of way necessary %r suc� access to the �roject Site and the Opeiat�on A��ea, �ncluding easernents for equipment and installation and maintenance of utilities. Fallowing Substantial Coinpletion until completion of the Punch List, Owner will provide Cantractor witi� access to such areas as are reasonably necessary for Contractor to compJete the Punch List, 6. CHANGES IN TI� WORI� (WCLLTDING DESIGN SERVICESi. 6,1 Cha�e Orders, Owner may o»der changes wiihin thc general scope of the Work, consisting af addit�ons, deletions oX Other revi5i0nS; however, the GMP and ContracE Ti�ne will be adjusted accordingly, and the ad,�ustment will be se# forth in a Changc �rder. Subjeci to the provisions of Section 6.3, Conh•actor l�as no obligation to perform any changcs in the Work until Own�r and Contractor sign a written change order ("L"ha�e Order°} stating Owncr's siid Cont�actor's agreement upon the change in the scope of tlie Woxk, the atnount of the adjustmcnt, if any, in the Contract Surn and GMP, and the extent of tF�e adjustment, if any, in tl�e Contract Ti�r►e, provided Contractor submits a fully detailed cust estamate and scl�edule analysis within i4 days after rcccipt of Owner's request for changes. Notwithstanding the foregoing, Contractor's signature sh�Il not be required for a Change Drder pmsuant to Section 2.3.2 of this Contract. 6.2 Methods of Adjustment. The metkiods to datermine adjus�inents to the Contract Sum sud GMP as a result of a change in Work may include the following: (a) Owner and Cantractor ag��e to a lun�p s�m amount; {b) Unit prices stated in the Contract Documents or subsequen�ly agreed upon by Owner and Cont�actor, plus a rcasonable sllowance far profit xnd overhead; ar (c) The actual change (wl�ethex positive or negative on a net basis) in the Cast of the Work incurred by Con�t•actor as a result of tl�e cha�ge in the Wark, plus a carresponding increase or decrcase in the Design Services Fee and the Contract�r's Fee if the Cost af the Work inereases or decrcases, as the case may be. b.3 Chau e Directsves. lf Contractor and Owner are unable to agree upon ane of the rnethods of adjustment in Sectaon 6.2, Contractor wi3I promptly proceed with Owner's rec�uested change in Work, pi•ovided Contractox receives w�ritten notzce frc�t3a Qwner specifying the cI�ange in the Work and directing Cantractor to comply with the cha.age {"Chan�e Directive"}, Under said circuinstances, Contractor wi�l provide, by written notice to Owner promptly after delivety of a Change Directive, Contractor's best estimate of the cost of the change in Work ref�ected in such Cllange D�ective, and the adjustm.ent to the Contract Svm for the Work requu•ed by the Change D"vactive will be detexmined in accordance with Sect�on 6.2(c). In such case, Conh�acfor will keep and present to Owner an itemized accounting of alI costs and expenditures incurred i�t pPxforming the changed Work, togetl�er with $ppropriate supporting data within fotn�teen (14) c�aqs a�er ;reccipt of the Change Directive. The amount Rev. Date Q6May20 16 P a g e CTS Activel! i 66833581V-5 of any credit to Owner %r any change that results :in a net decrease in die Cost of the Work wild be equal in the actua� net decrease in the Cost of the Work, including siry applicable adjustment to the Dcsign Services Fee or the Conh�c#ar's �ee. When both addi�ians and aredits are involved in any ane change, the adjustment to the Design Services Fee antd the Coni�•actor's Fee will be fgured on the net incxease, if any. If unit prices are stated in the Conhact Documenls ar subsequent�y agreed upon, and if quant�ties oiiginatiy contemplated are materially changed by a Change D'u�ective, then the unit prices will be adjusted to aeeount for the costs assaeiateci with a change in quantity. 6.4 Minor Chan�. Owner or Contractor may malce minor changes in ilie Work and Plans and Speeifications that do not in�ol�e an adjnstment in the Con�act Sum or an e�ctension af the Contract T'ime, provided that such ahanges do not affect the yuality ar value of the Work and are not inconsistent with the �ntent of the Plans and Specifications. Contractor will record such changes on the Record Drawings. 5,5 Substitutions. Except �a the case of minor cha�ges in the Work authorized by the Ovmer, the Cant�actoz' may nlake substih�tions only vviih tlie consent of the Owner, after evaluation �by the Architeet and in accordarice with a Change Order or CCD. By making a request for a substitution under this Sectsan 6.5, the Contiaator: (a) represen#s that zt has personally anves�igated t[ie proposed substit�tte product and determined that it is eyua� oz• superior in all respects to that speaified; {b) represents tlxat the Contractor will provide tlye same wa�t'anty for the subs�itutian that the Conh•actor would for that specified; {c) certi�es that the cost data presented is eompleEe and includes all re�ated costs �nder the Contract Dacurnents, and waivcs ali clairns far additional costs reIated to the substitution whicb subseq�ently become appaicnt; (d) certif"ies that no dciay in the performance af the Wor� will result frozn the substitutio�a, and waives all claims for an extension af the Contract 'Fiine related to the suhstitution; and (e) will caordinate the installation of the accepted substitute and make such changes as may be required for the Work to be complete in ail respects. 7. UNFOIt�SEEN CONDITIONS. 7.I LTn%reseen Conditioi�s. "Ut►foreseen Conditions" mean those condit�ons affecting t�e Work that are {a) subsurface or latent physical conditions at the Project Site differing inate�tially from those indicated in (i) the Contract Documents, (ii) writken information pro�ided by Owner, ar (iii} the reports (the "Pro er Re arts") set forth on Exhibit "P" attached hereto and made a pat� hereof, (b) previously unknown physical conditions aE the Project Site of an unasual nature or differing rnaterially fxom those orelinsrily encountered and generally recognized as inherent in tlle Work, or (c} undiscovered Hazardous Subskances encountered at tha Project Site and not imtraduced by Contractar, its agents, employees or Subcontractors. If Contractar encou�uters ilnforeseen Conditions, tlren the garties shali exec�te a�hange Order and tl�e additional costs incurred by Contractor as a resuit of the Unforeseen Conditions will be included as a Cost of the Work and there will be a con•esponding increase to the GMP. Any delay to the critical path resuiting from any Unforeseen Conditions constitutes ad Excused Delay. The Contractor shall provide written notice to the Owner as soan as ressonably pract�cal, but in no event later than seven (7) days, fol�owiu� the discovery of any Unforeseen Condition if a Change Order ar Rev. Date 06May20 17 { P a�� US Act[ve1116G8335$1V-5 Excused Delay is anticipatad. Notwithstanding the foregoing, execution of t1�is Contract by Contractor is a representation that Contractor has visited the Project Site, become generally familiar with local conditions under which the Work is to be perfoi7ned and correlated persanal obsesvations with the i�equirements of the Contract Dacutnents. Contractor represenis that it has investigated physical aspects af the Project Site as reflectec� in the Property Reports and re�iewed a�zd verifieci ali di�auensions, sneasurements, pro�erty lines, utiIity locations (to the extent such lacations have been made available to Contraetar by Owner ar are open and ob�ious from an inspection of the Project Site), grades and elevations, existing impravements, drainage, a�►d general suitability of such conditions at t.�e Praject 8ite, and {notwiti�standing anything to the contrary sel %rth in this Contract) shalI not be entitled to any increase in the Contract Surn or Excused Delay extension to the exteilt caused by arky of �-ie foregoing ta the extent of Contrractor's knowledge thereof as of the Effective Date. 8. WARRANTY.. S.1 Warraz�tv, Cantractcn warrants khat the Work will substantially conform ta the Plans and Specifications, will be of good quality and new (tutiless t,�►e Contract Dncuments permit or require atheiwise) and wiIl be free of dafects. This wajranty shall be in additian to and not in limitation af any othei• wan-anty or remedy rec�uired by law or by the Contract Documents, and such wa��anty shall be interpreted to require Contraclor to replace ar repai�• defective nnaterials and equip�nent and re�xecute defective Work wluch is disclosed to Conixactor by Owner witlun twn (2) years after the date of Substantial Completion ("Warrautv Period"). Con#ractor will pa-o�ide Owner with any additional waz�anties v�+hich extend beyond tl�e Wat7anty Period that inay be p�•ovided by Subcontractors ("Manufacturers' Warranties"}. Thirty (30) calendar days prior to the date of Substantial Comptetion, Contractor will de2i�er to Owner one copy af any Manufacturars' Warranties and one copy of all instruction, opei�ation, and �naintenance manuals p��vided Ca Cont�•actor by manufacturers of equipmant, machinery, and materials incorporated into the Work. Contractor is not respansible for any �amages, lia�bility, or costs occasioi�ed by, arising out of, or related tn normal wear and tear, or the actions oz- omissions of parties ot�ier that� Contractor or Contractor's agcnts, employees or Subcontractors, including Owtier and Owner's separate coiltractors. All rnanuiactured articl�s, inaterials and equipment shall be stored, applied, installed, tested, connected, erected, used, cleaned and conditioned by tl�e Cantractar as d'u�ected �y tk►e manufacturer unless and to tlie extent speci�ically provided to tlie contrary in the Contract Documenls, in which case, Contractor shall imrx�ediately notify Owner of such conf]ici. (a) The Contxactor agrees that all Man�facturers' Warranties shall ba deemed to �vn for the benefit of, and are lterehy assigned jointly and severa!!y to, �he Owner, Cantractor and tk�e applicable Subcontractor, witlzout in any way re.�ieving Contractor and/or its Subcantracto�s of their obligations {warranty ar otheruvise) urider the Contraci Docutnents. In. addition, alI wa;rranties providcd herain shal� suivive any termination of this Contract, for any reason. Failure of rnanufacturers to guarantee products will not relieve the Contractor of its obtigations under this Conlract. {l�) If the Contract Documents impose any limitations on warranties ar �e Contractor's obligation to correct Work, then such limitations shall not ttpply to latent dafects iva tlie Work nor #o any specific wanrauties contained in ar required by azty of tlle Contract Documents. Subcontractors shall gua,rantee their work ta the Owner and Contractor. The Contractor shall be responsible for any casts or expenses arising in connection with ox as a result of any dcfective or noaconforming Work, including, without limitation, Ownei�'s reasonable attorncy fees and the fees for any additiona! professional services or oti►er consultants retained by the Orvner, necessstated thereby. Rev. Date O6May20 18 f P a g e US Acfive12166833581v-s {c) Establishment of the two-year Warranty Period relates only to the specif�c obligation of the Contz'actar ta con•ect defective Work disco�ered dur�ng tliis period af ti�ne. The two year Warranty Period has na relationship to Contractar's oiher o�rligations or liabilities with respect ta defective ar non-confozrning Work, including wit�out limitation, the enforcement af Contractor's wari�anty obligations outside t��e Warraniy �eriod. 8.2 Co;��ection of Nan-Confonnin� Waxk. Contractor will promphly correct Work that is found defective or not in substandal conformance with #he Plans and Speci#"ications ("Non-Conformin� '�Vork"}, pxavideci that the Owner pravi�es Contrac#or witlz access to the Project Site to invcstigate and remedy the Non-Conforming Work. If Cont�actor daes not repair ox- x-ernove Non-Conforming Work as requ.ired by #tzis �ection 8.2, 4wner may, after an additional ten (10) calenday- days' written notica to Contractor, repair or remove the Non-Conforming Work at Caatractar's expense. 8.3 Contractor's Res�ansibilitv. �ti no e�ent shall Owner have cai�trol over or charge af, or be respansible for, construction �neans, metho�s, techniques, sequences or p�bccdures, ar for safety precautions or pra�ams in connectian �vitli the Work, because these are solely Contractor's eesponsibility. Owner will not !�e cespo�zsible for Con#ractor's failure to carry out the Work in acoordance with the Conb.�act Documents. Owuer will nat }�ave care, custady or conb-al aver the Project, and wilI s�ot be responsible for the acts ar omissions of Contractor, Subcaniractors or theix agents or employees, or af any other pe�sons performing �az'tions of the Work. INDEMNITY AND M�CHANICS' LX�NS 9.1 Third Partv Claims; Patent Infrin e�nant. In addition to, an.d not in limitation of, Cantractor's inde�r�nification obligatzans pursuant to Article 6�f the Section 00 52 43 Agreement, Contr�ctor agrecs as follnws: (a} To the fullest extent permitted by law, Con�'actor shall indemni£y, defend, a�d hoId harimless Owner, affiliates of Owner, VanTrust, VTRE, the Ciry of Fort Wartl�, Texas ("C�"}, dieir of�ceis, directois, trustees, bene�iciaries, sharehalders, members, managers, aktrnneys, agents and employees {co2lectively, the "Xndemnitees"), from and a�ainst aIi liabilities, claims, darnages, losscs, Iiens, causes of action, suits, judginents and exp�nses {including but not limited ta, attomeys' fees, expert witness fees and court cosis} arising out of ar related to ihe perforrnance of the Work {collectively, the "Lfiabili�es"). CONTRACTOR ACKNOWLEDGES AND AGREES THAT CONTRACTOR'S INDEMNIFICATION OBLIGATIONS UNDER THiS CONTRACT INCLUDE AN INDEMNIFICATION BY CONTRACTOR OF THE INDENIl�TEES FROM CLA�MS OR LOSSES ARISIlITG AS A RESULT OF T'AE NEGLIGENT ACTS OR �MISSIONS OF SUCH INDEMNITEES. 'Tl�e indemnification ohligations under tl�is Contract will not be Iixnited by any iimi#ation on t.�e amount or type of damages, compensation, or benefits payab�e under Workers' Compensatian Acts, disability benefit acts, or other employee benefit acts. The assumption af liabilities and in�emni�icadon provided in this Contract wiIl indefinitely survive any expiration, camp�etion, or tenni.nat�oa of thi5 Contract. (b) Furthermore, Contractor aglees ta defend, indeznnffy and hoid harn�less the �udemnitees, from and against atl Liabilities arising from or relating to claims for infringement of any patent or othet' intellectuaI property right relating to equipment pr materials incorparated in the Work, except in cases where the equipment, materials, ar designs� were specified by �wner. Owner wil] tender ta Contractor in suf�icient time to avaid prejudice defense of any action, adminzstrative or legal proceeding ar investigatioz� as to which the foregosng inde�nni�cation and defense under thas Section 9.1 may apply for handling hy counsel selected by R�. n� os�ayzo 19 � P a g e US Active1116fi633581V-S Cantractar and reasonably acceptable ta Ovsmer, and Contractor, at Contractor's eacpense, shall assume on beha.lf of O�►ner (and tha other Iindemnitees} and condt�ct with due diligence and in good faith the defense thereof; provided that Owner shalI iiava the right, at its aption, ta be represente.� therein by acfvisory eounse2 af its uwn selection and at Cantaetor's sole cost and expense, if (a) there is a bar�a-�ide conflict of intexesi between the defense of Owner or an Indemnitee and Contraator, or {b} Owner reasonably dete�inines t�iat Confractor rn• its counsel is not diligently and competently pursuing the defense of Ownez or the Indemnitees. If Contractor fails to re�in counsel reasonably acceptable to Owner to handle defense of any action, administrative or legal proceeding or investigation as to whic� the foregoing indemnification and defense undar this Section 9.1 may apply within a reasonable period after Owner tendets suah defense to ConEractor and such faiIm-e continues for five {5) business days following Contractar's recezpt of vv�Ytten notice fram Ow�er of such failure, then Owner, at its optzon, and without re�ieving Contractax af its obligaCions hereunder, may eugage counseI to handle such defense, aud all reasonable co5ts an.d expenses so iiicurred by Own.er in that event shall be reimhursed by Contractor to Owner. This defense and indein�uf�cation shall not bc limited to damages, compensatian or benefiis �ayable under insurance policies, workers' compensatian acts, disability benefit acts ar other employees' benefit acts. Owner wiIl use commercially reasonable efforts to notify Cont�•actor in writing of any claim under this 5ectian 9.1 within ten (IO) business days after Owner becomes aware of the claim. The Cont�•actor's obligations under this Sectior� 9.1 shall sur�ive Owner's accepiance of the Work and/nr tei�rnination of this Contracf, 9.2 Meclianics' Liens. Cont�actor sl�af� keep Owne�� and the Project Site free frozn all mechanics' and materialmen's lieiis arising by, throug�, or undcr Contractor in the performance of the Work, other than for reasons of non-pay�ment by Ovumer, if such payment is due and payable by Owner hereunder. In the event any such lien or claim 58 filed by anyone cIaiming by, through or under Contractor (other than £or reasons of nan payment by Owner, if such payment is due and payable by Owtier hereunder), Contractor shaI1 remove and discharge same within ten (14) business days of the filing tl�eraof or, at Contractor's eleckion, shall pxovide a band therefor in accordance with the applicable p�rovisions of the applicable law o� the state in which the Project is located and sufficieilt in foiva, substance and amount to �Srotect Owner's tide and interest in the Project Site xnd Woz-�, fro�n a company reasonably acceptable to �r�vz�er, failing which Contractor slaall be in defauit hereunder. Zf the bond will nvl fully discha�•ge the lien and allvw a clean titic endorsement, frae af sueh lien, tlien Qwner may, in its sole discretion, reject sucl� bond as inadequate sac�u-ity against such lien. In such insiance, Contractor shall be required to remove and discha��ge the lien vvithin ten (10) business days o£filing thereof. 9.3 Indemni . If re�uired by the title insurance company issuing title insurance covexage io Owner's lender, Conlractor will pravide such tit�e insurance cornpat�y with an indemnity, in form and substauce reasonably acceptable to such tit�e ins�rance company, agreeing to indemnify, defend and hold the �tle insurance company harmless from and against al� Liabilities. 10. INSURA.NCE. 10. I Insurance Pra�ided b Contractor. (a) Liabiti ,ty Insurance. Prior ta commencing the Woxic, Contractor will purchase �nd maintain Iiability insurance of the type anfl limits set iarth below, or as rec�uired by Applicable Law vr as set %rth in Contractor's current or hereafter ea�isting policies of insurance, whichever covexage is greater. Snch insurance will pmtect against claims %r bodily injury, death, damage to property or other damages arising out of or in connection with Contractor's performance of the Wark, The type and mininzum limits of such insurance are: �. nec� a��ayzo 2U � P a g e U5 AcriveU 166833581V� Workers' Compensation F.rnployer's Liability, including Stop-Gap coverage and U3L&H ii app�icable Conunerciai (`seneral Liaifility Camnxerczai Automobile Liabitiry Umbreila Liehility Prafessional Liability for: {b) R�w. n� o�ayzo US Active11166833S81V-5 Conh•acwr, Architect of Record and Stiuctural Engineer of Record - Otixer design consultants Pollution Liahility 5tatutory L.imits $1,000,000 each accident $l,OQ0,000 disease-policy limit $ I ,000,000 diseasc-each e�npldyee $1,400,004 each accurreuce $2,00O,OOd products/compteted aperations aggreg8te $2,000,0(16 general aggregate per pmject $1,000,000 eny one accident or loss $i0,000,004 esch aocurrence $10,000,000 aggregate $3,D00,000 each clsim and atmual aggregate $I,OD�,000 each claini and annual aggregate $5,004,000 eacl� iass $5,006,000 aggregate ail lossea The insurance policies listed in Section 10.1{a) must ineet the foltowing requirements: (1) Ernployer's Liability, Cainmercial General Liahility and Automobile Liability insurance zx�ay be arranged under separate policies for the full �ninimu�n limits required, oz' hy a combinatinn of underly:ing policies with �e i�alance provided by an Excess ar Umbrella Liability policy. (2) The Commez�cial General F.iabijity insurance tnust be on ISO Forrn CG 00 Ql or its equivalent (with no amendments to the definition of an insured contract} and nnust inci�de Owner, VanTrust Real �staie, LLC, {`�aaTrt�st"), VTRE Development, �LC ("VTRE"}, Owner's leiider (to be named later}, City and others who may be required (colEecti�ely, fi�e "Additianal Insureds"), as e�idenced by inclusion in an Acord Certificate as additional insureds. The "addit�anal insured" endarsements to Contractor's Cotnmercisi General Liability policy will be an iS0 F�orms CG 20 10 07 U4 and CG 20 37 07 (1�F or theu' eq,uivalent and will include cnverage for ongoing a�td campleted operations. The Additional Insureds sl�ail aiso be named as a�.ditiona! insureds under kk�.e Commerciai Automobile Liability and Pollution Liabi�ty policies. Each of these policies, aIong with the Warker's Compensation and Employer's Liahility policies, will also include a waives af subrogai�or�, as allawed by law. Contractor's General Liability and Umbrel�alExcess insurance policies will ba primary insurance and not ea�cess o�er, ar contrihu#ing with, any insurance purchased ar maintained by Ownex or other parties to the exbent losses are caused by Contractor, its agents, employees or Suhcontractors. Contractar's General Liability and Umbxella/Excess 21 Page coz�p�,eted operations insurance policies shal� be mairn#ained for the dttratian of the applicable stalute af repase fallowing Project co�npletion. (3} The Commercial Autamabile Liability insurance wilt include coverage for all awned, hired and nai owned automobiles. (4} Prafessional Liability for the ArcYtitect of Record and its design consultants may be wrikkers on a claims-made basis and maintained for ihe ciuration of the applicabke statute af repose after Project cornpletion. Furkhezmore, Contractor shall provide Owner with a list of pending claims made under the Professional LiabiIity insurance on a quartexly basis. {5) Contzackor will pm-chase and maintain pollution Iiability iusuran�ee caverage for losses arising fram pollution conditions vvl�ich arise from Contractor's aperations uz�dez this Contract, whcther such operations be by Con4'actor, its Subconti�ctars or anyone dinectiy ar indirectly emptoyed by any nf them. (6) All insurance policies zequired under this Section 10.1 (a) must be issued by �nsuraiice companies that have an A.M. Best ratiag o£ A- VII or better and (b) wili not be canceled, or nnt renewed, without Contractar provi�ing thirty {3Q) ca�endar days prior wriiten notice to Owner. (7} C�rtiiicates of ins�rance must be pro�vided ta Owner prior to the start of the Work on the Project Site. (S} Cont��ctor may carry oi� cause to be car�ed commescially reasonable deduciibles, but in no event shall there be any deductib�e or self-insured retention exceeding: (i) $100,000 for any professional liabiliry insurance cavez-ages; or {ii} $ZS,D00 for all other insurance coverages �'equired hereunder. (4) As between Owner and Contractor, Contractur shall be responsible foa' all deductibles required by Contractor's liaisility insurance policies. (c} Builder's Risk. Owner will purchase and cantinuously m�aintsin until Substantiai Completion of the Wock or fermination of this Conirac#, whichever oceurs �rsi, builder's �risic insurance, including dednetibles, naining as insureds Owner, Conhacto�-, and Subcontractors of all �iers pe��forming Work at the Project 5ite to the full insurable value of the Praject, an $ replacexnent cost basis. The deductible for the bwi�dex's rislc policy will not exceed $25,000 per occurre:uce {except for iosses caused by Earthquake (at Owner's option), Floo� {at Orvner's option), Coastal Windstoxm {at Owner�s option) and Watear Darnage, which shall ha�e limits and deductibles as are commercialty reasonahle for tlze expos�ues at Che Project Site). The buiIder's risk insurance shall not include caverage for tools, machineiy and otlxer consiruction equipment of Contractor, its Subcontractors or atay athers performing wark on or for the Pro,�ect. Snch parties shalI make their own arrangements for any insurance they may require �or such tnoIs, machinery and equipment or for any other Wark-related items not cavered by this builde�'s �.,. nBrE o6t��o 22 E P a g e US Active11166833581V� rzsk insurance. The builder's risk coverage will liave sublimits (selected by Ownez') which will apply to insu�sble properiy while it is located at the Project Site or located at bert�poraiy off-site storage or staging areas appinved by Owne�', or wh�fe in land-based transi.t to the Praject Site wi#hin the continental United States. Builder's Risk insua�ance will be on a"special causes of loss" or equivalent policy form, cavering risks of direct physical loss ox dauiage ta the Work. A loss insured under tlus builder's risk insu��ance shall be adjusted by the Owcier as loss payee for the insureds, as kheit' interests anay appear, sui�ject to tha requirements o£ any applicable mortgage. Tlae Owner, as Ioss payee, shall have power to adjusl. and settle a loss with insurers �nless one of the parties in interast shall object m writing witl�in fir�e (5) days after occurrencc of loss to the �vtmer's exercise af this power; if such objeciaon is made, the dispute shall be resolved as pro�vi.ded in Section 14.5 of tlus Contract. The Cantr�actor shail pay Subcontractors (and snb-subcontractors of all tiers) then•,j�st shares of insurance }�roceeds received by the Contractor, and by appropriate agreemen#s, written where legalty required for validity, and shaIl require Subcontractors to maice payrnents to their sub-subcantcactors in similar znanner. Owner, in its discretion, inay issue joznt checks to the Contractor and any applicable Subcon#raetors or sub-subcoutractais witka ��espect to any insm�ance proceeds due such paz#ies. The party receiving any insurance proceeds shall provide, as a condition to payment, lien and cIaim waivers, in the fonn required �� ti�e Cantr•act, covering the payiaiemt �nade and the work and loss tliat is the subject of such payzment. As set foith in Exhibit "D", Contractor sha33 be i•esponsibie for avy builder's risk deductible, without an increasc in the Canti�act Sum or reimbursamen# from Owner, ta the extent snch ioss was caused by the fault, negtigence, breach of coni�-ac� or wiilful misconduc# o#' Can�i�aator, its Subcon�tz^actor or any sub- subcontractors or anyone else for whose acts Contractor is liable. 10.2 Re�uirements for All Pr��ect Insurance. (a) Owne�• and Contractor waive all rights against each ai'h.er, and ttie respective agents, employees, architects and engineers, consultants, suppliers, and subcont��actors of each other, for datnages caased by �re or other perils ta the extent covered by property insut'ance abtained purs�ant ta ihis Sect�on 10 or by any other �roperty insuranca appIicable to the Project, except such rights as each nnay have to proceeds af such insurance. The property insurance policies obtained by Owner ar Contractor for t1�e Project will be endorsed to i�tclude a waivcr of subrogation in favor of Owner, Contractar, and their respective ageats, einplayees, architects and engineers, consultants, suppliers, and subcontractors nf al1 tiet's, (b) The delivery and receipt of certificstes of insurance or ceiti�ied ins�rance palicies required to be purchased aud maintained pursuant to tlais Contract does not constitute approvaI or agreeanent by the recipient tha# tiie insurance requirements af this Conixact have been met or that the insurance policies comply �+ith this Canlract and do not relieve Contracto�• or �wner af its obligations under this Contract. 10.3 Bonds. tt�, nac� odwrayzo 23 f P a g; e US Active111b6833581V-5 (a} Owner reserves the right to require a performance and payXxxenr bond from Contractor ("Contractor Bands") and alI Subcantractors, in which event Dwner shall be named as a dual-ohligee thereundez- (the "Subcontractor Bonds" and iogetl�er with the Contractor Bonds, tl�e "Bonds"). The cost af any such Bonds shail be included as a Cost af the Wark and the premium therefar shall be included izx the GMP. In the event of a Subcontractor Default related to a SubcontracEor For which a Subcontractor Bond is in place, Contractor may use any funds available un.der this Contract, w�ether contingency fitnds or savings ar any other funds, to pay for Suhcontractor Losses thai result from suoh Subcontractor Default (subject to the requirements of the Cantract Docu�nents and withaut increasing the GMP), but shall loak ta (and shall diligently anti in good faith enforce for tha bepefit of the Praject) the St�bcontractor Bnnds to eovea� sucI� Subcontractor Losses and any ainaunts recovered from sttreties shaiI be credited back to the Project and be allocaked betwecn t�e parties as Shai�e� Savings, if any, piusuac�t to Section 4.3 above, if appIicablc, (b) In the e�ent Contractor fails to enforce the Bonds, then for the purpose of exercising tl�e righ#s gi�anted by this section, Contracto�• heiehy in•evocahly constitutes and appaints Owner its true and iawful attorney-in-fact to execute, acknovuledge and deliver a�qy insiniments and to do and per�orm any acts in the naine aud on behalf af Contractor which Owner reasonably determines is necessaay ta enforce the I3onds, a11 at Co�rtractor's soIe cost and expense. 11. HAZARDOUS SUBSTANC��. I1.1 "Hazardo�a Substances" mesns any dangerous, toxic or hazardous pollutant, cantaminant, cheinical, waste, matetxal or suhstance as de�ned in or gaverned hy any Environmental Laws, inc�udiug without limitation peholeum, petrole�m products, asbestos, anci palyehloi7nated biphenyls. "Enviroiimental Laws" means all applicable federal, state, and local laws, rules, regulations, cUdes, ordinances, orders, decrees, directives, pcxrxiits, lice�ses and judginents relating to pollutian, contamination or protection of the environment or human health or safety, including all applicable federal, stake, and lacal 1aws, rules, reguiations, codes, ordinances, orders, decrees, d�rectives, permits, licenses and judgments reiating ta Haza�'dous �bstances in effect during pei�'ormance of the Work. 11.2 Contractor is not responsihle for undisciased Hazardous Substances encauntered at the Prolect Site, except ta the elctent se�ch Hazardous Substances are braught ta the Project Site by Contractor or its Subcontractors. If Contractor encounters any Hazaidous 5ubstances at the Project Site, Contractor shall immediately suspend Work in tke affected area end report the conditian to Owner in writing. Under such circumstances, unless such Hazardous Subsiances are brought ta the Project Site by Contractor ar its Stxbcontractors, the sarr�e shall const�tute an iTnforeseen Condition and the Caniract Time will be extended and the GMP will be increesed in the amount of Con�'actar's increased costs attd delays to the critical path resulting from the discavery and remediation of such H�zardous Substauces, and any such extensior� and increase wi1l he set forth in a Change Order. Contracta�' shaIl indemnify Owner for aII costs, expenscs, damages and liability (inciud'u�g withoat li�itatian attorneys' fees and consultant expenses} Owner ;i�p.cuis due to Contractor's failure ta perform its obligations ut►der ttris Section 1 I,2. 12. AUTHORIZED REPRESENTATIVES. lZ.l David Blanton and Josh Meredith are Owner's desigr�a#ed representative on tfie Project and has suthority to act or respond on Oumex's hehalf concerning matters that require Owner's appraval, cansent, decision or otb,er action under this Cont�'act. Kyle W�itesell is Contractar's representative on the x�. nar� o6t�yzo 2�4 � P a g e US Ackive11166833581V-5 Project, and has authority ta act or respond on Conri-actvr's behalf concerning matters that require Contractor's appmval, consent, decision or other action under tY►is Conkract. 13. NOTCCE. 13.1 When written notice is required under lhis Cont�•act, the notioe must be delivered in person or by na�ianally recagnized o�vernight courier or sent by i�egistered or certifted mail to: If to �wner: DI Fort Worth Logistics Hub Phase I, LP 4900 Main Sh•eet, Suite 4Q0 Kansas City, Missouri 64112 Attentaon: Dave Harrison V�7ilh a copy to: VTRE Devclopment, LLC 6164 Warrcn Parkway, Suite 200 Fi7sco, TX 7503�4 Atientian; Da�vid Bianton and a copy to; Dentons 4520 Main Sheet, Suite 1100 Kansas City, MO 64111 Attention: JuGa A. Taylor if to Contractor: Bob Moare Construction I I IO N Watson Rd Arlington, TX 7b01 I Attention: Kyle W3iitesell 14. TERMINATION; DISPUT'E RESOLUTION. 