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Contract 53508-PM1
I PEC0 VED APR 2020 CITI'OFFORT JIVORTH CITY SECRETARY t SYDNEY BROOKE COALE 131761 w1�2�2o c� CITY SECRETARY Cc�NTRACT NO. P M l FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF NORTH QUARTER 35 WATER, SANITARYSEWER, PAYING, AND DRAINAGE IMPROVEMENTS City Project No. 102360 FID No. 30114-02004314023604D07685 IPRC No. 194222 F51e No. IC 2717 Betsy Price Mayor X-26235 Cht•istopher P. Harder, P.E. Water Director David Coolce City Manager William Johnson, PE Director, Transportation and Public Worlcs Prepared for The City of Fort Worth 2019 Kimley-Horn &Associates 801 Chevy Street, Unit I1, Suite 1300 Fort Worth, TX 76102 (817) 335-6511 Firm No. 928 OFFICIAL. RECORD CITY SECRETARY � Fi: WORTH, TX 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised September 1, 2015 SECTION 00 00 10 1 TABLE OF CONTENTS 2 DEVELOPER AWARDED PROJECTS 3 Division 00 - General Conditions 4 00 11 13 Invitation to Bidders 5 00 21 13 Instructions to Bidders 6 00 41 00 Bid Form 7 00 42 43 Proposal Form Unit Price 8 00 43 13 Bid Bond 9 00 45 11 Bidders Prequalification’s 10 00 45 12 Prequalification Statement 11 00 45 13 Bidder Prequalification Application 12 00 45 26 Contractor Compliance with Workers' Compensation Law 13 00 45 40 Minority Business Enterprise Goal 14 00 52 43 Agreement 15 00 61 25 Certificate of Insurance 16 00 62 13 Performance Bond 17 00 62 14 Payment Bond 18 00 62 19 Maintenance Bond 19 00 72 00 General Conditions 20 00 73 00 Supplementary Conditions 21 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 22 Projects 23 24 Division 01 - General Requirements 25 01 11 00 Summary of Work 26 01 25 00 Substitution Procedures 27 01 31 19 Preconstruction Meeting 28 01 31 20 Project Meetings 29 01 32 16 Construction Progress Schedule 30 01 32 33 Preconstruction Video 31 01 33 00 Submittals 32 01 35 13 Special Project Procedures 33 01 45 23 Testing and Inspection Services 34 01 50 00 Temporary Facilities and Controls 35 01 55 26 Street Use Permit and Modifications to Traffic Control 36 01 57 13 Storm Water Pollution Prevention Plan 37 01 58 13 Temporary Project Signage 38 01 60 00 Product Requirements 39 01 66 00 Product Storage and Handling Requirements 40 01 70 00 Mobilization and Remobilization 41 01 71 23 Construction Staking 42 01 74 23 Cleaning 43 01 77 19 Closeout Requirements 44 01 78 23 Operation and Maintenance Data 45 01 78 39 Project Record Documents 46 47 48 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised September 1, 2015 Technical Specifications which have been modified by the Engineer specifically for this 1 Project; hard copies are included in the Project’s Contract Documents 2 3 4 Division 02 - Existing Conditions 5 None 6 7 Division 03 - Concrete 8 None 9 10 Division 26 - Electrical 11 None 12 13 Division 31 - Earthwork 14 None 15 16 Division 32 - Exterior Improvements 17 None 18 19 Division 33 - Utilities 20 None 21 22 Division 34 - Transportation 23 None 24 25 Technical Specifications listed below are included for this Project by reference and can be 26 viewed/downloaded from the City’s Buzzsaw site at: 27 28 htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20-29 %20Construction%20Documents/Specifications 30 31 Division 02 - Existing Conditions 32 02 41 13 Selective Site Demolition 33 02 41 14 Utility Removal/Abandonment 34 02 41 15 Paving Removal 35 36 Division 03 - Concrete 37 03 30 00 Cast-In-Place Concrete 38 03 34 13 Controlled Low Strength Material (CLSM) 39 03 34 16 Concrete Base Material for Trench Repair 40 03 80 00 Modifications to Existing Concrete Structures 41 42 Division 26 - Electrical 43 26 05 00 Common Work Results for Electrical 44 26 05 10 Demolition for Electrical Systems 45 26 05 33 Raceway and Boxes for Electrical Systems 46 26 05 43 Underground Ducts and Raceways for Electrical Systems 47 48 Division 31 - Earthwork 49 31 10 00 Site Clearing 50 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised September 1, 2015 31 23 16 Unclassified Excavation 1 31 23 23 Borrow 2 31 24 00 Embankments 3 31 25 00 Erosion and Sediment Control 4 31 36 00 Gabions 5 31 37 00 Riprap 6 7 Division 32 - Exterior Improvements 8 32 01 17 Permanent Asphalt Paving Repair 9 32 01 18 Temporary Asphalt Paving Repair 10 32 01 29 Concrete Paving Repair 11 32 11 23 Flexible Base Courses 12 32 11 29 Lime Treated Base Courses 13 32 11 33 Cement Treated Base Courses 14 32 12 16 Asphalt Paving 15 32 12 73 Asphalt Paving Crack Sealants 16 32 13 13 Concrete Paving 17 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 18 32 13 73 Concrete Paving Joint Sealants 19 32 14 16 Brick Unit Paving 20 32 16 13 Concrete Curb and Gutters and Valley Gutters 21 32 17 23 Pavement Markings 22 32 31 13 Chain Link Fences and Gates 23 32 31 26 Wire Fences and Gates 24 32 31 29 Wood Fences and Gates 25 32 32 13 Cast-in-Place Concrete Retaining Walls 26 32 91 19 Topsoil Placement and Finishing of Parkways 27 32 92 13 Hydro-Mulching, Seeding, and Sodding 28 32 93 43 Trees and Shrubs 29 30 Division 33 - Utilities [Include appropriate Sections below. Strike-thru if not used.] 31 33 01 30 Sewer and Manhole Testing 32 33 01 31 Closed Circuit Television (CCTV) Inspection 33 33 03 10 Bypass Pumping of Existing Sewer Systems 34 33 04 10 Joint Bonding and Electrical Isolation 35 33 04 11 Corrosion Control Test Stations 36 33 04 12 Magnesium Anode Cathodic Protection System 37 33 04 30 Temporary Water Services 38 33 04 40 Cleaning and Acceptance Testing of Water Mains 39 33 05 10 Utility Trench Excavation, Embedment, and Backfill 40 33 05 12 Water Line Lowering 41 33 05 13 Frame, Cover and Grade Rings 42 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 43 33 05 16 Concrete Water Vaults 44 33 05 17 Concrete Collars 45 33 05 20 Auger Boring 46 33 05 21 Tunnel Liner Plate 47 33 05 22 Steel Casing Pipe 48 33 05 23 Hand Tunneling 49 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 50 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised September 1August 30, 20135 33 05 26 Utility Markers/Locators 1 33 05 30 Exploratory Excavation for Existing Utilities 2 33 11 10 Ductile Iron Pipe 3 33 11 11 Duct ile Iron Fittings 4 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 5 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 6 33 11 14 Buried Steel Pipe and Fittings 7 33 11 15 Pre-stressed Concrete Cylinder Pipe 8 33 12 10 Water Services 1 -inch to 2 -inch 9 33 12 11 Large Water Meters 10 33 12 20 Resilient Seated Gate Valve 11 33 12 21 AWWA Rubber-Seated Butterfly Valves 12 33 12 25 Connection to Existing Water Mains 13 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 14 33 12 40 Dry -Barrel Fire Hydrants 15 33 12 50 Water Sample Stations 16 33 12 60 Blow-off Valves 17 33 31 12 Cured in Place Pipe (CIPP) 18 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 19 33 31 15 HDPE Pipe For Sanitary Sewers (Gravity and Force Mains) 20 33 31 20 Polyvinyl Chloride (P VC) Gravity Sanitary Sewer Pipe 21 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 22 33 31 22 Sanitary Sewer Slip Lining 23 33 31 23 Sanitary Sewer Pipe Enlargement 24 33 31 50 Sanitary Sewer Service Connections and Service Line 25 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 26 33 39 10 Cast -in -Place Concrete Manholes 27 33 39 20 Precast Concrete Manholes 28 33 39 30 Fiberglass Manholes 29 33 39 40 Wastewater Access Chamber (WAC) 30 33 39 60 Epoxy Liners for Sanitary Sewer Structures 31 33 4 1 10 Reinforced Concrete Storm Sewer Pipe/Culverts 32 33 41 11 HDPE Storm Sewer Pipe 33 33 46 00 Sub drainage 34 33 46 01 Slotted Storm Drains 35 33 46 02 Trench Drains 36 33 49 10 Cast -in -Place Manholes and Junction Boxes 37 33 49 20 Curb and Drop Inlets 38 33 49 40 Storm Drainage Headwalls and Wingwalls 39 40 Division 34 -– Transportation [Include appropriate Sections below. St rike-thru if not used.] 41 34 41 10 Traffic Signals 42 34 41 13 Removing Traffic Signals 43 34 41 20 Roadway Illumination Assemblies 44 34 41 30 Aluminum Signs 45 34 71 13 Traffic Control 46 47 48 49 Appe ndix 50 00 00 10- 5 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 5 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised September 1August 30, 20135 GC -4.01 Availability of Lands 1 GC -4.02 Subsurface and Physical Conditions 2 GC -4.04 Underground Facilities 3 GC -4.06 Hazardous Environmental Condition at Site 4 GC -6.06.D Minority and Women Owned Business Enterprise Compliance 5 GC -6.07 Wage Rates 6 GC -6.09 Permits and Utilities 7 GC -6.24 Nondiscrimination 8 GR -01 60 00 Product Requirements 9 10 END OF SECTION 11 00 42 43 DAP - BID PROPOSAL Page 1 of 7 1 3311.0461 12" PVC Water Pipe 33 11 12 LF 2136 $ 48.00 $ 102,528.00 2 3311.0261 8" PVC Water Pipe 34 11 12 LF 139 $ 36.00 $ 5,004.00 3 3311.0161 6" PVC Water Pipe 35 11 12 LF 117 $ 30.00 $ 3,510.00 4 3305.0109 Trench Safety 33 05 10 LF 2392 $ 0.10 $ 239.20 5 3312.2203 2" Water Service 33 12 10 EA 7 $ 2,500.00 $ 17,500.00 6 3311.0462 12" PVC Water Pipe, CSS Backfill 33 11 12 LF 80 $ 40.00 $ 3,200.00 7 3312.3005 12" Gate Valve 33 12 20 EA 11 $ 2,200.00 $ 24,200.00 8 3312.3003 8" Gate Valve 34 12 20 EA 6 $ 1,600.00 $ 9,600.00 9 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 11 TON 8 $ 631.84 $ 5,054.72 10 3312.0108 Connection to Existing 24" Water Main 33 12 25 EA 2 $ 2,500.00 $ 5,000.00 11 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 1 $ 3,000.00 $ 3,000.00 12 3312.0001 Fire Hydrant 33 12 40 EA 3 $ 2,800.00 $ 8,400.00 13 3312.4211 24" x 12" Tapping Sleeve & Valve 33 12 25 EA 1 $ 7,500.00 $ 7,500.00 14 3312.4107 12" x 8" Tapping Sleeve & Valve 33 12 25 EA 1 $ 3,500.00 $ 3,500.00 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 UNIT PRICE BID Bidder's Application Specification Section No.Unit of Measure Unit Price Bid Value Project Item Information SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description TOTAL UNIT I: WATER IMPROVEMENTS $198,235.92 Bid Quantity Bidlist Item No. UNIT I: WATER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_20200219.xls 00 42 43 DAP - BID PROPOSAL Page 2 of 7 UNIT PRICE BID Bidder's Application Specification Section No.Unit of Measure Unit Price Bid Value Project Item Information SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Bidlist Item No. 1 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 930 $ 40.00 $ 37,200.00 2 3331.4119 8" DIP Sewer Pipe 33 11 10 LF 440 $ 50.00 $ 22,000.00 3 3305.0109 Trench Safety 33 05 10 LF 1370 $ 0.10 $ 137.00 4 3331.4116 8" Sewer Pipe, CSS Backfill 34 11 10, 33 31 12, 33 31 20 LF 140 $ 40.00 $ 5,600.00 5 3331.4120 8" DIP Sewer Pipe, CSS Backfill 33 11 10 LF 60 $ 40.00 $ 2,400.00 6 0330.0001 Concrete Encase Sewer Pipe 03 30 00 CY 19 $ 100.00 $ 1,900.00 7 3339.1001 4' Manhole 33 39 10, 33 39 20 EA 5 $ 4,500.00 $ 22,500.00 8 3339.1002 4' Drop Manhole 34 39 10, 33 39 20 EA 1 $ 7,600.00 $ 7,600.00 9 3305.0113 Trench Water Stops 33 05 15 EA 4 $ 3,000.00 $ 12,000.00 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $111,337.00 UNIT II: SANITARY SEWER IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_20200219.xls 00 42 43 DAP - BID PROPOSAL Page 3 of 7 UNIT PRICE BID Bidder's Application Specification Section No.Unit of Measure Unit Price Bid Value Project Item Information SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Bidlist Item No. 1 3341.0205 24" RCP, Class III 33 41 10 LF 119 $ 75.00 $ 8,925.00 2 3341.0103 18" RCP, Class III 34 41 10 LF 340 $ 65.00 $ 22,100.00 3 3137.0103 Large Stone Riprap, grouted 31 37 00 SY 77 $ 85.00 $ 6,545.00 4 3349.1003 24" Flared Headwall, 1 pipe 33 49 40 EA 4 $ 5,000.00 $ 20,000.00 5 3349.1101 18" Flared Headwall, 2 pipes 33 49 40 EA 2 $ 6,000.00 $ 12,000.00 6 18" Flared Headwall, 1 pipe 33 49 40 EA 2 $ 4,000.00 $ 8,000.00 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT III: DRAINAGE IMPROVEMENTS $77,570.00 UNIT III: DRAINAGE IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_20200219.xls 00 42 43 DAP - BID PROPOSAL Page 4 of 7 UNIT PRICE BID Bidder's Application Specification Section No.Unit of Measure Unit Price Bid Value Project Item Information SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Bidlist Item No. 1 0241.0402 Remove Asphalt Drive 02 41 13 SF 360 $ 3.00 $ 1,080.00 2 0241.0401 Remove Concrete Drive 02 41 13 SF 549 $ 3.00 $ 1,647.00 3 3213.0403 8" Concrete Driveway 32 13 20 SF 4509 $ 5.25 $ 23,672.25 4 3212.0202 3" Asphalt Pvmt Type C 32 12 16 SY 444 $ 12.96 $ 5,754.24 5 3212.0504 7" Asphalt Base Type B 32 12 16 SY 444 $ 8.25 $ 3,663.00 6 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 50 $ 15.00 $ 750.00 7 3124.0101 Embankment by Plan 31 24 00 CY 100 $ 4.50 $ 450.00 8 3211.0400 Hydrated Lime 32 11 29 TON 8.1 $ 225.00 $ 1,822.50 9 3211.0501 6" Lime Treatment 32 11 29 SY 534 $ 5.40 $ 2,883.60 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 UNIT IV: PAVING IMPROVEMENTS TOTAL UNIT IV: PAVING IMPROVEMENTS $41,722.59 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_20200219.xls 00 42 43 DAP - BID PROPOSAL Page 5 of 7 UNIT PRICE BID Bidder's Application Specification Section No.Unit of Measure Unit Price Bid Value Project Item Information SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Bidlist Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_20200219.xls 00 42 43 DAP - BID PROPOSAL Page 6 of 7 UNIT PRICE BID Bidder's Application Specification Section No.Unit of Measure Unit Price Bid Value Project Item Information SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Bidlist Item No. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_20200219.xls SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID 00 42 43 DAP-BIDPROPOSAL Page 7 of 7 Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification Section No. Unit of Bid Unit Price Bid Value No. Measure Quantity Bid Summary UNIT 1: WATER IMPROVEMENTS UNIT 11: SANITARY SEWER IMPROVEMENTS UNIT III: DRAINAGE IMPROVEMENTS UNIT IV: PAVING IMPROVEMENTS UNIT V: STREET LIGHTING IMPROVEMENTS UNIT VI: TRAFFIC SIGNAL IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: SYB Construction Co., Inc 421 Compton Avenue Irving, TX 75061 Contractor agrees to compete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. MTOMMIX911100 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 Total Construction BY: Brian Wood X—_2 —, kLooe TITLE: Vice President DATE: 12/20/2019 30 working days after the date when the 00 42 43_Bid Proposal_20200219.xis 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102360 Revised April 2, 2014 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary. All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven (7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder’s 15 Prequalification Application, the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm’s organizational documents (Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm’s Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/ and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm’s e-mail address and fax number. 32 (3) The firm’s DUNS number as issued by Dun & Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a.Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102360 Revised April 2, 2014 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant’s opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm’s opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor’s bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets – current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b.Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 “None” or “N/A” should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor’s prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102360 Revised April 2, 2014 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 1/31/2021 1/31/2021 FORTWORTH. January 29, 2020 Ms Shirley Y Bennett SYB Construction Co Inc 421 Compton Ave Irving, TX 75061 PREQUALIFICATION TO BID CITY OF FORT WORTH WATER DEPARTMENT PROJECTS Dear Ms. Bennett: Thank you for your submittal of information and data toward prequalification to perform our work. We are pleased to advise that your prequalification has been finalized. A bid limit $52,062,390.00 has been established for your organization based on the financial data submitted. Your firm is prequalified to perform the following work: -- Wastewater Mains (all sizes) for New Development, Rehabilitation, and Redevelopment using Open Cut construction methods -- Water Mains (all sizes) for New Development, Rehabilitation, and Redevelopment using Open Cut construction methods The prequalification and bid limit established above will remain current through 1/3112021 This date was established to be sixteen (16) months from the date of the most recent financial statement received, unless rescinded for cause. Should you desire prequalification in the future beyond the aforementioned, submittal of updated financials, work experience, and equipment list will be necessary for this department to establish a new bid limit. Please be advised that the plans and documents for the work to be performed must be submitted to and approved by the City of Fort Worth Water Department. We appreciate your interest in our work and should you have some question in this or other matters within our purview, please do not hesitate to contact Mr. John Kasavich at (817)392-8480 or Cheryl Howe at (817)392- 2752. Yours very trul I MAIL TO: John Kasavich, P.E. Fort Worth Water Department f(a"� " ° Engineering & Regulatory Services or Chris Harder, P.E. 200 Texas Street Water Director Fort Worth, TX 76102 Fort Worth kgftd 111111 1964. 1993.2011 WATER DEPARTMENT ENGINEERING AND REGULATORY SERVICES THE CITY OF FORT WORTH * 1000 THROCKMORTON STRUT * FORT WORTH, TEXAS 76102 817-392-8240 * FA.x 817-392-8195 L3 Printed on recycled paper FORTWORTH. November 25, 2019 SYB Construction Co., Inc. 421 Compton Ave Irving, Texas 75061 Attn: Shirley Bennett Re: Paving Prequalification Extension Ms. Bennett, We understand that your company is near completion of its reviewed or audited FY2019 financial statement. In lieu of the FY2019, we will extend your paving prequalification until February 29, 2020 based on the review of your FY2018 financial statement submitted today. The FY2019 financial statements should be submitted to the following address upon completion: City of Ft. Worth Transportation & Public Works Dept. 8851 Camp Bowie Blvd. West Fort Worth, TX 76116 If there are any questions, please feel free to contact me at (817) 392-7958 or rov.teal @fortworthtexas.g_ov_. Sincerely, Roy L. Teal Jr., P.E. October 31, 2017 SYB Construction Co., Inc. 421 Compton Ave. Irving, TX 75061 Attn: Shirley Bennett RE: PREQUALIFlCATION .FOR PAVING PROJECTS - City of Fort Worth APPROVAL EFFECTIVE DATE — October 1, 2017 CONCRETE PAVEMENT CONSTRUCTION/RECONSTRUCTION -- NO LIMIT Dear Ms. Bennett: The City of Fort Worth Department of Transportation and Public Works has reviewed the materials you have submitted for prequalification RENEWAL to perform street paving in the City o:f Fort Worth. This letter is to advise you that you have been deemed qualified to bid upon and perform the types of street paving indicated above, up to the limits specified. This notice serves only to advise you of that prequalification as future project specifications may require and does not otherwise affect any other provisions of those same project specifications. This prequalification will remain in effect for two (2) years as long as you refrain in good standing with. the City of port Worth. Prior to the end of the two years you are required to submit a yew financial statement for consideration. In the interim, if you have any questions or comments, please do not hesitate to contact me. Sincerely, Dennis H. Sallis C.P.M. New Development Coordinator Infrastructure Design and Construction Services TRANSPORTATION AND PUBLIC WORKS DEPARTMENT THE CM op Four WORni * 1000 T HROCKMORTON STREIir * FoRT WORTH, T rx,+s 76102 817-392-7913 * RV 817-392-8092 0 Printed on recycled paper SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet , Mark only one: Individual Limited Partnership General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code Street Address (required)City State Zip Code ( )( ) Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: “BIDDER PREQUALIFICATION APPLICATION” Name under which you wish to qualify 00 45 13 - 2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s) which are applicable – Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring - 24-inch diameter casing and less Augur Boring - Greater than 24-inch diameter casing and greater Tunneling – 36-Inches – 60 –inches, and 350 LF or less Tunneling - 36-Inches – 60 –inches, and greater than 350 LF Tunneling – 66” and greater, 350 LF and greater Tunneling – 66” and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development, All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches – 36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV, 24-inches and smaller CCTV, 42-inches and smaller CCTV, 48-inches and smaller 00 45 13 - 3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning , 24-inches and smaller Sewer Cleaning , 42-inches and smaller Sewer Cleaning , All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER $1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting 00 45 13 - 4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CONTRACT AMOUNT CLASS OF WORK DATE COMPLETED LOCATION CITY-COUNTY- STATE NAME AND DETAILED ADDRESS OF OFFICIAL TO WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. 00 45 13 - 5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? NAME PRESENT POSITION OR OFFICE YEARS OF EXPERIENCE MAGNITUDE AND TYPE OF WORK IN WHAT CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. 00 45 13 - 6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation:If a partnership: Date of Incorporation State of Organization Charter/File No.Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No.Individuals authorized to sign for Partnership Officers or Managers (with titles, if any) Except for limited partners, the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. 00 45 13 - 7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 14. Equipment $_______________ TOTAL ITEM QUANTITY ITEM DESCRIPTION BALANCE SHEET VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. 00 45 13 - 8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. _______________________________________________, being duly sworn, deposes and says that he/she is the __________________________________ of ___________________________, the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. 00 45 26 - 1 CONTRACTOR COMPl_.IANCE WITH WORKER'S COMPENSATION LAW Page I of 1 l SECTION 40 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 102360. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage, 8 9 CONTRACTOR: 10 1 I SYB Construction Co.. Inc. By: Brian Wood 12 Company lease Print) 13 _ 14 421 Compton Ave Signature: 15 Address 16 17 IrvingTX 75061 Title: Vice President 18 City/State/Zip (Please Print) I9 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared Brian Wood 26 , known to me to be the person whose name is subscribed to the foregoing instrument, 27 and acknowledged to me that he/she executed the same as the act and deed of SYB 28 Construction Co., Inc. for the purposes and consideration therein expressed and in the capacity 29 therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20'h day of 32 December , 2019. 33 34 35 GEANA URANN Notary Public, State of leass 36 = r Cpmrr+. ExQirgs 03-07.202 t Notary Public in an for the State of Texas Notary ID 12933716.3 37 '�i+m►` 38 END OF SECTION 39 CITY OF PORT WORTH Paving Drainage. Grading. X'Offfand SnrtflanrSe"r rn .vr_rve North Ch►urrq-r 33 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102361} Revised April 2, 2014 005243-1 Developer Awarded Project Agreement Pagel of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on December 20, 2019 is made by and between the Developer, FW 1-35 Logistics Center, LLC, authorized to do business in Texas ("Developer") , and SYB Construction Co., Inc., authorized to do business in Texas, acting by and through its duly authorized representative, {"Contractor"). Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 North Ouarter 35 Water, Sanitary Sewer. Pavinz, And Drainaze Improvements 16 102360 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final AcceptIiK Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 30 s after the 23 date when the Contract Time commences to run as provided in Paragraph 12.04 of the 24 Standard City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer One Thousand Two Hundred Fifty Dollars and Zero Cents Dollars 35 ($11.250.00 for each day that expires after the time specified in Paragraph 3.2 for Final 36 Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS --DEVELOPER AWARDED PROJECTS 102360 Revised June 16, 2016 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised June 16, 2016 Article 4. CONTRACT PRICE 37 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Four Hundred Twenty Eight Thousand Eight 39 Hundred Sixty Five & 51/100 Dollars ($428,865.51). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between Developer and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form (As provided by Developer) 47 1) Proposal Form (DAP Version) 48 2) Prequalification Statement 49 3) State and Federal documents (project specific) 50 b. Insurance ACORD Form(s) 51 c. Payment Bond (DAP Version) 52 d. Performance Bond (DAP Version) 53 e. Maintenance Bond (DAP Version) 54 f. Power of Attorney for the Bonds 55 g. Worker’s Compensation Affidavit 56 h. MBE and/or SBE Commitment Form (If required) 57 3. Standard City General Conditions of the Construction Contract for Developer 58 Awarded Projects. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project’s Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued, become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 74 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised June 16, 2016 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city. 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs, expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city, its officers, servants and employees, from and against any and all loss, damage 88 or destruction of property of the city, arising out of, or alleged to arise out of, the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act, omission or negligence of the city. 94 95 Article 7. MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 98 the Construction Contract for Developer Awarded Projects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the 101 Contractor without the advanced express written consent of the Developer. 102 7.3 Successors and Assigns. 103 Developer and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon DEVELOPER and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas, Fort Worth Division. 115 By: FW I-35 Logistics Center LLC a Delaware limited liability company By: M2G I-35 Logistics Center GP LLC a Texas limited liability company Managing Member Type text here 2623 White Settlement Fort Worth, Texas 76107 12/20/19 Susan Gruppi POLICY NUMBER: 46 UEA QT9714 1�f LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY The following is a listing of policy provisions, farms and endorsements by Farm Number and Title that form a part of the policy at issue. FORM NUMBER TITLE i HG0001 09-16 COMMERCIAL GENERAL, LIABILITY COVERAGE FORM 2 HCQQ06 12-12 DATA BREACH COVERAGE FORM 3 HC2031 12-10 ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSURED 4 HM9901 11-85 INSTALLMENT PAYMENT PLAN 5 HS9921 06-05 TEXAS PREMIUM COMPUTATION ENDORSEMENT 6 HC1210 11-85 COMMERCIAL GENERAL LIABILITY SCHEDULE 7 GN984718 01-15 CONFIRMATION OF COVERAGE ELECTION - TERRORISM RISK INSURANCE ACT 8 HC2370 01-15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM 9 HS0326 07-13 DEDUCTIBLE LIABILITY INSURANCE 10 HC0008 07-96 EMPLOYEE BENEFITS LIABILITY COVERAGE FORM - TEXAS 11 HC2137 03-05 ABSOLUTE LEAD EXCLUSION 12 HS2424 03-17 CONTRACTORS BROAD FORM ENDORSEMENT - TEXAS Farm HS 99 22 06 08 (c) 2008. The Hartford POLICY NUMBER: 46 UEA QT9714 it LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY The following is a listing of policy provisions, forms and endorsements by Form Number and Title that form a part of the poiicy at issue. FORM NUMBER TITLE 13 HC2682 12-12 TEXAS CHANGES - DATA BREACH COVERAGE 14 CGO113 12-04 TEXAS CHANGES - EXPERIENCE RATING MODIFICATION 15 HC2498 12-14 PUNITIVE DAMAGES EXCLUSION 16 HSZ138 03-18 EXCLUSION - RESIDENTIAL CONSTRUCTION 11 CG2010 04-13 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION 18 CG2037 04-13 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED ❑PERATIONS -19 HS2482 07-13 ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION III 20 IH0307 06-11 NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) 21 IH0308 06-11 NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER 22 1H03D8 06-11 NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER 23 I1403D8 06-11 NOTICE OF CANCELLATIONS TO DESIGNATED CERTIFICATE HOLDER 24 HS9948 02-13 IMPORTANT STATE INFORMATION FRAUD WARNING STATEMENTS Form HS 99 22 06 08 (c) 2008. The Hartford POLICY NUMBER: 45 UFA QT9714 LISTING OF OVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY The following is a listing of policy provisions, forms and endorsements by Form Number and Title that form a part of the policy at issue FORM NUMBER TITLE 25 HG2121 02-06 DISCLOSURE -ABSOLUTE ASBESTOS EXCLUSION 26 HC2190 06-08 EXCLUSION - FUNGI, BACTERIA AND VIRUSES 27 HG2102 03-15 EXCLUSION - SILICA 28 HC2193 03-04 EXCLUSION - EXTERIOR INSULATION AND FINISH SYSTEM 29 IL0071 09-08 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 30 IL0017 11-98 COMMON POLICY CONDITIONS 31 IL0168 03-12 TEXAS CHANGES - ❑UTIES 32 IL0275 11-13 TEXAS CHANGES -CANCELLATION AND NONRENEWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES 33 RGO103 06-06 TEXAS CHANGES 34 HS2537 06-05 AMENDMENT POLICY PERIOD 35 IH9940 04-09 U.S. DEPT OF THE TREASURY, OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS 36 IH9941 04-09 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Form FPS 99 22 06 08 (c) 2008, The Hartford POLICY NUMBER: 46 UEA QT9714 LISTING OF COVERAGE PARTS AND ENDORSEMENTS FORMING A PART OF THE POLICY The following is a listing of policy provisions, forms and endorsements by Form Number and Title that Corm a part of the policy at Issue. FORM NUMBER TITLE 37 CG3I07 02-00 TEXAS CHANGES - CONDITIONS REQUIRING NOTICE 38 HC2123 10-01 ABSOLUTE POLLUTION EXCLUSION 39 HC3006 09-16 DISCRIMINATION - AMENDMENT OF PERSONAL & ADVERTISING INJURY DEFINITION 40 HC.2140 09-14 EXCLUSION - DESIGNATED OPERATIONS & COMPLETED OPERATIONS 41 HC2183 I0-01 ABSOLUTE POLLUTION EXCLUSION EXCEPTION FOR MOBILE EQUIPMENT 42 G-3418-0 PRODUCER COMPENSATION NOTICE Form HS 99 22 06 08 tcy 2848, The Hartford COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. (1) The "bodily injury" or "property damage" is Read the entire policy carefully to determine rights, caused by an "occurrence" that takes duties and what is and is not covered. place in the "coverage territory"; Throughout this policy the words "you" and "your" (2) The "bodily injury" or "property damage" refer to the Named Insured shown in the occurs during the policy period; and Declarations, and any other person or organization (3) Prior to the policy period, no insured fisted qualifying as a Named insured under this policy. The under Paragraph 1, of Section II - Who is words "we", "us" and "our" refer to the stock An Insured and no "employee" authorized insurance company member of The Hartford by You to give or receive notice of an providing this insurance. "occurrence" or claim, knew that the The word "insured" means any person or "bodily injury" or "property darnage" had organization qualifying as such under Section II - occurred, in whole or in part. If such a Who Is An insured, listed insured or authorized "employee" Other words and phrases that appear in quotation knew, prior to the policy period, that the marks have special meaning. Refer to Section V - "bodily injury" or "properly damage" Definitions. occurred, then any continuation, change SECTION I - COVERAGES or resumption of such "bodily injury" or "property damage" during or after the COVERAGE A BODILY INJURY AND PROPERTY policy period will be deemed to have been icy p DAMAGE LIABILITY known prior to the policy period, 1. Insuring Agreement c. "Bodily injury" or "property damage" will be a. We will pay those sums that the insured deemed to have been known to have becomes legally obligated to pay as damages occurred at the earliest time when any because of "bodily injury" or "property insured listed under Paragraph 1. of Section II damage" to which this insurance applies. We - Who Is An Insured or any "employee" will have the right and duty to defend the authorized by you to give or receive notice of insured against any "suit" seeking those an "occurrence" or claim: damages. However, we will have no duty to (1) Reports alt, or any part, of the "bodily defend the insured against any "suit" seeking injury" or "property damage" to us or any damages for "bodily injury" or "property other insurer; damage" to which this insurance does not (2) Receives a written or verbal demand or apply. We may, at our discretion, investigate "occurrence" claim for damages because of the "bodily any and settle any claim or "suit" injury' or "property damage"; of that may result. But; (1) The amount we will pay for damages is (3) Becomes aware by any other means that "bodily "property limited as described in Section III - Limits injury" or damage" has Of Insurance; and occurred or has begun to occur. (2) Our right and duty to defend ends when d. Damages because of "bodily injury" include we have used up the applicable limit of damages claimed by any person or organization for care, loss of services or, insurance in the payment of judgments or death resulting at any time from the "bodily settlements under Coverages A or B or injury" medical expenses under Coverage C. No other obligation or liability to pay sums or e. Incidental Medical Malpractice And Good Samaritan Coverage perform acts or services is covered unless explicitly provided for under Supplementary "Bodily injury" ry" arising out of the rendering of Payments - Coverages A and B. or failure to render the following health care t7. This insurance applies to "bodily injury" and "property services by any "employee" or "volunteer worker" shall be deemed to be caused by an damage" only if: "occurrence" for: HG 00 01 0916 Page I of 21 D 2016 The Hartford (Includes copyrighted material of Insurance Services Office, Inc. with its permission.) (1) Professional health care services such as: (a) Medical, surgical, dental, laboratory, x- ray or nursing services or treatment, advice or instruction, or the related furnishing of food or beverages; (b) Any health or therapeutic service, treatment, advice or instruction; or (c) The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; or (2) First aid services, which include: (a) Cardiopulmonary resuscitation, whether performed manually or with a defibrillator; or (b) Services performed as a Good Samaritan. For the purpose of determining the limits of insurance, any act or omission together with ali related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence However, this Incidental Medical Malpractice And Good Samaritan Coverage provision applies only if you are not engaged in the business or occupation of providing any of the services described in this provisions. 2. Exclusions This insurance does not apply to: a. Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury„ or "property damage" resulting from the use of reasonable force to protect persons or property. b. Contractual Liability "Bodily injury" or "property damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract'; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be field liable by reason of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol: or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in. (a) The supervision, hiring, employment, training or monitoring of others by that insured; or (b) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; If the "occurrence" which caused the "bodily injury" or "property damage", involved that which is described in Paragraph (1). (2) or (3) above. However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itsetf considered the business of selling, serving or furnishing alcoholic beverages. d. Workers` Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to. (1) An "employee" of the insured arising out of and in the course of; Page 2 of 21 H G 00 01 09 16 (a) Employment by the insured; or (c) Which are or were at any time (b) Performing duties related to the transported, handled, stored. treated, conduct of the insured's business; or disposed of, or processed as waste by (2) The spouse, child, parent, brother or sister or for: of that "employee" as a consequence of (i) Any insured; or Paragraph (1) above. (ii) Any person or organization for This exclusion applies. whom you may be legally (1) Whether the insured may be liable as an responsible; employer or in any other capacity; and (d) At or from any premises, site or (2) To any obligation to share damages with location on which any insured or any or repay someone else who must pay contractors or subcontractors working damages because of the injury. directly or indirectly on any insured's This exclusion does not apply to liability behalf are performing operations if the assumed by the insured under an "insured "pollutants" are brought on or to the contract', premises, site or location in connection f. Pollution with such operations by such insured, contractor or subcontractor. However, (1) "Bodily injury" or "property damage" this subparagraph does not apply to; arising out of the actual, alleged or [ij "Bodily injury" or "property damage" threatened discharge, dispersal, seepage, arising out of the escape of fuels, migration, release or escape of "pollutants": lubricants or other operating fluids which are needed to perform the (a) At or from any premises, site or normal electrical, hydraulic or location which is or was at any time mechanical functions necessary for owned or occupied by, or rented or the operation of "mobile equipment" loaned to, any insured. However, this or its parts, if such fuels, lubricants subparagraph does not apply to: or other operating fluids escape iij "Bodily injury" if sustained within a from a vehicle part designed to building and caused by smoke, hold, store or receive them. This fumes, vapor or soot produced by exception does not apply if the or originating from equipment that "bodily injury" or "property damage" is used to heat, cool or dehumidify arises out of the intentional the building, or equipment that is discharge, dispersal or release of used to heat water for persona; the fuels, lubricants or other use, by the building's occupants or operating fluids, or if such fuels, their guests; lubricants or other operating fluids (ii) "Bodily injury" or "property damage" are brought on or to the premises, for which you may be held liable, if site or location with the intent that you are a contractor and the owner they be discharged, dispersed or or lessee of such premises; site or released as part of the operations location has been added to your being performed by such insured, policy as an additional insured with contractor or subcontractor; respect to your ongoing operations (5) "Bodily injury" or "property damage" performed for that additional sustained within a building and insured at that premises, site or caused by the release of gases, location and such premises, site or fumes or vapors from materials location is not and never was brought into that building in owned or occupied by, or rented or connection with operations being loaned to, any insured, other than performed by you or on your behalf that additional insured; or by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes arising out of heat, smoke or fumes from a "hostile fire"; from a "hostile fire"; or (b) At or from any premises, site or (e) At or from any premises, site or location which is or was at any time location on which any insured or any used by or for any insured or others for contractors or subcontractors working the handling, storage, disposal, directly or indirectly on any insured's processing or treatment of waste; behalf are performing operations if the HG 00 01 09 16 Page 3 of 21 operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants". (2) Any loss, cost or expense arising out of any: (a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "Pollutants"; or (b) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of: (a) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged; or (b) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment'; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, demolition, or stunting activity. i. War "Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Damage To Property "Property damage" to: (1) Property you own, rent, or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, Page 4 of 21 KG 00 0109 16 enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" arising from the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion d❑ not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at the job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". k. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m, Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. n. Recall Of Products, Work Or Impaired Property Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. o. Personal And Advertising Injury "Bodily injury" arising out of "personal and advertising injury". p. Access or Disclosure Of Confidential Or Personal Information And Data -related Liability Damages arising out of, (1) Any access to or disclosure of any person's or organizations confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information, or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. HG 00 01 0916 Page 5 of 21 However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of "bodily injury As used in this exclusion, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROM$, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. q. Employment -Related Practices "Bodily injury" to: (1) A person arising out of any "employment - related practices", or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that person at whom any "employment -related practices" are directed. This exclusion applies. (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. r. Asbestos (1) "Bodily injury" or "property damage" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements. loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". s. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury" or "property damage" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such #aw; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law: (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You - Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and j. through n. do not apply to damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance, COVERAGE B PERSONAL_ AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit' seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section III - Limits Of insurance; and (2) Our right and duty to defend end when we have used up the applicable limit of Insurance in the payment of judgments or Page 6 of 21 HG 00 0109 16 settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A and B. b. This insurance applies to "personal and advertising injury" caused by an offense arising out of your business but only if the offense was committed in the "coverage territory" during the policy period. 2. Exclusions This insurance does not apply W. a. Knowing Violation Of Rights Of Another "Personal and advertising injury" arising out of an offense committed by, at the direction or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Maternal Published With Knowledge Of Falsity "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material, if done by or at the direction of the insured with knowledge of its falsity. c. Material Published Prior To Policy Period "Personal and advertising injury" arising out of oral, written or electronic publication, in any manner, of material whose first publication took place before the beginning of the policy period. d. Criminal Acts "Personal and advertising injury" arising out of a criminal act committed by or at the direction of the insured. e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement, f. Breach Of Contract "Personal and advertising injury" arising out of a breach of contract, except an implied contract to use another's "advertising idea" in your "advertisement". g. Quality Or Performance Of Goods - Failure To Conform To Statements "Personal and advertising injury" arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement". h. Wrong Description Of Prices "Personal and advertising injury" arising out of the wrong description of the price of goods, products or services. i. Infringement Of Intellectual Property Rights (1) "Personal and advertising injury" arising out of any actual or alleged infringement or violation of any intellectual property rights such as copyright, patent, trademark, trade name, trade secret, trade dress, service mark or other designation of origin or authenticity; or (2) Any injury or damage alleged in any clam or "suit" that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made by you or by any other party involved in the claim or "suit", regardless of whether this insurance would otherwise apply. However, this exclusion does not apply if the only allegation in the claim or "suit" involving any intellectual property right is limited to: (1) infringement, in your "ad vertisement", of: (a) Copyright; (b) Slogan; or (cj Title of any literary or artistic works or (2) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement". j. insureds In Media And Internet `type Businesses "Personal and advertising injury" committed by an Insured whose business is: (1 ) Advertising, broadcasting, publishing or telecasting; (2) Designing or determining content of web sites for others; or (3) An Internet search, access, content or service provider. However, this exclusion does not apply to Paragraphs a., b. and c. of the definition of "personal and advertising injury" under the Definitions Section. For the purposes of this exclusion, the placing Of frames, borders or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting. k. Electronic Chatrooms Or Bulletin Boards "Personal and advertising injury" arising out of an electronic chatroom or bulletin board the HG 00 0109 16 Page 7 of 21 insured hosts, owns, or over which the insured exercises control. I. Unauthorized Use Of Another's Name Or Product "Personal and advertising injury" arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another"s potential customers. m. Pollution "Personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants" at any time. n, Pollution -Related Any loss, cost or expense arising out of any: (1) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants'; or (2) Claim or suit by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants". o. War "Personal and advertising injury", however caused, arising, directly or indirectly, out of. (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. p. Internet Advertisements And Content Of Others "Personal and advertising injury" arising out of: (1) An "advertisement" for others on your web site; (2) Placing a link to a web site of others on your web site- (3) Content, including information, sounds, text, graphics, or images from a web site of others displayed within a frame or border on your web site; or (4) Computer code, software or programming used to enable: (a) Your web site; or (b) The presentation or functionality of an "advertisement" or other content on your web site. q. Right Of Privacy Created By Statute "Personal and advertising injury" arising out of the violation of a person's right of privacy created by any state or federal act. However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act. r. Violation Of Anti -Trust law "Personal and advertising injury" arising out of a violation of any anti-trust law. s. Securities "Personal and advertising injury" arising out of the fluctuation in price or value of any stocks, bonds or other securities. t. Recording And Distribution Of Material Or Information In Violation Of Law "Personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FORA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or (4) Any federal, state or local statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information. u. Employment -Related Practices "Personal and advertising injury" to: (1) A person arising out of any "employment - related practices'; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and advertising injury" to that person at whom any "employment -related practices" are directed. Page 8 of 21 HIG 00 0109 16 This exclusion applies: (1) Whether the injury -causing event described in the definition of "employment - related practices" occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury. v. Asbestos (1) "Personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard", (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard'; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". w. Access Or Disclosure Of Confidential Or Personal Information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. COVERAGE C MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, X-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 2. Exclusions We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b, Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured an that part of premises you own or rent that the person normally occupies. d. Workers Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports, or athletic contests. HG 00 0109 16 Page 9 of 21 f. Products -Completed Operations Hazard Included within the "products -completed operations hazard". g. Coverage A Exclusions Excluded u nder Coverage A. SUPPLEMENTARY PAYMENTS - COVERAGES A AND B 1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend: a. All expenses we incur, b. Up to $1,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. c. The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. e. All court costs taxed against the insured in the "suit". However, such costs do not include attorneys' fees, attorneys' expenses, witness or expert fees, or any other expenses of a party taxed to the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. 2. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suet", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the defense of. that indemnitee, has also been assumed by the insured in the same "insured contract"; d. The allegations in the "suit" and the information we know about the "Occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (2) Provides us wfth written authorization to; (a) Obtain records and other information related to the "suit"; and (b) Conduct and control the defense of the indemnitee in such "suit", So long as the above conditions are met, attorneys` fees incurred by us in the defense of that indemnitee. necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.(2) of Section I - Coverage A - Bodily Injury And Property Damage Liability, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insurance in the payment of judgments or settlements, or b. The conditions set forth above, or the terms of the agreement described in Paragraph f. above, are no longer met. Page 10 of 21 HG 00 01 09 16 SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured, Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co -"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (1)(b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services: (a) Subparagraphs (1)(a), (1)(b) and (1)(c) above do not apply to any "employee" or "volunteer worker" providing first aid services; and (b) Subparagraph (1)(d) above does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties underthis Coverage Part. e. Unnamed Subsidiary Any subsidiary, and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of the Coverage Part. HG 00 01 0916 Page 11 of 21 The insurance afforded herein for any subsidiary not named in this Coverage Part as a named insured sloes not apply to injury or darnage with respect to which such insured is also a named insured under another policy or would be a named insured under such policy but for its termination or the exhaustion of its limits of insurance, 3. Newly Acquired Or Formed Organization Any organization you newly acquire or four}, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization, 4. Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft: or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The following person(s) or organization(s) are an additional insured when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement. A person or organization is an additional insured under this provision only for that period of lime required by the contract or agreement. However, no such person or organization is an insured under this provision if such person or organization is included as an insured by an endorsement issued by us and made a part of this Coverage Part. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". (1) The insurance afforded the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; jej Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution OF sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or Page 12 of 21 HG 00 01 09 16 (h) "Bodily injury" or "property damage" arising out of the sote negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Sub- paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. t2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment 11) Any person(s) or organization(s) from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such persons) or organizations). t2) With respect to the insurance afforded to these additional insureds this insurance does not apply to any "occurrence" which takes place after the equipment tease expires. c. Lessors Of Land Or Premises Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. With respect to the insurance afforded these additional insureds the following additional exclusions apply: This insurance does not apply to: 1. Any 'occurrence" which takes place after you cease to lease that land; or 2. Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your b0alf: (1) In connection with your premises; or (2) In the performance of your ongoing operations performed by you or on your behalf. VVith respect to the insurance afforded these additional insureds, the following additional exclusion applies. This insurance does not apply to "bodily injury" "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2, Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured alfege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. e. Permits Issued By State Or Political Subdivisions Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. With respect to the insurance afforded these additional insureds, this insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or tzj 'Bodily injury" or "property damage" included within the "products -completed operations hazard". f, Any Other Party Any other person or organization who is not an additional insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: t1) In the performance of your ongoing operations; HG 00 01 0916 Page 13 of 21 (2) )n connection with your premises owned by or rented to you; or (3) In connection with "your work" and included within the "products -completed operations hazard", but only if (a) The written contract or agreement requires you to provide such coverage to such additional insured; and (b) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard", However, (1) The insurance afforded to such additional insured only applies to the extent permitted by law; and (2) If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, of the failure to render, any professional architectural, engineering or surveying services, including; (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection; architectural or engineering activities - This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured. if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injuryinvolved the rendering of or the failure to render any professional services by or for you. The limits of insurance that apply to additional Insureds is described in Section III - Limits Of Insurance. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV - Commercial General Liability Conditions_ No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds. b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. General Aggregate Limit The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury' or "property damage" included in the "products - completed operations hazard"; and c. Damages under Coverage B. 3. Products -Completed Operations Aggregate Limit The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products - completed operations hazard". 4. Personal And Advertising Injury Limit Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. S. Each Occurrence Limit Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the stem of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and "property damage" arising out of any one "occurrence". 6. Damage To Premises Rented To You Limit Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. Page 14 of 21 HG 00 01 09 16 In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 7. Medical Expense Limit Subject to 5. above, the Medical Expense Limit is the most we wilt pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. 8. How Limits Apply To Additional Insureds If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy, the most we will pay on behalf of such additional insured is the lesser of, a. The limits of insurance specified in the written contract or written agreement; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to Limits of Insurance shown in the Declarations and described in this Section. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses, and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must; (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other Information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insureds Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or the additional insured is a partnership; HG 00 01 D 816 Page 15 of 21 (3) Any manager, if you or the additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or the additional insured is a corporation; (5) Any trustee, if you or the additional insured is a trust; or (6) Any elected or appointed official, if you or the additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. 3. Legal Action Against Us No person or organization has a right under this Coverage Part. a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Part unless all of its terms have beer) fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builders Risk, Installation Fisk or similar coverage for "your work (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury And Property Damage Liability; (6) When You Are Added As An Additional Insured To Other Insurance Any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, For which you have been added as an additional insured by that insurance; or (T) When You Add Others As An Additional insured To This Insurance Any other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this coverage part_ (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. It other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement, or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Page 16 of 21 HG 00 01 09 16 Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under Coverages A or a to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the SLIM of: (1 ) The total amount that all such other insurance would pay for the foss in the absence of this insurance; and (2) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total appi"ble limits of insurance of all insurers. 5. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. if the sum of the advance and audio premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1 ) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations, b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of youI- business that exist at the inception date of this Coverage Part, we shall not deny coverage under this Coverage Part because of such failure. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them, b. Waiver Of Rights Of Recovery (Waiver of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the HG 00 0109 16 Page 17 of 21 nonrenewal not less than 30 days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - DEFINITIONS 1. "Advertisement" means the widespread public dissemination of information or images that has the purpose of inducing the sale of goods, products or services through: a. (1) Radio; (Zf Television; (3) Billboard; (4) Magazine; (5) Newspaper; or b. Any other publication that is given widespread public distribution. However, "advertisement" does not include: a. The design, printed material, information or images contained in, on or upon the packaging or labeling of any goods or products; or b. An interactive conversation between or among persons through a computer network. 2. "Advertising idea" means any idea for an "advertisement 3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 4. "Auto" means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where 0 is licensed or principally garaged, However, "auto" does not include "mobile equipment". 5. "Bodily injury" means physical. a. Injury; b, Sickness; or c. Disease sustained by a person and, if arising out of the above, mental anguish or death at any time, 6. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any ptaces included in a. above; or c. All other parts of the world if the injury or damage arises out of. (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" an the merfts according to the substantive law in such territory or in a settlement we agree to. 7. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 8. "Employment -Related Practices" means: a. Refusal to employ that person; b. Termination of that person's employment; or c. Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person. 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, lay -laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. it incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by the repair, replacement, adjustment or removal of "your product" or "your work", or your fulfilling the terms of the contract or agreement. 12."Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily ❑ccupied by you with permission of the owner is subject to the Damage to Page 18 of 21 HG 00 01 09 16 Premises Rented To You Limit described in Section III - Limits of Insurance; b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnity a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) Linder which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you of by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph If. does not include that part of any contract or agreement: (1) That indemnities an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker 14."Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto'; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto", 15."Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; HG 00 01 0916 Page 19 of 21 (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". 16."Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication, in any manner, of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or sefVices; e. Oral, written or electronic publication, in any manner, of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement". 10."Pollutants" mean any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recyc;ed, reconditioned or reclaimed. 19. "Prod ucts-completed operations hazard". a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except (1 ) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the Job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading OF unloading" of that vehicle by any insured; (2j The existence of tools, uninstalled equipment or abandoned or unused materials; or (3) Products or operations for which the classification, listed in the ❑ec;Orations or in a policy Schedule, states that products- com+pleted operations are subject to the General Aggregate Limit. 2d."Property damage" means. a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the 'occurrence" that caused it. As used in this definition, computerized or electronically stored data, programs or software are not tangible property. Electronic data means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from; computer software, including systems and applications software, hard or floppy disks, CO - Page 20 of 21 HG 00 0109 16 ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 21."Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must Submit or does submit With our consent; or b. Any other altemative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23."Volunteer worker" means a person who a. Is not your "employee", b. Donates his or her work; c. Acts at the direction of and within the scone of duties determined by you; and d. Is not paid a tee, salary or other compensation by you or anyone else for their work performed for you. 24."Your product". a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You, (b) Others trading under your name, or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Inciudes (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide wamings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work". a. Means; (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes (1) Warranties or representations made at any time with respect to the fitness. quality, durability, performance or use of "your work", and (2) The providing of or failure to provide warnings or instructions. HG 00 01 09 16 Page 21 of 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS BROAD FORM ENDORSEMENT -TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIA BI LITY COVERAG E PART INDEX 1. Alienated Premises Coverage...................................._...........•--........-•-••.........................,..............................1 2. Damage To Your Work...................................................................................................................................1 3 Contractors Limited Professional Liability.......................................................................................................1 4. Per Project and Per Location General Aggregate Limits Of Insurance...,.,,.,......................4........................ 2 5. Medical Payments Coverage - including Products - Completed Operations .................................................. 3 fi. Injury To Employee's Reputation V ith Respect To Incidental Medical Malpractice ...................................... 3 7. Bodily Injury Employee Suits.. .. . ................ ......... _ ............... ............. ...... _ ..................... __ ...................... 3 8. Consolidated Insurance [Wrap -Up] Program..................................................................................................3 % Access Or Disclosure Of Confidential Or Personal Information And Data -Related Liability .........................4 10. Supplementary Payments............. ............................ ..... - ...................................................................... ....... 5 11. Notice of Cancellation to Certificate Holders...........................................................,................................ 5 12. Contractual Liability Coverage For Personal And Advertising Injury ..............................................................6 13. Insured Contract Definition..............................................................................................................................6 1. ALIENATED PREMISES COVERAGE Exclusion j. Damage To Property of Section I - Coverage A is amended as follows a. The following exception to the exclusion is deleted: Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. b. This exception is replaced by the following: Paragraph (2) of this exclusion does not apply if the premises are "your work 2. DAMAGE TO YOUR WORK Exclusion I. Damage To Your Work of Section I - Coverage A is replaced by the following: I. Damage to Your Work "Property damage" to that particular part of "your work" that must be restored, repaired or replaced because "your work" was incorrectly performed and included in the "products - completed operations hazard This provision does not apply if exclusion I. Damage To Your Work has been otherwise modified by endorsement. CONTRACTORS LIMITED PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and to Paragraph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor Professional services include. (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and This exclusion does not apply if the damaged (2) Supervisory or inspection activities performed work or the work performed incorrectly was as a part of any related architectural or performed on your behalf by a subcontractor engineering activities. Form HS 24 24 03 17 Page 1 of 6 02017. The Hartford This exclusion applies even if the claims against operations hazard", and for medical any insured allege negligence or other expenses under Coverage C regardless wrongdoing in the supervision, hiring, of the number of; employment, training of monitoring of others by a" Insureds, that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the b. Claims made or "suits" brought; or offense which caused the "personal and c. Persons or organizations making advertising injury", involved the rendering of or claims or bringing "suits". failure to render any professional services by you 3. Any payments made under Coverage A with respect to your providing engineering, for damages or under Coverage C for architectural or surveying services in your medical expenses shall reduce the Per capacity as an engineer, architect or surveyor. Project General Aggregate Limit for that This exclusion does not apply to your operations ""project" or the Per Location General in connection with construction work performed by Aggregate for that "location", whichever you or on your behalf, applies. Such payments shall not reduce However, this exception to the exclusion will not the General Aggregate Limit shown in the apply if you are in the business or profession of Declarations, the Per Project General providing the professional services described Aggregate Limit for any other "project", or above independent from the construction work the Per Location General Aggregate Limit performed by you or an your behalf for any other "location". In the event this insurance applies to any injury, 4. The limits shown in the Declarations for damage, loss, cost or expense covered by Each Occurrence, Damage To Premises Professional Liability insurance issued by a Rented To You and Medical Expense company unaffiliated with us, then the insurance continue to apply, However, instead of afforded under this Coverage Part is excess over being subject to the General Aggregate such other valid and collectible Professional Limit shown in the Declarations, such Liability insurance (including any deductible or limits will be subject to the applicable Per self -insured retention portion thereof), and any Project General Aggregate Limit if other valid and collectible insurance available to attributable only to ongoing operations at the insured whether primary, excess, contingent a single "project" or the Per Location or on any other basis. General Aggregate if attributable only to 4. PER PROJECT AND PER LOCATION ongoing operations at a single "location", GENERAL AGGREGATE LIMITS OF B. For all sums which the insured becomes INSURANCE legally obligated to pay as damages caused A. For all sums which the insured becomes by "occurrences" under Section I - Coverage A legally obligated to pay as damages caused "occurrences" and for all medical expenses caused by accidents under Section I - Coverage C , by under Section I - Coverage which cannot be attributed only to ongoing A, and for all medical expenses caused by Operations at a single "PToject" or a single accidents under Section I - Coverage Cr "location"; which can be attributed only to ongoing operations at a single "project" or a single �• Any payments made under Coverage A "location"; for damages or under Coverage C for 1. A separate Per Project General medical expenses shall reduce the amount available under the General Aggregate Limit or a separate Per Aggregate Limit or the Products - Location General Aggregate Limit applies "project" 'location", to each or whichever whichever is applicable; and is applicable. The Per Project General Aggregate Limit and Per Location 2. Such payments shall not reduce any Per Aggregate Limit is equal to the amount of Pro 1 gg g Limit or any ate Project General Aggregate the General Aggregate Limit shown in the Per Location General Aggregate Limit. Declarations. C. When coverage for liability arising out of the 2. The Per Project General Aggregate Limit '"products -completed operations hazard" is or the Per Location General Aggregate provided, any ,payments for damages because Limit, whichever applies, is the most we of "bodily injury' or "property damage" will pay for the sum of all damages under included in the '"products -completed Coverage A. except damages because of operations hazard" will reduce the Products. "bodily injury" or "property damage" Completed Operations Aggregate Limit, and included in the "products -completed not reduce the General Aggregate Limit,or Page 2 of 6 Form HS 24 24 03 17 any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. D. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. E. For the purposes of Paragraph 4, the following definitions apply: "Project" means a premises an insured does not own or rent and where such insured performs construction -related operations. Each "project" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right-of-wayrailroad shall be considered a single "project". If a "project" has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the "project" shall be considered a single "project", "Project" does not include a premises that is a "location". "Location" means a premises an insured owns or rents and where such insured performs business operations other than construction - related operations. Each "location" involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right-of-way railroad shall be considered a single "location." "Location" does not include a premises that is a "project". This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been otherwise modified by endorsement. 5. MEDICAL PAYMENTS COVERAGE -INCLUDING PRODUCTS -COMPLETED OPERATIONS Paragraph 1.a. of the Insuring Agreement - Coverage C is replaced by the following: Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident* (1 ) On premises you own or rent; (2) On ways next to premises you own or rent; (3) Because of your operations; or (4) Included within the definition of the "products -completed operations hazard;" provided that: (1 ) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 6. INJURY TO EMPLOYEE'S REPUTATION WITH RESPECT To INCIDENTAL MEDICAL MALPRACTICE A. The following is added to paragraph 1.e. of the Insuring Agreement - Coverage A: (3) With respect to incidental medical malpractice, "bodily injury" includes damages claimed for injury to emotions or reputation of an "employee" arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic services. B. The following exclusion is added to Coverage B - Personal and Advertising Injury; "Personal and advertising injury arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic. T. BODILY INJURY EMPLOYEE SUITS A. "Bodily injury" as listed in paragraph 2.a.(11 j of Section Ii - Who Is An Insured, does not apply to 2.a.(1)(a) through 2.a.(1 )(c). B. Part a. of Paragraph 4. Nonowned Watercraft in Section II - Who is An Insured does not apply. 8. CONSOLIDATED INSURANCE (WRAP-UP) PROGRAMS The following exclusion is added to Section l Coverage A: This insurance does not apply to any "bodily injury" or "property damage" arising out of any "wrap project or premises" where an insured under this policy is also an insured under a commercial general liability (CGL) policy included within a "consolidated insurance (wrap-up) program." This exclusion applies even if the limits of insurance for such "consolidated insurance (wrap-up) program" are exhausted or not collected for any reason, including bankruptcy or insolvency of the insurer providing coverage for the "consolidated insurance (wrap-up) program This exclusion also applies if the CGL coverage afforded under the "consolidated insurance (wrap-up) program" is narrower in scope than the coverage provided by this policy. This exclusion does not apply to. A. Products -Completed Operations Hazard Exception "Bodily injury" or "property damage" arising out of an insured's operations at or in connection with a "wrap project or premises" when such "bodily injury' or "property Form HS 24 24 03 17 Page 3 of 6 damage" commences after the "products - completed operations hazard" coverage or any completed operations extension coverage provided by the applicable "consolidated insurance (wrap-up) program" has ended or is no longer in effect. B. Excluded Operations Exception "Bodily injury" or "property damage" arising out of an insured's operations at or in connection with a "wrap project or premises" to the extent the applicable "consolidated insurance (wrap-up) program" does not apply to those operations. C. Off Site Location Exception "Bodily injury" or "property damage" resulting from an insured's operations at or in connection with a "wrap project or premises" at a location to which the applicable "consolidated insurance (wrap-up) program" does not apply. D. Repair Work And Punch List Work Exception "Bodily injury" or "property damage" resulting from "repair work" or "punch list work" at a 'Wrap project or premises" but only when the applicable "consolidated insurance (wrap-up) program" does not apply or no longer applies to such "repair work" or "punch list work This exception does not apply to the cost of performing such "repair work" or "punch list work", or to the "repair work" or "punch list work" itself. E. Additional Insured Extension "Bodily injury" or "property damage" for which you are solely an additional insured under the "consolidated insurance (wrap-up) program". The coverage provided under Paragraphs 8.A through 8.E. above is subject to all terms, conditions and exclusions of this policy. For purposes of Paragraph B., the following definitions apply: "Consolidated insurance (wrap-up) program" means any agreement or arrangement, including any contractor -controlled, owner -controlled or similar insurance program under which one or more contractor(s) working on a specified project are insured under one or more commercial general liability (CGL) policies issued by a specified carrier €or injury or damage arising out of operations conducted in connection with or necessary or incidental to the project. 'Wrap project or premises" means any premises or construction project subject to a "consolidated insurance (wrap-up) program". "Repair work" means service, maintenance, correction, repair, replacement work, or periodic inspection performed by an insured at or in connection with a "wrap project or premises", in order to replace of repair an insured's completed work. "Punch list work" means work performed by an insured at or in connection with a "wrap project or premises" in order to complete the work called For in an insured's contract for the "wrap project or premises". 9. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA - RELATED LIABILITY A. Exclusion p. of Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following p. Access Or Disclosure Of Confidential Or Personal Information And Data - Related Liability Damages arising out of; (1) Any access to or disclosure of any person's or organization's confidential or personal information, Including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is describer! in Paragraph (1) of (2) above. However, unless Paragraph (1 f above applies, this exclusion does not apply to liability for damages because of "bodily injury". B. The following is added to Paragraph 2. Exclusions of Section I - Coverage B - Personai and Advertising injury: 2. Exclusion This Insurance does not apply to: Access Or Disclosure Of Confidential Or Personal information "Personal and advertising injury" arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of non pubfic information. Page 4 of 6 Form HS 24 24 03 17 This exclusion applies even if damages are claimed for notification costs. credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or pe€sonal information. C. The following paragraph is added Ia Section tt1 - Limits Of Insurance: Subject to Paragraph 5. Each Occurrence Limit, the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $100,000, unless modified by endorsement. 0. The following definition is added to Section V - Definitions: "Electronic data" means information, facts or programs: a. Stored as or on, b. Created or used on; or c. Transmitted to or from; computer software, (including systems and applications software) hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. E_ For the purposes of the coverage provided by this provision, the definition of "property damage" in Section V - Definitions is replaced by the following: "Property damage" means; a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur, at the time of the physical injury that caused At b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For, the purposes of this insurance, "electronic data" is not tangible property. 10. SUPPLEMENTARY PAYMENTS In the Supplementary Payments - Coverages A and B provision: The limit for the cost of bail bonds in increased to $2.500- 11. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions, A. if this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B. If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on File with the agent of record or the Company. if notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of Insurance applicable to this policy's term. Failure to provide such notice to the certificate holder(S) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. 12. CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY Exclusion e. of SECTION I - COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY is replaced by the following; This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages, (1) That the insured would have in the absence of the contract or agreement; or (2) Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" occurs subsequent to the execution of the Form HS 24 24 03 17 Page 5rf6 contract of agreement. Solely for the purposes of liability assumed in an "insured ,contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury', provided: (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 13. INSURED CONTRACT DEFINITION a. INSURED CONTRACT- CONSTRUCTION OPERATIONS AND MUNICIPAL WORK Paragraph d. of the definition of "insured contract" in Section V - Definitions is deleted and replaced by the following: An obligation, as required by ordinance, to indemnify a municipality. b. CONTRACTUAL LIABILITY Paragraph f. of the definition of "insured contract" is deleted and replaced by the following: That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" to a third person or ofganization. Tort liability means a liability that would be imposed by taw in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indernnifies a railroad for "bodily injury". "property damage", or "personal and advertising injury" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds, tunnel, underpass or crossing. However. Paragraph f. does not include that part of any contract or agreement_ (1 ) That indemnifies an architect. engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surreys, Feld orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for aft injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. All other terms and conditions in the policy remain unchanged. Page 6 of 6 Form HS 24 24 03 17 POLICY NUMBER: 46 UEA QT9714 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - OPTION III This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Or anization s : Designated Project(s) Or Location(s) Of CoveredOperations: All, except Additional Insureds that are All insured under a separate additional insured endorsement on this policy Information required to complete this Schedule if not shown above will be shown in the Declarations_ A. With respect to those person(s) or organization(s) shown in the Schedule above when you have agreed in a written contract or written agreement to provide insurance such as is afforded under this policy to them, Subparagraph f., Any Other Party, under the Additional Insureds When Required By Written Contract, Written Agreement Or Permit Paragraph of Section 11 — Who Is An Insured is replaced with the following f. Any Other Party Any other person or organization who is not an insured under Paragraphs a, through e., but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; (2) In connection with your premises owned by or rented to you and shown in the Schedule; or Form HS 24 82 07 13 (3) In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products - completed operations hazard", but only if: (a) The written contract or written agreement requires you to provide such coverage to such additional insured at the project(s) or locations) designated in the Schedule; and (b) This Coverage Part provides coverage for "bodlly injury" or "property damage" included within the "products -completed operations hazard". The insurance afforded to the addstional Insured shown in the Schedule apples: (1) Only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed; (a) During the policy period; and (b) Subsequent to the execution of such written contract or written agreement; and ® 2013, The Hartford (Includes copyrighted material of Insurance Services Office, inc., with its permission j Page 1 of 2 (c) Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided to the additional insured. (2) Only to the extent permitted by law; and (3) Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. With respect to the insurance afforded to the person(s) or organization(s) that are additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications: or (2) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to the additional insured shown in the schedule are described in the Limits Of Insurance section. How this insurance applies when other insurance is available to the additional insured is described in the Other Insurance Condition in Section IV — Commercial General Liability Conditions, except as otherwise amended below. B. With respect to insurance provided to the person(s) or organizations) that are additional insureds under this endorsement, the When You Add Others As An Additional Insured To This Insurance subparagraph, under the Other Insurance Condition of Section IV — Commercial General Liability Conditions is replaced with the following: When You Add Others As An Additional Insured To This Insurance (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. if other insurance is also primary, we will share with all that other insurance by the method described in Paragraph (c) below. This insurance does not apply to other insurance to which the additional insured in the Schedule has been added as an additional insured. (b) Primary And Non -Contributory To Other Insurance When Required By Contract This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured in the Schedule is a Named Insured under such other insurance; and (ii) You have agreed in a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured in the Schedule. (c) Method Of Sharing If all of the other. insurance permits contribution by equal shares, we will follow this method also. Linder this approach, each insurer contributes equal amounts untif it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. All other terms and conditions in the policy remain unchanged. Page 2 of 2 Form HS 24 82 07 13 a: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REA❑ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the fo}lowing additional Conditions: A. If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. & If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with malling addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) ❑n file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Form lH 03 07 06 11 Page i of 1 u 2011. The Hartfora THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: 46 WBA AT0918 Endorsement Number: Effective Date: 9/30/2019 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: SYS CONSTRUCTION CO- INC. 421 COMPTON IRVING TX 75061 This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with 1 { I Special Waiver Name of person or organization n'. respect to bodily injury arising out of the operations described In the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above persons} or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: 9/30/2019 Policy Expiration Date: 9/30/2020 SYB Construction Co., Inc. Policy #46 UEA QT 9713 COMMERCIAL AUTOMOBILE HA99160312 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. A. Subsidiaries and Newly Acquired or Formed Organizations The Named insured shown in the Declarations is amended to include, (1 ) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership However, the Named Insured does not include any newly formed or acquired organization. (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury" or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. B. Employees as Insureds Paragraph A.1_ - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add. d. Any "employee" of yours while using a covered "auto" you don't own, hire or borrow in your business or your personal affairs- C. Lessors as Insureds Paragraph A.1, - WH❑ IS AN INSURED - of Section II • Liability Coverage is amended to add e_ The lessor of a covered "auto" while the "auto" is [eased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D, Additional Insured if Required by Contract (1) Paragraph A.1. - WH0 IS AN INSURED - of Section II Liability Coverage is amended to add f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization is an "insured", but only to the extent such person or organization is liable For "bodily injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." © 2011, The Hart€ord (Includes copyrighted material Fo►rn HA 99 16 03 12 of ISO Properties, Inc„ with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in 1.D. - Additional (1 ) During the policy period, and Insured If Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in Other Insurance 5.d. person or organization be added as an additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: If you have agreed in a written contract (a) The limits of insurance specified in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of Insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other in addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3j Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other insurers. to the other insurer for defense and indemnity. When this insurance is excess over other insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of. written contract or written agreement (1) The total amount that all such other that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (2) The total of all deductible and self -insured (4} Duties in The Event Of Accident, Claim, amounts under all that other insurance. Sor Lass Suit o If you have agreed in a written contract We will share the remaining loss, if any, by the method described in Other Insurance 5.d. or written agreement that another person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS - OF SECTION IV - BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2011, The Hartford (includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 if an "employee's' personal insurance also applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION S. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE. COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss"; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto' if it results from an "accident", you are legally liable and the lessor incurs an actual financial loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. 5 PHYSICAL DAMAGE ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph A.4.a, of SECTION III - PHYSICAL. DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOANILEASE GAP COVERAGE Under SECTION ill - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the loanllease. "Outstanding balance" means the amount you owe on the loanllease at the time of "loss" less any amounts representing taxes; overdue payments: penalties, interest or charges resulting from overdue payments; additional mileage charges, excess wear and tear charges; lease termination fees; security deposits not returned by the lessor; costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION Ill - PHYSICAL DAMAGE COVERAGE, the following is added The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION Ili - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is; (1} Permanently installed in or upon the covered "auto": (2) Removable from a housing unit which is permanently installed in or upon the covered "auto'% (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above, or G 2011, The Hartford (includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc„ with its permission.) Page 3 of 5 (4) Necessary far the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C are each amended to add the following- $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is. (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. • COVERAGE - of SECTION III - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered ..auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE -of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added; If another Hartford Financial Services Group, Inc, company policy or coverage form that is riot an automobile policy or coverage form applies to the same "accident", the following applies: (1) If the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12, AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT O F ACC IDENT,CLAIM, SUIT OR LOSS • of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident" applies only when the "accident" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY of SECTION tV - BUSINESS AUTO CONDITIONS as replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that if the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America. Puerto Rico or Canada or in a settlement we agree to_ No deductible applies to glass damage if the 15. WAIVER OF SUBROGATION glass is repaired rather than replaced. TRANSFER OF RIGHTS OF RECOVERY 11. TWO OR MORE DEDUCTIBLES AGAINST OTHERS TO US - of SECTION IV - Under Paragraph D - DEDUCTIBLE - of SECTION BUSINESS AUTO CONDITIONS is amended by III • PHYSICAL DAMAGE COVERAGE, the adding the following - following is added: 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 of ISO Properties, Inc., with its permission ) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V- DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event o€ a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a. If the auto is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10%, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10.000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. D 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 5 of 5 00W 13-1 PFRFORpv ANU WIN[) Pas: 1 0 _T Bond #1074780 I SECTION 00 62 13 PERFORMANCE- BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL, BY THESE PRESENTS- 6 COUNTY OFTARRANT` § 7 That we, qVB. tam--,=u. -t-ton Company,_ Inc. . known as S "Principal" herein and The Hanover Insurance Company a corporate 9 surely(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety"' herein (whether one or more), are held and firmly bound unto the Developer, FW 1-35 11 Logistics Center, LLC, authorized to do business in Texas ("Developer'') and the City of Fort I? Worth, aTexas municipal corporation ("City"), in the penal sum of, Four Hundred Twenty Eight 13 Thousand Eight Hundred Sixty Five&51 / 19 01lars ($ 42.8 !865.51 J. Id lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 15 payment of which sum well and truly to be made jointly lotto the Developer and the City as dual t6 obligees, we bind Ourselves, our heirs, executors, administrators. successors and assigns, jointly 17 and severally. tinnly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement. CFA Number CFA 19-0157: and 21 WHEREAS. the Principal has entered into a certain written contract with the Developer awarded 7rf 22 the Xd day of . 10 �_ which Contract is hereby referred to and made a 23 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor 2 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Paling, Drainage. Grading, Water and 26 Styniia?iv Seiver to serve North Quarier 35. 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, including Change Orders, under the Contract, according, to the plans, 30 specitications, and contract documents therein referred to, and as well during any period of 3 t extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void. otherwise to remain in full force and effect. CITY OF FORT WORTH Pavaq, Drainage. GFading. Itar.r and Sam On, Sewer la s Mle karlh Quarter 33 STANDARD CITY COND1T[ONS - DEVELOPER AWARDED PROD -CTS M2360 RevisLglanuiuy 31.201.2 00 fi? 13 21 - PERFORMANCE BOND Page 2 of 2 PROVIDED FURTHER, that if any legal action he filed on this Bond., venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 20th day of 9 December , 24 19 10 li 12 13 14 15 16 ATTEST- 17 1$ ALTO 19 (Principal) Secretary 20 71 72 23 24 25 Witness as to Principal 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 itness as to Surety 41 42 PRINCIPAL: SYS ConstrqStion Company, Inc. BY: Signature d_. " 0 L /, /_0 Name and Title �— Address:421 Compton Ave Irving, TX 75061 SURETY: The Hanover I-nsu ❑ _ any B Y: ignature .lack M Crowley, Attorney in Fact Name and Title Address:500 N Akard #4300 Telephone Number: 972_385,_= q&0,0 43 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 44 from the by-laws showing that this person has authority to sign such obligation. If 45 Surety's physical address is different from its mailing address, both must be provided. 46 47 The date of the bond shall not be prior to the date the Contract is awarded, CITY OF FORT WORTH Faviog, Drainage. Grading, it'a+er and Sant apy Sever to see w North ouarloe 33 STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS 102360 Revised January 31, 2012 1111 h'- 14 - PAYM< NT BON17 Page 1 fit 7 Bond #1.074780 i SECTION 00 62 14 2 PAYM1 NT BON❑ 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,SYB known as S "Principal" herein, and The Hanover Insurance Company , a 9 corporate surety � or sureties if more than one), duly authorized to do business in the State of 10 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the 11 Developer, FW 1-35 Logistics Center, LLC, authorized to do business in Texas "(Developer"), 12 and the City of Fort Worth, a Texas municipal corporation (-City"), in the penal sum 13 of Your Hundred Twenty Eight Thousand* Dollars (S 428, 865.51 1 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County. Texas, for the 15 payment of which sum well and truly be made Jointly unto the Developer and the City as dual 16 obligees. we bind ourselves. our heirs. executors. administrators. successors and assigns, jointly 17 and severally, firinly by these presents: *Eight Hundred Sixty Five & 51/100 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth. by and through a Community Facilities 20 Agreement, CFA Number C F A 19-0164, and 21 WHEREAS, Principal has entered into a certain written Contract with Developer. 