14.1 Teimination of Contract b Owner for Contractor Default, it a Contractor Default (defined below) occurs, then Owner may terminate this Contract upon wiztten notice to Contractor and may exercise any and all rights and remedies available to Owner at law, in equity and under this Contract witi� respect ta such Contractor Default. A"Contraetor Default" is the occurrence of any o� the following defaults which continues for seven {7) business days aftea Owner provides written nodce thereof to Contractor and Contrackar fails to cure the saine: (a) Contra.ctor fails to perfoam any of i#s obligations under the Cantract Documents; {b) Contractor refuses or fxils to supply sufficient skilled warkers or suitalsl� materials or equipment to compleie the Wark in a diligent, effic�es�t, tirnely, workmanlike, slci�lful and careful manner; (c) Contraciar fails to make prompt pay�nents to Subcontractors for labor, materiats and/ar equipxnent in accordance wit� the respective a�eements between the Contraetor and the Subcontractors; (d) Contraetor c�isregards any Appticable Laws; (e} Contractor disregards the instrucfian oi the Archi#ect of Reeord or Ownex {when such instruetians are based on the requirements of the Cont��act X]ocuments}; (� Contractor fiies or recorcis or allows anyone cIaimit�g by, through or under Contractor to file ar record a�en or other claim far aon-payntxent by Contractor against �wner (far reasons other than nflm-paytr►etrt by Ownei}, Owner's Ioan proceeds or x�. nac� o6M8yzo 25 I P a g e Li5 AcEivelllG6833581V-5 Owner's property and. does not timely remave or contest tI�c same in accordance wilh Section 9.2 of this Contract; or (g} Confi•actor otherwise breaches the Contract Documents. If Owner texxnina#es this Cantract under this Section 14.1, then Contractor will stop Work and store all material on the Project Site so as to reasonably protect the rnatenial and the Wprk from damage, and Owner may take possession of the Project Site and of all materials, equipment, tools, construction equip�nent and machinery thereon owned by Contractor and may f�nish the Work. Without limiting Section 2.3.4 above, Owner also may accept an assignrnent of the subcontracts and a gene�•a� assign�nent of intangibles with respect to ihe Work and the servica contt'a.cts enlered into i�y Contractor in connection with performance of its obligations under this Contract, and, upon reguest frorzi Ow�ner, Contractar shall assigz� the sarne to Owner and obffiin any Subcontractor's ar service pro`+ider's consent to tl�e same, if req�ired. Contractor shajl deliver to Owner copies o� any iush�ction, operatioa, and maintenancc manuals pro�ided to Coniractor by manufacturers of eyuipmen�, machimery, and materials incorporatcd into the Work for w�►ich payment has been made by Owner and all documents and records with �espoct to ihe Project in Cantractor's possession and belanging tq Or�vner or receiaed by Conhactor on Owmcr's be�alf pursuant to the terma of this Cont��ac� � addition, Contraator's license to use the Plans and Specifications set farth in Sect�on 2.2.4 shall be revoked, and Contractor sliall remove aIf signs that it may l�ave placed at the Project indicating that it is the "genera� contractor" of sa�e and rapIace and restore any damage resulting fram such remo�al, all at Contractor's saIe cost. If the unpaid balance of the Contr�act Sum exceeds costs of �nishing the Work, including compensation for the Arcl�itect of Rccord's serr+ices and expenses made necessary thereby, aud other damages i��cwx-ed by the Owner, such excess sha21 be retained by Owner, Ta the extent the cosfs of completing Worl�, incIudiz�g eoinpensation for additional Design Professional sen+ices and expenses made necessaiy by Cnntractor's default, exceed those costs which would hava beeii payable to Contractor to camplete the Work except for Cont�actor's default, Cantrac�or will pay the difference to Owner, and this obligat�an for payment shall survive tei�nination of this Cann•act. Ta the extent not already pa.id by Ow�yer, Owner witl pay Cont��ctor all of the following; (A} ilte Cast of #he Work executed up ta the date of tet7nination, to the extent not previously paid, and (B) the portion o� �e unpaid Design Seivices Fee and the Contractor's Fee then due and payable under this Contract as of the date of sucl� lennination (and no other clairns for anticipated profits), less any damages inciured by Owner due to Conl�actor's default; provided, hflwevea', Contractor shall nat he entit7ed to receive �urther payment untiF t�e Work is finished by or on behalf of Owner. ConcurrentIy with Owner's paymant to Contractar of Ehe amounts payable under this Section 14.1, Contractor, at Contractor's sole cost and axpense, shall deliver (if nat previously delivered) to tlte Praject Site all mateiiais ordered and paid far by ConEraator aind not yet delivei�ed to the Project Site, If requested by Owner to do so, for a peniad of t�irty (30) tlays af�er such teimination, Contractor shall una�e itself reasonably avai�able to, and consult wit.� and advise, Ov��ner regarding the Project as Owner �ay request, it being understood that Owner shaI� campensate Contractor far such services at a commerciall.y re�sonable rate. Any termination by Owner for Contractor default that is later deternuned to be unjustified sha�l be treated and convexted to a terminalion for conveniei�c�, and Contractoi's so�e and exci�tsive remedy for such fermination shall be as set forlh in Section 1�4.3. It is recognized that: (i) if an order for relief is entered on belxalf of Cpntractor pursuant to Title 11 of the United States Code and, in the case of an invaluntary proceeding, is not dismissed wiihin ninety (90) days, {2) if any other similar order is entered under any other debtor relief laws and, zn the case of an invoIuntaiy pmceeding, is not disznissed within ninety (90) days, (3} if Contractor mak,es a general assignment for t1�e bene�it of its creditars, {4) zf a recei�er is appainted for the bene�t of iis creditors, and, in f�e case of an involuntary appointment, suc� recei�er is not discl�rged within ninety (90) days, ar (S) i� a receiver is appointed on account nf its insolvency, and, in the case of an involuntary appointment, such recei�ar is not diso}�arged v�rithin ninety (90) days, then any such avent cauld impair or fxustrate Contractar's perFormance of tha Conbtact Documents. Accordingly, it is a�eed that upon the occurrence of any such event, Owner s�►all be entitled to request af Contractor or its snccessor in interest x�. n�c� o��y�a 26 I P a g e LIS Ac5ve11166833581V-5 adequate essurauce of fut�re perfoimance in accordance with the terms and conditions of ttAe Contract Docuxnenls. Failure to comply with such request within ten (10) business days of deliveiy of the request sha11 entitle Owner to terminate this Contract and ta the accampanying rights set forth above in this Seciion 14.1. In all events pending receipt of adequate assurance of perforrnance and actual performance in accordance therewith, Ownex• shall be enti�ed to proceed with the Wark with its own forces or with other conE��actors on a tame and inaterial vr athea appxapriate hasis, tlie cost of which will be back-chaiged against the ConiTact Suin. I4.2 Susnension of Work by_Owner. Owner rnay, without cause and for its con�enience, order Contractor in w�•iting to temporarily stop and suspend thc Work. Suoh suspension shall not exceed sixty (60) consecutive days or aggregate more than nincty (9d) days during the duration of t�e Project. Any delay accasianed by Owner's exercise af its righYs under this Section 14.2 shaIl constitute an Excused Delay an� Contractor shall be entitled to an adjustment of the GMP and Contract Time if fhe cost or �ime to perfoim the Work has been adversely impxcted by auny suspensioz� af the Work by Owne�•. 14.3 Ternnination by Owner for Convenience. Ownec may te��ninate this Cantract for its canvenience upon seven (7) busiaess days' written notiee to Cantraetor. L7pon receipt of written nvtice from Owner of such termination for Owner's convenience, Cantracior shall: {a) cease perfor�ning the Work as directed by Owner in the notice and stare all rnaterial on the Pz•oject Site sa as tn reasonabty protect the rnatei7al and the Wor% fi•om damage; (b} takc actions reasonabIy necessary, or that Owner may reasonably direct, for tlie protection and preservation of the Work from damage; (c} ha�e no furtlier right to use the Plans and 5pecifications, and its license tv use the same set focth in Sectian 2,2.4 shall be revoked; (d) except for Waz•ic directed to be performed pi�ior to the effecti�e date of te�mination stated in the such natice of te�nination, tarminate all extsting subcontracts, service cont�•acts and purchase orders and enter into no fiuther subconixacts, setvice contx'acts arnd purchase orders with respect to the Work; (e) deli�er to Ownex capies af any instruction, operation, and maintenance inanuals p�ovided to Contractor by manufacturez�s of eqt�ipment, machinery, and rnaterials incarpoi�ated into tb.e Wark for which payment has been made by Owner and all documents and records with respect to the Project in Contractor's possession and 6elonging to Owner or received by Contractor on Ov�+ner's behaif pursuant to the terms of this Cant�•act; and (fl rerno�e alI signs that it rnay ha�e placed at the i'roject indicating that it is the "general contractor" af same aud replace and restore any damage resuIting from such removal, all at Coaatractar's cost except as set forth beIow. jn case of such termination %r Owner's convenience, Owner will pay Contractor for the Cost of the Wock completed before the effective date af such termination and the Contractar's Fee earned as of tha date of such tenninatiQn, the cost af any materials ordered and paid for by Contractor and not yet cielivered to the Project Site {provided such materials shaIl be delivered to �wner at Owner's request and expen4e}, and all demobi�izatipn and ather casts direcfily re�ated ta such tennination, it�cluding cance�laiion fees, restocking charges, and Subcantractor terniination costs {which will all be deemed to constitute per�itted Costs of the Work; provided however any 5ubcontractar terminafion costs shall not in.c�ude an.y termination penalties, lost anticipated Qrofits or any costs far unperformed services), tagether wifi.� any re#ainage withheld by Owner as of the date of the tez�mination. The Contractor shall' have no other claims for paytnent or damages as a resu�t of such termination by Ownar, including, without limi#at�on, anticipated p�rofits or any other charges for unperformed seivices. Owner shall ba cxedited for (i) paymenis previously made to Contractor for the terminated portion of the Work, {ii) claitns that Ow�ner �. na� osn�ayzo 2? i P a g e U5 Active111B6833581V-5 has against Contractor under this (;ontract and {ui} ihe value a#- the materfals, supplies, equi�ment or other items, if any, that are to be disposetl of by Contractor that are part of the Contract Sum. Concuirenfly with Owner's payrn�t ta Gonixactar oi the amounts payable under this Sec�ion 143, Contractor, at Co�traetor's sole cost and expense, sha�l deliver {if nat previo�sly deIivered) to the Project Site a21 materials ordered and paid for by Contractar and not yet delivered to the Fro,�ect Site. Cont�ractor will use commercially reasonable efforts to mitigate the demabilizatian cosEs associated with the terrninatian of this Cont�act, and Contractor will prom�t�y respond to any Qwner inquiries regarding tlze demobilization of Contraclor's personnel and equipment. If requested by Owner to do so, for a period of thirty (30) days after such termination, Contractor shall make itself reasonably available to, and consult with and advise, Owr�er regarding the Project as Owi�er rnay request, it being unde�stood that Owner sha11 compensate Cantractor fo�• sueh services at a comznerreially reasonable rate. 14.4 Termination of Contract rn Saspension of Wark by Confractor. If an Owner Default {de�;�ed beIow} occurs, t7�en Cantxactar may {a} suspend per%rmance of its W�rk until the Owner Default has been fe�lly remedied to Contractoa-'s reasonable sa�isfaction andlor until Owner pinvides security foa• Owner's payment and �erformance obligafions under this Cancract which is reasonably acceptable ta Cont��actor, in which case Contractor wilI receive a Change Ordcr increasing the GMP and extending the Contract Tiyne as campensation io Cont��actor for costs and delays attrilsutabie to the suspension of Work; and/ar {b) termznate this Contract. An "Q�wner Default" occurs when: (a) If the Work is stopped tlu-ough an act, omission, o�• inaction of Owner or its cantaractars aiid agents for a period of thirry {30) consecutive calcndar days after written notice of saine fron� Contractor, unless the stappage is pursuanit to Section 14.2, which shall nat constitute an Owner Default; (b} Owner fails to pay Contractor within tY�c time period set forth in 5ectian 4.5 above and such failure continues far fourteen (14) calendar days thereafter (and Owner fails to provide an escraw of an�y disputed amount reasonably satisfactory to Contxactor); (c) Owner breaches a�ry of its material obligations under the Conf�act Documents and Own,ez- fails io ctzre the bi�each within thiriy {30) calendar days ("Owner Cvre Period'� after written notice fioz� Contractar unless a longer cure period is pro�ided in this Contraci, in which event sueh lon�er cure period shall apply, or unless such de#'ault cannot reasanably be cured with due diligence within such thirty {30) calendar day periad, in wluch e�ent such thiriy {30) calendar day p�riad shall be extended for sach longer period as is reasonably necessary under the circumstances for Own.er to cure snch d.efault using due diligence; ar {d) Owner files a'volu�tary petiiaon under any Applicable Law having for its purpose the adjudication of Owner as banlu-upt, or in the event a receiver is a�pointed for thc property of Owner by reasan of the insolvency of Owner or an involun#ary petition in banIaruptcy is �led in respect to Owner which recei�ership or petition is not discharged within ninety (40} calendar days, or in fhe event any dapartmant of the State ar Federal governmeirt, or any afficer thereof, duly authorized, takes possassion of ihe bttsiness or prapetty of Owner by reasou of insal�ency af Owner, or in the event Ownea� anakes an assigatnent fox t#ie benefit o£ its credztors. If Cantractor e�ects to terminate by reason af an Owner Default, then Owner shall incur no liabiliry to Contractar by rcason of s�ch termination, except t�at Owner s�aIl pay Contractor aI� of the fallowing, as Contractor°s sole and exclusive remedy: {A} the Cost af the Work executed up to the daie of terminat�on, to t�e extent not previously paid; (B) the pontian of the unpaid Design Services Fee and the Contractor's Fee then due and payable under this Gontract as of dae date of such tP+-m��Arion; and (C) to the extent in,cluded in the Budget and not already paid far by �er, tbe follovv�ing: the cost of all rnaterials Rev. Bate 06Aday20 28 � P a g e U5 Active1116b8335$IV-5 deli�ei�ed and stored an the Praject Site, the cost of all znaterials delivered in coilr►ection with the WoYk hut stored off the Praject Site, the cost of any materials oa-de��ed and paid far by Contractor and not yet delivered ta the Project Site, and all demobilizalion and other costs directly �-elated to such termination, including cancellation fees, X�SfOCICltlg GI3aTg8S3 and Subcontractor termination costs (which will sIl be deemed to canst�tute peamitted Costs of t4�e Work; provided however any S�bcontractor termination casts shall not include any termination penalties, last an#icipated profits or any costs £or unperformed services}. The Cvntractor shall have no other clairrfs for payment or damages as a result of suc� tem�ination by Contractor, inclnding, wilhaut Iimitatian, anticipate� profits or any other charges for unperformed services. Contractor will use cozrunercialiy reasonable efforfs to mitigate the demobilizatian costs associated with the ternunation of this Contract, and Cont�actor wiil pmrnptly resp�nd to any Owner inquiries regarding the demobilization of Contractai's persannei and equipment. Concurrently with Owner's payment lo Conttactor of th� amounts payable under this Section 14.4, Contractor, at Conh�actor's sole cost and expense, s��li deliver (if not previouslq delivered) to the Project Site all mateiYals arderad and paid far by Coniractor and not yet delivered ta t�e Prajcct Site. Owner shall not be responsible far daznages £ar lass of anticipated profts on Wark not performed on account of any te�minalaon described in this Section 14.4. 14.5 Mediation. Claims, disputes, or otl�er matters in cantraveisy ax-ising out of or related to this Cont�-act (cpllecti�veIy, "Dispute_s"� sha21 be subject to mediation as a condition preeedent to the comrt�encement of any litigataon ar nthez legal action or praccedings by either patty. The parties sl�all endeavor to resolve their Disputes by mediatioxi whicly, unless the p�•ties mutually agree otherwise, shaiI be adininistered by t��e Ainerican Arbit�•ation Association in accox�dance with its Consfruction In�ustry Mediation Pracedures in effect on tlie Effecti�c Date. A request €or media#ion shall be znade in writiug, delivered to the other party to the Contract, and filed with the person or entity adminisEeating the mediation. The request may be made cancunrent�y with the filing of any litigation or other legal actian o�� proceedings but, in such e�ent, mediafion shall proceed in advance of such action o�• proceedings, which shall be stayed pending mediation for a periad af thirty (30) days from the date of �iling, unless stayed for a longer peiiad by agreement of the parties or court order. The parties shall share the z�ediatox's :fee and any filing fees equally; provzded that if the pa�'ties proceed to litigation or other legal action ar praceeding, the prevailing party thcrcunder slimll be entitled to reco�ea, ainong od�er damages, the prevailing pa�•ty's share of such mediation and filing fees. The mediation shall be held in the place where the Project is located, unless another �acation is muivally agreed upon by khe parties in w►iting. Agreements x�eached Yn mediatian shall h� enfoiceable as settlemeni �greements in any cowt having jurisdiction t�ereo£ 14.6 Limitation of Liabiiitv. Naither Owner, nor a�y of tlxe Indemnitees, nar any successor in- interest ta Owncr {or to such Indemnitees) shail have auy personal liability for any failure by Owner to perform any term, covenant ar condition of this Contract. If Owner shaIl fail to pez-�orm any cavenant, term or candition of this Contraot apon Owtter's part to be performed, and if as a conseyuence of such default Contractor shall recover a�noney judgment against Owner, such judgment shall be satisfied only out oFthe right, title and interest of Owner in #1�e Praject. Neither Qwner nor any af the Indemriitees shall bc Iiable for �ny deffciency. The limitations af Contractar's rigttt of recovety against O�wner and any Owner related parties set %ri� in this Section 14.6 shall survive the com�Ietion af tlae Wor�C or the earlier tennination of this Comtract. 15. GOVERNING LAW AND VENUE. 15.1 This Contract wii! he interpreted and canstYued in accordance with the laws ofthe state in wlucl� the Project is located. Al! disputes will be venued in the jurisdiction in which the Project is located. � x�. nac� o�yzo 29 j P a g e US Active11 1 6 6 833581V-5 16. EXHIBITS. 16.1 Tbe exhibits {"Exhihiis"} listed below are aitached to and incorporated into tt�is Contract. If any of the provisions in the �xhibits os• any of fhe otl�cr Cantract Documents arE inconsistent wi#h the pXovisions of this Contract, the provisions o:f this Contract conirol. Tlae Exhibiis are: Rxhihit "A" Legal Descript�on of �roject Site Exhibit "B" ��•eliminary Schedule Exhibit "C" Project Design Documents Fxhibit "D" Cost of the Work E�ibit "D-1" General Conditions Costs Exhihit "E" Owner's Separate Work Exhibit "F" Weekly and Monthly Reporting Mafrix E�chibit "G" Contractor's Cer�.ificate af Campleiion Exb.ibit "H" Subcontractdr Sidding Frocess Exhihit "I" General Requirements Exhibit "]" 5chedule Specification & Requv-exnents Exhihit "K-1" Form of Conditi�nal Lien Waiver —(Progress Payments) Fxhibit "K-2" Form of i7nconditional Lie�s Wai�er —{Pragress Payments} Bxhibit "L-1" Form of Conditional �ien'V1Jaiver —{Finai Yayment) Exhibit "L-2" Form af Unc���ditional Lien Wai�er —{I�inal Paymezat) Exhibit "M-1" Scliedule of Values Exhibit "M-2" Fo�m of 5checiule oF Values E�chibit "N" Oparation Area Exhibit "O" Canstruction Budget E�ibit "P" Property Reparts Exhibit "Q" Assignmen� af Conh•actor's Agreemcnt �xhi�it "R" Subcont�-acta�-s Assignment Provisions Rxhibit "S" Required Close-Out Documents Exhibit "T" Sworn Statement Exhibit "U" Alternatives, Allowances and Assurrkptions Exhibit "V" Affida�it and Certificate af Completion by Contractor and Fit�al Release and Waiver of Lien 1'1. MISCELLANEOUS 17.1 Successois and Assi�nent. This Cantract is binding upon and inures to t�e benefit of Owner and Contractor and their respecCiee successars and permitted assigns. �xcept as expressly provided unde�c- tUis Contract, neikt�er ContracEar nor Owner may assign this Contract without the prior written consent of the other, and any at#empt to assign this Contraci without such cansent is void. Notwithstanding the foregoir�g, Contractor hea•eby consents to an assignment af this Contract and the Contract Documents by Owner to (aj a�Surchaser of the Project Site, or (b} an entity directIy or iadirec�ly controlled by or under common cantrol with Owner or any indemnitee, and, an either such event, Owzier shail be released from any lia.bility under this Contract. �ithermore, Contractor hereby consents to a collaterai assignment of this Conhact and the Conixact Documents by Owner to Owner's canstruction lender (if any). ��. n� asNtay2o 30 � P a g e US Atdve1l166833581V-5 17.2 Enforceabilitv. � any provisia�z of tl�is Contract is held invalid or unenforceabie, the remrainder of this Contract wiIl not be afY'ected and will be enfoz'ced ta tI�c gt'eatest extent permitted by law. 17.3 Interpretafiion. Tilles and sect�on headings are used in this Con#ract soleIy for canvenience and are noi sids in interpreting this Contract. 17.4 Aulho�t . The signataries af this Contract have the power and suthority to execute this Cantraot an behalf of Owner or Conh'actor, as applicable, and ta bind Owner or Contractor, as applicable, to this Conuact. 17,5 �dcuendent Contractoz. Cantractor is an independent contractor snd is not an emplayee, partner or joiat venturer of Owner. 17.6 Entire A�reement. This Contract, togetl�er with all recitals and exhibits attached hereto ar�d all existiug or futcue Conkract Doc�ments, constitutes the entire agreement between Owner and Coniractor with respect to the Work and the Design Services and all priax• proposals, negotiations, i�epresentatiflns have no foi�ce ar effect. 17.7 Consh�ction Loan Matters. Ii O�mcr s�iall have furnished to Co�traetor a consiruction loan agreem.ent or siznita�� agreennen# betwccn �wner and any const�vction lender for the Project, ContracEor agrees fully to caoperate with Owncr in com��ying witl� the provisions theraof and agrees to furnish any and all inforn�ation, reports and certi�cates which are reqt�ired or helpfuI thereut�der, provided, i�owever, any cost occasioned hy the foregoing shaIl be cansidered a Cost of the Work. Owner's �endex� is a thia�i party bene�ciary under this Cani��act, provided Contractor shall not be required to camply with orde��s affecting tI�e Work unless issued or app�-oved in vvriting by Owne�'. Contractor agrees to reasonably cooperate with Owner in Owner's consummation of any constructian loan entered inta between Owner and its construction lender far the Prosect, !sy entering into an agi�eement with such co�istruction lender on ]cndcr's standard form, a copy of which is attached hereto as Exhibii "Q", whereby, among otlier things, Conkraotor agz'ees: {a) to co�sent to �wner's assignment of this Conh�act to such construction Iender for collateral purposes, {b) to give such construc�ion lendex written notice of ali defaults by Owner hereunder, (c) nat to terminate this Cantract or the Contract Documents unless and until Cantractor has provided such Iender the same cure peiiad pro�ided to Owner hereunder to cure such defautts, (d) to perform tha Work und�r and pursuant to this Contract and the Contract Documents for such lendcr provided such lender pays to Contractar aiI atnounts due and payable i� accordance with this Contract, but only to the extent not previausly paid, fiu�ded or advanced by lender to Qwnar for such Work, and asswnes all fi:ture payment obligations of Owner hereunder, and {e) to subordinate a!1 Iien rights that Cantractor may ha�e against the Project Site to the lien of sueh lender's mortgage oz deed af trust, NotCvithstanding Ntie foregoing or anything herein ta the contrary {including Section 16.1 above), in the event of a conflict between this Section 17.7 at�d the provisions of Exhibit "" the pro�isions of Exhibit "Q" shall control. 17.8 Survival. The provisions of the Contract, which by t�eir natux�e survive final acceptance af the Work, shall remain in full %rce and effect after such termination to tlie extent pro�ided in sucla provisions. 17.9 ]oint Di�ftin� Effort. The parties hereto acknowledge and agree t�at: (i) they are af equal baxgaining strength; (ii) they participated jointly in t3�e megoi�ation and draflang af tha Contract Documents; (iii) they each refied upon the legal advice of their own at#orneys, of their own chaasrng, in enterin�g into the Cantract Documents; and (iu) any rule of consttuction to the effect that ambiguities are x�w. aa� oet��yzo 31 j P a g e US Active11 1 668335 81V-5 to be resolved againsE the t�raiiing pariy will not be applied in the consEruction or inter�z'etation of the Contract I)ocuments. 17.10 Counter�,arts. Facsimile and Elec�onic Mail Signatures. This Conti.�act inay be signed in se�veral counterparts, each of whic.b. �srill be ful�y effecti�e as an ar�ginal and all of which together wilj con,ati#ute one and tlae same insttwnent. Signaiures to this Contract txansmit6ed by facsim�le or el�ctrpnic mail will be deemed the equivalent of delivery of an oziginal signature, p�-o�iclEd that the party delivering its signature by facsimile or electronic mail promptly thereafter delivers tl�is Contract with the original signa#ure to the other party. [Remainder� of page inientionalIy lej� blank; sigrtaiure page to�orrow.� Re•i. Date U6May20 32 � P a g e US Activell lb6$33581V 5 Owner and Contractor have duIy executed and delivered tlsese Suppiementaty Terms as of the E{%ctive Date: OWNER: DI Fort Worth Logistics Hub Phase I, LP, a Texas limited paitnersliip By: VTCO Texas Iri�estments, LLC, a Texas Iimited liability company, its General Yartner B' David M. Harrison, Manager CON7RACTOR: Bob Moore Canshvction, a Texas CoEporation By: . _ Name: c� / Title:_�ZG 4 �- x��. na� o6Mayza US Active11I66833581V-5 33�Page ■ ✓J.�a�.�.�.+J_* :s _ LEGAL DESCRIPTI0I�I Oi� PRC)JL�'CT SITE DESCRIPTION, of a 32.432 acre ('E,412,758 sq�are foot} tract of land situated i►� the the George Hamilton Survey, Abstract No. 751, City of Fort Worth, Tarranf County, Texas; said kract being all of that tract of land describeci in Special Warran#y Deed #o DI Fort Warth Logistics Hub Phase 1, LP recorded in Ins#rument No. �220976344 of the Offrcis! Public Recards of Tarrant County, Texas; said 32.43 acre tract being more particularly descri}�ed as follows: BEGINNlNG, at a�12-inch iron rod with "PAGHECD KOCH" cap found fior the southeast corner of said DI Fork Worth �.ogistics Nub Phase, �P tract; said paint being in tl�e norkh future right-of- way line flf Risinger Road (a generally recognized public road); THENGE, So[�i� 89 degrees, 30 minutes, 49 seconds West, along t�e said D! �ort Worth Logistics Hub Phase I, LP tract and tha said nor�h future ri�ht-of-way fine of Risinger Road a distance of 125G.66 feet ko a 9/2-inch iror� rod with "PACHECO KOCH" cap set for the intersection of the said norti� future right-of-way line of said Risinger Road and the east right-of way lin� of 7echnology Boule�ard (a �ariable width right-af-way) dedicated by tF�e plat o# Lot 2, Block 1, Risinger Raad fndust�ial Cornplex, an addltion to the City of Fort Wor#h, iexas accorciing to the plat recorded in Cabinet A, Slide 67 of the Plat Records of Tarrant County, Texas; THENC�, ►nnth the said east �ine of Technoiogy Boulevard and the west li�a af said DI Fort Worth Logisflcs N�b Phase I, �P tract, the followir�g four (4J calls; North 00 degrees, 16 minutes, 18 seconds West, a distance of 10.35 feet to a'i12-inch iran rod wi#h "PACHECO KOCH" cap set for carner; North 08 degrees, 43 minutes, �2 seconds Wesf, a dis#ance af 258.70 feet to a 112-incf� iron rod with "SMLS 4224" cap faund for corner; North 11 degrees, 41 rnin�tes, 22 seconds West, a distance of 116.26 feet tv a 112-inch iron rad with "�ACHECO KOCH" cap se# for corner; North 08 degrees, 43 rr�inu#es, 52 seconds West, a distance of 685.53 feet to a 1I2-inch iran rod with "PACNECO KOCH" cap set for corner; THENCE, Narth 89 degrees, 45 rnin�tes, 51 seoonds East, departing the said west line of DI Fort Worth Logistics Hub Phase l, �P tracf, a distance of 9,419.23 �eet ta a 112-inch iron rod with "PACHECO KOCH" cap set for corner in the east line of said DI Fart Warth Logistics Hub Phase I, LP traci; THEPICE, Sauth 00 degrees, 14 rnin�tes, 09 seconds �ast, along t�e east line of saEd ❑� Fart Worth Logisfics H�b �hase I, LP tract, a distance of 9,052.88 feet to the POINT OF BEGINN�NG; CONTAINING: '�,4'12,758 square feet or 32.432 acres of fand, mora or less. Rev. Date 06Ma}�1(f 34 , P a g e LFS Active11 1 66 8 3 3 581V-5 EXHIBIT "B" PRELIMXNARY SCHEDULE Re�'erence altached Prelimina►y ScheduIe from Boh Moor� Consiruction �,. n�r� asr�yio 35 � P a g e US Active1 1 1 66833 5 81V-5 � � � c � .� 04 � � 2 � .O � � � O � �' O � `' N N � i� � � �m � m 'N � � F- � � � � I � ,� o ,� � � ,'� '° 'v � � � i � ;o 'o rp i N +9 � i1�9 �� v iv ap ; N ''r : c'�, C ;��� � O � � W h ��� DZ� �o� ��� o� m EXI3IBIT "C" PROJECT DOCUMENTS SHEET TITLE DATE NUMBER 1 Co�er a.�/z/zaza 2 Horizontai Contral Plan 11/�/202Q 3 Horiaontal Control Pian 11/2/2020 4 General Motes 11/2/2020 5 Public Water Taps ii/Z/2Q20 6 Sewer Main Layout !1/2/2DZ0 7 5ewer Plan & Profile 55-1 11/2J2020 8 Sewer Pian & Profrle SS-1 11/2/2020 9 Water petaiis 11/2/2U20 �,0 Water Detalls 11/2/2020 11 Water aetails 1]./2/2020 12 Sanitary Sewer Detaifs 11/2/2020 13 5anitary Sewer Details i1/2/Z020 14 5anitary 5ewer Details 11/2/2U20 15 Typlcal5eciions 11/2/2Q20 16 Raadway Plan & Proflle 11J2/2420 CR1078 I7 Roadway Pfan & ProfiEe 11/2/202U CR1078 18 Roadway Plan & Profile 11/2/2024 CR1078 19 Roadway Pian & Proflle 1i/2/20�0 CR1078 20 Roadway Plan & Protlle 11/2/2420 CR1078 21. Roadway Plan & Prafile 11/2/2020 CRIU78 z2 Cu] Da 5at Pa�fng J.lf2/2020 23 5ignage and StrEping P[an 11J2/2U2D 24 Existing �rainage Area Map 11/2/282D 25 Proposed Drainage Area IV�ap 11/2/2az0 26 Drainage Area Catculations 11/2J262D z� over��� sto�m �yout ii/z/zozo 28 Starm Llne A P�an & Proflle 11/2/2020 23 Stortn Line A Plan & Proflle 3.1/2/2020 34 5torm Line A Plan & Prafile 11/2/2420 31 Storm Line B Plan & Profile 11/2/2020 32 Storm line C Plan & Proflle 11/2/2020 33 Storm I.ine C Plan & Proflle 11/2/2620 34 5torm I.ine C Plan & Proflle 11/z/z020 35 5tarm Line C Plan & Profile 11/2/2020 36 5torm Line E Plan & Prafile 11J2/2020 37 Storm A Laterals 11/2/2U20 38 5tarm C f.aterals �.3/2/z020 39 Private Detentlon Pand 11/2/20x0 40 Hydraulic �afculatians 1I/2/20ZQ 41 HydraulicCalcuiations 11/2/z020 42 In�et &�iight of Way Capacity 11J2/20Z0 a3 Erasion Cantro! PEan 11f2/2026 �44 Erosion Controf Detatls 11J�/z020 45 Pav�ng Details 11/2/2020 46 Paving Detai�s ii/2/2020 47 Paving �etails 11/2/2fl20 48 Paving Details 11J2/2020 49 Pa�ing Details 11/2/202D 50 Paving Details 11J2/2020 51 Paving �etails I1/2/202p 52 Paving �etails 11/2/2020 53 Storm Detalfs 11�2/Z020 54 Storm Detafls 11/2/2U20 55 Storm Qetatls 11J2/2�20 56 Starm Details 1J./2/2020 57 5torm betails �,1/2/20�0 58 5torm Details 21/z/2020 59 Special Headwall Detall 11/2/2020 60 5pecial Headwall Detai! 