22 awarded the o_ day of 20 C, which Contract is hereby 23 referred to and made a pail hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law. in the prosecution of the 25 Work as provided for in said Contract and designated as Priving, Drainage, Gractin3, Water and 26 SanitarySewer to serve Aforth Ouarter 35. 27 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if ?8 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 29 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 30 the Contract, then this obligation shall be and become null and void, otherwise to remain in full 31 force and effect, Ct rr OF F ORT WORTH Poving, DramcN . rwcting, ii arer andSatvou y Surer [a serve Noiih Quetrier 33 S-I ANDARD CITY CONDITIONS DFVUOPFR AWARDED PROJECTS 102360 RBviSC Janu m 31 2 i? 1 3 4 5 6 7 8 4 10 11 12 13 14 00 62 14 -? PAYMENT ROND Page? of, This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code. as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statilte. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 2❑ th day of December .20 19 ATTEST: L K {Principal} Secretary Witness as to Principal ATTEST: ��t•t (Surety) Secretary Witness as to Surety PRINCIPAL: SYB Construct' Com an , Inc. BY: Signature Name and Title Address: 421 C_ MP-LOn—Ave SU RETY: The Hanover Insurance Company Jack M Crowley, Attorney zn Fact. Name and Title Address: 500 N Akard, #4300 Dallas, TX 75201 Telephone Number: 972-385-9800 Note: If signed by an officer ❑F the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Pcnvig, Drainage_ Grading, H"wer and Sanuaq Sewer fa xerve Nordr Qrsarrrr 35 STANDARt) CITY COA DMONS - DEVIFLOPER AWARDED PROJECTS N2360 Revisal larruan 31:1-0T2 404219-I LIAnvTEINANC E 3 0 N D page 1 ail 3 Bond #1074780 I SECTION 00 62 19 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: b COUNTY OF TARRANT § 7 That we SYR Congructinn Company, Inc. known as 8 "Principal" herein and The Hanover Tnsurance ['or1 D qD_y _• . a corporate surety 4 (sureties, if more than one) dilly.authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer: FW 1-3-5 1 I Logistics Center. LLC, authorized to do business in Texas ("Developer") and the City of Feat 12 Worth, a Texas municipal corporation ("City"), in the sum- Four Hundred Twenty Eight Thousand 1; Y' Eight Hundred Sixty Five & 5 i_ / 100 Dollars (S_4_2g,_R63_51 }, 14 lawful money of the United States. to be paid in Fort Worth, Tarrant County, Texas, far payment I of which sutra well and truly be made jointly unto the Developer and the City as dual obligees and 16 their successors, vve hind ourselves, out heirs, executors, administrators_ successors and assigns, 17 jointly and severally. firmly by these presents. 18 IV WHEREAS, Developer and City have entered into an Agreement for the construction of ?s} community facilities in the City of Foil Worth by and through a Community Facilities 21 Agreement, CFA Number CFA 19-0164; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 207114day of 20which Contract is 24 hereby referred to and a made part hereof' For all purposes as if fully set forth herein, to furnish ali 2S materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work. including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as Paving, Draincge, Grading, 28 Water and ,Sanitary Seiver to serve North Quarter 35. and 29 30 WHEREAS. Principal binds itself to use such materials and to so construct the Work In 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workmanship For and during the period of two (2) years 33 after the date of Final Acceptance of the Work by the C ity ("Maintenance Period"); and 34 CI M OF FI 1RT Wi 1RT1 I Po -mg, Dnifs go, Grading, III arer aid $urrlrall Sewn 1,2 wire 'Vordl Quarto 35 STANDARD CITY CONDITIONS - ❑EVELOFFR AWARDED PROJECTS 10-'3611 Revise Jnnuarj 31.1012 UQ6219-2 MAINTFNANCE I30N'J) Pagc 2 of; I WHEREAS, Principal binds itself to repair or reconstruct the Wort; in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance. Period. d 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work_ for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void: otherwise to H remain in full force and effect. 9 1(f PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely i 1 noticed deflective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired ands or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond, and 14 15 PROVIDE❑ FURTHER, that if any legal action .be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District a Texas, Fort 17 Worth Division. and is 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive: recoveries may be had hereon for successive breaches, 21 77 CITYOF FORT W ORT11 Pawn& Dramage, r rending, INver and Sant Ian Sever rrr seri,e .North ouarrer 35 S IANDARD C I T Y C ONDI T IONS - DFVFLOPER AWARDED PR(ME CTS 102360 Re+,sed danuary :1.21J12 Oil h2 14 - 3 -MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 7oth day of 3 — _� 20_19 5 b 7 8 9 la 11 12 13 14 15 16 17 18 19 20 71 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATrrEST: VJAL ,.bt �e. &&vAJr: (Principal) Secretary Witness as to Principal ATTEST: f Lja oeu E4-� (Surety) Secretary Witness as to Surety PRINCIPAL: SYR Construct- an Company, Inc. BY: Signature Name and Title Address: 471 Campton Ave Irving, TX�75061 SURETY: The Hanover Insurance mpany BY: ' natur Jack M Crowley, Attorney in Fact Name and Title Address: _ 50p a Akard, #4300_� Dallas, Tip 75201 Telephone Number: 972_395-9gop `Note; If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. C I TY OF FORT WORTH Paring, Drainage. Gradnig, H,arer and Sainleni, Sewer ry serve North Quarter 35 STANDARD CIT Y CONDI TIONS - DEVELOPER AWARDED PROJECTS 10?360 Revised January 3 L 2012 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AM ERICA POWER OF A TTORNEY THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner snd to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS -- That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing underthe laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANYOF AMERICA, a corporation organized and existing underthe laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint, Steven R. Foster., Jack M. Crowley, Laurie Pflug, and Teuta Luri Of Willis of Texas, Inc. of Dallas, TX each individually, if there be more than one named, as its true and lawful attomey(s)-in-fact to sign. execute, seal. acknowledge and deliver for, and on its behalf, and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations- The execution of such surety bonds, recog nizances, undertakings or surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however, that this power of attorney limits the acts of those named herein; and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below Any such obligations in the United States, not to exceed Thirty Five Million and No1100 ($35,000,000) In any single instance That this power is made and executed pursuant to The authority of the following Resolutions passed by The Board of Directors of said Company, and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys -in -fact of the Company, in its name and as itacis. to execute and acknowledge for and an its behalf as surety, any and alt bonds, recognizances, contracts of indemnity, waivers of citation and aH other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attomeys-in•faof shalt be binding upon the Gompan y as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED, That any and all Powers of Attorney and Certified Copies of such Powers of Attomeyand certification in respect thereto, granted and executed by the President or Vice President in conjunction with any Vice President of the Company, shall be binding on the Company to the same extent as if all signatures therein were manually affixed, even though one or more of any such signatures thereon may be facsimile. (Adapted October 7. 1981 — The Hanover Insurance Company', Adopted April 14. 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) fN WITNESS WHEREOF, THE HANOVER INSURANCE COMPANY, MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals, duly attested by two Vice Presidents, this 26th day of November, 2019. The Hanover Insurance Company Massachusetts Bay Ins4a n c e Ca rnpa ny Citizens Insurance Com any of America . �^JG.� Sohn C. Roche_ EN? and PresL&= THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) as. Tire Ha norer tnsura tic- Cc mPa ray M asses cbruse t-ts eay Insurance Cos" parry Otixews Insurance Company of An Vrwa •iii 7an.ns H Kawlecka, vise Pscsident On this 2W11 day of November, 2019 before me came the above named Vice Presidents of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, to me personally known to be the individuals and officers described herein, and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America, respectively, and that the said corporate seals and their sign aturesas officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. f]t NE J. MAr1IW) nol�.r r,�erlp Nr Cowr ram— D. rNs 4. t96t M, r, i, 11w-i. ,, C1r•t -` 10 Lw 1, A. f I, the undersigned Vice President of The Hanover Insurance Company. Massachusetts Bay Insurance Company and Citizens insurance Company of America, hereby certify that the above and foregoing is a full- true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said rowers of Attomey are still in force and effect - GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 2011 day of December 2019 CERTIFIED COPY Pt>; WFT i1 tita7[Iirrrl. NibAiidw�' j pn Hanr The Hanover insurance Company 1440 Liro In Street, WPr(.eder MA 0155s lnsuran�e Group' Citizens Insurance Company of America 1 645 Wed Grand River Avenue. Howell -MI 43S43 Texas Complaint Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call The Hanover Insurance Company/Citizens Insurance Company of America's toll -free telephone number for information or to make a complaint at: 1-800-608-8141 AVISO IMPORTANTE Para obtener information o para someter una queja; listed puede Ilamar of numero de telefono gratis de The Hanover Insurance Company/Citizens Insurance Company of America's para information ❑ para someter una queja al; 1-800-608-8141 You may also write to The Hanover Insurance Company/ listed tambien puede escribir a The Hanover insurance Citizens Insurance Company of America at- Company/Citizens Insurance Company of America ak 440 Lincoln Street Worcester, MA 01615 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.texasgov E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the com- pany first. If the dispute is not resolved, you may contact the Texas Department of Insurance, ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or con- dition of the attached document. 440 Lincoln Street Worcester, MA 01615 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companies, coberturas, derechos o quejas alp 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. Q. Box 149104 Austin, TX 78714-9104 Fax (512) 475-1771 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdistatetx.us DISPUTAS SOBRE PRiMAS D RECLAMOS: Si bene una disputa concerriiente a su prima o a un rec- lamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse ton el departamento (TDl). UNA ESTE AVISO A SU POLIZA: Este avis❑ es solo para proposito de information y no se convierte en parte o condition del documento adjunto. ,M-1A57'(9UP 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 Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102360 Revised December 20, 2012 1 SECTION 01 11 00 2 SUMMARY OF WORK 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Summary of Work to be performed in accordance with the Contract Documents 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 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. Work Covered by Contract Documents 19 1. Work is to include furnishing all labor, materials, and equipment, and performing 20 all Work necessary for this construction project as detailed in the Drawings and 21 Specifications. 22 B. Subsidiary Work 23 1. Any and all Work specifically governed by documentary requirements for the 24 project, such as conditions imposed by the Drawings or Contract Documents in 25 which no specific item for bid has been provided for in the Proposal and the item is 26 not a typical unit bid item included on the standard bid item list, then the item shall 27 be considered as a subsidiary item of Work, the cost of which shall be included in 28 the price bid in the Proposal for various bid items. 29 C. Use of Premises 30 1. Coordinate uses of premises under direction of the City. 31 2. Assume full responsibility for protection and safekeeping of materials and 32 equipment stored on the Site. 33 3. Use and occupy only portions of the public streets and alleys, or other public places 34 or other rights-of-way as provided for in the ordinances of the City, as shown in the 35 Contract Documents, or as may be specifically authorized in writing by the City. 36 a. A reasonable amount of tools, materials, and equipment for construction 37 purposes may be stored in such space, but no more than is necessary to avoid 38 delay in the construction operations. 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102360 Revised December 20, 2012 1 b. Excavated and waste materials shall be stored in such a way as not to interfere 2 with the use of spaces that may be designated to be left free and unobstructed 3 and so as not to inconvenience occupants of adjacent property. 4 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 5 manner as not to interfere with the operation of the railroad. 6 1) All Work shall be in accordance with railroad requirements set forth in 7 Division 0 as well as the railroad permit. 8 D. Work within Easements 9 1. Do not enter upon private property for any purpose without having previously 10 obtained permission from the owner of such property. 11 2. Do not store equipment or material on private property unless and until the 12 specified approval of the property owner has been secured in writing by the 13 Contractor and a copy furnished to the City. 14 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 15 obstructions which must be removed to make possible proper prosecution of the 16 Work as a part of the project construction operations. 17 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, 18 lawns, fences, culverts, curbing, and all other types of structures or improvements, 19 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or 20 appurtenances thereof, including the construction of temporary fences and to all 21 other public or private property adjacent to the Work. 22 5. Notify the proper representatives of the owners or occupants of the public or private 23 lands of interest in lands which might be affected by the Work. 24 a. Such notice shall be made at least 48 hours in advance of the beginning of the 25 Work. 26 b. Notices shall be applicable to both public and private utility companies and any 27 corporation, company, individual, or other, either as owners or occupants, 28 whose land or interest in land might be affected by the Work. 29 c. Be responsible for all damage or injury to property of any character resulting 30 from any act, omission, neglect, or misconduct in the manner or method or 31 execution of the Work, or at any time due to defective work, material, or 32 equipment. 33 6. Fence 34 a. Restore all fences encountered and removed during construction of the Project 35 to the original or a better than original condition. 36 b. Erect temporary fencing in place of the fencing removed whenever the Work is 37 not in progress and when the site is vacated overnight, and/or at all times to 38 provide site security. 39 c. The cost for all fence work within easements, including removal, temporary 40 closures and replacement, shall be subsidiary to the various items bid in the 41 project proposal, unless a bid item is specifically provided in the proposal. 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects 102360 Revised December 20, 2012 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 SECTION 01 25 00 2 SUBSTITUTION PROCEDURES 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for requesting the approval of substitution of a product that is not 7 equivalent to a product which is specified by descriptive or performance criteria or 8 defined by reference to 1 or more of the following: 9 a. Name of manufacturer 10 b. Name of vendor 11 c. Trade name 12 d. Catalog number 13 2. Substitutions are not "or-equals". 14 B. Deviations from this City of Fort Worth Standard Specification 15 1. None. 16 C. Related Specification Sections include, but are not necessarily limited to: 17 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 18 2. Division 1 – General Requirements 19 1.2 PRICE AND PAYMENT PROCEDURES 20 A. Measurement and Payment 21 1. Work associated with this Item is considered subsidiary to the various items bid. No 22 separate payment will be allowed for this Item. 23 1.3 REFERENCES [NOT USED] 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. Request for Substitution - General 26 1. Within 30 days after award of Contract (unless noted otherwise), the City will 27 consider formal requests from Contractor for substitution of products in place of 28 those specified. 29 2. Certain types of equipment and kinds of material are described in Specifications by 30 means of references to names of manufacturers and vendors, trade names, or catalog 31 numbers. 32 a. When this method of specifying is used, it is not intended to exclude from 33 consideration other products bearing other manufacturer's or vendor's names, 34 trade names, or catalog numbers, provided said products are "or-equals," as 35 determined by City. 36 3. Other types of equipment and kinds of material may be acceptable substitutions 37 under the following conditions: 38 a. Or-equals are unavailable due to strike, discontinued production of products 39 meeting specified requirements, or other factors beyond control of Contractor; 40 or, 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 b. Contractor proposes a cost and/or time reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. See Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: 6 a. After award of Contract 7 b. Under the conditions stated herein 8 2. Submit 3 copies of each written request for substitution, including: 9 a. Documentation 10 1) Complete data substantiating compliance of proposed substitution with 11 Contract Documents 12 2) Data relating to changes in construction schedule, when a reduction is 13 proposed 14 3) Data relating to changes in cost 15 b. For products 16 1) Product identification 17 a) Manufacturer's name 18 b) Telephone number and representative contact name 19 c) Specification Section or Drawing reference of originally specified 20 product, including discrete name or tag number assigned to original 21 product in the Contract Documents 22 2) Manufacturer's literature clearly marked to show compliance of proposed 23 product with Contract Documents 24 3) Itemized comparison of original and proposed product addressing product 25 characteristics including, but not necessarily limited to: 26 a) Size 27 b) Composition or materials of construction 28 c) Weight 29 d) Electrical or mechanical requirements 30 4) Product experience 31 a) Location of past projects utilizing product 32 b) Name and telephone number of persons associated with referenced 33 projects knowledgeable concerning proposed product 34 c) Available field data and reports associated with proposed product 35 5) Samples 36 a) Provide at request of City. 37 b) Samples become the property of the City. 38 c. For construction methods: 39 1) Detailed description of proposed method 40 2) Illustration drawings 41 C. Approval or Rejection 42 1. Written approval or rejection of substitution given by the City 43 2. City reserves the right to require proposed product to comply with color and pattern 44 of specified product if necessary to secure design intent. 