11/2/2020 61 Specfal Heacfwall Detafl 1��/20Z0 62 Iflumination Layout 11/2/202U fi3 Illumft�atloll Layouk 11/2/2Q20 64 �esign Charts 1.1/2/2020 65 1lfuminatfon Details 11/2/2020 66 Illumination Details il/�/z020 �. na� o6r,i�o US Activell i648335$1V 5 36�PagC EXFFIIBIT "D" COST OF THE WORK TI�e te�rm "Cost of the Work" is defined in Section 4,2 and includes the following costs: The actual Su�ervisoiy Cost {"SC") incurred by Cantrac#or of Coni��ctor's project maoagement and field supervisory persanneI assi�ed to the Projec�, wherever and whenever empIoyed in connection with the Work, flnly to the extent of hours actually worked on the Project and not to exceed forty (40) ho�rs per wcek, as follows: Senior Project Managar $ 84.00 per hovr Praj ect Maiiager $ 70.00 per hour Associate Prajact Manager $ 56A0 per hour Projeci Inte� $ 28.OD per hour Superintendent $ 84.00 per hour Assistant S�perintendent $ 70.00 per hnur Safety M�nager $ 52.50 per Ixour Safety Coordinator $ 42.00 per hour Field Engineer $ 45,50 per I�our The SC rates slxall remain �xed for the d�ration of the Project as set forth above. 7"he SC rates sef foifi.� above include all casts paid or incurred by Co�-►tractoz• for a11 labor hurden, including, without Iimitation, taxes, insurance, conh�ibu�ions, assessrnents and benefit� required by law or collect�ve bargaining agreements and, for pe�-sonz�el npt covereci hy such agreements, customary benefits suct�; as sick leave, medical and heaIth bei�efits, lxoli.days, bonuses, vacations, mobile phones, vehicles, coznputers and pensions. Field Labar Cost ("FLC") of �ie�d personne] who are in the d.irect etnploy of Coniractc�r in pe�a�7mance af the Work. The FLC witl consist af all actual wages determined, if applicable, under appropriate collective bargaining agreements and all t�e actual payroll t�es and insurance and actual fringe benefits. 3. Rental charges of alI rnachinery and equipment, exclusive of hand to�ls, used at the Project Site, whetl�er rented fram Contractor ar others, including installation, minar repairs and replacements, dismant�ing, remaval, transportation and de3ivery costs thereof, at rental and other charges consistent with those pret�ailing in the area of the Project at tlie tune of such rental. Such rental charges and transportation costs shall begin at such time as tl�e transportatian of fi�e u�achinery and equipment bei.ng rented t� the Praject Site begins and ends at such time as transportatian from kh� Project Site ends. The rental ra.ces far Contractor's eq�pznent sl�all not exceed eighty- five pe�cent {$S°1o) of the AED Green Book rates as published by the Associated Equiptt�ent Dealeis. Finthermore, the total z�ent�l casts associated with any item shall not exceed eigt�ty percent {80%) of such items purchase price. 4. The costs of tt�e insurance required to be maintained by Conteactor p�rsuant to Seation 14 af this Contr�act iu conneetian witl� its performance of �is Contract and the eost af prernie�ms from all bonds, if any, which Contractor is required by the Cpntract Doctunents ta pnrchase and raaintain. Cost of Iasses to tl�e Wark, which are not compcnsated by insurance or otherwise, ineluding "deduct�bte" losses, ta hhe extent such Iosses are not caused by tha negligence, breach of con�raci ar willfial misconduct af Contractor, its Suboontxactors or anyone alse for whose acts Contractor is Iiable. Sucli losses shali incl�de sett�ements made with the written cansent and approval af Owner, wl�ieh canse,nt shall not unreasonahly be withhetd. If such lass requires reconstruction r�. nar� or,Mgy�o 37 � P a g e US Acteve11165633581V-5 and Contractor is placed in chargc #hereof, Contractor shall be pai.d for its services pursuant to the change ordar provisions herein. 6. Sales, use, gross receipts, persanal propexty, excise or similar taxes related to the �Nork imposed by any governmenta� authority %r wluch Contractor is responsibie pw,•suant to the Contraci Dacuments. Fees and costs for perrnits for this Projec#, gavemmental �ees and Iicenses w3uch Contractor is ab]igated by this Contract to obtain; royalties; damages for infringement of patents aud casts of ciefending suits therefor; and deposits Iost due to any cause ot�er than Contractor's neg�igence, 8. Minor e3cpenses such as long distance telephone calls, teIepl�ane and iniemet service at titie �raject Site, field office supplies, firsi sid supplies, postage, pho#ographs and renderings, expressage, and reIated iniscellaneo�s costs incurred in connection with the Wotic, bluepri.nt and duplication casts. 9. Costs incurred due ta an emergency affecting the safety of persons and property in contxection with the Work, and the cost of safety equipment, procedures, and services required by safety and health regulations and Contractor's safety progcam. 10. Payments r�ade or ainounts payable by Contracto�• to Subcontractars for Wo�k perforrned pt�rsuant to subcontracts under the Contract Docu�ments, and to vendars for rnaterials, equipinent and supplies purchased for the Work, togethet- with the cost of transpartation, storage, unloading charges and installatian. 11. Cost of tem�oraiy of�ices at �e Pro�ect Site, facilities and utilities such as water, etectricity, powar and fi�el incurred in connection with the Work, including costs of cann.ection, crossing or protecting any publzc uiility instatlation or other pubIic or piivate facility and removal of temporary lines, cannections, tap fees, as well as costs incurred far traffc eont�ol, lane elosuxes, fencing, sec�uity and teinporaty enclosures aud constructaon. 12. Costs incui�ed by Contractor for tests or inspections required by the Contract Documents or Confi•actor's quality confxol program, laws, ardinances, rules, regulations or order of any public authority ha�ing jurisdic�ion aver the Project. 13. Cost not to exceed 3/10 af 1% {A03) muZtiplied by the GMP to cover the cast of (1) small power tools (defined as power tools costing less than $250 per tool} provided by Coct#ractaz- and used in the performance of the Work; and (2) expendable hand tools (definecf as hand tools not owried by the workers and not rec�uiring power to operate such as hand saws, pliers cIaw bars, sockets, rt�ops, Uamtt�ers, pipe wrenches} constuned in the performance o£ the Work. At completion of the Work, any expendable hand tools used but not consumed a.nd all s�aaa�l. powez' tools urili be the properry af Owner. 14. "Deductible" losses to the extent permitied to be charged ta the Cost of the Work under Sectian ld o£the Contraci. 15. AII other costs, liability and exQenses for other au�lays incurred or sustained by Contractor �s a direct result of tt�is Contract (including reasonable attarneys' fees) and which are estshlished by vendar invoices or other documen�, provided such costs are approved in advance of said action by Owner, which appraval will not unreasonably be witht►eld. x�v, nar� o6�yzo 38 � P a g e US Activell 166833581V 5 EXHIBIT "D-1" GENERAL CONDITION� ITEMS in connection wiih the Work, Contractor sha�l be responsible for, without refmbursement (and the Stipulated General Condit�ons Costs sY�aIl include) aii general conditions cvsts and associated scope a£ work, ineTuding without limitatxon al1 costs and services identified in this EXHIBTT "D-i". Contractor's total compensation fo:r the Praject's general condiiians sha3Z be the asnount of t1�e StipuFated Genei�al Conditions Costs as set forth in the Contract, subjeci to adjusfinent only as allowed by the Contract Dacuinents and approved in writing by Owner, The Contractox's Stipulated General Conditious Costs include, wzthout limitation, the following: Contractor's field ofiice expenses, including, without limitation: a. Contractor's field office mobilization and demobilization, fiubiture anc� furnishings; b. Field offiae janitorial, including removal oifield ofFice waste; c. Reproduction services (including off-site or customary) d. Conixactor's field office copy anacl�iues, fax raachines, telepliones, piYnters, scantters, paper shredders, etc,, necessary to effec�ively execute tlie Work; e. Contractor's iield of�ce computers and their associated saflwa��e, netwarking/infi•astructure and maintenax�ce; f. Contractor f�eld office telaphanes and telephane service; g. Johsite radios, cellular phones, ipads and other rnobile devises; h. Fieid Office zelated postage, couriei• and expiessage; i. Scheduling expenses; j, J'ob travel, lodging and meal expenses far non-local staff; k. Job meeting expenses; 1. Teinporary parking and laydown areas; m. Offsite storage facilities, as required, incIuding storage trailers; n. Off'ice supplies for fiela office; a Labor and Gravel associated with site meetfngs; p. Cons#ruction redGne dracvings; q. Project specific signags; r. All small tools and hand power equipment; s. All payroll and staff related expenses, including salaries, heneitts, ve�icles, transporiation, training, etc.; t. As buiIt and recard dacumern preparation; and u. Storage an-site of �quipment and materials 2. Coni�actor's home, main and/or regional office expenses, to the extent dedicated to the Projec� (and approved by Owner}, including, without limitation: a. Office space, equzgment, computei�s 8c soflware, phanes, and srxpplies used to support the Project; b. AI� payrotl and staff related expenses inc2uding salaities, benefits, vehicle, h•ansportation, txaining, etc.; c. Licenses, permits, and similar Project xelsted costs; d. All local, municipat, state, and federal iaxes; e. All Iegal, accounting, and prafessional fees paid to outside consultants; and f. All uti�ities, p�one and daix trans�nission expenses. 3. Ten�parary amenities for Contractar site act�vit�es, including, withaut limitation: a, Temporary electricity; R�, nar� osM�yao 39 � P,� g e U5 Active11 1 6683 3 581V-5 b. x��po� c��i�r�; c. Temparary fire protection; d. Fencing and protscted waIkways; e. Temporary water distribution and meters; £ Tert�porary eIectrical distribution and meters; g. Site erasion contral; h. Temporary ficld off'ices; i. Drinking water and accessories; j. Cleanup and dnmpsters; k. Temporary heat, water and �entilation; 1. Temporary protec#ion of tl�e Work; m. Refi�se and construction debris remo�aI and disposaI; n. Duinpsters; o. Scaffoldi.ng; p. Haists, rigging and temporary elevators; q, Cranes; r. �irst aid station; �. Tiucicing; t. Speciat equipment; n. Temparary proteciive enclosures; and �. Field and iaboratozy tests of construction materia�s. 4. Site cieariliness and housekeeping, iixcludiz�g, witliout limitatian: a. Daily site clean-up; 'Fhe Contractor shall maintain a neat and orde;•ly �raject Site, ka tlte satisfaction of Owner, and it shal! be fronrx debi-is, litter and clutter at ail times. The Contractoz' aIso shall keep the roadways and Project parkit�g lots, on and around the Project Site, clean, free from construction debris, suitable for their designed use and Contracwr shaIl provide washing of trucks and related equipment, as required. b. Bui2ding cleannp: The Contractor shaIl exisure that the Project Site is maintairied at a leveI af cleanliness deemed acceptable by Owner at alJ times and as otherwise required by the Contract Docurnents, from tUe inception of cnnstxuction through Project Acceptance. c. Final facilities cleaning; The Contractor shall provide the �nal intexior and exterior cleanings of the building and parking facilities to the satisfaction of Owner and as othetwise requned by the Cantract Documants. 5. Construc�ion trade training programs. 6. Health and safety pragrams. 7. Secwity programs. 8. Project infarmatian and documentation. 9. Construction managealer�t, adnninishation xnd supeivision Iabor. All payroll and staff reIated axpenses, including without limitation salaries, bena�ts, insut�ance, vehicle, transportatinn, trair�in,g, etc., of Contractor's emp}.oyees when engaged on the Consttuction Wor� and stationed at the Fie1d Office (or when working off�ite, as appro�ed by Owner}, including, but not limited to: a. Cantractor administration, management and supeivision, inciuding without timitation project managers, praject directars and pro�ect superintende�ts; b. Suraeying, including Registered Pra�'essional Land Surveyor and Iayout crew; c. Quality assurance/quauty cantroI persont�el; d. Safety personnel; and Rev. Date 06May�0 40 j P a g e US A,ctivc11166833581V-5 e. Outreach & Diversity Coordinator or related personnel. 1 Q. Tools and equipment related to those Conb'actor employees listed in pai�agraph 4 aUove. 11. Rental cbarges for temporary facilities, machinery, equipment and hand tools that are pravided by Contractor at t�e site and costs of transportation, installat�on, minar repaa•s, dismantling and removal. 12. Work Requirements a. Survcying eyuipment and tools; b. Miscellsneous support labor and coordination, including �.ny traffic conti•ol and temporary street c�asura r�quire�nents around the Project Site; c. 5t�rveying and layouts, including estabiishing and main#aining harizontsl and vertical conlrol a# all fvnes during the Wor�C; d. Inskallation, periodic inspectian ai�d t�e removal of texnporaiy P�•oject Site lighting, including specific task lighting, e. Instaliatian, periodic inspection and the :removal of emergency lighting; and f Installation, daity inspection and the removal of rniscellaneot�s temporaiy barricades, fencing, p�titions and otlier means of temporary separation/isolation on the Project Site during the consEruction pei-�od, including any teinporaiy covered wooden walkways for sidewalks. 13. Miscelianeous minor const�'uc#ion wark. 14. All other costs and expensas rautineiy and customarily recognized and othei�vvise treated as genera� conditions. Rev, Date 06May20 41 P a g e U5 Activelt1668335$1Y-5 EXHXS�T `�E" OWNER'S SEPARATE WORK None. �V. n� o��o �42 � P a g e Us n�e�au6cs33ss�v-s EJ�iIBIT "F" WEEKLY & MONTHLY REPORTiNG MATRXX (attached) itev. Date 06May20 43 � P a g e US Acflv�Ili66833581V 5 � � _ n a � � Q � X �� g O 0. �. L � C � � d S9 CJ � W � GJ � � �"' C � C � �l d s � d 3 N W 'x � � N � 1 '' ����� ��� � �������� ������� ��� ��� �,■�� ■�� , ,,,, �,,, �,,,,, � � � � „� �4 � m c 0 a � m c a C O � S � O �w � �' � '� i�+ � � � ' y � Ih � � � „� o N���� � � � � � �aCSu°b � c � Q � o �' aet� � � c � � � a a „ .. Q � o D 6 P. R a � � �� � u y b � � � W � � �g � t s � � n C G m � � � a � m}`j mmgOY � a a z S = - � � " � c �o �' x � �e � Q ��%���'X $ � ��3 �.�: ��hLL �5 tg � m c � V � � v ,� $ � a � O�W�°g�S ��o���� m C � �Wy � � V � m U C m a az � � tlI � q �m;,�a��� A � � 'v"`� �i 'S v P� i+�ac ���� � ig: o � � d a d uT'i C� 7� t9 a� a a m � � E � � � a �1 � n � a E G �q� � � � � r m 3. y � � � � � � a `c b yO C � & � n a � c c � � � w � Q �'aoc� � � g � p 4 U 4 G � � N .� � � C C � � � � � � � � � � � � Q � �� � �A.� � � '� � � .� �' � w � 4 $ � � 3 �� � -0 $ � � � $ ��� s � • i EXHIBIT `�G" C4NTRACTOR'S CERTXFICATE 4F COMPLETION certi�es that (a) it is the huilder of the Project at , and (b} the Work (as defined in that certain Construction Manager at �iisk Cost Plus wit��a Gua;ranteed Maximurt� Price Const��tation Contract between the undersigned and da.ted , 20� ("Contaraet"} bas been completed substantially ia accordance with the Plans and Specifications as rnodified and reflected in the Record Drawings, as those tetms are deiu►ed in the Contract, CONTRACTOR: r� Tit�e: x�v, aace o�ey2o 44 I P a g e US Acfive11 1 6683 3 5 81V-5 EXAIBIT "H" SUBCONTRACTOR BIDDING PROCESS I, Bidder's List. • Cnntractor shal! deveIap pre-qualification cnteria to be reaiewed and reasonably approved by Owner. Conf�actor shalt submit %r Owner`s re�iew the pz•e-quaGfication forn� and bid specification package (collectively, the "Bid Specificatiou Documents"} to be delivered to eacli bidder and to be used iuz evaluatix►g bidders in each of the hade categories. • A.patential bidder's list af approved pre-qualified biddei�s wiil be develaped by Contractor for each st�bcontract category. Such list will be reviewed with Owner and amended to reflect mutually agreed-upon changes_ • Tiie bidder's list for each suhcontract category can be added to a�i� deleted from any ti.me up until award of subcontract with the priar written reasonable ennsent of Owner. • Bidder's lisf.s will be deterrnined based on the pre-quaiificatian criteria approved hy Owner, the bidder's qualifications, }�ast experience on simiia�� ty�e p;rojects, availability io do flie Work, �naucial st�•ength, and previaus l�istory with doing business wEth Caniracto�•. 2. Review of Bids. Contractor shalj obtain bids from at ]east three {3) pre-quatified Subcontractar bidders for each part of t�a Worlc, e.�ccept as may otherwise be approved in writ�ng by Owner. If it is not reasonabfy practicalale to obtain three (3} bids or proposals for any pat'tion af the Work, thert Contractc�r shall submit, in adva�ce of the bid, a written statemant of the reasons for such inability tn Owner. All bids receitved for a specific Work task will be opened for re�iew a.fter the de�ined closure time and �ate as speci�ed in the Bid Specificatian Documents. The bids w�ill be npened and reviawed by Contractor for, but not Iirnited to: completeness, eomptiance vvith bi� request, doltars �ersus budget comparisan, and ability of Suhcantractor to comp3ete carnrnitment. Qwner may participate in the bid review process if it so elects, and Owner reserves the right to review aII subcontract bids and ko jointly cont��et with Contractor's Subcontractors to verify t,�eir respective bids. 3. SeIecrion of Subcontractnr. After review of bids, Contractor shall submit in writing for Owner's appro�al an analysis of the bids ar proposal� received, Conlxactar's recommendaiions far award, and any required post-bid adjushnen�ts ta ensure that all of the Work is covered by approved subcontracts (or by Self Performed Work). Oi�]2r W�i2 ieS�iVe rhe right tn reject any ar all of Con#rac�or's recomrn�ndations to award and, if justified by good faith reasons, to select any bid regardless of cost, but will pay any malerial cost detriment to Contractor in connection wi#h such ac�on. Owner shall also ha�e t�e right to require Contractor to rebid any portion of the Work. Tf the Rev. Dale 06May20 45 � P a g e US Active111G6633581V-5 exercise by Owner of these rig�ts creates a ma�erial and adverse delay in the critical path of the scheduled progress of the Work, such delay shall constitute an Exoused Delay for purposes of this Conb.�a.ct. Cantracto�• will not be requ�red to accept bids which are reasonably unacceptable to it or to do business with any Subcontractor ta whorri Contractor has reasonahle objectian. Owner's approval will nat be uareasonably withheld ar detayed, but the approval hy Owner af any subcontract shall not be co�strtxed as creating any conirac#ual relataonship betvyean any Subcontractor and Owner. Cantractor shall notify Owner of khe award of each subcontract within thirly (30) days pf the award and shall provide the name of the 5ubcontractor, the amount of the subcontract, and a brief description of the scape of Work under the subconiract, R�. n8� o��ao 46 � P a g e US Active11 1 668335 81V-5 EXI�IBIT aaY� GENERAL REQUIREMENTS 1. Outline Speciftcation prepared by VanTrusi ReaI Estate dated March 9, 2020 (a�tached). 2. Interiar Concrete SOG Design Guideline prepared by Struciural Seivices datcd May � 7, 2018 (attaohed}. x�. �s� odn�ayza 47 � P a g c US AcEivell l fi6833581V-5 EXHIBIT �°J" SCHEDULE SPECIFICATYONS & REOUIREMENT� Part 1 Gcnera4 Z.1 S�bmiitsls 1.2 Scheduling Representation 1.3 De�'mit�ons Part 2 Sched�le Der�elo ment 2.1 General Requireme�ta 2.2 Project 5chedulc Subm�ssions 2.2.1 Prelimin�ry �aseline Project Sched�ie Snbmssaion 2.2.2 Baseline Project 3chedule Submissian 2.3 Project Schedule Detailed Requirements x.3.1 Levei af Detail Required Part 3 Sched�le May►asemant & ControI 3.1 Submission Reyuirements 3.1.I Schedule Upda#es 3.1.2 Early Project Completion 3.1.3 Deiault Progress Data Disallowed 3.1.�4 Out of 5equence Pragress 3.1.5 Monthiy Pe•ogress Reco�e►•y 3.1.6 B�sis [or Payment 3.L7 Deta Subm9ssi�on 3.1,8 Narxative Report 3.1.9 Approved Changes Veri�cation 3.1.Y0 Schedule Reports 3.2 Pay Appl�r.�iion / 5chedule Revieiv Meeting 3.2.1 Update Submission FoUotiving Schedule Review Meeting 3.3 Reque:ts far'1'ime Extens3ons 3.3.1 �aatificallon of Delay 3.3.2 Suhmission Requiretnemts 3.3.3 Weather Day� 3.4 Directed Ci�anges 3.5 Progress Meettngs 3.6 Ownerahip af Float Rev. Date 06May+LO 48 � P a g e LTS AcG�e111b6833581V-5 Part 1 General l,l Submittals Constructinn 5chedule Submittals following Contract Award a, Preliminary Basel�e Pmject 5chedule b. Project Schedvle Baseline c. Manthiy Project 5chedule Updates d. 'I'hree Week Laok-Abead Schedules 1.2 Schednling Representaiaon Cantractor should designate an authorized rapresentative to be responsible for the preparadan of the schedule �nc{ all required updating activity status and pi�eparation of reparts, The authorized representative shall have previously developed, cre�ted, maintained, at least two elecironic schedules far projects similar in nature and complexity to this project, Tliey shall be e�cperienced ia the use af the scheduIing soitware that meets tl�e reqvirements of this application. 1.3 Def"�nitiq�s a. "'Coyih•rred .4}�ur��" means the ciate tha# Owner executes Nse cantract far services b. "Resoin•ces" means the amount of ma�i-13ours or equipme�t needed ta execute the contractors given scope of services c. "Cost " ineans the agreed upon compensatian amount for a defined scope of wa•k as broken down in the Project schedule of�alaes as defined in Article 7.1.5 d. "Cr•itzcal PaaJ:" means the longest logical scheduYe patl� througl� the Cnnt��ctar's activities and ending at project compietion e. "Logic Ties" means the use af de}�endencies or relstionships in ttee Cxitical Pat3i Method schedule between eacIf defined schedule task £ "Milestntre Date " ineans a specific portion of the Contractor's Services ar a specific deliverable as defined by the Contract Documents g. "Schedule" means the detailed CriticaI Path Methad (CPM) netwark approved by the Owner for the pe��'o�mance of Seroices identified in the executed Contract. ParE 2 Schedule Develoument 2.1 General Requirementa a. Prepare for approval a Project Schedule, as speciited herein. b. Show in the sche.�vle the sequence in which the Caniractor proposes to perform the work as�d dates on which the Caatractor con#emplates starting and compledng all scheduled activities. a'The scheduling of the entire project, including the design, if applicahle, construction sequences and cammissioning, is required. d. The sebeduZing of the project is the responsibility of the Contractor. e. Cont�actor management personnel shall actively participate in its de�eloptnent. f. 3ubconhactors and Supplier's Designers, Subconlractors and Supplzers working on the projeci shall also contribute in the developittg and mainffiining an accurate Project 5chedule. g. They are to provide a schedule that can be used for plazuung and coordinating the project as well as monitoring and managing the pro�ec� h. The Praject schedule shall be logic driven, schedule utilizing the Critical Path Method {CPNI). i. CPM is a nctwork diagrsmming techniqne where the relationship or dependencies are used to show the sequence in wluch activities are to he performed. j, Use the approved Project Schedule to measure t�te progress of the wor�C and ta aid in evaluating ti�rte extensions. �.•, na� o6Mayzo 49 J A a g e US Active11 1 668335 81VS k. If thc Contractor fails #o submit any schedule within tF�e time allowed, the Owner may withhald appro�al o€progress payments until tlie Conhactor submits the required schadute. 2.Z �raject Schedule Submissions The Contractor shaLI provide tiie submissions as described below. T'he data CD, reports and network diagrams reqaired for each submission are contained in paragraph Submission Requiremenis. 2.2.1 Prellminary Baseline Project Schedale Submissian a. Submit the Prelirnina�y Pro,�ect Schedule; de�rning the Cantractor's pla�ned operarions for the first �inety (90) calendar days for approval within iif'teen (15) calendar days afier the Contract Award is acknowledged (if not a�ready included in the Contract). b. Detail it for tha #irst ninety (40) days at a rninin�um. c. It may be siunmary in nature for the remaining perfarmance period. It must be eariy start and late finish constra�ed and logically tied as specified herein. d, The Preliminary Project ScheduIa for�vs the basis for the Tnitial Pi,ojsct Schedule specifted herein aod mvst include a(1 the required Pruject preparations, subn�aissians and approvals identified in �lie cantract. For example, the Quality Controi Plan, the Safety Plan, flze Environmental Proteetion Pfan, as well as design and / ar delegated destgn activitics, the planned submissions of a!1 eariy permittiug activities, desig� review conference acqvities and othex• non-constructian activities intended to occur witliin the first 90 calendar days. e. 5chedule any cnnshuction activities planned for the first 90 calendar days after the Cant�aet Award. 2.2.2 Bgseline Project Schedule Submisslon a. Submit the Saseline Project Scheduie for approval within forty-twa (�F2) cafendar days after the Contract Award, Notice to Praceed, or Contract Execution, wluchever is earlie�•. b. No later than se•�en {7} calendar days following ti�e submission of the ScheduIe, the Owner and the Conb�etor will meet to discuss the Owner's findings. c. Se�en (7} calendar days %llowin� the Ovvner and Contractor's �x�eef.ing, the Cantractor wil! incorporate aLI necessaiy changes and resubrr�it ta t�e Owner for consideration. d. The above process of resubmission, review meeting, and inco►poigted corrections will continue until the Contractor suhmils and the Owner approves the Schedule to be used as the basis for the Baseline Schedule. 2.3 Project Schedule Detailed Requirements The computer soflware system utiiized by the Contract�r ta produce and update the project schedule shalf be capable of ineeEing all requirements nf this specificateon, Failure of the Contractor ta meet the requirements of this speciftcation wi11 result sn tlae rejection af tlie schedule, Scheduling sofhvare will be Prlimawera 3.1 or late:# vers'roa, Microsoft Praject or as a�pra�ed by Owner. 2.3.1 Level of Det�il Reqnired Develap the projeat scheduIe ta an appropriate Ievel af detail. A Detailed Activity s1�aI! have the following six attributes: a. Clearly defauued scaiting poirzt b. Clearly defined wmpletion point c. Tasks that represent the perfarmance nf the Work, including tangible deliverables or products d. General identification of t�e resources required ta perform the Work e. Can be easify measured during the perfarmance af #he Detaited Activity reIating ta the Work f. Hss a single saurce of responsibility or Ownership R�. na� a�+aa�o 5fl f P a g e US ActiveV Ib6833581V-S All Detail Activities in the Sohedule wiLI be Iogically tied to other activities in the netvvork reasonably representing all of the controIling relationships between lletailed Activifies. The W�rk must !�e braken down inta sufficient detail ta show t�ie interdependencies between activities by trade and type of work. In addition, stert-to-start, f nis6-to-frnisl�, or start-to-finish rela#ionships shall he �sed at a minisnum. In addition, the project schedule wili include, but is not limited to, the follnwing characteristics and requirements to deEermine t�e app�npriate levei of detail: Z.3.1.1 Activity Durationa Contractor submissions sbal] follow the �irection of t�Ze Owner regarding reasonable activity duralions. Reasonable activity duxaiions are thase that allow tlae progress of angning actir�ities to be accurately determined between update periods. Less tl�a� 2 percent of all non-procurement acEivlties shall have Original Durations (OD) greater than 20 wark days or 30 ca[endar days. Procu��ment acti�ities are defined herein. Z.3.I.Z Activity TD & DescripE�ov Each Activity ID nurnber shall be unique, Once t�e Schednle l�as been a�pa•o��ed and desig�ated as a Basetine Schedule, each Aciivify ID number created in the Schedule will remain the same and shgll nof he reassigned a differes�t Activity ID or different Activity Descrip#ion which would clt�nge the intended scope of work. The Owner may request a standardized numbering system (smai# activity identifier} ta bc used ta assist in activity sortirig and grou�ing. Each Detailed Actir+ity shall be described in suffcient detai! as to fuiiy describe the Work to be performed. Creneric ter►ns or description wiIl not be accepted. 5ummary activzties and milestones sf�ai� be clearly indicated. The description shall be structured �vith a verb (actian) and a deserlpkion of Ehe work, that tha actinn refers to and its location. lAn exantpla is; "�et Structural 5tee1 Level 1."} 2,3.1.3 Design and PeR•mit Activities Design and permit activities, follow-up actions and desiga package submissiun dates, sha116e iniegrated into the schedule. The Contractor shaU include the design schedule in the piojec# schedule, shawing thc sequence of events in�olved in carrying out the projcet design tasks within tlie specific contract period. This shaEl be at a detailed level of scheduling sufficient to idetttify all major design tasks, including those that control the flaw of work. The schedule sha21 include xeview and cotrection periods associsied with each item. 2,3,3.4 Procurement Activities T�e sched�le must include separate acti�ities associated with the submittal, appraVal, procurement, fabrication and delivery af long lead materials, equipment, fabricated assembliea and su}splies. Long lead procurement activities are ihose with an anticipated proctu�ement seguence of aver 90 calendar days. A typical procurement sequence consists of, but is not limited to, the string of acdvities: submit, �pprove, fabricate and deliver. Z.3.I .S Nfa�datory Tasks The follawing tasks, if applicable, �nust be included and listed as separate line activities. �urthermore, the preparation of submittals are ta be separate activities from the rewiewlapprovaUacceptgnce activities, with the Owner's review/approvallaccep4atice having a�propriate d��ations as specified in submittal procedures xnd praperly scheduled: Rev. I]ate 06May20 51 i� a g e US Activc1l16b8335S1V 3 a. Contract Award and Notice to Proceed if not the same h. If required by Contract, submissian and approval of testing and air halance process (TAB) c. If required by Contract, submission of TAB specialist design review repoi�t d. If required by Contracl, submission and appim+al of testing and balancing of HVAC plus commissioning plans and data. Develop the scheciuie lagic associated with testing and commissioning of �nechanical systems to a level of detail. e. Disruprion af existing faci2ides f, Equi}unent start-up g, System coinmissioning h. Air and water balancing i. Performance verification tesfing j. Otiier system testing, if required k. Cont�actor's pre-�nal inspecfion l. Correction of punch list items from Contractor's pre-final inspection m, fmal inspection n. Carrection ofpunch tist items firom fnal inspection a. Submission and ap}sroval af O&M manuais p. Subrnission and approval of as-built drawings q. Final inspection r. Substantiai Completion s. Fina� Completion 2.3.L6 O�vner Activities Owner and Contxactor to discuss anticipated Owner's 5eparate Work. Show Owner activzEies Ehat could imp�ci pro�ress. These activities include, but are not limited to, approvaUacceptance, design re�iews, enviranmental permit $ppa•pvals by State regulators, inspections, utiliiy ti�ins, ��vmea Fu��nished Eqvipment (OFOI, OFCI & CFOI, etc), and Natice to Proceed for p6asing, if any. 2.3.1.7 Activity Codes The following acrivity codes are required on esch schedule acrivity. 'fhe Owner reserves the right to reyuitre additional coding if necessary. A,dditionaI codes can be used at the Conh�actors discretion. 2.3.1.7.1 Actrvity Responsibility Coding (RESP) A!1 activitiea shail be identified in the project schedule by the party respansible to perform the work, Respansibiiity includes, but is not limited to, tl�c Subcontracting firm, Contractar, Owner or Owner performing a given task. Activities coded with an Owner responsibiiity cade include, but are not liruited to: O�vner agpro�als, O�vner design reviews, en�i3'onmental permit approvals by State regulatorsy Owuer Furnfahed Er�uipment (OFE), and Contract Awarc€ for phasing req�irementa. Code all aotivities not coded with an Owner's responsibility code to the Prime Cantractar or Subcoateactor responsible ta perfarin the work. F�camples of acceptable code values are: DOR for Designer of Record; EL�C for the electrical subcontractor; MECH fot• the cnechsnical subcantractor. Unacceptable code values are abbrevisEions af subcontractor names. �.3.1.7.2 Pliase uf Work Coding (PAAS} Rev. Date 06May20 's� � P� g� US AcYive111Gb833581V 5 Assign Phase oF Work code to all activities based upon the phase of work in which the acti�ity accurs. If t.he contract speci�ies cazastruction phasing with specific sepa�rately defined perFozznance periods, identify a Cons�uction Phase Code ta ailow filtering and oiganizing tlie scbedule accordingly. Exatnples of acceptahle code values are: SUMB far Start up & Mobiliz�tion; DSGN for De�ign; PROC for Procurement; C1�IST �'or ConstrucEian; COMM for Testing and Commissioning; and CI,OS for Pro,�ect Closeout. 2.3.1.7.3 Aciivity Work Area Coding (AREA) Assign Wark Area code to activities based t�pan the work area in which the activity occurs. Define work areas based on resource const��ainis ar space canstra�pts thai would preclude a resource, such as a parficular irade or crsft work crew, fram working in more ihan ane work area at a t#me due to restraints on resourees or space. Examples of Work Ares Coding inciude different areas within a floor, and different �uildings witF�in a complex of buitdings. Activities that do not fall under a specife area; i.e. Notice to Proceed, siiall use a code PROJ far �roject. z3.1.7.4 Work Sequence {WKS) Assign Work Sequence cod'mg to all acti�ities �GCPL'C�illg t0 the work sequence whicli hest describes tlie activity. Work Sequence code siiall include, bat is not limited to: Submittals, Fa6rication, Delivery, Site Work, Foundation & [3nderground, Sta•acture, Enclosure, Rough-in, F�nishes, and Clase-out / Turn-over. Assign a Wark Seqaence cade to each activity. Z.3.1.7.5 Level {L� Assign Levei coding to all activities based upou the level 1 elavatian in whicl� the activity occurs. Z.3.1.7.6 Conixact Changes or CunHngency Moditicat�on {CC) Assign an acti�ity cade to any aciivity or sequence af activities added ta the schedule as a result of a Change Order, Contract Cantingeney ot• Owner Coniiagency modiflcation, tivhen approved by t3ie Owaer, mlCh a Coatrsct Changes / CC code. Key ai� code values to the Owner's Change Drder numbering system. Any activity or sequence of activities added to the schedale as a result of changes m�de by the Owner msy be added ta a copy af the current schcdule, subject to the approvai of flie Owner's Representati�e. Assign activity codes for these activities wikh a Contract Ch9nges 1 CC code. Key the code values to the Contract nnmbering syste�t. Approvai to add these activities does not necessarily mean the Owner accepts responsibility and, therefore, liability for such sctivities and any assaciated impacts to the sc�edule, but rather the Owinez rccognizes sucb activities are appropriately addcd to the scheduie for the purposes of maintaining a r�aGstic and meax�gful scheduie. Sunh activities shall not be Responsibility COCIP.d t0 Lb6 Owner unless appraved. An aotivity sbal] not have mare tl�an one Contract Ct►ange 1 CO code. x�. ngt� ob�rayao 53 , P a g e US Active11166$33581V-5 2.3.1.8 $cheduled Project Comgletion snd Activity Calendars The schedWe intervai sl�all e�e#end from the Contract Ativard to #La reguired contraci cnmpletion date. The contract completian activif.y (End Pro,ject) shall f�niski based an the required ccmtract duration in the accepted contract proposal, as adj�sted for any spproved contract time cxtensions. Se.�►edule aclfvitie: an a calendar to which the act5nity logica�ly beiQ�+gs. Activitfes may he as�igaed in a'1 day calendar when the enntract assigns calendar day durations far the activity, such as the Owner'a Acceptance activity. Tf the Conb•actar intends to perfotm physscal work less than 7 days per week, schedule the associated activities on a calendar with non work periods identif ed including weekends and halidays. 2.3.1.9 Pro,�ect Start llate The scltedule sitall start no earlier tl�an the Contract Award date. Include .�� the first ac�ivity in the project schedvle an acGvity called "Start Pmject" or Contract Award. The "5tari ProjecP' activity shail have an "Early Start" {E5) constraint date equal #o the date the Contract Award was aclaiowledged, and x zeiro day duration. 2.3.1.1U Schedule Conah•aints and Opan Ended Logic Carnpletion of t3�e last activity in the schedule shali be conshained by the contract campletion date. Schedule calculations shall resuIt in a nega#ive Float whea the aalculated Early Finish (EF� date of the last activity is later than tha Cantract Completion date. The Contractor shall include as the last activity in the project se:}iedule an activity called "End FroJeet," The "End Project" acd�+ity shaIl have a"Late Finish" (LF') constrsint date equal ta the contfact completion date for the pi�aject, with a zera day duratian, or �y using tltie "Projeat must finish by" date in the scheduiing sattware. The schedule sl�all have no coustrained dates odiar than those specified in the contract. The vse of artiffcial float constiaints such as "zcro free float" ar"zero totai float" ai�e typicaily prolu'bited. There shall onIy Be two open ended act3vities: Start Project (ox Contract Award} witii no predecessor logic and End Project with no successor logic. 2.3.1.11 Negatirre Lags and Start to Tinish Re�ationshlps Lag durations contained in the pinject schedule shall nat ha�e a negati�e value. Do not use Start to Ff�ish (SF) relationships. 2.3.1.12 Calcu�ation Mode Schedule calculations shall retsin the togic between predecessors and successors even when the successox activity starts and the predecessar activity b�as not finished. Software feah�res that in effect sever the tie between predeeessor and suecessor acrivities when the suecessor has started and the predecessor iogic is not satis�ied (`progress override'� wi11 not be a�lowed. Z.3.I.13 Milestones Tiie schedule musi include Milestone acEiviries for each significant project event including, but not limited to: foundationlsuhstx�cture canstrnctiou complete, superstruchire construciion complete, buiIding dry-in or enciosure complete R�. �� o�uayzo 54 � P a g c US Active11166833581V-5 pe.rmanent power comiplete, HVAC start up begins, bui�ding systems commissioning complete. 2.3.L14 E�rnings and Cash Fla�v Regort The Contractor will submit with the Prelimiaary and the Baseline 5chedule a schedule of anticipated earninga/cagh flaw for the p�roject in a format acceptable to the Owner. This repoi�t will shaw on mQnthly basis ihe anticipated cash outla.ys for the entire project duration. Part 3 Sc�edule M�asement & Control 3.1 3ubmission Requirements Submi# flie fallowing items fo�• the Prelirntinary Scliedule, Baseline Schedule, and every Pe��odic Schcdule Update througl�aut the life oCthe project. 3.1.1 Schedule C7pdates Conh�actor sha�l update tl�e Project schedule on s monthly basis and subinitted wit� or prior to submission of the Application for Payment and pitior to submission af any "pencil draw a�plications for payrnent". The updates will include: a, actuaf start dates, b. actuaF f�sh dates, c. remaining duraflons, d. gliysicat percent completions, �. and any ot�ier critical status ite�ns requested by the Owner. These su6missians wzlt enable the Owner to assess the Conhactor's pragress, If the Contr�actor fails ar i�efuscs to fiu•nish the inFormation and project schedule data, which in the reasonable judgment of flie Owner is necessary for verifying the Cnntractar's progress, the Contractor shall be deemed not to have provided $n estimate upon which pragress payment can be made. Upan compleiing each scheduie update, the schedule software file shaIl be saved and named saqucntially so it can be coxnpared to prior or future updates. Update information, including: a. Actaal Start Datcs (AS), b. Actual Finish Dates (A�, o. Remaining Durations (Rl]), d. Percent Camplete shall be subject to t�e approval of the Owner prior ta the meeting. As a minimum, address the following items on an activity by activity hasis during eaeh progress meeting, pragress report or schedule update. 3.1.1.1 Start and Finish Dates Accurateiy ahow the status oi #be AS and/or the AF dates far each activity curremly in- progresa or completed since the last update. 3.l.l.Z Remaining Duration and �'loat Update the estimated Rexnaining Duration (RD) for all incomplete activities ixidependent of Percent Complete. Remaining Durations may exceed the activity Original Duration (QD) or may exceed the activity's prior npdata RD if the Owner cansiders the cun•ent OD or RD to be understated based on the curi�enx progress. Show fioat for every activity. x��. nar� ue�ay�a 55 P a g e US Active11166833581V-5 3.1..1.3 Percent Complete Update tlie physical Percent Complete fnr each activity in pmgress, based on the realistic assessment of earned vatuelwork in place. Acfivities which aze comglete but have minor punch list items and whiah �o nat restrain tfie iniiiation of successor activities rnay be declared ]O(}% camplet�, upon completion and correction of a11 punch list work identified during the Owncr Pre-finai Inspectian. 3.1.1.4 Y,ogi�c Changes Specifically identify and discuss all logic changas pertaining to NTP on change orders, Change orders to he incorporated into che schedule, Contractar p�roposed cl:anges in work sequence, Co�Tections to schedule logic for ont of sequence progress, and Other changes that have bee� made pursuant to contract pi�ovisions. Thc Owner wil1 only approve logic xevisions for the purpose of keeping the schedule valid in terms of its uscfulness in calcuf�tiog a realistic completion date, correctfng erroneoas logic tie�s, and accarately sequencing the wor�. 3.1.1.5 Other Changes Otiier changes reguired due to delays in completion of any activity or group of activities include: 1) Delays beyond tbe Con�ractor's control includ'u�g weather. 2) Ghanges requ�red correctit�g a scheduIe that does not represent the actual or planned execution and progress of tl�e work. 3.3.2 Early Project Completian The last act#�vity shali have a�ata �a�ish constraint equal to the contract req�ired compietion date so tiie schedu�e calculation witl result in poaitine float, if t�e pro�ect schedule pi�jects a completion date pxior to the contract required coxnplet�on date. The Owner wiil not approve an early completion schedul� witls zero float on tha longest pafli. The Owner is under uo obligatton to accelerate activities or sapport a propased early contract compfetion. 31.3 Default 1'rogresa DaEa DisaIlawed Actual Start and Finish dates shail not he sutomatically u�dated by default meehanisms that rnay be included in the scheduling soflware. Activity Achtai Start (AS) and ActuaE Finish (AF) dates assigned during the upda�ng proccss sltall matcl� those dates pmvided fram the Contractor Reports. Faiiure of the Contractor to documeni the AS and AF datcs on the dai[y repart for e�very in-progress or completed activEty, and failure ta ensure t4�e data canEsined in the dai�y report �nay rssult in the disapproval of tEie Contractor's updated schedule and #hie inab�fEity of the Owner to e�al�ate tiie Contractor's grcagress for payment pttrpases. Updating of the Percent CompFete ar�d the Remaining Diu'ation vf auy activity shall be i�ndependeni fur�ctions. Disahle progr'um features which calcuIate one af these parameters fro�n t,�e other. 3.1.9 Out of Sequence Prugress Con6ractor shall pnopose logic corrections to eliminate all out of sequenee progress ar justify not chan�ng ti�e seq�encing for appmval prior to submitting an updated p�raject schedule. Correct out of sequence prog�-css that continnes for more tlian iwo update cycles by logic revisions, as approved by the Owner. x�. nar� o6��y�o 56 � P a g e US Active11 1 6 6 83 3 581V-5 3.1.5 Mo��tLTy �rogress Recovery If per the Agreement, tlie Coatractor falts behind the appraved schedule, the Contr�actor shall taka steps necessary to improve its progress to achieve the cnntractual milestone and/or campletion date{s), without additional cost to the Owner. Tn this circwnstance, tb�e Canfractor may �ncrease the number af shifts, overtime operations, daya of work, �nd/or t�e amount of construction perao�nel, and to s�bmit for $pprovaf any supplemenEaiy achedule ur schednles to the Owner to demnnstrate how the approved rate af progress wlil be regained. The Owner resezves the right ta withhold payinents to the Canh�actar until a reason,able Recoveiy Schedule is submitted to and accepted by tlxe Owt�er. Ali costs assaaaated rvith the preparation and Ofvner's re�iew of the Recovery sched�le shall be the Contractor's respansihility nnless the delay was caased by Excused Delsy. 3.1.6 Basis for Payment Lack of an appro�ed scheduie e�pdate, or qualified scheduling personne�, will result ui the inabi�ity of ti�e Orvner Ea evaluate conhact earned valne for the purposes of paytnenk Failnre of the Contractor to provide afl reqnired infarmation wiil result i� disappro�al of tFae entire pro�ect seb�edule submission �nd the inability of the Owner ta ava�uate tlse Contractor progre�.s far payment purposex. In tE�e absence of su approved schedufe, Ll�e Owner may withhold approvad of reqvests for prog��ess payntents. In the case where project schedule revisions are required in arder to regain progress, and those revisions have not been inch�ded i� subsequent revisions or updates, tl�e Ownea• may witl�f�old pa}nnents until such i�evisions to the project schedule have been made. 3.I.7 Deta Submissian Emsil the project schedule in the backup foimat and .pdf formatted for llxl7. Label each �le indicating the type of Schedule (Preliminary, Initisi, Update,) full cont��act number, Data Date and file name. Each schedule file sUbmitted shatl ha�e a unigue file name as established at the Preconstruction Meeting. 3.1.8 Narrative Report A Narrati�e reporE sh�lI be provided in the monthly repor[s, as the basis of the progress payment re�qu�st. The Nazrative Repork shall include: a. a description of aetivities along the critical path, b. a description of aurrent and anticipated prohlem are�s or delaying factors and their impact, and an explana#ion of carrective ac#ions taken or requirerF to be taken. The Narrative Report is expeoted ta conm�uniaate on aIi matte�rs deemed significar�t by the Owner, the Con#ractor's thoraugb analysfs of the schedule out�ut and current project aanditions and i#s plans to wmpensate for any problems, either current ar potent�al, whsch are revealed through t�at analysis. Identify and explain why any activities t�,at, based their calculated late dates, should ha�e either started or �nished during tt�e apdate period but did not to t�e extent that Contracbor fails to provide to Owner a iis� of extra work known by Contrac#or as of the date of the sched�le data dafe for which Contracbar ar its Subcontractors will maice a claim for a Change Order, Conlractor has waived its right to subsequently submit alI such claims and costs to Owner for t�eimbursement. 3.1.9 Appraved Changes Verit€catian The Narrati�e Report shsll specifically reference, on an activlty by activity 6asis, aII changes made since the pre�ious period and relate each chaage to dncpmenied schedale changes. Rev. Date U6MaJ20 S7 I P a g e US .4ctive11166$33581V� 3.1.10 Sehedule Reports Thc format, filt�ring, organizing and sorting of each achedule i�eport wiIl be defined at the Preconstructian Mceting. Typically repaits shall contain: Acti^vity Numbers, Activity Descriptions, Original Duration, Actual Durat�on, Remaining Dm�ation, �arly Sta�t Date, Early Finish Date, Late Start Date, I,ate Finisli Date, Total Float and Percent Complete. The fnllowing iists reports that are required for each schedule submission. 3.1.IQ.1 TLree Week Look-Ahead 3.1.1U.2 Critical Path �ogic Diagra�n 3.1.1Q.3 'Cotal F�o�# Report A list of all incoxnplete activities soi•ted in ascending ordcr of total float. Acfivities which have the sanne amount of tntal llost siiall be listed in ascending order af �arIy St��t Dates. Completed scti�ities shall not be ahown in t�is report. 3.1.14.4 Earnings Report and Cash Flow Report A compilation of tha Contractor's Toha] Esinings on the pz'oject from the Contract Award to the Data Date. This report shail rcflect the eainings of specific activities based on the agi-eemcnts made in the scheduEe update tneeting defined hrxein. Tite Con�actor will provide and update month�y a cash f3ow report for the project showing acival earningslbillings compared to the origina3 cash flow estimate. 3.1.10.5 Gantt Chart Schednle A Gantt chart schedute for�nat is required fnr the Preliminaxy, Tnidal and Periodic Updates. The schedule sliall d�pict and display the order and interdependence of aetivities and tlie sequence in whieh the work is to be accomplishecl. The Owner will use, but is not litnited to, �e fallowing canditians to revicw complianoe with ttus paragraph: a. Continuous Fiow — Diagrams shall show a continuous fiow fram left to right with no airows from right to left. The activity number, description, duration, and estimated eained value shall be shoivn on the diagram. b, Project Milestone Dates — Dat�es s�all be shawn on the diagram far start of project, any conhact required interim completion dates and contract completion dates. c. Critical Path — The Critical Path s�all bc clearly shown. d. Banding — Organize activities as directed to assist in the undetstanding of the activity sequence. Typically, this �ow will group aetivities by category of work, work area antVar responsibiRity. 3.2 Pay Applicaiion 1 Schednle Review Meeting Conduct Periodic Schedule Progress meetings far tha purposes of revievring the Con#ractor's proposed out of sequence corrections, deteiYnining causes for dclay, corracting �ogic, maintainmg schedule accuracy and determining earued value. Meetir�gs shall occur at least manthly within five days prior to tlxe proposed schedule data date and after the Caniractor has updated the scheduie with the Owner's concurrence respeeting actual start dates, actusi finish dates, remaining duratians and percent completes for each actiniiy it i�ntends to status. 'F'he meeting will be a working interactive exchange wluch will allow the Owr�er and the Contractar the opportunity to review khe updated schedule on a rea! time and inhersctive basis. The Cvntractor's authorized Scheduling Representative will organize, sort, filter and schedule the ��. na� ob��o 58 � P a g � US AcYive11L6B833581V-5 updats as requested by the Owner. The Contractor's Project Manager and Authorized Scheduler shall attend the meeting with tl�e Ovv�er. 3.2.1 Update Subm�ssfian Follaivi�g 5chedvie Review Meeti�g Submit a complete update of the pro�ect schedule containing sll appro�ed pragress, rc�visions, and adjustments no later than 4 working days after the Pay Application 1 Sahedule Review Meeting. Any addition�! changea or updt�tea that are made not discassed in the Pay Applicatian 15chedule Review Meeting shall to be dacumented to the Owner. 3,3 Requesis for Time Extenstons In the ev�nt the Contractor believes it is entitled to an extension of tlte contract perfor►nance periad, completion date, or any intea•im milestona date, furnisii the foilowing for a deEermination hy the �vrner: justification, pinject schedule data, and supporting evidence as the Owner rnay reasonably deem necessary. Submission of pi+oof of excusahle delay, based on revised activity logic, duration, and costs (updated to the specific date that the deYay accurred} is a candition precedent to any approva�s by the Qwner. In respanse m each Rec�uest For Piroposal issued by the Owner, the Contractar shall submit a schedule impact analysis demons#t�ating whether or not the cliange, requested by the Contractor to be evaluated by khe Owner, impacts the Critical Path, if the Contractor intents to eIsim additional time. 3.3.I Justi�cation of Delay 'Fhe project schedule siiall clearly display that the Contractor has �ased, in fitl1, all #l�e float time available for the work involved with tiiis request, 'Flte Owner's determination as ta the number of allowable days af contract axtension shail be based upon the project schedule updates in effect for the time period in question, and other factual infornnatian. Actual deIays that are faund lo be caused by thc Contractor's own actions, which result in a calcutated schedule delay, will not be cause for an ea�tensio� ta the perfarmance periad, completion date, or any interun milestonc date. 3.3.2 Su�mission Requ[erements $ubtxiit a jus�ification for each request far a change in khe contract oampietion date based upnn Che most recent sclieduie update at the Eime of the Contract Award or cons#ructive direction issued for t�e change. Such a request shall be in acco�xiance with the requirements of alher appropriate Contract C�auses and shall include, as a m,apimum: a. A list af affocted acrivities, with theis associated project schedvie activity nuinber. b. A brief ea�planation of the causes of tiie change. a An analysis of the oaeralI �mpact o€ the changes propased. d. A sub-netwark of the affected areas. Identify activities impacted in each justification for change by a unique activity code contained in the required data �le. 3.3.3 Weather Days T'he contract dusstion wili not be modi�ed due to normal we�ti�er conditivns. Tha Contrackor is required to plan / account for nornaal mamt�ly weather conditions as relaked to schedule act�vity durations. The follawitag is a list of incle�ent weattier days for eacls month for tF�e proposed job siie that the C:ontractor shafl account far in the scheduIe. These weather days apply in absence of weather days specifically enumerated in lhe agreemont. These are working ciays based on a 5 day war�C week: a. 7anuary — 4 days h. Fehniary — 4 days �. �� osMgy�a 59 � F a g e US ActivelI166833581V-5 c. d. e. f. 8• lt. i. .1• k. L. March — April — May — .Tune — Jvly — Avgust — Septemher — October — November — Deceinber — 5 days 5 days 6 daya 5 days 3 days 3 days h days 6 ciays 4 days 5 days The Contractor shall record on the daily ��eport, Et�e occur�ence of advea•se weather and resultant impact to normaliy scheduled wark. Acival ad�eise weather delay days m�st pre�ent work on critical path activitics for 56 pexcent or more of the Contractor's scheduled work day. Witl�in ten days oi the follawing monfh, the Contractor ahall pravide in writing a list of their proposed dates of the actua! adverse weather delay d�ys fnr each month. The number of actnal ad�erse weather delay days sl�s�l include days impacted by actUsl adverse weathek• {even if adverse weather oecurred in previoUs montI�), be calculated chronologically fram the first #a the fast day of each month, and be recorded as fulI days. Aftes the ariginal contract completion date has passed, adaerse weather that causes delay to the completion of the praject will be granted day-for-day, at zero dollars, after deducting anticipated adve�•se wea#her de3ay days atad will be coiinerted frorn work days to calendar days. 3.4 3.5 Directed Chenges If a ContKact change is issued prior to settlement of price ancilor time, submit praposed schedule revisians to #he Owner witliin 2 weeks of the Contxact cltange being issued. 7'he Owner will approve pi�posad revisions to the schedule prior to inclusion of those changes witivn the pmject scl�edulc, Tf the Cantractor fails to submit the proposed revisions, the Owncx may funn.ish �e Con��aotor witli suggested revisions to the projeci schedule. The Contractox shalI include pwner furnished revisions in #he project schedula unti! revisions az�e subinitted and fnal charges and. impacts have been negotiated. If the Conh^actar has any objections t� the revisinns fut'nished by the Owner, advise the Owner witllin 2 weeks of receipt of tlte revisians, Regaidless af the ohjections, tbe Coat�acto�• shall continue to vpdate the schcdule with the Owner's revisions until a mutual agreement in the revisions is reached. If the Contractor fails to sUbmit alternat�ve revisions within 2 weeks af receipt of tha Owner's proposed revisions, the Contr•actor wil� be deemed to have concurreci with the Owner's propased revisions. The p[opased revisions will then be the basis for an equitable adjustment forperformaz�cs oithe work. Progress Meetinga a. The Owner and tlre Con�actor shal! rneet weekiy (or as otherwise mut�ally agreed to) for the �urpose of jointly reviewing the actual progress af tlte pxoject as compared to tlie as planned progress and to review planned activities for the upcoming 3 weeks. 7'he then current and a�roved sc�edule update shall he used for the purposcs af this meeting and for the production and review of reporis. The Contractor's Project Manager and t6e Ownar shall attend. The weekZy progress meeting wi11 address the status of RFI's, RFP's, ASI's, s�bmittals and any curreiat ar foresee�n issues. b. Pro�ide a bar chart produced by the scl�eduling software, orga�ized by'Total Float and sorted by Esrly Start Date, and a 3 week look ahead schedule by filtering all schedute activities to anaw only current on-going activi6es and acti�sties scheduled to start during the upcaming 3 weeks, org�ized by Phase and Area and sorted by Early StarE Date. 3.b Ownership oi F�oat Float available in the schedule, at any time, shall not be considered for the acaIvsive use of either the Owner ar the ContrQctor. Rcv. Date 06MayZ0 60 I P a a� US Active11iG6B33581V-S EXHIBIT "K-1'a CONDITIONAL WANER AND RELEASE OF LIEN i1PON �'ROGRESS PAYMENT Refe�rence Attachec� Rev. �ate 46MayZ0 6� � P a a B US Activn11166833581V-5 TX CONDITlONAL WAlV�R AND RELEASE OP[ AROGR£SS PAYMENT Project Job No. On receipt by the signer of this document of a check f�orrt (maker of check) (n the sum of $ payab�e to (payee or payees of check) and w�en the check has been properly endorsed and has been paid by the bank on which ii is drawn, this document becames effective to release any mechanic's lien right, any right arising from a payment bond thaf complies with a state ar federal statute, any common Eaw payment bond right, any claim for payment, and any rights under any "sii�iilar artlinance; n]le, or statute"related to claim or paymant rights for persans in the signer's position that the signer has on the property of (owner) located at (locatiat) to the following ex#errt: (job descrrpfion). This release covers a progress payment for a!i labor, services, equipment, or matsrials fumished to the property or ia (person with whom signer contractec� as indicated in ihe attached statement(sJ ar progress payment request(s), except for unpaid retentian, pendEng modificafions and changes, or other items �urnished. Befare any recipient of this document relies on this do�ument, the recipient shoufd �er�y evidence of payment to the signer. The slgner warrants that the signer has already paid or wil! use the fur�ds received frorn this progress payment ta promptly �ay in full a!I of the signer's laborers, suboantractors, materialmen, and su�pllers for aff wark, r�taterials, equipment, or services provided for or ta the abo�e referenced project In regard to the attached statament(s) or progress payrneni request(s}. Daie � (Company name) By (5ignatur�) ( Title) STA�E OF § § coi��vnr o� _ � This instrument was SUBSCRIB�D AND SW4RN TO AfVD ACKNOW��DGED hefore me an the day of , by , on behalf of ; far the purpases and considerakion herein expressed. Ido#ary Public in and for the State of ExgrB�r ��x-z„ UNCONDITIONAL WAIVER AND R�LEASE QF LIEN UPON PItQGRESS pAYMENT Reference AtEacl�ed Rev. I3ute OGMay20 62 ? P a g e US Active11I66833581V-5 TX 'Fhis docu�nent waives rights uncondltlnnally and staies Ehat you ha�e been pa�d for gi►►ing up thase rights, It is prohil�ited €or a persor� ta require you to sign this documenf if you have not been paid the payrnent amount set farth below. If you have not been paid, �se a conditional ref�ase form. UNCONDITIONAL WAEVER AND RELEASE QN PROGFtESS PAYM�NT Prolect Job No. The signer-of this doeument has been paid and has recei�ed a progress paymer�t in the sum af $ for a!I labor, ser�ices, equipment, or materials fumished to the property or ta (person wifh whom signer confracied) on the property of {owner) located af (Iocation) to the following extent: (jab descripfion}. The signer therefare waives and re�eases any mechanic's lier� right, any tlght arising from a payment bond that complies with a state ar federal statute, any comrnon law payrt�eni bond right, any cfaim for paymant, and any rights under any similar orclinance, rule, or statute related to ckaim or payment rights for persons in the signer's position that #he signer has on the above referenced project to iF�e following extent: This refease covers a progress payment far a�l lapor, ser►rices, equipmerit, or materials furnished to the property or to (person wifh whom signer contracted) as indicated in the aftacf�ed sta#ement(s) or pragress paymen# request(s}, except for unpaid reiention, pending modifications and changes, or other iiems furnished. The signer warrants that the signer has already paid or will use the funds receiWed from this progress �aymeni to prompfly pay in fui! alf of ths signer's lahorers, subcontractors, makerialmen, and suppliers for all work, materials, ec�uipment, or services provided for or fo the above referenced project in regard to the attached statement{s) or progress payment rec}ues#(s). Date ay (Company namej (Signaturej ( ritle) STATE OF § § COUNTY QF' � This instrument was SUBSCRIBED AND SWORN TO APtD ACKNOWLEDGED before me o►� the day of ,_, by on behalf of __ ; for the purposes and consideration herein expressed. No#ary Public in and for the State of : EXHIBIT "L-1" CONDXT'IONAL FINAL RELEASE AND LIEN WANER Reference Attached Itev. Dstc O5Mey20 63 � P a g e US Active11I66833581V-5 TEXAS C�NDITlONAL. WAIVER AND RELEAS� ON FINAL PAYMENT Project: Job No.: On receipt by the signer af this document af a cf�ec�C fram (maker of check) in the sum of $ payable to �payee ar payees of check) and when the check has been �rdperfy endorsed and has been paid by the bank on which it is drawn, this document beaomes efFective io reiease any mechanic's liert ri�ht, any r�ght arising from a payment bond that complies with a state or federal statute, any common law payrnenf bond right, any claim for payment, and any rights under any similar orciinance, r�le, br statute r�lated #o claim or payrrtent rights far persons in the signer's posiiion that the signer has on the proper#y of (awner) located ak (location) to the fo�fowing extent: (�ob descriptEon). This release covers the final paymant io the signer far all labor, services, equipment, or materials furnishecf to the property or to (person with whom signer contracted). Before any recipier�t of this dncument relies fln this doc�menf, #he recipient should �erify e��dence of payment to the signer. The signer warrants that the signer has already paid or wili use the funds recei�ed from this final payment io �romptly pay in full all of the signer�s laborers, suboontractars, materialmen, and suppliers far all work, materials, equipment, or services provided for or to the above referenced pro�ect up to the date af this waiver and release. Date: (company name) gy: (signature) (title) STATE OF T�XAS } ) ss. County of ) The faregoing instrument was acknowledged befor� me this day af , 2D,_._, �Y Noiary Public: My Commission Expires: TX REV 15Ja1y15 EXHIBIT "L-2's UNCONDITIONAL I�TNAL RELEASE AND LIEN WAIVER Reference Attached �. na� o�uray�o 64 � P a g e US Active11L668335$1V-S �x,�s NOTICE: THES DOCUMENT WAIV�S RlGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID �OR GIVING UP THOSE RIGHTS, !T �S PROHIBlTED F�R A PERSON TO REQUlRE YOU TO SIGN TH[S DOCUMEIdT I� YOU HAVE NOT BEEN PAID THE PAYM�NT AMOUNT SET FORTH BELOW. IF YOU HAVE NOT BEEN PAID, USE A CONDITIOIdAL RELEASE Ff)RM. UIdCON�ITIONAL WAlVER APID RELEASE ON FtNAL PAYMENT Project; Job Nfl.: The signer of this document has been paic! in full for a�l labor, servEces, equipmeni, or materiais furnished to the propsr#y or to (persor� with whom sign�r contracted) on the property of (owner) lacated a# (location) to the following extent: {job description). The signer therefore waives and re�eases any mechanic's lisn right, any righf arising from a payment bond t�at complies with a s#ate or federal s#atuie, any common law payment bond right, any cla9rn for payrr�ent, and any rights under any similar ordinance, ruie, ar s#atute related to clairr� or payment rights for persons in the signer"s position. The signer warrants that the signer has already paid ar will use the #unds recei�ed from ihis final payment to promptly pay in ful� a!I of the signer's laborers, subcontractnrs, materialmen, and suppliers for all wark, materials, equipment, or services pra�ided far or to the above referenced pro�ect up to the date of #his wai�er and release. Date: STAT� OF TEXAS County of } } ss. ) (company name) ay: (signatu�'e) (title) The foregoing Instrument was acknowlecEged before me this �o , �y Notary Public: My Commission Expfres: day of , TX REV 45Ju1y15 EXHIBIT "M-1" SCHEDULE O�' VALUES [To be added in accordar�ce with 5eciion 4. I'1] xev. ua�e ost�y�o 65 ( P a g e US Active1l16B833581V-5 EXHIBIT "M-2" FORM OF SCHED[ILE OF VAL[3ES (attached) Rev. Date ObMay24 �� I P�:� e iJS Active11166833581V� A G �p 4 Q � � � d � �a o � ^I P !v a l� z � C � O � � � �,� V '�"1 "' 1"""11 '1",1"'1"'' . � 1 . i "1„111",1 � � ��„"' "11„11'1'1 �� oa �� m m N 6 p�. ei O � � m 'O d G .� 0. E�r�axT «N„ OPERATION AREA 5. � h .� u.a.+...r �; 5 II i...._� � I i _ R '� - -i�-- _� ; _ . .. -. -: �,�-= - - ---. .... -._ �'� :�-�iun�4 ,; . iI ! .3 � _._� ',�.