45 3. In the event the substitution is approved, if a reduction in cost or time results, it will 46 be documented by Change Order. 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 4. Substitution will be rejected if: 2 a. Submittal is not through the Contractor with his stamp of approval 3 b. Request is not made in accordance with this Specification Section 4 c. In the Developer’s opinion, acceptance will require substantial revision of the 5 original design 6 d. In the City’s or Developer’s opinion, substitution will not perform adequately 7 the function consistent with the design intent 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 12 A. In making request for substitution or in using an approved product, the Contractor 13 represents that the Contractor: 14 1. Has investigated proposed product, and has determined that it is adequate or 15 superior in all respects to that specified, and that it will perform function for which it 16 is intended 17 2. Will provide same guarantee for substitute item as for product specified 18 3. Will coordinate installation of accepted substitution into Work, to include building 19 modifications if necessary, making such changes as may be required for Work to be 20 complete in all respects 21 4. Waives all claims for additional costs related to substitution which subsequently 22 arise 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 EXHIBIT A 2 REQUEST FOR SUBSTITUTION FORM: 3 4 TO: 5 PROJECT: DATE: 6 We hereby submit for your consideration the following product instead of the specified item for 7 the above project: 8 SECTION PARAGRAPH SPECIFIED 9 ITEM 10 11 12 Proposed Substitution: 13 Reason for Substitution: 14 Include complete information on changes to Drawings and/or Specifications which proposed 15 substitution will require for its proper installation. 16 17 Fill in Blanks Below: 18 A. Will the undersigned contractor pay for changes to the building design, including engineering 19 and detailing costs caused by the requested substitution? 20 21 22 B. What effect does substitution have on other trades? 23 24 25 C. Differences between proposed substitution and specified item? 26 27 28 D. Differences in product cost or product delivery time? 29 30 31 E. Manufacturer's guarantees of the proposed and specified items are: 32 33 Equal Better (explain on attachment) 34 The undersigned states that the function, appearance and quality are equivalent or superior to the 35 specified item. 36 Submitted By:For Use by City 37 38 Signature Recommended Recommended 39 as noted 40 41 Firm Not recommended Received late 42 Address By 43 Date 44 Date Remarks 45 Telephone 46 47 For Use by City: 48 49 Approved Rejected 50 City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 SECTION 01 31 19 2 PRECONSTRUCTION MEETING 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 7 clarify construction contract administration procedures 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. No construction schedule required unless requested by the City. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 – General Requirements 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. Coordination 20 1. Attend preconstruction meeting. 21 2. Representatives of Contractor, subcontractors and suppliers attending meetings 22 shall be qualified and authorized to act on behalf of the entity each represents. 23 3. Meeting administered by City may be tape recorded. 24 a. If recorded, tapes will be used to prepare minutes and retained by City for 25 future reference. 26 B. Preconstruction Meeting 27 1. A preconstruction meeting will be held within 14 days after the delivery of the 28 distribution package to the City. 29 a. The meeting will be scheduled and administered by the City. 30 2. The Project Representative will preside at the meeting, prepare the notes of the 31 meeting and distribute copies of same to all participants who so request by fully 32 completing the attendance form to be circulated at the beginning of the meeting. 33 3. Attendance shall include: 34 a. Developer and Consultant 35 b. Contractor's project manager 36 c. Contractor's superintendent 37 d. Any subcontractor or supplier representatives whom the Contractor may desire 38 to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 e. Other City representatives 2 f. Others as appropriate 3 4. Preliminary Agenda may include: 4 a. Introduction of Project Personnel 5 b. General Description of Project 6 c. Status of right-of-way, utility clearances, easements or other pertinent permits 7 d. Contractor’s work plan and schedule 8 e. Contract Time 9 f. Notice to Proceed 10 g. Construction Staking 11 h. Progress Payments 12 i. Extra Work and Change Order Procedures 13 j. Field Orders 14 k. Disposal Site Letter for Waste Material 15 l. Insurance Renewals 16 m. Payroll Certification 17 n. Material Certifications and Quality Control Testing 18 o. Public Safety and Convenience 19 p. Documentation of Pre-Construction Conditions 20 q. Weekend Work Notification 21 r. Legal Holidays 22 s. Trench Safety Plans 23 t. Confined Space Entry Standards 24 u. Coordination with the City’s representative for operations of existing water 25 systems 26 v. Storm Water Pollution Prevention Plan 27 w. Coordination with other Contractors 28 x. Early Warning System 29 y. Contractor Evaluation 30 z. Special Conditions applicable to the project 31 aa. Damages Claims 32 bb. Submittal Procedures 33 cc. Substitution Procedures 34 dd. Correspondence Routing 35 ee. Record Drawings 36 ff. Temporary construction facilities 37 gg. MBE/SBE procedures 38 hh. Final Acceptance 39 ii. Final Payment 40 jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] 6 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 PART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 11 END OF SECTION 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102336 Revised August 30, 2013 1 SECTION 01 33 00 2 DAP SUBMITTALS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. General methods and requirements of submissions applicable to the following 7 Work-related submittals: 8 a. Shop Drawings 9 b. Product Data (including Standard Product List submittals) 10 c. Samples 11 d. Mock Ups 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. Coordination 24 1. Notify the City in writing, at the time of submittal, of any deviations in the 25 submittals from the requirements of the Contract Documents. 26 2. Coordination of Submittal Times 27 a. Prepare, prioritize and transmit each submittal sufficiently in advance of 28 performing the related Work or other applicable activities, or within the time 29 specified in the individual Work Sections, of the Specifications. 30 b. Contractor is responsible such that the installation will not be delayed by 31 processing times including, but not limited to: 32 a) Disapproval and resubmittal (if required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 f) Delivery 38 g) Similar sequenced activities 39 c. No extension of time will be authorized because of the Contractor's failure to 40 transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102336 Revised August 30, 2013 1 d. Make submittals promptly in accordance with approved schedule, and in such 2 sequence as to cause no delay in the Work or in the work of any other 3 contractor. 4 B. Submittal Numbering 5 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- 6 reference identification numbering system in the following manner: 7 a. Use the first 6 digits of the applicable Specification Section Number. 8 b. For the next 2 digits number use numbers 01-99 to sequentially number each 9 initial separate item or drawing submitted under each specific Section number. 10 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 11 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 12 submittal number would be as follows: 13 14 03 30 00-08-B 15 16 1) 03 30 00 is the Specification Section for Concrete 17 2) 08 is the eighth initial submittal under this Specification Section 18 3) B is the third submission (second resubmission) of that particular shop 19 drawing 20 C. Contractor Certification 21 1. Review shop drawings, product data and samples, including those by 22 subcontractors, prior to submission to determine and verify the following: 23 a. Field measurements 24 b. Field construction criteria 25 c. Catalog numbers and similar data 26 d. Conformance with the Contract Documents 27 2. Provide each shop drawing, sample and product data submitted by the Contractor 28 with a Certification Statement affixed including: 29 a. The Contractor's Company name 30 b. Signature of submittal reviewer 31 c. Certification Statement 32 1) “By this submittal, I hereby represent that I have determined and verified 33 field measurements, field construction criteria, materials, dimensions, 34 catalog numbers and similar data and I have checked and coordinated each 35 item with other applicable approved shop drawings." 36 D. Submittal Format 37 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 38 2. Bind shop drawings and product data sheets together. 39 3. Order 40 a. Cover Sheet 41 1) Description of Packet 42 2) Contractor Certification 43 b. List of items / Table of Contents 44 c. Product Data /Shop Drawings/Samples /Calculations 45 E. Submittal Content 46 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102336 Revised August 30, 2013 1 2. The Project title and number 2 3. Contractor identification 3 4. The names of: 4 a. Contractor 5 b. Supplier 6 c. Manufacturer 7 5. Identification of the product, with the Specification Section number, page and 8 paragraph(s) 9 6. Field dimensions, clearly identified as such 10 7. Relation to adjacent or critical features of the Work or materials 11 8. Applicable standards, such as ASTM or Federal Specification numbers 12 9. Identification by highlighting of deviations from Contract Documents 13 10. Identification by highlighting of revisions on resubmittals 14 11. An 8-inch x 3-inch blank space for Contractor and City stamps 15 F. Shop Drawings 16 1. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom-prepared data such as fabrication and erection/installation (working) 18 drawings 19 b. Scheduled information 20 c. Setting diagrams 21 d. Actual shopwork manufacturing instructions 22 e. Custom templates 23 f. Special wiring diagrams 24 g. Coordination drawings 25 h. Individual system or equipment inspection and test reports including: 26 1) Performance curves and certifications 27 i. As applicable to the Work 28 2. Details 29 a. Relation of the various parts to the main members and lines of the structure 30 b. Where correct fabrication of the Work depends upon field measurements 31 1) Provide such measurements and note on the drawings prior to submitting 32 for approval. 33 G. Product Data 34 1. For submittals of product data for products included on the City’s Standard Product 35 List, clearly identify each item selected for use on the Project. 36 2. For submittals of product data for products not included on the City’s Standard 37 Product List, submittal data may include, but is not necessarily limited to: 38 a. Standard prepared data for manufactured products (sometimes referred to as 39 catalog data) 40 1) Such as the manufacturer's product specification and installation 41 instructions 42 2) Availability of colors and patterns 43 3) Manufacturer's printed statements of compliances and applicability 44 4) Roughing-in diagrams and templates 45 5) Catalog cuts 46 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102336 Revised August 30, 2013 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 swatches 14 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 to 19 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 J. Submittal Distribution 28 1. Electronic Distribution 29 a. Confirm development of Project directory for electronic submittals to be 30 uploaded to City’s Buzzsaw site, or another external FTP site approved by the 31 City. 32 b. Shop Drawings 33 1) Upload submittal to designated project directory and notify appropriate 34 City representatives via email of submittal posting. 35 2) Hard Copies 36 a) 3 copies for all submittals 37 b) If Contractor requires more than 1 hard copy of Shop Drawings 38 returned, Contractor shall submit more than the number of copies listed 39 above. 40 c. Product Data 41 1) Upload submittal to designated project directory and notify appropriate 42 City representatives via email of submittal posting. 43 2) Hard Copies 44 a) 3 copies for all submittals 45 d. Samples 46 1) Distributed to the Project Representative 47 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102336 Revised August 30, 2013 1 a. Shop Drawings 2 1) Distributed to the City 3 2) Copies 4 a) 8 copies for mechanical submittals 5 b) 7 copies for all other submittals 6 c) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. 8 b. Product Data 9 1) Distributed to the City 10 2) Copies 11 a) 4 copies 12 c. Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Submit the number stated in the respective Specification Sections. 16 3. Distribute reproductions of approved shop drawings and copies of approved 17 product data and samples, where required, to the job site file and elsewhere as 18 directed by the City. 19 a. Provide number of copies as directed by the City but not exceeding the number 20 previously specified. 21 K. Submittal Review 22 1. The review of shop drawings, data and samples will be for general conformance 23 with the design concept and Contract Documents. This is not to be construed as: 24 a. Permitting any departure from the Contract requirements 25 b. Relieving the Contractor of responsibility for any errors, including details, 26 dimensions, and materials 27 c. Approving departures from details furnished by the City, except as otherwise 28 provided herein 29 2. The review and approval of shop drawings, samples or product data by the City 30 does not relieve the Contractor from his/her responsibility with regard to the 31 fulfillment of the terms of the Contract. 32 a. All risks of error and omission are assumed by the Contractor, and the City will 33 have no responsibility therefore. 34 3. The Contractor remains responsible for details and accuracy, for coordinating the 35 Work with all other associated work and trades, for selecting fabrication processes, 36 for techniques of assembly and for performing Work in a safe manner. 37 4. If the shop drawings, data or samples as submitted describe variations and show a 38 departure from the Contract requirements which City finds to be in the interest of 39 the City and to be so minor as not to involve a change in Contract Price or time for 40 performance, the City may return the reviewed drawings without noting an 41 exception. 42 5. Submittals will be returned to the Contractor under 1 of the following codes: 43 a. Code 1 44 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 45 comments on the submittal. 46 a) When returned under this code the Contractor may release the 47 equipment and/or material for manufacture. 48 b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102336 Revised August 30, 2013 1 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of 2 the notations and comments IS NOT required by the Contractor. 3 a) The Contractor may release the equipment or material for manufacture; 4 however, all notations and comments must be incorporated into the 5 final product. 6 c. Code 3 7 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is 8 assigned when notations and comments are extensive enough to require a 9 resubmittal of the package. 10 a) The Contractor may release the equipment or material for manufacture; 11 however, all notations and comments must be incorporated into the 12 final product. 13 b) This resubmittal is to address all comments, omissions and 14 non-conforming items that were noted. 15 c) Resubmittal is to be received by the City within 15 Calendar Days of 16 the date of the City's transmittal requiring the resubmittal. 17 d. Code 4 18 1) "NOT APPROVED" is assigned when the submittal does not meet the 19 intent of the Contract Documents. 20 a) The Contractor must resubmit the entire package revised to bring the 21 submittal into conformance. 22 b) It may be necessary to resubmit using a different manufacturer/vendor 23 to meet the Contract Documents. 24 6. Resubmittals 25 a. Handled in the same manner as first submittals 26 1) Corrections other than requested by the City 27 2) Marked with revision triangle or other similar method 28 a) At Contractor’s risk if not marked 29 b. Submittals for each item will be reviewed no more than twice at the City’s 30 expense. 31 1) All subsequent reviews will be performed at times convenient to the City 32 and at the Contractor's expense, based on the City's or City 33 Representative’s then prevailing rates. 34 2) Provide Contractor reimbursement to the City within 30 Calendar Days for 35 all such fees invoiced by the City. 36 c. The need for more than 1 resubmission or any other delay in obtaining City's 37 review of submittals, will not entitle the Contractor to an extension of Contract 38 Time. 39 7. Partial Submittals 40 a. City reserves the right to not review submittals deemed partial, at the City’s 41 discretion. 42 b. Submittals deemed by the City to be not complete will be returned to the 43 Contractor, and will be considered "Not Approved" until resubmitted. 44 c. The City may at its option provide a list or mark the submittal directing the 45 Contractor to the areas that are incomplete. 46 8. If the Contractor considers any correction indicated on the shop drawings to 47 constitute a change to the Contract Documents, then written notice must be 48 provided thereof to the Developer at least 7 Calendar Days prior to release for 49 manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102336 Revised August 30, 2013 1 9. When the shop drawings have been completed to the satisfaction of the City, the 2 Contractor may carry out the construction in accordance therewith and no further 3 changes therein except upon written instructions from the City. 4 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 5 following receipt of submittal by the City. 6 L. Mock ups 7 1. Mock Up units as specified in individual Sections, include, but are not necessarily 8 limited to, complete units of the standard of acceptance for that type of Work to be 9 used on the Project. Remove at the completion of the Work or when directed. 10 M. Qualifications 11 1. If specifically required in other Sections of these Specifications, submit a P.E. 12 Certification for each item required. 13 N. Request for Information (RFI) 14 1. Contractor Request for additional information 15 a. Clarification or interpretation of the contract documents 16 b. When the Contractor believes there is a conflict between Contract Documents 17 c. When the Contractor believes there is a conflict between the Drawings and 18 Specifications 19 1) Identify the conflict and request clarification 20 2. Sufficient information shall be attached to permit a written response without further 21 information. 22 23 24 25 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102336 Revised August 30, 2013 1 PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION 4 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 5 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 SECTION 01 45 23 2 TESTING AND INSPECTION SERVICES 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Testing and inspection services procedures and coordination 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 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 a. Contractor is responsible for performing, coordinating, and payment of all 17 Quality Control testing. 