�' ;i�dFlLTtlk36PtiiOla -� � �.Jld� ii7�s1[t�gL IW � tl�i rflYiiiACi�� r. _ .i �[IPR.NR�Y�'� � 7 . 1 �` � '� � � � ti ei i �� �- f _ � �r ��ii ! �: � E , i �� „I ; � ., F � ° ' M1lMy OF'F[f�hhl� u '1 LLL` �� � � , 'iYflP�1Mi�7'n �Y`I � � r�" C1' ' . rJ � �.;` , . .. , �,.,4 � �i"1:Rit1�l�ii�q���TLf�PIlsttf:.!°',-�-- � �� ''� ' _ . �'�' , l � ��� �i� . r � � '��r r � �I '� } � � � � ; �� , ,:.� �- ��t . nuenw ' _ �� �'`,-�, .:•eorr.�orr �sau r.�:j : ,� � r.� G1o�r.fi�'� --�# +{ c•b9SfY� 'ICNw � I',�` �r�s7_W� '�i 1' awd�5itusi���ru.� � �.�►��sai � 2� : � f u — � ��� . 'cd i � � -::;.# y � ": s�r.a a.v491w� k � � k I�-::l- :�iGO I�a?t. 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F ! . .�._.T __�r. - : -,�= _. � ,. . ,-_`_ .. :. . _ f �:�� : �l*.TfNt� R -�ti ��t� ., ��� __.. �--- . �-.� Rca. I)atc 06May�1D b� � p a g e US Active111 b6833581V 3 EX.HIBIT "O" CONSTRUCTION BUDGET Tn be updated wlien canstruction costs are confirmed. Rcv. I� 06Ma�/2Q 6$ � P a g e US Active11166833561V 5 UO 44 43 DAP - BID PRDPOSAL Pogs 1 Of6 SEC'�ION 00 42 43 Daveloper Awardad ProJects - PROt'OSAL FORM UN4T PRiCE BID Bidder's App�ica#ion Projxt lism Inforniation Bidde�s Praposal BiQiist lurn Specifcation iJnit of B�d Unit Ptice $id Valua pescription Seelion No. Measure Quartficy Na UN{T t: WA7'�R I RRO ME S 1 8305.0�09 Trench SafeEy 33 05 9D LF 162 $1.OD 5962•aQ 2 3311.0361 1Q" PVC Water P1Pe 33 1i 12 L� 162 $43AU $6,98B.00 3 $312.2203 2° Water 3ervtce 331210 FJ� B $'f,7D6.0a $14,238.Od 4 3312.4908 12" x i0" Tapping Sle$ve & Valve 3312 25 �A 3 $fi,199.Op $19,597.00 5 B 7 S 9 10 11 12 13 14 15 96 97 18 19 xo 21 22 23 24 25 26 27 zs ze 30 3i 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UN171: T IMPROVEME T5 �'�.�8� •a4 crr�r orFoxrvnon� STMH7A1tDCON5IRRCITON3PEC�ICAT10N00CUMENTS-DSVELOPERANARUk�PltOlECI'S W42d3 BidPrepnset UAP Canemwid�Ftiee�xls Fmm Vusi011Mey�.3019 p0 A� �S oar• eroraorosnt. r.sea oes SECTION OD A2 43 Qevaloper Awarded Projecls - PROQOSAL FDRM CLTY � FORT WOR7Ei STAI@AR�CON5TR11C'fIOHSPECIPICA'RONADGUMEKIS-DGVELOPBRAWARDFQYAOIEC:S OOi243 BidPropm�L� CunentwimPrices.xls g� yuyioo �,Eey 72, 70[9 UNIT PRICE BID Bidder's Application 0o aa a9 AAP • 6m P&�1�(}SAI- Page S oPfi sEcrion� oa aa as Davelaper Awarded Projects - PROP05AL �aRNf UNIT PR10E BID pmjeot 11cm In%rmation i[st uan 17escriPtioa xo. UA17 I�f: DRAiI i 0241,08DD Remove Rip Rap 2 0245.3�23 Remove 4B" 5torr� Llne 3 U241.4401 Remove HeadwalllS�T q 3423.0409 Unc�ass[fied �xcavallon by Plan (Channel} 6 3125.0101 SWPPP Z 1 acre g 8137.0104 Medium Stone Ripra�, dry 7 3137.U90i Goncrete Rlprap 8 329'l.01Q0 Topsoil g 3252.0100 B1ock Sod Placsment 10 S34S.0109 Trench Safety 17 3341.0201 21" RCP, Cfass EII i2 3341.D205 24" RCP, Glass I}I 13 3341.8208 24" RCP, Class IV 14 3341.0208 27" RC�, Cless IIE 15 33q1.'{201 5x3 Box C�tve�i 16 334i.74U2 7x4 Box Cutveri 17 3341.7509 8x4 Box Cubert �g 8�41.1601 9x4 Bax Cuhrar# tig 334'[.200210x5BoxCulvert ap 3349.00Q1 4' Starm Junctlon Box 21 334S.00OB Storm JunclEnn Struafure 22 3349.0102 4' Manhole Riser � 3349.100a HeStiwalf, Box Culvert Qt( 3349.1004 27" Flared Headwall, 1 plpe z� 3349.50d1 1U' Curb Inlel zg 3349.5002 15' Curb 1nlet 27 9348.700'i 4' Drop Inlet 28 8999.0001 Custom 20'x1D' Fiaadwall 29 30 31 32 33 34 35 38 37 38 39 40 49 42 43 44 Bidder's Application Specificatio� Ur�it of 6id 3eciian No, iuicesure Quentiry I O M� TS ]2 4i 18 s� aao 72 4i 74 LF 10(1 �2 41 14 �A 2 312316 CY 232Q 91 25 0p LS 1 31 37 00 SY 845 31 37 00 SY 'f 02 32 9i 99 CY 482 32 9213 SY 4335 33 45 1 tl LF 2425 33 49 {0 tF 731 33 41 10 LF 364 33 q1 10 LF 118 33 ki 1q LF �F3 33 44 90 LF 3D8 33 41 1 Q L.F 273 33 4'! 10 LF 462 33411a LF 5aB 33 41 90 LF 140 33 49 79 EA 1 33 4910 EA 2 Biddets Qraposa� UnitPrice BidValue $z.00 $aflo.00 $45.OQ $4,5�0.00 $2,922.04 $5,844.00I $2.50. $5.800.Q� $760.OU $750.00 $11.U0 $9,295.Q0 $BAO $B18.dD $15.�D $7,23D.OU $3.50 $15,172.50 $1.pp $2.425.00 $63.00 $8,253.fl0 $132.00 $48,048.00 $140.00 $'i6,520.OD $76.U� $3,268.00 $23'f .00 $71,148.00 $412.OD $112,478.00 $48,'18D.00 $4,142.00 $38,34a.96 $Z,603.00 $44,2i1.D0 33 4810 �A 2 $2,a71. 33 49 d6 CY 8 $6,390. 33 48 44 �A 1 $2,8fl3• 33 +�9 20 EA 7 $5.753. 33 �49 20 EA 4 $7,923, 33 49 20 EA 1 $18,313, Ep, 9 $3$,349. C7TY OF PORT WOR'l7i STANAAeD C�D]J$TltUC'[IONSPECIFICA710N DOCUMBNIS -DEV6lAPER AWAR�ED PR61ECT5 Fonn Vosian MiY�. �» $38,341 W4243 BidPmpaal.P� Currcn�witltPrioeixls ooeza� PAA-HIDPROPOSAI. p¢ge4 0[6 s�crin� ou az as Davalpper Awarded Projects - PROPOSAt FORM UNfT PRfCE BI� Projett IMm Snfo[mation 5pecification Unit oF Bid Description Section No. Nleasure Quant Bidder's Appl�cation Bidde�s P�oposal unic rrice sia vstao $a.oa �s7s.aa $0.50 $461.00 $4,54 $8,15A.OD $2.06 $2,4$8.00 $157.00 $27�475.00, $a.�o �za,z��.00� $58.77 $576,18B.5a $5.79 $7i0,971.14 $433.00 $866.0� $1.5Q $4�257.00 g�,5q $4,82d.40 $3.00 $228.flp $7.50 $532.50 $15.00 $'13,56�.Q0 �3.gp $i8,980.8� $g,2� $708.T5 Na. 1 0249.110o Remove Aspnait rvm� pg 41 13 2 fl24'! A40'! Remove Concrate Driva 34 23 23 3 3'{23.0183 �or�ow by Pfan 31 24 04 4 3124.Q10S Emhankment E�}r P�an 3219 29 6 327i.0400 Hydrated Lima 3211 2s 6 3211.0542 8" Lime'�reafinent 321313 7 3213.0104 9.5" Canc Pvmt (4,OOn ps� g2 f� 2a B 3213.4301 4" Co�c 5'tdewalk 32 13 20 g 8213.0506 Barrier Free Ramp, Type P-1 32 �� z3 1p 3217.0002 4" SLO f'vmt Marking HAS (Y) 3� 17 23 �f 1 3217.0004 4" BRK Pvml Marking HAS (Y) 3� �7 23 �2 3217.02a2 8" SL� Pvmt Merkfng HA5 (Y) ��7 23 13 3217.2103 RE�L Ratsed Allarker TY II-A A 32 g1 19 Zq 3291.�1D0 7opso1l . g2 gg 13 15 329F.470D Block Sod Placert►eT�l 32 g� �3 ig 3292.D5�4 Seeding, SoiE Retention Bianket 17 3q49.40�3 Fumishllnstali Aium Sign Graund Maun� City 34 44 30 'k8 19 20 24 22 23 24 25 26 Z7 28 29 30 31 32 33 34 35 86 37 36 38 40 41 k2 G3 44 SF CY CY 7N fiY 5Y SF �A LF L� LF �A CY SY SY EA i,81 1,23 77 19�! 7� 804 423 315 nTy pg}6ItT WORTH TS -DEVF3.OPF�R AWAR�P� PRO7�� �.�q�p �p�g�'gpClqpN gPE�'1CAT[OIQ DOCifMBN Pam Veoion M�' Y2. 2019 Oo a4 4] Bid PraPwel pAP Curcen� wiM Pdces.xls ��v BAP-gIDPROPOSAL pFpe S ofG SEC7ION 00 42 43 peveloper Awardetl Pro)ects - PROP05AL FORM CITY OF PORT WORTH 00�243�id Pmpoul_LAP Cunent wilh PrEces.xls STAI�hRU CONSTRUCT70N SPEClI7CA7[ON OOC{R.�NSS - �EV6LOPE& AWARE��E➢ PRO7@Ci& Fo�m Vcsion A�p' Y7, �D14 UNIT PRICE BID Bidder's Application p0 dE d3 pAT • H1D PRi1POSAL pegs fi effi SECTION 00 42 43 Developer Awarded Projecls - PROPOSAL FORM UNIT PR�CE BID Project ilem Intbrsnatio� Qesc[iplian No. �idder's �4pp��cation s�aa� �a��� Specificatoon Unil of Hid ���i P�� Bid Value SecEian Tfa. Meesuro QuBMity UNIT II: 3iWITARY SEWER IMPROVEMENTS UNIT 111: DRAINAC3E IMPROVEM�NTB UPNT iV: PAVING iMPROVEI�AENiS UNIT V: STR�ET LIGHTI�IG IMPRa1l�MEN7S Taiai 7'his Bid is su6mitted By thc cntiry named helew: OIDDBR: Hah Maare Canslracdun, Inc. 1110 iVar�i� \Vatson Raad Ari�ngt�n, `TX 7G4! 1 Cantrnclar agraa to eompiete �VORi{ thr FINAL ACCEPTA�fCE wilhln Cp,yTRAC1' cammcaces ta run ns provided In the GenerAl Cond{tiana. lil�; Kyle\Vhilesell _ T1TL .6=ecutiveVlesPreaident DA7'�� 11 t�0 �TprHipg dnya pfier Ihc datc when tha Si1VD OF SEC!`lON C17Y 8P FORT \1f�RiH STATl�ARDCO�TRUCT��NSPBC�ICA7SON�OCIAdPt�ITS-DEVELOYFRAWARDF9P8UIELSS 00�247_HidPrapod DAP Curen�wi�hPdceuck Fnm� Ypsiou May 32, 70i9 0045 12DAP PREQUAL1FICATION STATEMENTPage 1 of 1SECTION 00 45 12DAP - PREQUALIFICATION STATEMENTEach Bidder is required to complete the information below by identifying the prequalified contractorsand/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major WorkType" box provide the complete major work type and actual description as provided by the WaterDepartment for water and sewer and TPW for paving.Major Work TypeWater Distribution,Development, 12-inch diameterand smallerSewer Collection System,Development, 8-inches andsmallerConcrete PavementConstruction/Reconstruction(Less Than 15,000 SY)Roadway and PedestrianLightingContractor/Subcontractor Company NameWright Construction, Inc.Wright Construction, Inc.McMahon ContractingBean ElectricalPrequalificationExpiration Date4-30-214-30-217-1-223-9-23The undersigned hereby certifies that the contractors and/or subcontractors described in the table aboveare currently prequalified for the work types listed.BTODER:Bob Moore Construction, Inc.Ill ON. Watson RoadArlington. Texas 76011BY: KyleWhitesellTITLE: Exec.VPDATE: 2-4-21(Signature)END OF SECTIONCITY OF FORT WORTHSTANDARD CONSTRUCTION PREQUALIFICATION STATEMENT-DEVELOPER AWARDED PROJECTS00 45 12_Prequalification Statement 2015_DAPForm Version September 1, 2015 EX�iIBIT "p" PROPERTY REPORTS 1. ALTA Survey prepared by Pacheco Koch dated March 31, 20I 7. 2. Geotechnical Assumptions Letter prepared by R�ed. Engineeming Group dated Febivary 11, 202U. 3. Final Pliase 1 Environrnental Site Asscssm.ent prepared by AEC, LLC dated Februa�y I�4, 2o2a Rcv. Date 06May2D 69 � P a g e i75 Active11166833561V-5 EXHIB�T "Q" ASSIGNMENT OF CONTRACTOR'S AGREEMENT �L,ender Pro�ided, when available] Rev. U�tc 06May2fl 70 � P a g e US Active1116b833581V S E�IBYT "R" SUBCONTRACTORS ASSIGNMENT PROV�SI4N Subcontractor binds itseIf, its successnrs, assigns, and lega] representati�es to Contractoz in xespcct to ali covenants, agreeinents and obIigations contained in the Subca3it�act DocumenEs. Subcontractor acknowledges and agrees ihat (a) C;ontr$ctar has been required to assign its rights, including rigl�ts under fhe Subcontract Docuinents to �wner under the General Conlract between Owner and Contractor and, accordingly, Subaontractor agrees that, upon receipt of rvritten notice frorr� the Owner that an event of default has occurred under the terms of ihe Geaeral Contract, Subcontrector will conti.nue to perform tu�der ihe terms of the Subcantract an behalf of the Owner so long as all paymen#s and abligations af Contt�actor hereunder a1�e �et'fonned by thc Ownar in a tiineiy manner. (b) Owner andloi- Contractor may be required to assig�� certain rights, including rights ur�der the Subcontract Documents, under a sep�u�af:e agreement with a banic or otY�ar commerciaE let�ding inststution {"Banl�") pursuant to the i,erms af applicable loan docurnents required to procure fi�ancing on t[�e Project, and, according(y, Subconhactor �grees that, upon receipt of written nnticc from the Banlc that an event of default has occurrcd ui�der tlxe t��tns of the loan documents between Ovvner anci/or Contractor and the Bank, �ubconte•actor will cont�nue to perfarm utlder the terms of the Subcontract on behalf of tlxe Bank sa long as all payments and obligatians of Contractor hereunder are perfoiYned by the Bank in a timely manner. Subcant�•actor further agrees not to terminate this Subcontract on account of Cantractor's breach hereunder without gi�ing Owner and the Bank (if aaty} thirty (3�} days prior written notice of such b:reach and an oppot�n:ity to cure. Sui�conixactor shall not assign tJ2is a�ecment or sublet it in whole or in part withaut the wnitten consent of Coni�•actor, ixor sl�all Suhcontractor �ssign a.�y �tnonies due or to become due io it hereunder, wit�.out the prior wriEten consent of Contractor. Any assignments by Subcontractor in violatian af this parageaph will be ntill and void and af no fo�'ce and effect. Rev. Date 06Ma}�0 71 i P a g e US Active11166833S81V-5 EXHIBIT "S" RE UIRED CLOSE-OUT DOCUMENTS Contractor shall prepare a binder and electronic copies as applicable for each of the following. 1. Conkractar's Sta.tement af Warranty 2. Warranhes of alI matearials and subcontractors requined per specifications 3. MSDS s�eet� for all required materials (per specification) 4. UperaYions and Maintenance data (as z�quired per specifications} 5. Start up manuals for Equipment 6. �mergency manuals for equipment (as required per specifications) 7, 1'est �nd Batance documentation 8. Equiprnent training with Video Documeutarion ifpossible 9. Service agreeznents {iiapplicable) 10. Firisllist of Subcontractors, including design team (wilh contact iafor�►ation} - identifying scnpe provided i l. Final list of Vendors {with contact informataan) — identifying materials provided 12. Final Unconditianal Lien waivers from aU Majox� Subcantr•actars 13. Docurr�ent Buiider's Risk Insurance change-o�er I:o Pei�ent Property �nsurance (if applicable) I4, Copy of performancelpayment bonds (if appiicable) j S. Obtain rekeases of bonds, escrows, ar lette�s af credit related to constxuctio��/dcaclopment 16. Address Insurance chauge o�vers 17. Consent of surety for fina( payment {if applicabEe) I8. Substantia.l completion Punch List —{with authorized signatui�es) 19. As Built documenfs (scanned files or hansmittal indicating delivery to approgriate loca�ion), includzng BIM model, if applicable 20. Letteis of Cert�fied installation ! confoirnance {as requn�ed per speci�Zcations) 2!. �davits conf.uming asbestos free materials, compIiance with specifications, etc. (as required per speci�cations) 22. Special inspection reports (as req�ired per specifications}. Collect al) reports, tests, and letters 23. Obtain a letter fram the �pecial Inspector that the pmject rr�as completed in complianes with the project requirements. (If deficiencies, resolve or get design professional acceptance of deviations so that crnnpliance letter car► 6e issued) 24. Copy af signed Notice of Ternunataon {if SWPP project and when required by State/EPA} 25. Obtain LOMAR or CLOMAR approvals for �Saod plaitt map revisions 26. Confirmation of renr�ova� of temporary structures or utilities 27. Proof of transfer of all utilities into ownea• accaunts 2$. Confir�nation af removal of te�nporary equipment, str�uctures, fencing, SWPPP BMP's, storage containers etc. 29. Finat approvaI from ali jurisdictional authorities — no open deviations 30. Final approva� from a113`� party inspections --no open deviations 31. Permanent Certificate of Qccupancy 32, Confirmation of delivery of Attic Stock, toals, spare parts etc. ta designated location 33. Delivery af keys, final keying diagram and master key schedule {canfirming removal of all constivction cores) 34. RestoraGtan and documen#ation of ralease af temporaty consin�ction easemesrts (IH Applicable) t�•,. ��� a�M.yio 72 � P a g e i]S Aeti�ne11166833581V 5 35. Al! close-out requirements listed in the Specifications, as requised 36. 'Ibvo sets of hard copy, half size �nal Record Drav�►ings alang with elech•onic sets in bath PDF and CAD Fonmat 37. Electronic copy of all Appro�ed submittals R�. �ro� obn�ayla 73 � P a� e US Activell166S33S81'�I-5 EXHIBIT f°T" SWORN STATEMENT (attached) Rcv. Dat� 06May20 74 E P a g e U5 Activelt 166833581V-5 � � � Q � �"' z 0 � � L.L �^- Z �.ii W a �"_ C1) d $ �e � � a a � � � � � � �. s � � � � � � � � � 0 U m � � ag� T� � Cp S] O � � � � . 4 n � w v C W $� U � O 8Z 3 � °' E m � 'g a m ,Q °= o m n � a m � « m a � �� �� Nd E 9 m � w� .g 'S �� c � �� m p� �, _ m ;a m�a � �P a r � � W � 0 U Q o� N '� � al � � y � # �o a � a ¢ E 2 EXHIBTT "U" AI.TERNA'I'�VES ALLOWANCE3 AND ASS�JMPTIONS Ta be updated with complet�on of Corastructio�s Budget Rev. D�te 06May20 %� 4� a�� US Active11I66833581V-5 EXHYBIT "V" AFFIDAVIT AND CERTIFYCATE OF COMPLETXON BY CONTRACTOR AND FXNAL RELEA3E AND WANER OF LIEN STATE �F TEXAS COUNTY OF _ BEFORE ME, the .undersigned authoriry on this day personally appeared ,(Y�ereinafler called "Affiant"), being personally knawn to me to be the person whose name is subsciibed hereto, upon aa#,h deposes and says as follovcrs: My namc is . I am over the age of eighteen (1 S) years and fully competent to make this aff"idavit. I arn persanally familiar with and have actual knowledge of the facts contained herein. I am _ .(�itle} of ("Contractar"). I have authoriry and am autho�ized to inake ihe fQliowing statemeats, certifications, and representations on behalf of Contractor and to bind Contractor to the terms contain.ed herein. Pursuant to an agreernent (the "Cantract") dated _, between Contractor and ("Owner"}, Contxactor has fiu�ished Iabor, znaterial, equipment, andlar services in cannection with t��e canstruction of impra�ements on �at certain iract oireal property in the City oi , Coux�ty, Texas, rnare partic�larly d�scribed in Exhibit A at�ached hereto and made a part hereof for ali purposes (such real property, together with such improvements, heing herein called the "Property"), and has thereby becorne or may become entitled to a lien against the Properry; and The Contrac# has heen fully perfarmed and a11 improvements and/ox repairs ba�e been fu11y completed in s#�i.ct accordance with all pla�s, specifications, and agreements agreed ta by Contractor and Owner. All payments due to Contractor for labor, �nateriaI, equipment, and/or servic�s with respect ta the Property {wheti�er pursuant to the Contract or otherwise) have been paid or otherwise satisfied; NOW THEREFORE, %r and in considcration of Ten Dollars ($1QA0) ax�d other gaod and valaable considexa�ion, the receipt and adequacy of which are hexeby acknowledged, Contractor hereby: l.. Waives snd releases, and discharges the P�operiy frdrn, any and all liens and claims oi liens wliich Contractor may naw or hereafter have �against tha Property whether the satne be contractual, statutory, ar co�titutional, whether the same are evideneed by lien claim R�. na� o6�yzo 76 j P a g c US Acti�e111G6633581V S af�idavits or not, whether the same are filed for record or not, and whethe�r the same arisc in connection with the contract or no� 2. Certifies, xepxesents, and wazrants t.�at all subcontractors, laborers, seivicemen and mater�almen ernployed by Contractor, and all costs and expcnses for materials placed upon and/or installed on the Property and/or all lessa payments for equipment and machinery used by Contractor on such job, ii any, have been fully paid, and that na subcontractor, labflrer, serviceman, or materialman laas any claim, demand, or lien rig�ts against the Property, anc� that no chattet mortgagc, sect�rifiy interest, conditiona.� bill of sale, or retention of title agrsement has beea� given or executed by Conhactor or anyone acting by, through or unc3er Conti•actor far o�• in car�nec�ion with az�y materials, machinery, and/or aquip�nent placed upon or instalied ox1 the Property. 3. Understands and agrees that ihis Release and Waiver of Lien may ba relied upon by Owner and any pu1•chaser, lender or ti�le company with respect to the Property. 4. Expressly under;stands that �'irst American Title Insurance Campany ("First American") is relying upan the truth of these statements for the purpose of issuing policies af titic insurance on the Properiy wi#hout exception to mechanics' and materialrxien's liens. In consideration tbereo£, Contractor hereby agrees �o inde��ify and Hold harmtess First American from any and all clauns, deznands or causes of ac�ion, and any costs, expenses and attort�ey's fees incurred in connection therevvith, arising from ar conaected witla, the statemenis and sepresentations cantained herein. WITN�SS rny hand this day of _ 20^ ACKNOWLEDGED, �UBSCRIBED AND SWORN TQ BEFORE ME, this __ day of 20 , by Notary Public, State of Texas Rcv. nu�c oSNtayzo US Active11166833581V 5 Printed name o�Notary: _ My Commissian Expires: 7'1f Pa�e 00 62 19 -1MAINTENANCE BONDPage 1 of 5Bond Number: 1069525741 SECTION 00 62 192 MAINTENANCE BOND34 TH ESTATE OF TEXAS §5 § KNOW ALL BY THESE PRESENTS:6 COUNT/OF TARRANT §78 That we Bob Moore Construction, Inc. , known as9 "Principal" herein and Travelers Casualty and Surety Company of America , a corporate surety10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Dl Fort12 Worth Logistics Hub Phase 1, L.P., authorized to do business in Texas ("Developer") and the City13 of Fort Worth, a Texas municipal corporation ("City"), in the sum of: Two Million Two Hundred Seventy14 One Thousand Five Hundred Ninety Seven and 12/100 _ Dollars ($2,271,597.12———- ),15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment16 of which sum well and truly be made jointly unto the Developer and the City as dual obligees17 and their successors, we bind ourselves, our heirs, executors, administrators, successors and18 assigns, jointly and severally, firmly by these presents.1920 WHEREAS, Developer and City have entered into an Agreement for the construction of21 community facilities in the City of Fort Worth by and through a Community Facilities Agreement,22 CFA Number 20-0128; and23 WHEREAS, the Principal has entered into a certain written contract with the Developer24 awarded the 6th day of october _, 20 20 , which Contract is25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish26 all materials, equipment labor and other accessories as defined by law, in the prosecution of the27 Work, including any Work resulting from a duly authorized Change Order (collectively herein,28 the "Work") as provided for In said Contract and designated as Burleson Cardinal Road29 Improvements; andCITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTSSTANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 102843Revised January 31, 2012 00 62 19 - 2MAINTENANCE BONDPage 2 of 52 WHEREAS, Principal binds itself to use such materials and to so construct the Work in3 accordance with the plans, specifications and Contract Documents that the Work is and will4 remain free from defects in materials or workmanship for and during the period of two(2)years5 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and7 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon8 receiving notice from the Developer and/or City of the need thereof at any time within the9 Maintenance Period.1011 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy12 any defective Work, for which timely notice was provided by Developer or City, to a completion13 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in14 full force and effect.1516 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely17 noticed defective Work, it is agreed that the Developer or City may cause any and all such18 defective Work to be repaired and/or reconstructed with alt associated costs thereof being19 borne by the Principal and the Surety under this Maintenance Bond; and2021 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in22 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort23 Worth Division; and24CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTSSTANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 102843Revised January 31, 2012 00 62 19 - 3MAINTENANCE BONDPage 3 of 51 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive2 recoveries may be had hereon for successive breaches.CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTSSTANDARD OVt CONDITIONS - DEVELOPER AWARDED PROJECTS 102843Revised January 31, 2012 00 62 19 - 4MAINTENANCE BONDPage 4 of 51 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this2 instrument by duly authorized agents and officers on this the 22nd ^ ay of March3 _, 2021 .45678910111213141516171819202122232425262728ATTEST:'^-?^.Z)6^.(Principal) Secretary^•:^^Witness as to PrincipalPRINCIPAL:Bob Moore Construction, Inc.ev: ^€ -SignatureKyle Whitesell, Executive Vice PresidentName and TitleAddress: Bob Moore Construction, Inc.1110 North Watson RoadArlington, TX 76011CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTSSTANDARD CITf CONDITIONS - DEVELOPER AWARDED PROJECTS 102843Revised January 31, 2012 123456789101112131415161718192021222324ATTEST:See attached Power of Attorney(Surety) SecretaryWM^Katie Rogers, Witness00 62 19 - 5MAINTENANCE BONDPage 5 of 5SURETY:Travelers Casualty and Surety Company of AmericaBY:^SignaturePayton Blanchard, Attorney-in-FactName and TitleAddress: Travelsrs Casualty and Surety Company of AmericaOne Tower SquareHartford, CA 06183Telephone Number: 860-277-0111*Note: If signed by an officer of the Surety Company, there must be on file a certified extractfrom the by-laws showing that this person has authority to sign such obligation. IfSurety's physical address is different from its mailing address, both must be provided.The date of the bond shall not be prior to the date the Contract is awarded.CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTSSTANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 102843Revised January 31, 2012 TRAVELERSTTravelers Casualty and Surety Company of AmericaTravelers Casualty and Surety CompanySt. Paul Fire and Marine Insurance CompanyPOWER OF ATTORNEYKNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"), and that the Companies do hereby make, constitute and appoint Payton Blanchard of FORT WORTHTexas , their true and lawful Attorney-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances,conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing thefidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in anyactions or proceedings allowed by law.IN WITNESS WHEREOF, the Companies have caused this instrument to be signed, and their corporate seals to be hereto affixed, this 17th day of January,2019.f^;?m)lState of ConnecticutCity of Hartford ss.By:.Robert L. Raney^eniorVlce PresidentAnna P. Nowik, Notary PublicOn this the 17th day of January, 2019, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice Presidentof Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, andthat he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of saidCompanies by himself as a duly authorized officer.IN WITNESS WHEREOF, I hereunto set my hand and offlcial seal. /'f^^t\My Commission expires the 30th day of June,2021This Power of Attorney Is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty andSurety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company, which resolutions are now in fullforce and effect, reading as follows:RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, anySecond Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact andAgents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to signwith the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of abond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revokethe power given him or her; and it isFURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any VicePresident may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each suchdelegation is in writing and a copy thereof is filed in the office of the Secretary; and it isFURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditionalundertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, anySenior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or anyAssistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, ifrequired) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by oneor more Company officers pursuant to a written delegation of authority; and it isFURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any VicePresident, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power ofAttorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only ofexecuting and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearingsuch facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimilesignature and facsimile sea] shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached.1, Kevin E. Hughes, the undersigned. Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and SuretyCompany, and St. Paul Fire and Marine Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of the Power ofAttorney executed by said Companies, which remains in full force and effect.Dated thisday of^^ ^'Kevin E. Hughes, Assistant Secitant SecretaryTo verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880.Please refer to the above-named Attomey-in-Fact and the details of the bond to which this Power of Attorney Is attached. IMPORTANT NOTICETo obtain information or make a complaint:You may call Travelers Casualty and Surety Company of America and its affiliates'toll-free telephone number for information or to make a complaint at:1-800-328-2189You may contact the Texas Department of Insurance to obtain information oncompanies, coverages, rights or complaints at:1-800-252-3439You may write the Texas Department of Insurance:P.O. Box 149104Austin, TX 78714-9104Fax:(512)475-1771Web: http://www.tdi.stated.usE-mail: ConsumerProtection(5).tdi.state.tx.usPREMIUM OR CLAIM DISPUTES:Should you have a dispute concerning your premium or about a claim you shouldcontact your Agent or Travelers first. If the dispute is not resolved, you may contact theTexas Department of Insurance.ATTACH THIS NOTICE TO YOUR BOND:This notice is for information only and does not become a part or condition of theattached document and is given to comply with Texas legal and regulatory requirements.(PN.042-B) Ed. 10.18.07 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1  1.01 Defined Terms ............................................................................................................................... 1  1.02 Terminology .................................................................................................................................. 5  Article 2 – Preliminary Matters ......................................................................................................................... 6  2.01 Before Starting Construction ........................................................................................................ 6  2.02 Preconstruction Conference .......................................................................................................... 6  2.03 Public Meeting .............................................................................................................................. 6  Article 3 – Contract Documents and Amending ............................................................................................... 6  3.01 Reference Standards ..................................................................................................................... 6  3.02 Amending and Supplementing Contract Documents .................................................................. 6  Article 4 – Bonds and Insurance ....................................................................................................................... 7  4.01 Licensed Sureties and Insurers ..................................................................................................... 7  4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7  4.03 Certificates of Insurance ............................................................................................................... 7  4.04 Contractor’s Insurance .................................................................................................................. 9  4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12  Article 5 – Contractor’s Responsibilities ........................................................................................................ 12  5.01 Supervision and Superintendent ................................................................................................. 12  5.02 Labor; Working Hours ................................................................................................................ 13  5.03 Services, Materials, and Equipment ........................................................................................... 13  5.04 Project Schedule .......................................................................................................................... 14  5.05 Substitutes and “Or-Equals” ....................................................................................................... 14  5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16  5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16  5.08 Wage Rates.................................................................................................................................. 18  5.09 Patent Fees and Royalties ........................................................................................................... 19  5.10 Laws and Regulations ................................................................................................................. 19  5.11 Use of Site and Other Areas ....................................................................................................... 19  5.12 Record Documents ...................................................................................................................... 20  5.13 Safety and Protection .................................................................................................................. 21  5.14 Safety Representative ................................................................................................................. 21  5.15 Hazard Communication Programs ............................................................................................. 22  5.16 Submittals .................................................................................................................................... 22  5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24  5.19 Delegation of Professional Design Services .............................................................................. 24  5.20 Right to Audit: ............................................................................................................................ 25  5.21 Nondiscrimination....................................................................................................................... 25  Article 6 – Other Work at the Site ................................................................................................................... 26  6.01 Related Work at Site ................................................................................................................... 26  Article 7 – City’s Responsibilities................................................................................................................... 26  7.01 Inspections, Tests, and Approvals .............................................................................................. 26  7.02 Limitations on City’s Responsibilities ....................................................................................... 26  7.03 Compliance with Safety Program ............................................................................................... 27  Article 8 – City’s Observation Status During Construction ........................................................................... 27  8.01 City’s Project Representative ..................................................................................................... 27  8.02 Authorized Variations in Work .................................................................................................. 27  8.03 Rejecting Defective Work .......................................................................................................... 27  8.04 Determinations for Work Performed .......................................................................................... 28  Article 9 – Changes in the Work ..................................................................................................................... 28  9.01 Authorized Changes in the Work ............................................................................................... 28  9.02 Notification to Surety .................................................................................................................. 28  Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28  10.01 Change of Contract Price ............................................................................................................ 28  10.02 Change of Contract Time............................................................................................................ 28  10.03 Delays .......................................................................................................................................... 28  Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29  11.01 Notice of Defects ........................................................................................................................ 29  11.02 Access to Work ........................................................................................................................... 29  11.03 Tests and Inspections .................................................................................................................. 29  11.04 Uncovering Work ....................................................................................................................... 30  11.05 City May Stop the Work ............................................................................................................. 30  11.06 Correction or Removal of Defective Work ................................................................................ 30  11.07 Correction Period ........................................................................................................................ 30  11.08 City May Correct Defective Work ............................................................................................. 31  Article 12 – Completion .................................................................................................................................. 32  12.01 Contractor’s Warranty of Title ................................................................................................... 32  12.02 Partial Utilization ........................................................................................................................ 32  12.03 Final Inspection ........................................................................................................................... 32  12.04 Final Acceptance ......................................................................................................................... 33  Article 13 – Suspension of Work .................................................................................................................... 33  13.01 City May Suspend Work ............................................................................................................ 33  Article 14 – Miscellaneous .............................................................................................................................. 34  14.01 Giving Notice .............................................................................................................................. 34  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34  14.03 Cumulative Remedies ................................................................................................................. 34  14.04 Survival of Obligations ............................................................................................................... 35  14.05 Headings ...................................................................................................................................... 35  00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 1) All Work shall be in accordance with railroad requirements set forth in 6 Division 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 17 lawns, fences, culverts, curbing, and all other types of structures or improvements, 18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 19 appurtenances thereof, including the construction of temporary fences and to all 20 other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or private 22 lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of the 24 Work. 25 b. Notices shall be applicable to both public and private utility companies and any 26 corporation, company, individual, or other, either as owners or occupants, 27 whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character resulting 29 from any act, omission, neglect, or misconduct in the manner or method or 30 execution of the Work, or at any time due to defective work, material, or 31 equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the Project 34 to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the Work is 36 not in progress and when the site is vacated overnight, and/or at all times to 37 provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 SECTION 01 31 19 1 PRECONSTRUCTION MEETING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6 clarify construction contract administration procedures 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. No construction schedule required unless requested by the City. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded, tapes will be used to prepare minutes and retained by City for 24 future reference. 25 B. Preconstruction Meeting 26 1. A preconstruction meeting will be held within 14 days after the delivery of the 27 distribution package to the City. 28 a. The meeting will be scheduled and administered by the City. 29 2. The Project Representative will preside at the meeting, prepare the notes of the 30 meeting and distribute copies of same to all participants who so request by fully 31 completing the attendance form to be circulated at the beginning of the meeting. 32 3. Attendance shall include: 33 a. Developer and Consultant 34 b. Contractor's project manager 35 c. Contractor's superintendent 36 d. Any subcontractor or supplier representatives whom the Contractor may desire 37 to invite or the City may request 38 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 e. Other City representatives 1 f. Others as appropriate 2 4. Preliminary Agenda may include: 3 a. Introduction of Project Personnel 4 b. General Description of Project 5 c. Status of right-of-way, utility clearances, easements or other pertinent permits 6 d. Contractor’s work plan and schedule 7 e. Contract Time 8 f. Notice to Proceed 9 g. Construction Staking 10 h. Progress Payments 11 i. Extra Work and Change Order Procedures 12 j. Field Orders 13 k. Disposal Site Letter for Waste Material 14 l. Insurance Renewals 15 m. Payroll Certification 16 n. Material Certifications and Quality Control Testing 17 o. Public Safety and Convenience 18 p. Documentation of Pre-Construction Conditions 19 q. Weekend Work Notification 20 r. Legal Holidays 21 s. Trench Safety Plans 22 t. Confined Space Entry Standards 23 u. Coordination with the City’s representative for operations of existing water 24 systems 25 v. Storm Water Pollution Prevention Plan 26 w. Coordination with other Contractors 27 x. Early Warning System 28 y. Contractor Evaluation 29 z. Special Conditions applicable to the project 30 aa. Damages Claims 31 bb. Submittal Procedures 32 cc. Substitution Procedures 33 dd. Correspondence Routing 34 ee. Record Drawings 35 ff. Temporary construction facilities 36 gg. MBE/SBE procedures 37 hh. Final Acceptance 38 ii. Final Payment 39 jj. Questions or Comments 40 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 33 00 - 1 DAP SUBMITTALS Page 1 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 SECTION 01 33 00 1 DAP SUBMITTALS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General methods and requirements of submissions applicable to the following 6 Work-related submittals: 7 a. Shop Drawings 8 b. Product Data (including Standard Product List submittals) 9 c. Samples 10 d. Mock Ups 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. CoordinationY 23 01 33 00 - 2 DAP SUBMITTALS Page 2 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 1. Notify the City in writing, at the time of submittal, of any deviations in the 1 submittals from the requirements of the Contract Documents. 2 2. Coordination of Submittal Times 3 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 4 performing the related Work or other applicable activities, or within the time 5 specified in the individual Work Sections, of the Specifications. 6 b. Contractor is responsible such that the installation will not be delayed by 7 processing times including, but not limited to: 8 a) Disapproval and resubmittal (if required) 9 b) Coordination with other submittals 10 c) Testing 11 d) Purchasing 12 e) Fabrication 13 f) Delivery 14 g) Similar sequenced activities 15 c. No extension of time will be authorized because of the Contractor's failure to 16 transmit submittals sufficiently in advance of the Work. 17 d. Make submittals promptly in accordance with approved schedule, and in such 18 sequence as to cause no delay in the Work or in the work of any other 19 contractor. 20 B. Submittal Numbering 21 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-22 reference identification numbering system in the following manner: 23 a. Use the first 6 digits of the applicable Specification Section Number. 24 b. For the next 2 digits number use numbers 01-99 to sequentially number each 25 initial separate item or drawing submitted under each specific Section 26 number. 27 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 28 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 29 submittal number would be as follows: 30 01 33 00 - 3 DAP SUBMITTALS Page 3 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 1 03 30 00-08-B 2 3 1) 03 30 00 is the Specification Section for Concrete 4 2) 08 is the eighth initial submittal under this Specification Section 5 3) B is the third submission (second resubmission) of that particular shop 6 drawing 7 C. Contractor Certification 8 1. Review shop drawings, product data and samples, including those by 9 subcontractors, prior to submission to determine and verify the following: 10 a. Field measurements 11 b. Field construction criteria 12 c. Catalog numbers and similar data 13 d. Conformance with the Contract Documents 14 2. Provide each shop drawing, sample and product data submitted by the Contractor 15 with a Certification Statement affixed including: 16 a. The Contractor's Company name 17 b. Signature of submittal reviewer 18 c. Certification Statement 19 1) “By this submittal, I hereby represent that I have determined and verified 20 field measurements, field construction criteria, materials, dimensions, 21 catalog numbers and similar data and I have checked and coordinated 22 each item with other applicable approved shop drawings." 23 D. Submittal Format 24 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 25 2. Bind shop drawings and product data sheets together. 26 3. Order 27 01 33 00 - 4 DAP SUBMITTALS Page 4 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 a. Cover Sheet 1 1) Description of Packet 2 2) Contractor Certification 3 b. List of items / Table of Contents 4 c. Product Data /Shop Drawings/Samples /Calculations 5 E. Submittal Content 6 1. The date of submission and the dates of any previous submissions 7 2. The Project title and number 8 3. Contractor identification 9 4. The names of: 10 a. Contractor 11 b. Supplier 12 c. Manufacturer 13 5. Identification of the product, with the Specification Section number, page and 14 paragraph(s) 15 6. Field dimensions, clearly identified as such 16 7. Relation to adjacent or critical features of the Work or materials 17 8. Applicable standards, such as ASTM or Federal Specification numbers 18 9. Identification by highlighting of deviations from Contract Documents 19 10. Identification by highlighting of revisions on resubmittals 20 11. An 8-inch x 3-inch blank space for Contractor and City stamps 21 F. Shop Drawings 22 1. As specified in individual Work Sections includes, but is not necessarily limited to: 23 a. Custom-prepared data such as fabrication and erection/installation (working) 24 drawings 25 01 33 00 - 5 DAP SUBMITTALS Page 5 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 b. Scheduled information 1 c. Setting diagrams 2 d. Actual shopwork manufacturing instructions 3 e. Custom templates 4 f. Special wiring diagrams 5 g. Coordination drawings 6 h. Individual system or equipment inspection and test reports including: 7 1) Performance curves and certifications 8 i. As applicable to the Work 9 2. Details 10 a. Relation of the various parts to the main members and lines of the structure 11 b. Where correct fabrication of the Work depends upon field measurements 12 1) Provide such measurements and note on the drawings prior to submitting 13 for approval. 14 G. Product Data 15 1. For submittals of product data for products included on the City’s Standard 16 Product List, clearly identify each item selected for use on the Project. 17 2. For submittals of product data for products not included on the City’s Standard 18 Product List, submittal data may include, but is not necessarily limited to: 19 a. Standard prepared data for manufactured products (sometimes referred to as 20 catalog data) 21 1) Such as the manufacturer's product specification and installation 22 instructions 23 2) Availability of colors and patterns 24 3) Manufacturer's printed statements of compliances and applicability 25 4) Roughing-in diagrams and templates 26 5) Catalog cuts 27 01 33 00 - 6 DAP SUBMITTALS Page 6 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 6) Product photographs 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational-range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended 6 spare-parts listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern 14 swatches and range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material 19 to be fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on-site construction accomplished 21 which does not conform to approved shop drawings and data is at the Contractor's 22 risk. 23 2. The City will not be liable for any expense or delay due to corrections or remedies 24 required to accomplish conformity. 25 3. Complete project Work, materials, fabrication, and installations in conformance 26 with approved shop drawings, applicable samples, and product data. 27 01 33 00 - 7 DAP SUBMITTALS Page 7 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 J. Submittal Distribution 1 1. Electronic Distribution 2 a. Confirm development of Project directory for electronic submittals to be 3 uploaded to City’s Buzzsaw site, or another external FTP site approved by the 4 City. 5 b. Shop Drawings 6 1) Upload submittal to designated project directory and notify appropriate 7 City representatives via email of submittal posting. 8 2) Hard Copies 9 a) 3 copies for all submittals 10 b) If Contractor requires more than 1 hard copy of Shop Drawings 11 returned, Contractor shall submit more than the number of copies 12 listed above. 13 c. Product Data 14 1) Upload submittal to designated project directory and notify appropriate 15 City representatives via email of submittal posting. 16 2) Hard Copies 17 a) 3 copies for all submittals 18 d. Samples 19 1) Distributed to the Project Representative 20 2. Hard Copy Distribution (if required in lieu of electronic distribution) 21 a. Shop Drawings 22 1) Distributed to the City 23 2) Copies 24 a) 8 copies for mechanical submittals 25 b) 7 copies for all other submittals 26 c) If Contractor requires more than 3 copies of Shop Drawings returned, 27 Contractor shall submit more than the number of copies listed above. 28 01 33 00 - 8 DAP SUBMITTALS Page 8 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 b. Product Data 1 1) Distributed to the City 2 2) Copies 3 a) 4 copies 4 c. Samples 5 1) Distributed to the Project Representative 6 2) Copies 7 a) Submit the number stated in the respective Specification Sections. 8 3. Distribute reproductions of approved shop drawings and copies of approved 9 product data and samples, where required, to the job site file and elsewhere as 10 directed by the City. 11 a. Provide number of copies as directed by the City but not exceeding the 12 number previously specified. 13 K. Submittal Review 14 1. The review of shop drawings, data and samples will be for general conformance 15 with the design concept and Contract Documents. This is not to be construed as: 16 a. Permitting any departure from the Contract requirements 17 b. Relieving the Contractor of responsibility for any errors, including details, 18 dimensions, and materials 19 c. Approving departures from details furnished by the City, except as otherwise 20 provided herein 21 2. The review and approval of shop drawings, samples or product data by the City 22 does not relieve the Contractor from his/her responsibility with regard to the 23 fulfillment of the terms of the Contract. 24 a. All risks of error and omission are assumed by the Contractor, and the City will 25 have no responsibility therefore. 26 3. The Contractor remains responsible for details and accuracy, for coordinating the 27 Work with all other associated work and trades, for selecting fabrication 28 processes, for techniques of assembly and for performing Work in a safe manner. 29 01 33 00 - 9 DAP SUBMITTALS Page 9 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 4. If the shop drawings, data or samples as submitted describe variations and show a 1 departure from the Contract requirements which City finds to be in the interest of 2 the City and to be so minor as not to involve a change in Contract Price or time for 3 performance, the City may return the reviewed drawings without noting an 4 exception. 5 5. Submittals will be returned to the Contractor under 1 of the following codes: 6 a. Code 1 7 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 8 comments on the submittal. 9 a) When returned under this code the Contractor may release the 10 equipment and/or material for manufacture. 11 b. Code 2 12 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the 13 notations and comments IS NOT required by the Contractor. 14 a) The Contractor may release the equipment or material for 15 manufacture; however, all notations and comments must be 16 incorporated into the final product. 17 c. Code 3 18 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned 19 when notations and comments are extensive enough to require a 20 resubmittal of the package. 21 a) The Contractor may release the equipment or material for 22 manufacture; however, all notations and comments must be 23 incorporated into the final product. 24 b) This resubmittal is to address all comments, omissions and 25 non-conforming items that were noted. 26 c) Resubmittal is to be received by the City within 15 Calendar Days of 27 the date of the City's transmittal requiring the resubmittal. 28 d. Code 4 29 1) "NOT APPROVED" is assigned when the submittal does not meet the intent 30 of the Contract Documents. 31 01 33 00 - 10 DAP SUBMITTALS Page 10 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 a) The Contractor must resubmit the entire package revised to bring the 1 submittal into conformance. 2 b) It may be necessary to resubmit using a different 3 manufacturer/vendor to meet the Contract Documents. 4 6. Resubmittals 5 a. Handled in the same manner as first submittals 6 1) Corrections other than requested by the City 7 2) Marked with revision triangle or other similar method 8 a) At Contractor’s risk if not marked 9 b. Submittals for each item will be reviewed no more than twice at the City’s 10 expense. 11 1) All subsequent reviews will be performed at times convenient to the City 12 and at the Contractor's expense, based on the City's or City 13 Representative’s then prevailing rates. 14 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 15 all such fees invoiced by the City. 16 c. The need for more than 1 resubmission or any other delay in obtaining City's 17 review of submittals, will not entitle the Contractor to an extension of 18 Contract Time. 19 7. Partial Submittals 20 a. City reserves the right to not review submittals deemed partial, at the City’s 21 discretion. 22 b. Submittals deemed by the City to be not complete will be returned to the 23 Contractor, and will be considered "Not Approved" until resubmitted. 24 c. The City may at its option provide a list or mark the submittal directing the 25 Contractor to the areas that are incomplete. 26 8. If the Contractor considers any correction indicated on the shop drawings to 27 constitute a change to the Contract Documents, then written notice must be 28 provided thereof to the Developer at least 7 Calendar Days prior to release for 29 manufacture. 30 01 33 00 - 11 DAP SUBMITTALS Page 11 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the 1 Contractor may carry out the construction in accordance therewith and no further 2 changes therein except upon written instructions from the City. 3 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 4 following receipt of submittal by the City. 5 L. Mock ups 6 1. Mock Up units as specified in individual Sections, include, but are not necessarily 7 limited to, complete units of the standard of acceptance for that type of Work to 8 be used on the Project. Remove at the completion of the Work or when directed. 9 M. Qualifications 10 1. If specifically required in other Sections of these Specifications, submit a P.E. 11 Certification for each item required. 12 N. Request for Information (RFI) 13 1. Contractor Request for additional information 14 a. Clarification or interpretation of the contract documents 15 b. When the Contractor believes there is a conflict between Contract Documents 16 c. When the Contractor believes there is a conflict between the Drawings and 17 Specifications 18 1) Identify the conflict and request clarification 19 2. Sufficient information shall be attached to permit a written response without 20 further information. 21 22 23 24 25 1.5 SUBMITTALS [NOT USED] 26 01 33 00 - 12 DAP SUBMITTALS Page 12 of 12 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August 30, 2013 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 3 1.9 QUALITY ASSURANCE [NOT USED] 4 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 5 1.11 FIELD [SITE] CONDITIONS [NOT USED] 6 1.12 WARRANTY [NOT USED] 7 PART 2 - PRODUCTS [NOT USED] 8 PART 3 - EXECUTION [NOT USED] 9 END OF SECTION 10 11 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 12 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of 7 Transportation 8 b. Work near High Voltage Lines 9 c. Confined Space Entry Program 10 d. Air Pollution Watch Days 11 e. Use of Explosives, Drop Weight, Etc. 12 f. Water Department Notification 13 g. Public Notification Prior to Beginning Construction 14 h. Coordination with United States Army Corps of 15 Engineers 16 i. Coordination within Railroad permits areas 17 j. Dust Control 18 k. Employee Parking 19 l. {Coordination with North Central Texas Council of 20 Governments Clean Construction Specification [remove if not required]} 21 B. Deviations from this City of Fort Worth Standard Specification 22 1. None. 23 C. Related Specification Sections include, but are not necessarily limited to: 24 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 25 2. Division 1 – General Requirements 26 3. Section 33 12 25 – Connection to Existing Water Mains 27 28 1.2 REFERENCES 29 A. Reference Standards 30 1. Reference standards cited in this Specification refer to the current reference 31 standard published at the time of the latest revision date logged at the end of this 32 Specification, unless a date is specifically cited. 33 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 34 High Voltage Overhead Lines. 35 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 36 Specification 37 1.3 ADMINISTRATIVE REQUIREMENTS 38 A. Coordination with the Texas Department of Transportation 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August, 30, 2013 1. When work in the right-of-way which is under the jurisdiction of the Texas 1 Department of Transportation (TxDOT): 2 a. Notify the Texas Department of Transportation prior 3 to commencing any work therein in accordance with the provisions of the 4 permit 5 b. All work performed in the TxDOT right-of-way shall 6 be performed in compliance with and subject to approval from the Texas 7 Department of Transportation 8 B. Work near High Voltage Lines 9 1. Regulatory Requirements 10 a. All Work near High Voltage Lines (more than 600 11 volts measured between conductors or between a conductor and the ground) 12 shall be in accordance with Health and Safety Code, Title 9, Subtitle A, Chapter 13 752. 14 2. Warning sign 15 a. Provide sign of sufficient size meeting all OSHA 16 requirements. 17 3. Equipment operating within 10 feet of high voltage lines will require the following 18 safety features 19 a. Insulating cage-type of guard about the boom or arm 20 b. Insulator links on the lift hook connections for back 21 hoes or dippers 22 c. Equipment must meet the safety requirements as set 23 forth by OSHA and the safety requirements of the owner of the high voltage 24 lines 25 4. Work within 6 feet of high voltage electric lines 26 a. Notification shall be given to: 27 1) The power company (example: ONCOR) 28 a) Maintain an accurate log of all such calls to power company and record 29 action taken in each case. 30 b. Coordination with power company 31 1) After notification coordinate with the power company to: 32 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 33 lower the lines 34 c. No personnel may work within 6 feet of a high voltage 35 line before the above requirements have been met. 36 C. Confined Space Entry Program 37 1. Provide and follow approved Confined Space Entry Program in accordance with 38 OSHA requirements. 39 2. Confined Spaces include: 40 a. Manholes 41 b. All other confined spaces in accordance with OSHA’s 42 Permit Required for Confined Spaces 43 D. Use of Explosives, Drop Weight, Etc. 44 1. When Contract Documents permit on the project the following will apply: 45 a. Public Notification 46 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August, 30, 2013 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 1 prior to commencing. 2 2) Minimum 24 hour public notification in accordance with Section 01 31 13 3 E. Water Department Coordination 4 1. During the construction of this project, it will be necessary to deactivate, for a 5 period of time, existing lines. The Contractor shall be required to coordinate with 6 the Water Department to determine the best times for deactivating and activating 7 those lines. 8 2. Coordinate any event that will require connecting to or the operation of an existing 9 City water line system with the City’s representative. 10 a. Coordination shall be in accordance with Section 33 11 12 25. 12 b. If needed, obtain a hydrant water meter from the 13 Water Department for use during the life of named project. 14 c. In the event that a water valve on an existing live 15 system be turned off and on to accommodate the construction of the project is 16 required, coordinate this activity through the appropriate City representative. 17 1) Do not operate water line valves of existing water system. 18 a) Failure to comply will render the Contractor in violation of Texas Penal 19 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 20 will be prosecuted to the full extent of the law. 21 b) In addition, the Contractor will assume all liabilities and 22 responsibilities as a result of these actions. 23 F. Public Notification Prior to Beginning Construction 24 1. Prior to beginning construction on any block in the project, on a block by block 25 basis, prepare and deliver a notice or flyer of the pending construction to the front 26 door of each residence or business that will be impacted by construction. The notice 27 shall be prepared as follows: 28 a. Post notice or flyer 7 days prior to beginning any 29 construction activity on each block in the project area. 30 1) Prepare flyer on the Contractor’s letterhead and include the following 31 information: 32 a) Name of Project 33 b) City Project No (CPN) 34 c) Scope of Project (i.e. type of construction activity) 35 d) Actual construction duration within the block 36 e) Name of the contractor’s foreman and phone number 37 f) Name of the City’s inspector and phone number 38 g) City’s after-hours phone number 39 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 40 A. 41 3) Submit schedule showing the construction start and finish time for each 42 block of the project to the inspector. 43 4) Deliver flyer to the City Inspector for review prior to distribution. 44 b. No construction will be allowed to begin on any block 45 until the flyer is delivered to all residents of the block. 46 G. Public Notification of Temporary Water Service Interruption during Construction 47 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August, 30, 2013 1. In the event it becomes necessary to temporarily shut down water service to 1 residents or businesses during construction, prepare and deliver a notice or flyer of 2 the pending interruption to the front door of each affected resident. 3 2. Prepared notice as follows: 4 a. The notification or flyer shall be posted 24 hours prior 5 to the temporary interruption. 6 b. Prepare flyer on the contractor’s letterhead and include 7 the following information: 8 1) Name of the project 9 2) City Project Number 10 3) Date of the interruption of service 11 4) Period the interruption will take place 12 5) Name of the contractor’s foreman and phone number 13 6) Name of the City’s inspector and phone number 14 c. A sample of the temporary water service interruption 15 notification is attached as Exhibit B. 16 d. Deliver a copy of the temporary interruption 17 notification to the City inspector for review prior to being distributed. 18 e. No interruption of water service can occur until the 19 flyer has been delivered to all affected residents and businesses. 20 f. Electronic versions of the sample flyers can be 21 obtained from the Project Construction Inspector. 22 H. Coordination with United States Army Corps of Engineers (USACE) 23 1. At locations in the Project where construction activities occur in areas where 24 USACE permits are required, meet all requirements set forth in each designated 25 permit. 26 I. Coordination within Railroad Permit Areas 27 1. At locations in the project where construction activities occur in areas where 28 railroad permits are required, meet all requirements set forth in each designated 29 railroad permit. This includes, but is not limited to, provisions for: 30 a. Flagmen 31 b. Inspectors 32 c. Safety training 33 d. Additional insurance 34 e. Insurance certificates 35 f. Other employees required to protect the right-of-way 36 and property of the Railroad Company from damage arising out of and/or from 37 the construction of the project. Proper utility clearance procedures shall be 38 used in accordance with the permit guidelines. 39 2. Obtain any supplemental information needed to comply with the railroad’s 40 requirements. 41 J. Dust Control 42 1. Use acceptable measures to control dust at the Site. 43 a. If water is used to control dust, capture and properly 44 dispose of waste water. 45 b. If wet saw cutting is performed, capture and properly 46 dispose of slurry. 47 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August, 30, 2013 K. Employee Parking 1 1. Provide parking for employees at locations approved by the City. 2 L. {Coordination with North Central Texas Council of Governments (NCTCOG) Clean 3 Construction Specification [if required for the project] 4 1. Comply with equipment, operational, reporting and enforcement requirements set 5 forth in NCTCOG’s Clean Construction Specification.} 6 1.4 SUBMITTALS [NOT USED] 7 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 8 1.6 CLOSEOUT SUBMITTALS [NOT USED] 9 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.8 QUALITY ASSURANCE [NOT USED] 11 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 12 1.10 FIELD [SITE] CONDITIONS [NOT USED] 13 1.11 WARRANTY [NOT USED] 14 PART 2 - PRODUCTS [NOT USED] 15 PART 3 - EXECUTION [NOT USED] 16 END OF SECTION 17 18 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 19 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS 102843 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS 102843 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised JULY 1, 2011 SECTION 01 50 00 1 TEMPORARY FACILITIES AND CONTROLS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provide temporary facilities and controls needed for the Work including, but not 6 necessarily limited to: 7 a. Temporary utilities 8 b. Sanitary facilities 9 c. Storage Sheds and Buildings 10 d. Dust control 11 e. Temporary fencing of the construction site 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 – General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Temporary Utilities 24 1. Obtaining Temporary Service 25 a. Make arrangements with utility service companies for temporary services. 26 b. Abide by rules and regulations of utility service companies or authorities 27 having jurisdiction. 28 c. Be responsible for utility service costs until Work is approved for Final 29 Acceptance. 30 1) Included are fuel, power, light, heat and other utility services necessary for 31 execution, completion, testing and initial operation of Work. 32 2. Water 33 a. Contractor to provide water required for and in connection with Work to be 34 performed and for specified tests of piping, equipment, devices or other use as 35 required for the completion of the Work. 36 b. Provide and maintain adequate supply of potable water for domestic 37 consumption by Contractor personnel and City’s Project Representatives. 38 c. Coordination 39 1) Contact City 1 week before water for construction is desired 40 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1 1) Obtain construction water meter from City for payment as billed by City’s 2 established rates. 3 3. Electricity and Lighting 4 a. Provide and pay for electric powered service as required for Work, including 5 testing of Work. 6 1) Provide power for lighting, operation of equipment, or other use. 7 b. Electric power service includes temporary power service or generator to 8 maintain operations during scheduled shutdown. 9 4. Telephone 10 a. Provide emergency telephone service at Site for use by Contractor personnel 11 and others performing work or furnishing services at Site. 12 5. Temporary Heat and Ventilation 13 a. Provide temporary heat as necessary for protection or completion of Work. 14 b. Provide temporary heat and ventilation to assure safe working conditions. 15 B. Sanitary Facilities 16 1. Provide and maintain sanitary facilities for persons on Site. 17 a. Comply with regulations of State and local departments of health. 18 2. Enforce use of sanitary facilities by construction personnel at job site. 19 a. Enclose and anchor sanitary facilities. 20 b. No discharge will be allowed from these facilities. 21 c. Collect and store sewage and waste so as not to cause nuisance or health 22 problem. 23 d. Haul sewage and waste off-site at no less than weekly intervals and properly 24 dispose in accordance with applicable regulation. 25 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 26 4. Remove facilities at completion of Project 27 C. Storage Sheds and Buildings 28 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 29 above ground level for materials and equipment susceptible to weather damage. 30 2. Storage of materials not susceptible to weather damage may be on blocks off 31 ground. 32 3. Store materials in a neat and orderly manner. 33 a. Place materials and equipment to permit easy access for identification, 34 inspection and inventory. 35 4. Equip building with lockable doors and lighting, and provide electrical service for 36 equipment space heaters and heating or ventilation as necessary to provide storage 37 environments acceptable to specified manufacturers. 38 5. Fill and grade site for temporary structures to provide drainage away from 39 temporary and existing buildings. 40 6. Remove building from site prior to Final Acceptance. 41 D. Temporary Fencing 42 1. Provide and maintain for the duration or construction when required in contract 43 documents 44 E. Dust Control 45 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the 1 project. 2 a. Contractor remains on-call at all times 3 b. Must respond in a timely manner 4 F. Temporary Protection of Construction 5 1. Contractor or subcontractors are responsible for protecting Work from damage due 6 to weather. 7 1.5 SUBMITTALS [NOT USED] 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE [NOT USED] 12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS [NOT USED] 16 PART 3 - EXECUTION [NOT USED] 17 3.1 INSTALLERS [NOT USED] 18 3.2 EXAMINATION [NOT USED] 19 3.3 PREPARATION [NOT USED] 20 3.4 INSTALLATION 21 A. Temporary Facilities 22 1. Maintain all temporary facilities for duration of construction activities as needed. 23 3.5 [REPAIR] / [RESTORATION] 24 3.6 RE-INSTALLATION 25 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 26 3.8 SYSTEM STARTUP [NOT USED] 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES 30 A. Temporary Facilities 31 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a 1 condition equal to or better than prior to start of Work. 2 3.12 PROTECTION [NOT USED] 3 3.13 MAINTENANCE [NOT USED] 4 3.14 ATTACHMENTS [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised July 1, 2011 SECTION 01 55 26 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative procedures for: 6 a. Street Use Permit 7 b. Modification of approved traffic control 8 c. Removal of Street Signs 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 – General Requirements 14 3. Section 34 71 13 – Traffic Control 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this specification refer to the current reference standard 22 published at the time of the latest revision date logged at the end of this 23 specification, unless a date is specifically cited. 24 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Traffic Control 27 1. General 28 a. When traffic control plans are included in the Drawings, provide Traffic 29 Control in accordance with Drawings and Section 34 71 13. 30 b. When traffic control plans are not included in the Drawings, prepare traffic 31 control plans in accordance with Section 34 71 13 and submit to City for 32 review. 33 1) Allow minimum 10 working days for review of proposed Traffic Control. 34 B. Street Use Permit 35 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 36 a. To obtain Street Use Permit, submit Traffic Control Plans to City 37 Transportation and Public Works Department. 38 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 1 2) Contractor’s responsibility to coordinate review of Traffic Control plans for 2 Street Use Permit, such that construction is not delayed. 3 C. Modification to Approved Traffic Control 4 1. Prior to installation traffic control: 5 a. Submit revised traffic control plans to City Department Transportation and 6 Public Works Department. 7 1) Revise Traffic Control plans in accordance with Section 34 71 13. 8 2) Allow minimum 5 working days for review of revised Traffic Control. 9 3) It is the Contractor’s responsibility to coordinate review of Traffic Control 10 plans for Street Use Permit, such that construction is not delayed. 11 D. Removal of Street Sign 12 1. If it is determined that a street sign must be removed for construction, then contact 13 City Transportation and Public Works Department, Signs and Markings Division to 14 remove the sign. 15 E. Temporary Signage 16 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 17 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 18 Devices (MUTCD). 19 2. Install temporary sign before the removal of permanent sign. 20 3. When construction is complete, to the extent that the permanent sign can be 21 reinstalled, contact the City Transportation and Public Works Department, Signs 22 and Markings Division, to reinstall the permanent sign. 23 F. Traffic Control Standards 24 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 PART 2 - PRODUCTS [NOT USED] 34 PART 3 - EXECUTION [NOT USED] 35 END OF SECTION 36 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised July 1, 2011 1 Revision Log DATE NAME SUMMARY OF CHANGE 2 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised July 1, 2011 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 Contract 11 2. Division 1 – General Requirements 12 3. Section 31 25 00 – Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 a. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than 1 acre of disturbance 19 a. Measurement and Payment shall be in accordance with Section 31 25 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 27 A. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Integrated Storm Management (iSWM) Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. 37 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised July 1, 2011 B. Construction Activities resulting in: 1 1. Less than 1 acre of disturbance 2 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 3 Drawings. 4 2. 1 to less than 5 acres of disturbance 5 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 6 Permit is required 7 b. Complete SWPPP in accordance with TCEQ requirements 8 1) TCEQ Small Construction Site Notice Required under general permit 9 TXR150000 10 a) Sign and post at job site 11 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 12 Transportation and Public Works, Environmental Division, (817) 392-13 6088. 14 2) Provide erosion and sediment control in accordance with: 15 a) Section 31 25 00 16 b) The Drawings 17 c) TXR150000 General Permit 18 d) SWPPP 19 e) TCEQ requirements 20 3. 5 acres or more of Disturbance 21 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 22 Permit is required 23 b. Complete SWPPP in accordance with TCEQ requirements 24 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25 a) Sign and post at job site 26 b) Send copy to City Department of Transportation and Public Works, 27 Environmental Division, (817) 392-6088. 28 2) TCEQ Notice of Change required if making changes or updates to NOI 29 3) Provide erosion and sediment control in accordance with: 30 a) Section 31 25 00 31 b) The Drawings 32 c) TXR150000 General Permit 33 d) SWPPP 34 e) TCEQ requirements 35 4) Once the project has been completed and all the closeout requirements of 36 TCEQ have been met a TCEQ Notice of Termination can be submitted. 37 a) Send copy to City Department of Transportation and Public Works, 38 Environmental Division, (817) 392-6088. 39 1.5 SUBMITTALS 40 A. SWPPP 41 1. Submit in accordance with Section 01 33 00, except as stated herein. 42 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43 as follows: 44 1) 1 copy to the City Project Manager 45 a) City Project Manager will forward to the City Department of 46 Transportation and Public Works, Environmental Division for review 47 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised July 1, 2011 B. Modified SWPPP 1 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - PRODUCTS [NOT USED] 11 PART 3 - EXECUTION [NOT USED] 12 END OF SECTION 13 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] [Insert Project Name] TS – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS 102843 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. [Insert Project Name] TS – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS 102843 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 – General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5. Clearly and fully mark and identify as to manufacturer, item and installation 4 location. 5 6. Provide manufacturer's instructions for storage and handling. 6 B. Handling Requirements 7 1. Handle products or equipment in accordance with these Contract Documents and 8 manufacturer’s recommendations and instructions. 9 C. Storage Requirements 10 1. Store materials in accordance with manufacturer’s recommendations and 11 requirements of these Specifications. 12 2. Make necessary provisions for safe storage of materials and equipment. 13 a. Place loose soil materials and materials to be incorporated into Work to prevent 14 damage to any part of Work or existing facilities and to maintain free access at 15 all times to all parts of Work and to utility service company installations in 16 vicinity of Work. 17 3. Keep materials and equipment neatly and compactly stored in locations that will 18 cause minimum inconvenience to other contractors, public travel, adjoining owners, 19 tenants and occupants. 20 a. Arrange storage to provide easy access for inspection. 21 4. Restrict storage to areas available on construction site for storage of material and 22 equipment as shown on Drawings, or approved by City’s Project Representative. 23 5. Provide off-site storage and protection when on-site storage is not adequate. 24 a. Provide addresses of and access to off-site storage locations for inspection by 25 City’s Project Representative. 26 6. Do not use lawns, grass plots or other private property for storage purposes without 27 written permission of owner or other person in possession or control of premises. 28 7. Store in manufacturers’ unopened containers. 29 8. Neatly, safely and compactly stack materials delivered and stored along line of 30 Work to avoid inconvenience and damage to property owners and general public 31 and maintain at least 3 feet from fire hydrant. 32 9. Keep public and private driveways and street crossings open. 33 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 34 satisfaction of City’s Project Representative. 35 a. Total length which materials may be distributed along route of construction at 36 one time is 1,000 linear feet, unless otherwise approved in writing by City’s 37 Project Representative. 38 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 ERECTION [NOT USED] 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. Tests and Inspections 12 1. Inspect all products or equipment delivered to the site prior to unloading. 13 B. Non-Conforming Work 14 1. Reject all products or equipment that are damaged, used or in any other way 15 unsatisfactory for use on the project. 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION 21 A. Protect all products or equipment in accordance with manufacturer's written directions. 22 B. Store products or equipment in location to avoid physical damage to items while in 23 storage. 24 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 25 the manufacturer. 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 1 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Scheduling 20 1. Schedule cleaning operations so that dust and other contaminants disturbed by 21 cleaning process will not fall on newly painted surfaces. 22 2. Schedule final cleaning upon completion of Work and immediately prior to final 23 inspection. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 STORAGE, AND HANDLING 30 A. Storage and Handling Requirements 31 1. Store cleaning products and cleaning wastes in containers specifically designed for 32 those materials. 33 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 1 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 2 this project. 3 8. Remove all signs of temporary construction and activities incidental to construction 4 of required permanent Work. 5 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6 have the cleaning completed at the expense of the Contractor. 7 10. Do not burn on-site. 8 B. Intermediate Cleaning during Construction 9 1. Keep Work areas clean so as not to hinder health, safety or convenience of 10 personnel in existing facility operations. 11 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 12 3. Confine construction debris daily in strategically located container(s): 13 a. Cover to prevent blowing by wind 14 b. Store debris away from construction or operational activities 15 c. Haul from site at a minimum of once per week 16 4. Vacuum clean interior areas when ready to receive finish painting. 17 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 18 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 19 may become airborne or transported by flowing water during the storm. 20 C. Exterior (Site or Right of Way) Final Cleaning 21 1. Remove trash and debris containers from site. 22 a. Re-seed areas disturbed by location of trash and debris containers in accordance 23 with Section 32 92 13. 24 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 25 that may hinder or disrupt the flow of traffic along the roadway. 26 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 27 junction boxes and inlets. 28 4. If no longer required for maintenance of erosion facilities, and upon approval by 29 City, remove erosion control from site. 30 5. Clean signs, lights, signals, etc. 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 3.12 PROTECTION [NOT USED] 33 3.13 MAINTENANCE [NOT USED] 34 3.14 ATTACHMENTS [NOT USED] 35 36 37 38 39 40 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 3 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to City’s Project Representative. 26 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 CLOSEOUT PROCEDURE 8 A. Prior to requesting Final Inspection, submit: 9 1. Project Record Documents in accordance with Section 01 78 39 10 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12 01 74 23. 13 C. Final Inspection 14 1. After final cleaning, provide notice to the City Project Representative that the Work 15 is completed. 16 a. The City will make an initial Final Inspection with the Contractor present. 17 b. Upon completion of this inspection, the City will notify the Contractor, in 18 writing within 10 business days, of any particulars in which this inspection 19 reveals that the Work is defective or incomplete. 20 2. Upon receiving written notice from the City, immediately undertake the Work 21 required to remedy deficiencies and complete the Work to the satisfaction of the 22 City. 23 3. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City, that the required Work has been completed. Upon receipt 25 of this notice, the City, in the presence of the Contractor, will make a subsequent 26 Final Inspection of the project. 27 4. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102843 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection 1 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 2 E. Supporting Documentation 3 1. Coordinate with the City Project Representative to complete the following 4 additional forms: 5 a. Final Payment Request 6 b. Statement of Contract Time 7 c. Affidavit of Payment and Release of Liens 8 d. Consent of Surety to Final Payment 9 e. Pipe Report (if required) 10 f. Contractor’s Evaluation of City 11 g. Performance Evaluation of Contractor 12 F. Letter of Final Acceptance 13 1. Upon review and acceptance of Notice of Project Completion and Supporting 14 Documentation, in accordance with General Conditions, City will issue Letter of 15 Final Acceptance and release the Final Payment Request for payment. 16 3.5 REPAIR / RESTORATION [NOT USED] 17 3.6 RE-INSTALLATION [NOT USED] 18 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 29 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 CITY OF FORT WORTH NORHTWEST COMMERCE PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 101904 Revised July 1, 2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK RISINGER ROAD SOUTH INDUSTRIAL PARK CPN 102560 – DEVELOPER AWARDED PROJECTS – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 ���� �n�in���in� �;iarEc.�r��c.q_ n::i � I� � L! P tr�+iucr;n�ti�n� �or�s��! �nr�rs June 11, 2020 Project No. 23434 Report No. 2 VanTrust Real Estate, LLC 4900 Main Street, Suite 400 Kansas City, Missouri 64112 ATTN: Mr. Ryan Hackenmiller Re: Pavement Analysis Cardinal Road Fort Worth, Texas Gentlemen: Submitted here is the analysis for a new roadway (Cardinal Road) to be constructed at the FWLH site in Fort Worth, Texas. Purpose and Scope The purpose of this investigation has been to evaluate the general subsurface conditions and provide recommendations for: • pavement subgrade and stabilization; • pavement section thickness; and • site preparation and earthwork compaction criteria. The investigation has included drilling sample borings, performing laboratory testing, analyzing engineering and geologic data and developing geotechnical recommendations. The following sections present the methodology used in this investigation. Field Investigation Subsurface conditions along the roadway were evaluated with a total of five borings drilled at the locations shown on Plate 1 attached. Sample depth, description of materials, field tests, water conditions and soil classification [Unified Soil Classification System (USCS), ASTM D2488] are presented on the Boring Logs, Plates 2 through 6. Keys to terms and symbols used on the logs are attached as Plates 7 and 8. Laboratory Testing Laboratory tests were performed to evaluate index properties and confirm visual classification. Tests included Atterberg Limits (ASTM D4318) and moisture content (ASTM D2216) determinations. The results of these tests are summarized on Plate 9. �•V;•i �.TL��Z CRIVF. ;LJITE d(1G C�ALLAS.TY. 75?37 ce{ 2�a 35�.SbUO Fax 2ki.35Q.Otll9 www.reed-enRineering.com GE!�'7E��HNI��FL ENGSNEERING E1�1V1HD�+lMEM7Al CON5l1LYi1JG iC�l.•i.9 �:lfl/1 �C�l►�l�i I_7[�:iF���! x-i iI. [d VanTrust Real Estate, LLC Project No. 23434 Report No. 2 June 18, 2020 Page 2 of 6 Lime series tests were performed on the subgrade clays. The results of these tests are summarized on Plate 10. Subsurface Conditions Subsurface conditions encountered in the borings consisted of alluvial and residual soils over severely weathered grading to unweathered limestone of the undivided Cretaceous Main Street Limestone and Grayson Marl Formations. The alluvial soils were encountered in Borings B-41 and B-42, and consisted of dark brown to brown to yellowish-brown, high to low plasticity (CH to CL) silty clay with varying amounts of limestone gravel. The residual soils were encountered in Borings B-38 through B-40, and consisted of dark brown to brown to yellowish-brown CH to CL silty clays with varying amounts of calcareous particles, concretions and deposits. Some borings encountered yellowish-brown to brownish-yellow, severely weathered limestone. The severely weathered limestone possesses the engineering properties of CL calcareous clay. Within four borings, tan, hard to very hard (rock classification) limestone was encountered at depths of 7 to 12 feet. These four barings were terminated in the tan, weathered limestone. Ground water seepage was encountered during drilling in Borings B-40 through B-42 at depths of six to eight feet. Based on post-drilling ground water observations, ground water was encountered in the same three borings at depths of two to six feet, four to six days following drilling. ANALYSIS AND RECOMMENDATIONS General It is understood that Cardinal Road will be considered to be a divided industrial-type roadway [Industrial from Table 3.1 of the Fort Worth "Pavement Design Standards Manual (2015)"]. For the pavement design purpose, variables used in the analyses are in general conformance with American Association of State Highway and Transportation Officials (AASHTO) Guide for Design of Pavement Structures (1993) and "Pavement Design Standards Manual (2015)" adopted by the City of Fort Worth, Transportation and Public Works Department. Minimum Pavement Design A design life period of 30 years was considered for the street. An annual traffic volume of 200,000 Equivalent Single Axle Loads (ESALs) was considered at the beginning of the design period. A traffic growth rate of 2.0 percent was considered during the design period. The traffic analysis and design ESAL within the roadway are presented on Table 1. VanTrust Real Estate, LLC Project No. 23434 Report No. 2 June 18, 2020 Page 3 of 6 TABLE 1. TRAFFIC ANALYSIS Industrial Road Annual Traffic (ESAL) 200,000 Growth Rate (Percent) 2.0 Design Life (Years) 30 Design Life ESAL 8,114,000 The input parameters for the pavement analyses are included in Table 2. The reliability, overall standard deviation, initial serviceability, and terminal serviceability are in accordance with the AASHTO Guide for Design of Pavement Structures, 1993. The concrete modulus of rupture and concrete elastic modulus were calculated using a 28-day concrete compressive strength of the 4,000 pounds per square inch (psi) concrete. The modulus of subgrade reaction is considering an 8-inch thick, 6 percent hydrated, lime-treated subgrade. TABLE 2. SUMMARY OF INPUT PARAMETERS Parameter Input Values Modulus of Subgrade Reaction (k) 329 pci Reliability 90% Overall Standard Deviation 0.39 Initial Serviceability Index 4.5 Terminal Serviceability Index 2.25 VanTrust Real Estate, LLC Project No. 23434 Report No. 2 June 18, 2020 Page 4 of 6 TABLE 2. SUMMARY OF INPUT PARAMETERS (Continued) Parameter Input Values Load Transfer Coefficient 3.0 Overall Drainage Coefficient (Cd) 1.0 Concrete Modulus of Rupture (psi) 620 Concrete Modulus of Elasticity (psi) 4,000,000 Site-excavated soils should be placed in maximum eight-inch loose lifts and compacted to the moisture and density requirements outlined above. Pavement subgrade that will underlie fill should be scarified to a depth of 6 inches and recompacted to a minimum of 95 percent of the maximum density, as determined by ASTM D698, "Standard Proctor". The moisture content should range from optimum to +4 percentage points above optimum. Design Pavement Section The pavement design analyses were performed in accordance with AASHTO guidelines. Texas Department of Transportation (TxDOT) computer program "WinPAS" was used for the pavement design. The design pavement sections for the roadway are presented in Table 3. VanTrust Real Estate, LLC Project No. 23434 Report No. 2 June 18, 2020 Page 5 of 6 TABLE 3. PAVEMENT SECTION AND SUBGRADE CONDITIONS Industrial Roadway 4,000-psi Concrete 9.5 Inches of Concrete. 8-Inch Thick, 6% Hydrated, Lime-Treated Subgrade The minimum reinforcing for an Industrial Roadway is #4 steel rebar on 18 inches on-center (per Table 4.1). Two lime series tests were performed on the subgrade clays. The results of the lime series tests are presented on Plate 10. Based on the lime series tests, it is recommended that the concrete sections be constructed over a minimum of 8 inches of subgrade stabilized with 6 percent hydrated lime (approximately 36 pounds per square yard). Lime stabilization should be conducted in accordance with TxDOT "Standard Specifications for Construction of Highways, Streets and Bridges," 20l 4 Edition, Item 260. Lime-stabilized soils should be compacted to a minimum of 95 percent of Standard Proctor density, ASTM D698. It is also recommended that joint placement, saw cutting of joints, and quality control (testing of subgrade and concrete) be performed in accordance with the City of Fort Worth Pavement Design Standards Manual (2015). VanTrust Real Estate, LLC Project No. 23434 Report No. 2 June 18, 2020 Page 6 of 6 CLOSURE We appreciate the opportunity to present this information. Should you have any questions concerning our findings, or if you desire additional information, please do not hesitate to call. Sincerely, REED ENGINEERING GROUP, LTD. Registration Number F-3114 . r���;�� ��� � ' �__ Derrin G. Williams Project Geologist �7 �' - �� , /.'�� �'w� �� J ��� _ _ � � Ronald F. Reed, P.E. Principal Engineer DGW/RFR/apv � �A� � ° F rF�,'�q'f - � ' .,,.. • ,.,3' i� !*: �.. :*! �*: ..*� .� RONALO �F.��REED��. :-fl �. 48174 : ��: ��NA� June 11, 2020 copy submitted via e-mail only h+. �v . E 313rf.1 �f. 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E � a� o DESCRIPTION OF STRATA �f{� � � J Pocket Penetrometer Readings �{{� (n L(� Tons Per Sq. Ft. -� + 4. ++ SILTY CLAY, dark brown, stiff to very stiff, w/trace of calcareous concretions (CH) 5 - CALCAREOUS CLAY, brownish-yellow, hard (severely weathered limestone) (CL) 10 - LIMESTONE, tan, hard to very hard, weathered � 1:OO:BIpw3 =:1-7/2:inGheS : 15 Total Depth = 15 feet Dry after 3 minutes. Dry & blocked @ 14' @ end of day. Dry & blocked @ 14' on 3/27/2020. 20 25 30 BORING LOG B-38 PLATE 2 GE�TECHNICAL C�NSl1LTANTS REED ENGINEERING GROUP Project Number : 23434 Pavement Analysis Cardinal Road Date Completed : 3/27/2020 FoPt WOr'th, Texas Location: See Plate 1 tan ar enetration ests dl v Blows per Foot -� Depth �- �° Q io 2o so ao ao so Elev. E � a� o DESCRIPTION OF STRATA �f{� � � J Pocket Penetrometer Readings �{{� (n L(� Tons Per Sq. Ft. -� + 4. ++ SILTY CLAY, dark brown, stiff to very stiff, w/trace of limestone particles (CH) SILTY CLAY, brown & yellowish-brown, very stiff to hard, w/trace of calcareous deposits (CL - CH) 5 -w/brownish-yellow below 5' LIMESTONE, tan, hard to very hard, w/silty clay seams, � weathered 10 - 100 Blows:= 2 iriches : 15 Total Depth = 15 feet Dry after 3 minutes. Dry & blocked @ 14' @ end of day. Dry & blocked @ 14' on 3/27/2020. 20 25 30 BORING LOG B-39 PLATE 3 GE�TECHNICAL C�NSl1LTANTS REED ENGINEERING GROUP Project Number : 23434 Pavement Analysis Cardinal Road Date Completed : 3/23/2020 FOPt WOr'th, Texas Location: See Plate 1 tan ar enetration ests dl v Blows per Foot -� Depth �- �° Q io 2o so ao ao so Elev. E � a� o DESCRIPTION OF STRATA �f{� � � J Pocket Penetrometer Readings �{{� (n L(� Tons Per Sq. Ft. -� + 4. ++ SILTY CLAY, dark brown to brown, very stiff, w/trace of calcareous concretions (CH) SILTY CLAY, yellowish-brown very stiff to hard, w/trace of deposits (CL) UVa4er le I on 3/2:7/202b : 5 - Seepage durin. illjng; CALCAREOUS CLAY, yellowish-brown & brownish-yellow, hard - (severely weathered limestone) (CL) 10 - 15 Total Depth = 15 feet Seepage encountered @ 8' during drilling. Water @ 6' after 3 minutes. Water @ 6' & blocked @ 13-1/2' @ end of day. Water @ 4' & blocked @ 7' on 3/27/2020. 20 25 30 BORING LOG B-40 PLATE 4 GE�TECHNICAL C�NSl1LTANTS REED ENGINEERING GROUP Project Number : 23434 Pavement Analysis Cardinal Road Date Completed : 3/21/2020 FOPt WOr'th, Texas Location: See Plate 1 tan ar enetration ests dl v Blows per Foot -� Depth �- �° Q io 2o so ao ao so Elev. E � a� o DESCRIPTION OF STRATA �f{� � � J Pocket Penetrometer Readings �{{� (n L(� Tons Per Sq. Ft. -� + 4. ++ SILTY CLAY, dark brown, stiff to very stiff (CH) 5 SILTY CLAY, brown, very stiff, w/limestone gravel (CH) Water vel on 3/27/2020 Se�psge durin rilling: LIMESTONE, tan & gray, hard to very hard, weathered 10 / - 100 Blows:= 2 iriches : 15 Total Depth = 15 feet Seepage encountered @ 8' during drilling. Water @ 13-1/2' after 4 minutes. Water @ 13-1/2' & blocked @ 14-1/2' @ end of day. Water @ 6' & blocked @ 3' on 3/27/2020. 20 25 30 BORING LOG B-41 PLATE 5 GE�TECHNICAL C�NSl1LTANTS REED ENGINEERING GROUP Project Number : 23434 Pavement Analysis Cardinal Road Date Completed : 3/21/2020 FOPt WOr'th, Texas Location: See Plate 1 tan ar enetration ests dl v Blows per Foot -� Depth �- �° Q io 2o so ao ao so Elev. E � a� o DESCRIPTION OF STRATA �f{� � � J Pocket Penetrometer Readings �{{� (n L(� Tons Per Sq. Ft. -� + 4. ++ SILTY CLAY, dark brown, stiff to very stiff, w/trace of calcareous concretions (CH) ter level on 3/27/2020 SILTY CLAY, yellowish-brown, very stiff, w/trace of calcareous concretions & calcareous deposits (CL) 5 - Seep; during drilljng; LIMESTONE, tan, hard to very hard, weathered 100 Blows:= 4 inches : 10 / - 100 B:lov%s = 112 ihclies 15 Total Depth = 15 feet Seepage encountered @ 6' during drilling. Water @ 14' after 3 minutes. Water @ 8-1/2' & blocked @ 11-1/2' @ end of day. Water @ 2' & blocked @ 5' on 3/27/2020. 20 25 30 BORING LOG B-42 PLATE 6 GE�TECHNICAL C�NSl1LTANTS GROUP Fill Type of Fill Clay (CL) (LL<50) �Clay (CH) (LL>50) �SILT (ML) (LL<50) �SILT (MH) (LL>50) �CLAYEY SAND (SC) �SILTY SAND (SM) � SAND (SP-SW) �CLAYEY GR4VEL (GR4VELLY CLAY) o �o GRAVEL O � �GP-GW) �(weathered) SHALE (unweathered) ��weathered) LIMESTONE (unweathered) (weathered) SANDSTONE • (unweathered) �UNDISTURBED (Shelby Tube & NX-Core) �STANDARD PENETR4TION TEST �= Water level at time of drilling. � DISTURBED �THD CONE PENETROMETER 1= Subsequent water level and date. TEST KEYS TO SYMBOLS USED ON BORING LOGS PLATE 7 GEOTECHNICAL CONSULTANTS GROUP SOIL PROPERTIES COHESIONLESS SOILS SPT N-Values Relative (blows / foot) Density 0 - 4 .....................Very Loose 4 - 10 .....................Loose 10 - 30 .....................Medium Dense 30 - 50 .....................Dense 50 + .....................Very Dense COHESIONLESS SOILS Pocket Penetrometer Consistency (T.S.F.) <0.25 .................... Very Soft 0.25-0.50 ............... Loose 0.50-1.00 ............... Medium Stiff 1.00-2.00 ............... Stiff 2.00-4.00 ............... Very Stiff 4.00 + .................... Hard ROCK PROPERTIES HARDNESS Very Soft ............... Soft....................... Moderately Hard ... Hard..................... Very Hard .............. DIAGNOSTIC FEATURES Can be dented with moderate finger pressure. Can be scratched easily with fingernail. Can be scratched easily with knife but not with fingernail. Can be scratched with knife with some difficulty; can be broken by light to moderate hammer blow. Cannot be scratched with knife; can be broken by repeated heavy hammer blows. DEGREE OF WEATHERING DIAGNOSTIC FEATURES Slightly Weathered ......... Slight discoloration inwards from open fractures. Weathered ...................... Discoloration throughout; weaker minerals decomposed; strength somewhat less than fresh rock; structure preserved. Severely Weathered ....... Most minerals somewhat decomposes; much softer than fresh rock; texture becoming indistict but fabric and structure preserved. Completely Weathered ... Minerals decomposes to soil; rock fabric and structure destroyed (residual soil). KEYS TO DESCRIPTIVE TERMS ON BORING LOGS PLATE 8 GEOTECHNICAL CONSULTANTS R E E L] E f- I G I f l E E R 1 I- I G R E E L] E f- I G I f l E E R 1 I- I G CITY OF FORT WORTH NORHTWEST COMMERCE PARK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 101904 Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK RISINGER ROAD SOUTH INDUSTRIAL PARK CPN 102560 SOUTH OAK GROVE ESTATES, SECTION SIX R AWARDED PROJECTS 102739 NORHTWEST COMMERCE PARK CITY PROJECT NO. 101904 RISINGER ROAD SOUTH INDUSTRIAL PARK CPN 102560 – DEVELOPER AWARDED PROJECTS – DEVELOPER AWARDED PROJECTS FORT WORTH LOGISTICS HUB & BURLESON CARDINAL ROAD IMPROVEMENTS – Developer Awarded Projects 102843 CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: October 21, 2020 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 Page A.Water & Sewer 1. Manholes & Bases/Components ........................................................... 1 2.Manholes & Bases/Fiberglass ............................................................... 2 3.Manholes & Bases/Frames & Covers/Rectangular ............................... 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 ..................................................................................... 13 14. Coatings/Polyurethane .......................................................................... 14 15. Combination Air Valves ....................................................................... 15 16. Pipes/Concrete ...................................................................................... 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 Fire Hydrants ...................................................................... 28 29. Meters ................................................................................................... 29 30. Pipes/PVC (Pressure Water) ................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement ..................................................................... 34 35. Sampling Stations ................................................................................. 35 36. Automatic Flusher ................................................................................. 36 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeWater & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16)07/23/97 33 05 13 Urethane Hydrophilic WaterstopAsahi Kogyo K.K.Adeka Ultra-Seal P-201ASTM D2240/D412/D79204/26/00 33 05 13 Offset Joint for 4' Diam. MHHanson Concrete ProductsDrawing No. 35-0048-00104/26/00 33 05 13 Profile Gasket for 4' Diam. MH.Press-Seal Gasket Corp.250-4G GasketASTM C-443/C-361SS MH1/26/99 33 05 13 HDPE Manhole Adjustment RingsLadtech, IncHDPE Adjustment RingNon-traffic area5/13/05 33 05 13 Manhole External WrapCanusa - CPSWrapidSeal Manhole Encapsulation SystemCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.* From Original Standard Products ListClick to Return to the Table of Content1Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13)1/26/99 33 39 13 Fiberglass ManholeFluid Containment, Inc.FlowtiteASTM 3753Non-traffic area08/30/06 33 39 13 Fiberglass ManholeL.F. ManufacturingNon-traffic area* From Original Standard Products ListClick to Return to the Table of Content2Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversWestern Iron Works, Bass & Hays Foundry100124"x40" WD* From Original Standard Products ListClick to Return to the Table of Content3Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversWestern Iron Works, Bass & Hays Foundry3002424" Dia.*33 05 13 Manhole Frames and CoversMcKinley Iron Works Inc.A 24 AM24" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1272ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR- 165-LM (Hinged)ASTM A48 & AASHTO M30624" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryNF 1274ASTM A48 & AASHTO M30630" Dia.08/24/18 33 05 13 Manhole Frames and CoversNeenah FoundryR-1743-LM (Hinged)ASTM A48 & AASHTO M30630" dia.33 05 13 Manhole Frames and CoversSigma CorporationMH-144N33 05 13 Manhole Frames and CoversSigma CorporationMH-143N33 05 13 Manhole Frames and CoversPont-A-MoussonGTS-STD24" dia.33 05 13 Manhole Frames and CoversNeenah Casting24" dia.10/31/06 33 05 13 Manhole Frames and Covers (Hinged)PowersealHinged Ductile Iron Manhole ASTM A53624" Dia.7/25/03 33 05 13 Manhole Frames and CoversSaint-Gobain Pipelines (Pamrex/rexus)RE32-R8FS30" Dia.01/31/06 33 05 1330" Dia. MH Ring and CoverEast Jordan Iron WorksV1432-2 and V1483 DesignsAASHTO M306-0430" Dia.11/02/10 33 05 1330" Dia. MH Ring and CoverSigma CorporationMH1651FWN & MH1650230" Dia07/19/11 33 05 1330" Dia. MH Ring and CoverStar Pipe ProductsMH32FTWSS-DC 30" Dia08/10/11 33 05 1330" Dia. MH Ring and CoverAccucast220700 Heavy Duty with Gasket Ring30" Dia10/14/13 33 05 1330" Dia. MH Ring and Cover (Hinged & Lockable)East Jordan Iron Works 30" ERGO XL Assembly with Cam Lock/MPIC/T-Gasket ASSHTO M105 & ASTM A53630" Dia06/01/17 34 05 1330" Dia. MH Ring and Cover (Hinged & Lockable) CISIP Industries2280 (32")ASTM A 4830" Dia.09/16/19 33 05 13.1030" Dia. MH Ring and Cover Composite Access Products, L.P.CAP-ONE-30-FTW, Composite, w/ Lock w/o Hing30" Dia.* From Original Standard Products ListClick to Return to the Table of Content4Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/16)*33 05 13 Manhole Frames and CoversPont-A-MoussonPamtight24" Dia.*33 05 13 Manhole Frames and CoversNeenah Casting24" Dia.*33 05 13 Manhole Frames and CoversWestern Iron Works,Bass & Hays Foundry300-24P24" Dia.*33 05 13 Manhole Frames and CoversMcKinley Iron Works Inc.WPA24AM24" Dia.03/08/00 33 05 13 Manhole Frames and CoversAccucastRC-2100ASTM A 4824" Dia.04/20/01 33 05 13 Manhole Frames and Covers(SIP)Serampore Industries Private Ltd.300-24-23.75 Ring and CoverASTM A 4824" Dia.* From Original Standard Products ListClick to Return to the Table of Content5Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Precast Concrete (Rev 1/8/13)*33 39 10 Manhole, Precast ConcreteHydro Conduit CorpSPL Item #49ASTM C 47848"*33 39 10 Manhole, Precast ConcreteWall Concrete Pipe Co. Inc.ASTM C-44348"09/23/96 33 39 10 Manhole, Precast ConcreteConcrete Product Inc.48" I.D. Manhole w/ 32" ConeASTM C 47848" w/32" cone05/08/18 33 39 10 Manhole, Precast ConcreteThe Turner Company48", 60" I.D. Manhole w/ 32" ConeASTM C 47848", 60"10/27/06 33 39 10 Manhole, Precast ConcreteOldcastle Precast Inc.48" I.D. Manhole w/ 24" ConeASTM C 47848" Diam w 24" Ring06/09/10 33 39 10 Manhole, Precast (Reinforce Polymer)ConcreteUS Composite PipeReinforced Polymer Concrete ASTM C-7648" to 72"09/06/19 33 39 20 Manhole, Precast ConcreteForterra Pipe and Precast60" & 72" I.D. Manhole w/32" ConeASTM C-7660" & 72"* From Original Standard Products ListClick to Return to the Table of Content6Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Rehab Systems/Cementitious*E1-14 Manhole Rehab SystemsQuadex04/23/01E1-14 Manhole Rehab SystemsStandard Cement Materials, Inc.Reliner MSPE1-14 Manhole Rehab SystemsAP/M Permaform4/20/01E1-14 Manhole Rehab SystemStrong CompanyStrong Seal MS2A Rehab System5/12/03E1-14 Manhole Rehab System (Liner)Poly-triplex TechnologiesMH repair product to stop infiltrationASTM D581308/30/06General Concrete RepairFlexKrete TechnologiesVinyl Polyester Repair ProductMisc. Use* From Original Standard Products ListClick to Return to the Table of Content7Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manholes & Bases/Rehab Systems/NonCementitious05/20/96E1-14 Manhole Rehab SystemsSprayroq, Spray Wall Polyurethane CoatingASTM D639/D790*E1-14 Manhole Rehab SystemsSun Coast12/14/01Coating for Corrosion protection(Exterior)ERTECHSeries 20230 and 2100 (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only01/31/06Coatings for Corrosion ProtectionChestertonArc 791, S1HB, S1, S2Acid Resistance TestSewer Applications8/28/2006Coatings for Corrosion ProtectionWarren EnvironmentalS-301 and M-301Sewer Applications08/30/06Coatings for Corrosion ProtectionCitadelSLS-30 Solids EpoxySewer Applications03/19/1833 05 16, 33 39 10, 33 39 20 Coating for Corrosion protection(Exterior)Sherwin WilliamsRR&C Dampproofing Non-Fibered Spray Grade (Asphatic Emulsion)For Exterior Coating of Concrete Structures Only* From Original Standard Products ListClick to Return to the Table of Content8Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/16)*33 05 13 Manhole InsertKnutson EnterprisesMade to Order - PlasticASTM D 1248For 24" dia.*33 05 13 Manhole InsertSouth Western PackagingMade to Order - PlasticASTM D 1248For 24" dia.*33 05 13 Manhole InsertNoflow-InflowMade to Order - PlasticASTM D 1248For 24" dia.09/23/96 33 05 13 Manhole InsertSouthwestern Packing & Seals, Inc.LifeSaver - Stainless SteelFor 24" dia.09/23/96 33 05 13 Manhole InsertSouthwestern Packing & Seals, Inc.TetherLok - Stainless SteelFor 24" dia* From Original Standard Products ListClick to Return to the Table of Content9Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Pipe Casing Spacers 33-05-24 (07/01/13)11/04/02Steel Band Casing SpacersAdvanced Products and Systems, Inc.Carbon Steel Spacers, Model SI02/02/93Stainless Steel Casing SpacerAdvanced Products and Systems, Inc.Stainless Steel Spacer, Model SSI04/22/87Casing SpacersCascade Waterworks ManufacturingCasing Spacers09/14/10Stainless Steel Casing SpacerPipeline Seal and InsulatorStainless Steel Casing SpacerUp to 48"09/14/10Coated Steel Casin SpacersPipeline Seal and InsulatorCoated Steel Casin SpacersUp to 48" 05/10/11Stainless Steel Casing SpacerPowerseal4810 PowerchockUp to 48"03/19/18Casing SpacersBWMSS-12 Casing Spacer(Stainless Steel)03/19/18Casing SpacersBWMFB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing* From Original Standard Products ListClick to Return to the Table of Content10Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Pipes/Ductile Iron 33-11-10(1/8/13)*33 11 10 Ductile Iron PipeGriffin Pipe Products, Co.Super Bell-Tite Ductile Iron Pressure Pipe, AWWA C150, C1513" thru 24"08/24/18 33 11 10 Ductile Iron PipeAmerican Ductile Iron Pipe Co.American Fastite Pipe (Bell Spigot)AWWA C150, C1514" thru 30"08/24/18 33 11 10 Ductile Iron PipeAmerican Ductile Iron Pipe Co.American Flex Ring (Restrained Joint)AWWA C150, C1514" thru 30"*33 11 10 Ductile Iron PipeU.S. Pipe and Foundry Co.AWWA C150, C151*33 11 10 Ductile Iron PipeMcWane Cast Iron Pipe Co.AWWA C150, C151* From Original Standard Products ListClick to Return to the Table of Content11Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water & Sewer - Utility Line Marker (08/24/2018)* From Original Standard Products ListClick to Return to the Table of Content12Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Coatings/Epoxy 33-39-60 (01/08/13)02/25/02Epoxy Lining SystemSauereisen, IncSewerGard 210RSLA County #210-1.3312/14/01Epoxy Lining SystemErtech Technical CoatingsErtech 2030 and 2100 Series04/14/05Interior Ductile Iron Pipe CoatingInduronProtecto 401ASTM B-117Ductile Iron Pipe Only01/31/06Coatings for Corrosion ProtectionChestertonArc 791, S1HB, S1, S2Acid Resistance TestSewer Applications8/28/2006Coatings for Corrosion ProtectionWarren EnvironmentalS-301 and M-301Sewer Applications* From Original Standard Products ListClick to Return to the Table of Content13Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Coatings/Polyurethane* From Original Standard Products ListClick to Return to the Table of Content14Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Combination Air Valves 05/25/18 33-31-70 Air Release ValveA.R.I. USA, Inc.D025LTP02(Composite Body)2"* From Original Standard Products ListClick to Return to the Table of Content15Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/Concrete*E1-04 Conc. Pipe, ReinforcedWall Concrete Pipe Co. Inc.ASTM C 76*E1-04 Conc. Pipe, ReinforcedHydro Conduit CorporationClass III T&G, SPL Item #77ASTM C 76*E1-04 Conc. Pipe, ReinforcedHanson Concrete ProductsSPL Item #95-Manhole, #98- PipeASTM C 76*E1-04 Conc. Pipe, ReinforcedConcrete Pipe & Products Co. Inc.ASTM C 76* From Original Standard Products ListClick to Return to the Table of Content16Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13)PIM SystemPIM CorporationPolyethylenePIM Corp., Piscata Way, N.J. Approved PreviouslyMcConnell SystemsMcLat ConstructionPolyethyleneHouston, TexasApproved PreviouslyTRS SystemsTrenchless Replacement SystemPolyethyleneCalgary, CanadaApproved Previously* From Original Standard Products ListClick to Return to the Table of Content17Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipe/Fiberglass Reinforced Pipe 33-31-13(1/8/13)7/21/97 33 31 13 Cent. Cast FiberglassHobas Pipe USA, Inc.Hobas Pipe (Non-Pressure)ASTM D3262/D375403/22/10 33 31 13 Fiberglass PipeAmeronBondstrand RPMP PipeASTM D3262/D375410/30/03Glass-Fiber Reinforced Polymer PipeThompson Pipe GroupFlowtiteASTM D3262/D37544/14/05Polymer Modified Concrete PipeAmitech USAMeyer Polycrete PipeASTM C33, A276, F4778" to 102", Class V06/09/10E1-9 Reinforced Polymer Concrete PipeUS Composite PipeReinforced Polymer Concrete PipeASTM C-76* From Original Standard Products ListClick to Return to the Table of Content18Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/HDPE 33-31-23(1/8/13)*High-density polyethylene pipePhillips Driscopipe, Inc.Opticore Ductile Polyethylene PipeASTM D 12488"*High-density polyethylene pipePlexco Inc.ASTM D 12488"*High-density polyethylene pipePolly Pipe, Inc.ASTM D 12488"High-density polyethylene pipeCSR Hydro Conduit/Pipeline SystemsMcConnell Pipe EnlargementASTM D 1248* From Original Standard Products ListClick to Return to the Table of Content19Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13)12/02/11 33-11-12 DR-14 PVC Pressure PipePipelife JetstreamPVC Pressure PipeAWWA C9004" thru 12"10/22/14 33-11-12 DR-14 PVC Pressure PipeRoyal Building ProductsRoyal Seal PVC Pressure PipeAWWA C9004" thru 12"* From Original Standard Products ListClick to Return to the Table of Content20Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/PVC* 33-31-20 (7/1/13)*33-31-20 PVC Sewer PipeJ-M Manufacturing Co., Inc. (JM Eagle)SDR-26ASTM D 30344" - 15"12/23/97* 33-31-20 PVC Sewer PipeDiamond Plastics CorporationSDR-26ASTM D 30344" thru 15"*33-31-20 PVC Sewer PipeLamson Vylon PipeASTM F 7894" thru 15"01/18/18 33-31-20 PVC Sewer PipeVinyltech PVC PipeGravity SewerASTM D30344" thru 15"11/11/98 33-31-20 PVC Sewer PipeDiamond Plastics Corporation "S" Gravity Sewer PipeASTM F 67918" to 27"*33-31-20 PVC Sewer PipeJ-M Manufacturing Co, Inc. (JM Eagle)SDR 26/35 PS 115/46ASTM F 67918" - 27"09/11/12 33-31-20 PVC Sewer PipePipelife Jet StreamSDR-26 and SDR-35ASTM F-67918"05/06/0533-31-20PVC Solid Wall PipeDiamond Plastics CorporationSDR 26/35 PS 115/46ASTM F-67918" to 48"04/27/0633-31-20PVC Sewer Fittings HarcoSDR-26 and SDR-35 Gasket Fittings ASTM D-3034, D-1784, etc4" - 15"*33-31-20PVC Sewer FittingsPlastic Trends, In.cGasketed PVC Sewer Main FittingsASTM D 30343/19/2018 33 31 20 PVC Sewer PipePipelife Jet StreamSDR 35ASTM F67918"- 24"3/19/2018 33 31 20 PVC Sewer PipePipelife Jet StreamSDR 26ASTM D30344"- 15"3/29/2019 33 31 20Gasketed Fittings (PVC)GPK Products, Inc.SDR 26ASTM D3034/F-6794"- 15"10/21/2020 33 31 20 PVC Sewer PipeNAPCOSDR 26ASTM D30344" - 15"10/22/2020 33 31 20 PVC Sewer PipeSanderson Pipe Corp.SDR 26ASTM D30344"- 15"10/21/2020 33 31 20 PVC Sewer PipeNAPCOSDR 26/35 PS 115/46ASTM F-67918"- 36"* From Original Standard Products ListClick to Return to the Table of Content21Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/Rehab/CIPP 33-31-12 (01/18/13)*Cured in Place PipeInsituform Texark, IncASTM F 121605/03/99Cured in Place PipeNational Envirotech GroupNational Liner, (SPL) Item #27ASTM F-1216/D-581305/29/96Cured in Place PipeReynolds Inc/Inliner Technolgy (Inliner USA)Inliner TechnologyASTM F 1216* From Original Standard Products ListClick to Return to the Table of Content22Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/Rehab/Fold & Form*Fold and Form PipeCullum Pipe Systems, Inc.11/03/98Fold and Form PipeInsituform Technologies, Inc.Insituform "NuPIpe"ASTM F-1504Fold and Form PipeAmerican Pipe & Plastics, Inc.Demo. Purpose Only12/04/00Fold and Form PipeUltralinerUltraliner PVC Alloy PipelinerASTM F-1504, 1871, 186706/09/03Fold and Form PipeMiller Pipeline Corp.EX MethodASTM F-1504, F-1947Up to 18" diameter* From Original Standard Products ListClick to Return to the Table of Content23Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Sewer - Pipes/Open Profile Large Diameter09/26/91 E100-2 PVC Sewer Pipe, RibbedLamson Vylon PipeCarlon Vylon H.C. Closed Profile Pipe,ASTM F 67918" to 48"09/26/91 E100-2 PVC Sewer Pipe, RibbedExtrusion Technologies, Inc.Ultra-Rib Open Profile Sewer PipeASTM F 67918" to 48"E100-2 PVC Sewer Pipe, RibbedUponor ETI Company11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Double WallAdvanced Drainage Systems (ADS) SaniTite HP Double Wall (Corrugated)ASTM F 273624"-30"11/10/10 (E100-2) Polypropylene (PP) Sewer Pipe, Triple WallAdvanced Drainage Systems (ADS)SaniTite HP Triple Wall PipeASTM F 276430" to 60"05/16/11Steel Reinforced Polyethylene PipeConTech Construction ProductsDurmaxxASTM F 256224" to 72"* From Original Standard Products ListClick to Return to the Table of Content24Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Appurtenances 33-12-10 (07/01/13)01/18/18 33-12-10 Double Strap SaddleRomac202NS Nylon CoatedAWWA C8001"-2" SVC, up to 24" Pipe08/28/02Double Strap SaddleSmith Blair #317 Nylon Coated Double Strap Saddle07/23/12 33-12-10 Double Strap Service SaddleMueller CompanyDR2S Double (SS) Strap DI SaddleAWWA C8001"-2" SVC, up to 24" Pipe10/27/87Curb Stops-Ball Meter ValvesMcDonald6100M,6100MT & 610MT 3/4" and 1"10/27/87Curb Stops-Ball Meter ValvesMcDonald4603B, 4604B, 6100M, 6100TM and 6101M 1½" and 2"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesFord Meter Box Co., Inc.FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NLAWWA C8002"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesFord Meter Box Co., Inc.FB600-6-NL, FB1600-6-NL, FV23-666-W-NL, L22-66NLAWWA C8001-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesFord Meter Box Co., Inc.FB600-4-NL, FB1600-4-NL, B11-444-WR-NL, B22444-WR-NL, L28-44NLAWWA C8001"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesMueller Co., Ltd.B-25000N, B-24277N-3, B-20200N-3, H-15000N, , H-1552N, H142276NAWWA C800, ANSF 61, ANSI/NSF 3722"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesMueller Co., Ltd.B-25000N, B-20200N-3, B-24277N-3,H-15000N, H-14276N, H-15525NAWWA C800, ANSF 61, ANSI/NSF 3721-1/2"5/25/2018 33-12-10 Curb Stops-Ball Meter ValvesMueller Co., Ltd.B-25000N, B-20200N-3,H-15000N, H-15530NAWWA C800, ANSF 61, ANSI/NSF 3721"01/26/00Coated Tapping Saddle with Double SS StrapsJCM Industries, Inc.#406 Double Band SS Saddle1"-2" Taps on up to 12" 0/5/21/12 33-12-25 Tapping Sleeve (Coated Steel)JCM Industries, Inc.412 Tapping Sleeve ESSAWWA C-223Up to 30" w/12" Out05/10/11Tapping Sleeve (Stainless Steel)Powerseal3490AS (Flange) & 3490MJ4"-8" and 16"02/29/12 33-12-25 Tapping Sleeve (Coated Steel)RomacFTS 240AWWA C-223U p to 42" w/24" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel)RomacSST Stainless SteelAWWA C-223Up to 24" w/12" Out02/29/12 33-12-25 Tapping Sleeve (Stainless Steel)RomacSST III Stainless SteelAWWA C-223Up to 30" w/12" Out05/10/11Joint Repair ClampPowerseal3232 Bell Joint Repair Clamp4" to 30"Plastic Meter Box w/Composite LidDFW Plastics Inc.DFW37C-12-1EPAF FTWPlastic Meter Box w/Composite LidDFW Plastics Inc.DFW39C-12-1EPAF FTW08/30/06Plastic Meter Box w/Composite LidDFW Plastics Inc.DFW65C-14-1EPAF FTWClass "A"Concrete Meter BoxBass & HaysCMB37-B12 1118 LID-9Concrete Meter BoxBass & HaysCMB-18-Dual 1416 LID-9Concrete Meter BoxBass & HaysCMB65-B65 1527 LID-9* From Original Standard Products ListClick to Return to the Table of Content25Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Bolts, Nuts, and Gaskets 33-11-05 (01/08/13)* From Original Standard Products ListClick to Return to the Table of Content26Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Combination Air Release 33-31-70 (01/08/13)*E1-11 Combination Air Release ValveGA Industries, Inc.Empire Air and Vacuum Valve, Model 935 ASTM A 126 Class B, ASTM A 240 - float, ASTM A 307 - Cover Bolts1" & 2"*E1-11 Combination Air Release ValveMultiplex Manufacturing Co.Crispin Air and Vacuum Valves, Model No. 1/2", 1" & 2"*E1-11 Combination Air Release ValveValve and Primer Corp.APCO #143C, #145C and #147C1", 2" & 3"* From Original Standard Products ListClick to Return to the Table of Content27Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Dry Barrel Fire Hydrants 33-12-40 (01/15/14)10/01/87 E-1-12 Dry Barrel Fire HydrantAmerican-Darling ValveDrawing Nos. 90-18608, 94-18560AWWA C-50203/31/88 E-1-12 Dry Barrel Fire HydrantAmerican Darling ValveShop Drawing No. 94-18791 AWWA C-50209/30/87 E-1-12 Dry Barrel Fire HydrantClow CorporationShop Drawing No. D-19895AWWA C-50201/12/93 E-1-12 Dry Barrel Fire HydrantAmerican AVK CompanyModel 2700AWWA C-50208/24/88 E-1-12 Dry Barrel Fire HydrantClow CorporationDrawings D20435, D20436, B20506AWWA C-502E-1-12 Dry Barrel Fire HydrantITT Kennedy ValveShop Drawing No. D-80783FWAWWA C-50209/24/87 E-1-12 Dry Barrel Fire HydrantM&H Valve CompanyShop Drawing No. 13476AWWA C-50210/14/87 E-1-12 Dry Barrel Fire HydrantMueller CompanyShop Drawings No. 6461 A-423 CenturionAWWA C-50201/15/88E1-12 Dry Barrel Fire HydrantMueller CompanyShop Drawing FH-12A-423 Super Centurion 200AWWA C-50210/09/87 E-1-12 Dry Barrel Fire HydrantU.S. Pipe & FoundryShop Drawing No. 960250AWWA C-50209/16/87 E-1-12 Dry Barrel Fire HydrantWaterous CompanyShop Drawing No. SK740803AWWA C-50208/12/16 33-12-40 Dry Barrel Fire HydrantEJ (East Jordan Iron Works)WaterMaster 5CD250* From Original Standard Products ListClick to Return to the Table of Content28Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Meters02/05/93 E101-5 Detector Check MeterAmes CompanyModel 1000 Detector Check ValveAWWA C5504" - 10"08/05/04Magnetic Drive Vertical TurbineHerseyMagnetic Drive VerticalAWWA C701, Class 13/4" - 6"* From Original Standard Products ListClick to Return to the Table of Content29Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13)01/18/18 33-11-12 PVC Pressure PipeVinyltech PVC PipeAWWA C900, AWWA C605, ASTM D17844"-12"3/19/2018 33 11 12 PVC Pressure PipePipelife Jet StreamDR14AWWA C9004"-12"3/19/2018 33 11 12 PVC Pressure PipePipelife Jet StreamDR18AWWA C90016"-24"5/25/2018 33 11 12 PVC Pressure PipeDiamond Plastics CorporationDR 14AWWA C9004"-12"5/25/2018 33 11 12 PVC Pressure PipeDiamond Plastics CorporationTrans 21, DR 14, DR 18AWWA C90016"-24"12/6/2018 33 11 12 PVC Pressure PipeJ-M Manifacturing Co., Inc d/b/a JM EagleDR 14"Blue Brute"AWWA C900-16UL 1285ANSI/NSF 61FM 16124"-12"12/6/2018 33 11 12 PVC Pressure PipeJ-M Manifacturing Co., Inc d/b/a JM EagleDR 18"Blue Brute"AWWA C900-16UL 1285ANSI/NSF 61FM 161216"-24"9/6/2019 33 11 12 PVC Pressure PipeUnderground Solutions Inc.DR14 Fusible PVCAWWA C9004" - 8"9/6/2019 33 11 12 PVC Pressure PipeNAPCODR18AWWA C90016" - 24"9/6/2019 33 11 12 PVC Pressure PipeNAPCODR14AWWA C9004"- 12"9/6/2019 33 11 12 PVC Pressure PipeSanderson Pipe Corp.DR14AWWA C9004"- 12"* From Original Standard Products ListClick to Return to the Table of Content30Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Pipes/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/13)07/23/92E1-07 Ductile Iron FittingsStar Pipe Products, Inc.Mechanical Joint FittingsAWWA C153 & C110*E1-07 Ductile Iron FittingsGriffin Pipe Products, Co.Mechanical Joint FittingsAWWA C 110*E1-07 Ductile Iron FittingsMcWane/Tyler Pipe/ Union Utilities DivisionMechanical Joint Fittings, SSB Class 350AWWA C 153, C 110, C 11108/11/98E1-07 Ductile Iron FittingsSigma, Co.Mechanical Joint Fittings, SSB Class 351AWWA C 153, C 110, C 11202/26/14E1-07 MJ FittingsAccucastClass 350 C-153 MJ FittingsAWWA C1534"-12"05/14/98E1-07 Ductile Iron Joint RestraintsFord Meter Box Co./Uni-FlangeUni-Flange Series 1400 AWWA C111/C1534" to 36"05/14/98E1-24 PVC Joint RestraintsFord Meter Box Co./Uni-FlangeUni-Flange Series 1500 Circle-LockAWWA C111/C1534" to 24" 11/09/04E1-07 Ductile Iron Joint RestraintsOne Bolt, Inc.One Bolt Restrained Joint FittingAWWA C111/C116/C1534" to 12"02/29/12 33-11-11 Ductile Iron Pipe Mechanical Joint RestraintEBAA Iron, Inc.Megalug Series 1100 (for DI Pipe)AWWA C111/C116/C1534" to 42"02/29/12 33-11-11 PVC Pipe Mechanical Joint RestraintEBAA Iron, Inc.Megalug Series 2000 (for PVC Pipe)AWWA C111/C116/C1534" to 24"08/05/04E1-07 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLC4 - SLC10AWWA C111/C1534" to 10"03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLCS4 - SLCS12AWWA C111/C1534" to 12"08/05/04E1-07 Mechanical Joint Retainer Glands(PVC)Sigma, Co.Sigma One-Lok SLCEAWWA C111/C15312" to 24"08/10/98E1-07 MJ Fittings(DIP)Sigma, Co.Sigma One-Lok SLDEAWWA C1534" - 24"10/12/10E1-24 Interior Restrained Joint SystemS & B Techncial ProductsBulldog System ( Diamond Lok 21 & JM Eagle ASTM F-16244" to 12"08/16/06E1-07 Mechanical Joint FittingsSIP Industries(Serampore)Mechanical Joint FittingsAWWA C1534" to 24"11/07/16 33-11-11 Mechanical Joint Retainer GlandsStar Pipe Products, Inc.PVC Stargrip Series 4000ASTM A536 AWWA C11111/07/16 33-11-11 Mechanical Joint Retainer GlandsStar Pipe Products, Inc.DIP Stargrip Series 3000ASTM A536 AWWA C11103/19/18 33-11-11 Mechanical Joint Retainer GlandsSIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Black For DIPASTM A536 AWWA C1113"-48"03/19/18 33-11-11 Mechanical Joint Retainer GlandsSIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC PipeASTM A536 AWWA C1114"-12"03/19/18 33-11-11 Mechanical Joint Retainer GlandsSIP Industries(Serampore)EZ Grip Joint Restraint (EZD) Red for C900 DR18 PVC PipeASTM A536 AWWA C11116"-24"* From Original Standard Products ListClick to Return to the Table of Content31Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Pipes/Valves & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/15)Resilient Wedged Gate Valve w/no GearsAmerican Flow ControlSeries 2500 Drawing # 94-2024716"12/13/02Resilient Wedge Gate ValveAmerican Flow ControlSeries 2530 and Series 2536AWWA C51530" and 36"08/31/99Resilient Wedge Gate ValveAmerican Flow ControlSeries 2520 & 2524 (SD 94-20255)AWWA C51520" and 24"05/18/99Resilient Wedge Gate ValveAmerican Flow ControlSeries 2516 (SD 94-20247)AWWA C51516"10/24/00E1-26 Resilient Wedge Gate ValveAmerican Flow ControlSeries 2500 (Ductile Iron)AWWA C5154" to 12"08/05/04Resilient Wedge Gate ValveAmerican Flow Control42" and 48" AFC 2500AWWA C51542" and 48"05/23/91E1-26 Resilient Wedge Gate ValveAmerican AVK CompanyAmerican AVK Resilient Seaded GVAWWA C5094" to 12"01/24/02E1-26 Resilient Wedge Gate ValveAmerican AVK Company20" and smaller*E1-26 Resilient Seated Gate ValveKennedy4" - 12"*E1-26 Resilient Seated Gate ValveM&H4" - 12"*E1-26 Resilient Seated Gate ValveMueller Co.4" - 12"11/08/99Resilient Wedge Gate Valve Mueller Co.Series A2361 (SD 6647)AWWA C51516"01/23/03Resilient Wedge Gate ValveMueller Co.Series A2360 for 18"-24" (SD 6709)AWWA C51524" and smaller05/13/05Resilient Wedge Gate ValveMueller Co.Mueller 30" & 36", C-515AWWA C51530" and 36"01/31/06Resilient Wedge Gate ValveMueller Co.Mueller 42" & 48", C-515AWWA C51542" and 48"01/28/88E1-26 Resilient Wedge Gate ValveClow Valve Co.AWWA C5094" - 12"10/04/94Resilient Wedge Gate ValveClow Valve Co.16" RS GV (SD D-20995)AWWA C51516"11/08/99E1-26 Resilient Wedge Gate ValveClow Valve Co.Clow RW Valve (SD D-21652)AWWA C51524" and smaller11/29/04Resilient Wedge Gate Valve Clow Valve Co.Clow 30" & 36" C-515AWWA C51530" and 36" (Note 3)11/30/12Resilient Wedge Gate ValveClow Valve Co.Clow Valve Model 2638AWWA C51524" to 48" (Note 3)05/08/91E1-26 Resilient Seated Gate ValveStockham Valves & FittingsAWWA C 509, ANSI 420 - stem, ASTM A 276 Type 304 - Bolts & nuts4" - 12"*E1-26 Resilient Seated Gate ValveU.S. Pipe and Foundry Co.Metroseal 250, requirements SPL #743" to 16"10/26/16 33-12-20 Resilient Seated Gate ValveEJ (East Jordan Iron Works)EJ FlowMaster Gate Valve & Boxes08/24/18Matco Gate Valve Matco-Norca225 MRAWWA/ANSI C115/An21.154" to 16"* From Original Standard Products ListClick to Return to the Table of Content32Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Pipes/Valves & Fittings/Rubber Seated Butterfly Valve 33-12-21 (07/10/14)*E1-30 Rubber Seated Butterfly ValveHenry Pratt Co.AWWA C-50424"*E1-30 Rubber Seated Butterfly ValveMueller Co.AWWA C-50424"and smaller1/11/99E1-30 Rubber Seated Butterfly ValveDezurik Valves Co.AWWA C-50424" and larger06/12/03E1-30 Valmatic American Butterfly ValveValmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve.AWWA C-504Up to 84" diameter04/06/07E1-30 Rubber Seated Butterfly ValveM&H ValveM&H Style 4500 & 1450 AWWA C-50424" to 48"03/19/18 33 12 21 Rubber Seated Butterfly ValveG. A. Industries (Golden Anderson)AWWA C504 Butterfly ValveAWWA C-50430"-54"* From Original Standard Products ListClick to Return to the Table of Content33Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Polyethylene Encasement 33-11-10 (01/08/13)05/12/05E1-13 Polyethylene EncasmentFlexsol PackagingFulton Enterprises AWWA C1058 mil LLD05/12/05E1-13 Polyethylene EncasmentMountain States Plastics (MSP) and AEP Ind.Standard HardwareAWWA C1058 mil LLD05/12/05E1-13 Polyethylene EncasmentAEP IndustriesBullstrong by Cowtown Bolt & GasketAWWA C1058 mil LLD09/06/19 33-11-11 Polyethylene EncasmentNorthtown Products Inc. PE Encasement fro DIPAWWA C1058 mil LLD* From Original Standard Products ListClick to Return to the Table of Content34Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Sampling Station3/12/96Water Sampling StationWater PlusB20 Water Sampling Station* From Original Standard Products ListClick to Return to the Table of Content35Updated: 10/21/2020 Approval Spec No. ClasssificationManufacturerModel No.National SpecSizeCITY OF FORT WORTHWATER DEPARTMENT STANDARD PRODUCT LISTNote: All water or sewer pipe larger than 15 inch diameter shall be approved for use by the Water Department on a project specific basis. Special bedding may be required for some pipes.Water - Automatic Flusher10/21/20Automated Flushing SystemMueller HydroguardHG6-A-IN-2-BRN-LPRR(Portable) HG2-A-IN--2-PVC-018-LPLG(Permanent)* From Original Standard Products ListClick to Return to the Table of Content36Updated: 10/21/2020