18 b. City is responsible for performing and payment for first set of Quality 19 Assurance testing. 20 1) If the first Quality Assurance test performed by the City fails, the 21 Contractor is responsible for payment of subsequent Quality Assurance 22 testing until a passing test occurs. 23 a) Final acceptance will not be issued by City until all required payments 24 for testing by Contractor have been paid in full. 25 1.3 REFERENCES [NOT USED] 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Testing 28 1. Complete testing in accordance with the Contract Documents. 29 2. Coordination 30 a. When testing is required to be performed by the City, notify City, sufficiently 31 in advance, when testing is needed. 32 b. When testing is required to be completed by the Contractor, notify City, 33 sufficiently in advance, that testing will be performed. 34 3. Distribution of Testing Reports 35 a. Electronic Distribution 36 1) Confirm development of Project directory for electronic submittals to be 37 uploaded to City’s Buzzsaw site, or another form of distribution approved 38 by the City. 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised August 30, 2013 1 2) Upload test reports to designated project directory and notify appropriate 2 City representatives via email of submittal posting. 3 3) Hard Copies 4 a) 1 copy for all submittals submitted to the Project Representative 5 b. Hard Copy Distribution (if required in lieu of electronic distribution) 6 1) Tests performed by City 7 a) Distribute 1 hard copy to the Contractor 8 2) Tests performed by the Contractor 9 a) Distribute 3 hard copies to City’s Project Representative 10 4. Provide City’s Project Representative with trip tickets for each delivered load of 11 Concrete or Lime material including the following information: 12 a. Name of pit 13 b. Date of delivery 14 c. Material delivered 15 B. Inspection 16 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 17 perform work in accordance with the Contract Documents. 18 1.5 SUBMITTALS [NOT USED] 19 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 20 1.7 CLOSEOUT SUBMITTALS [NOT USED] 21 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 22 1.9 QUALITY ASSURANCE [NOT USED] 23 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 24 1.11 FIELD [SITE] CONDITIONS [NOT USED] 25 1.12 WARRANTY [NOT USED] 26 PART 2 - PRODUCTS [NOT USED] 27 PART 3 - EXECUTION [NOT USED] 28 END OF SECTION 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised July 1, 2011 1 SECTION 01 55 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Administrative procedures for: 7 a. Street Use Permit 8 b. Modification of approved traffic control 9 c. Removal of Street Signs 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 3. Section 34 71 13 – Traffic Control 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 21 A. Reference Standards 22 1. Reference standards cited in this specification refer to the current reference standard 23 published at the time of the latest revision date logged at the end of this 24 specification, unless a date is specifically cited. 25 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 26 1.4 ADMINISTRATIVE REQUIREMENTS 27 A. Traffic Control 28 1. General 29 a. When traffic control plans are included in the Drawings, provide Traffic 30 Control in accordance with Drawings and Section 34 71 13. 31 b. When traffic control plans are not included in the Drawings, prepare traffic 32 control plans in accordance with Section 34 71 13 and submit to City for 33 review. 34 1) Allow minimum 10 working days for review of proposed Traffic Control. 35 B. Street Use Permit 36 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 37 a. To obtain Street Use Permit, submit Traffic Control Plans to City 38 Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised July 1, 2011 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor’s responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor’s responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 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 Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised July 1, 2011 1 SECTION 01 57 13 2 STORM WATER POLLUTION PREVENTION 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Procedures for Storm Water Pollution Prevention Plans 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 11 Contract 12 2. Division 1 – General Requirements 13 3. Section 31 25 00 – Erosion and Sediment Control 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Construction Activities resulting in less than 1 acre of disturbance 17 a. Work associated with this Item is considered subsidiary to the various Items 18 bid. No separate payment will be allowed for this Item. 19 2. Construction Activities resulting in greater than 1 acre of disturbance 20 a. Measurement and Payment shall be in accordance with Section 31 25 00. 21 1.3 REFERENCES 22 A. Abbreviations and Acronyms 23 1. Notice of Intent: NOI 24 2. Notice of Termination: NOT 25 3. Storm Water Pollution Prevention Plan: SWPPP 26 4. Texas Commission on Environmental Quality: TCEQ 27 5. Notice of Change: NOC 28 A. Reference Standards 29 1. Reference standards cited in this Specification refer to the current reference 30 standard published at the time of the latest revision date logged at the end of this 31 Specification, unless a date is specifically cited. 32 2. Integrated Storm Management (iSWM) Technical Manual for Construction 33 Controls 34 1.4 ADMINISTRATIVE REQUIREMENTS 35 A. General 36 1. Contractor is responsible for resolution and payment of any fines issued associated 37 with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised July 1, 2011 1 B. Construction Activities resulting in: 2 1. Less than 1 acre of disturbance 3 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 4 Drawings. 5 2. 1 to less than 5 acres of disturbance 6 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 7 Permit is required 8 b. Complete SWPPP in accordance with TCEQ requirements 9 1) TCEQ Small Construction Site Notice Required under general permit 10 TXR150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 13 Transportation and Public Works, Environmental Division, (817) 392- 14 6088. 15 2) Provide erosion and sediment control in accordance with: 16 a) Section 31 25 00 17 b) The Drawings 18 c) TXR150000 General Permit 19 d) SWPPP 20 e) TCEQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 23 Permit is required 24 b. Complete SWPPP in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy to City Department of Transportation and Public Works, 28 Environmental Division, (817) 392-6088. 29 2) TCEQ Notice of Change required if making changes or updates to NOI 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 31 25 00 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 e) TCEQ requirements 36 4) Once the project has been completed and all the closeout requirements of 37 TCEQ have been met a TCEQ Notice of Termination can be submitted. 38 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division, (817) 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 42 1. Submit in accordance with Section 01 33 00, except as stated herein. 43 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 44 as follows: 45 1) 1 copy to the City Project Manager 46 a) City Project Manager will forward to the City Department of 47 Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised July 1, 2011 1 B. Modified SWPPP 2 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 3 in accordance with Section 01 33 00. 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE [NOT USED] 8 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 9 1.11 FIELD [SITE] CONDITIONS [NOT USED] 10 1.12 WARRANTY [NOT USED] 11 PART 2 - PRODUCTS [NOT USED] 12 PART 3 - EXECUTION [NOT USED] 13 END OF SECTION 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 SECTION 01 60 00 2 PRODUCT REQUIREMENTS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. References for Product Requirements and City Standard Products List 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 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 13 1.3 REFERENCES [NOT USED] 14 1.4 ADMINISTRATIVE REQUIREMENTS 15 A. A list of City approved products for use is located on Buzzsaw as follows: 16 1. Resources\02 - Construction Documents\Standard Products List 17 B. Only products specifically included on City’s Standard Product List in these Contract 18 Documents shall be allowed for use on the Project. 19 1. Any subsequently approved products will only be allowed for use upon specific 20 approval by the City. 21 C. Any specific product requirements in the Contract Documents supersede similar 22 products included on the City’s Standard Product List. 23 1. The City reserves the right to not allow products to be used for certain projects even 24 though the product is listed on the City’s Standard Product List. 25 D. Although a specific product is included on City’s Standard Product List, not all 26 products from that manufacturer are approved for use, including but not limited to, that 27 manufacturer’s standard product. 28 E. See Section 01 33 00 for submittal requirements of Product Data included on City’s 29 Standard Product List. 30 1.5 SUBMITTALS [NOT USED] 31 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 32 1.7 CLOSEOUT SUBMITTALS [NOT USED] 33 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 34 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 - 2 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 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 8 01 66 00 - 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 SECTION 01 66 00 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Scheduling of product delivery 7 2. Packaging of products for delivery 8 3. Protection of products against damage from: 9 a. Handling 10 b. Exposure to elements or harsh environments 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 [NOT USED] 22 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 24 1.7 CLOSEOUT SUBMITTALS [NOT USED] 25 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 26 1.9 QUALITY ASSURANCE [NOT USED] 27 1.10 DELIVERY AND HANDLING 28 A. Delivery Requirements 29 1. Schedule delivery of products or equipment as required to allow timely installation 30 and to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. 01 66 00 - 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 2 containers designed and constructed to protect the contents from physical or 3 environmental damage. 4 5. Clearly and fully mark and identify as to manufacturer, item and installation 5 location. 6 6. Provide manufacturer's instructions for storage and handling. 7 B. Handling Requirements 8 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer’s recommendations and instructions. 10 C. Storage Requirements 11 1. Store materials in accordance with manufacturer’s recommendations and 12 requirements of these Specifications. 13 2. Make necessary provisions for safe storage of materials and equipment. 14 a. Place loose soil materials and materials to be incorporated into Work to prevent 15 damage to any part of Work or existing facilities and to maintain free access at 16 all times to all parts of Work and to utility service company installations in 17 vicinity of Work. 18 3. Keep materials and equipment neatly and compactly stored in locations that will 19 cause minimum inconvenience to other contractors, public travel, adjoining owners, 20 tenants and occupants. 21 a. Arrange storage to provide easy access for inspection. 22 4. Restrict storage to areas available on construction site for storage of material and 23 equipment as shown on Drawings, or approved by City’s Project Representative. 24 5. Provide off-site storage and protection when on-site storage is not adequate. 25 a. Provide addresses of and access to off-site storage locations for inspection by 26 City’s Project Representative. 27 6. Do not use lawns, grass plots or other private property for storage purposes without 28 written permission of owner or other person in possession or control of premises. 29 7. Store in manufacturers’ unopened containers. 30 8. Neatly, safely and compactly stack materials delivered and stored along line of 31 Work to avoid inconvenience and damage to property owners and general public 32 and maintain at least 3 feet from fire hydrant. 33 9. Keep public and private driveways and street crossings open. 34 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 35 satisfaction of City’s Project Representative. 36 a. Total length which materials may be distributed along route of construction at 37 one time is 1,000 linear feet, unless otherwise approved in writing by City’s 38 Project Representative. 01 66 00 - 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 ERECTION [NOT USED] 9 3.5 REPAIR / RESTORATION [NOT USED] 10 3.6 RE-INSTALLATION [NOT USED] 11 3.7 FIELD [OR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 14 B. Non-Conforming Work 15 1. Reject all products or equipment that are damaged, used or in any other way 16 unsatisfactory for use on the project. 17 3.8 SYSTEM STARTUP [NOT USED] 18 3.9 ADJUSTING [NOT USED] 19 3.10 CLEANING [NOT USED] 20 3.11 CLOSEOUT ACTIVITIES [NOT USED] 21 3.12 PROTECTION 22 A. Protect all products or equipment in accordance with manufacturer's written directions. 23 B. Store products or equipment in location to avoid physical damage to items while in 24 storage. 25 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 26 the manufacturer. 27 3.13 MAINTENANCE [NOT USED] 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 01 66 00 - 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 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 Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 SECTION 01 70 00 2 MOBILIZATION AND REMOBILIZATION 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Mobilization and Demobilization 7 a. Mobilization 8 1) Transportation of Contractor’s personnel, equipment, and operating supplies 9 to the Site 10 2) Establishment of necessary general facilities for the Contractor’s operation 11 at the Site 12 3) Premiums paid for performance and payment bonds 13 4) Transportation of Contractor’s personnel, equipment, and operating supplies 14 to another location within the designated Site 15 5) Relocation of necessary general facilities for the Contractor’s operation 16 from 1 location to another location on the Site. 17 b. Demobilization 18 1) Transportation of Contractor’s personnel, equipment, and operating supplies 19 away from the Site including disassembly 20 2) Site Clean-up 21 3) Removal of all buildings and/or other facilities assembled at the Site for this 22 Contract 23 c. Mobilization and Demobilization do not include activities for specific items of 24 work that are for which payment is provided elsewhere in the contract. 25 2. Remobilization 26 a. Remobilization for Suspension of Work specifically required in the Contract 27 Documents or as required by City includes: 28 1) Demobilization 29 a) Transportation of Contractor’s personnel, equipment, and operating 30 supplies from the Site including disassembly or temporarily securing 31 equipment, supplies, and other facilities as designated by the Contract 32 Documents necessary to suspend the Work. 33 b) Site Clean-up as designated in the Contract Documents 34 2) Remobilization 35 a) Transportation of Contractor’s personnel, equipment, and operating 36 supplies to the Site necessary to resume the Work. 37 b) Establishment of necessary general facilities for the Contractor’s 38 operation at the Site necessary to resume the Work. 39 3) No Payments will be made for: 40 a) Mobilization and Demobilization from one location to another on the 41 Site in the normal progress of performing the Work. 42 b) Stand-by or idle time 43 c) Lost profits 44 3. Mobilizations and Demobilization for Miscellaneous Projects 45 a. Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 1) Mobilization shall consist of the activities and cost on a Work Order basis 2 necessary for: 3 a) Transportation of Contractor’s personnel, equipment, and operating 4 supplies to the Site for the issued Work Order. 5 b) Establishment of necessary general facilities for the Contractor’s 6 operation at the Site for the issued Work Order 7 2) Demobilization shall consist of the activities and cost necessary for: 8 a) Transportation of Contractor’s personnel, equipment, and operating 9 supplies from the Site including disassembly for each issued Work 10 Order 11 b) Site Clean-up for each issued Work Order 12 c) Removal of all buildings or other facilities assembled at the Site for 13 each Work Oder 14 b. Mobilization and Demobilization do not include activities for specific items of 15 work for which payment is provided elsewhere in the contract. 16 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects 17 a. A Mobilization for Miscellaneous Projects when directed by the City and the 18 mobilization occurs within 24 hours of the issuance of the Work Order. 19 B. Deviations from this City of Fort Worth Standard Specification 20 1. None. 21 C. Related Specification Sections include, but are not necessarily limited to: 22 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 23 2. Division 1 – General Requirements 24 1.2 PRICE AND PAYMENT PROCEDURES 25 A. Measurement and Payment 26 1. Mobilization and Demobilization 27 a. Measure 28 1) This Item is considered subsidiary to the various Items bid. 29 b. Payment 30 1) The work performed and materials furnished in accordance with this Item 31 are subsidiary to the various Items bid and no other compensation will be 32 allowed. 33 2. Remobilization for suspension of Work as specifically required in the Contract 34 Documents 35 a. Measurement 36 1) Measurement for this Item shall be per each remobilization performed. 37 b. Payment 38 1) The work performed and materials furnished in accordance with this Item 39 and measured as provided under “Measurement” will be paid for at the unit 40 price per each “Specified Remobilization” in accordance with Contract 41 Documents. 42 c. The price shall include: 43 1) Demobilization as described in Section 1.1.A.2.a.1) 44 2) Remobilization as described in Section 1.1.A.2.a.2) 45 d. No payments will be made for standby, idle time, or lost profits associated this 46 Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 3. Remobilization for suspension of Work as required by City 2 a. Measurement and Payment 3 1) This shall be submitted as a Contract Claim in accordance with Article 10 4 of Section 00 72 00. 5 2) No payments will be made for standby, idle time, or lost profits associated 6 with this Item. 7 4. Mobilizations and Demobilizations for Miscellaneous Projects 8 a. Measurement 9 1) Measurement for this Item shall be for each Mobilization and 10 Demobilization required by the Contract Documents 11 b. Payment 12 1) The Work performed and materials furnished in accordance with this Item 13 and measured as provided under “Measurement” will be paid for at the unit 14 price per each “Work Order Mobilization” in accordance with Contract 15 Documents. Demobilization shall be considered subsidiary to mobilization 16 and shall not be paid for separately. 17 c. The price shall include: 18 1) Mobilization as described in Section 1.1.A.3.a.1) 19 2) Demobilization as described in Section 1.1.A.3.a.2) 20 d. No payments will be made for standby, idle time, or lost profits associated this 21 Item. 22 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects 23 a. Measurement 24 1) Measurement for this Item shall be for each Mobilization and 25 Demobilization required by the Contract Documents 26 b. Payment 27 1) The Work performed and materials furnished in accordance with this Item 28 and measured as provided under “Measurement” will be paid for at the unit 29 price per each “Work Order Emergency Mobilization” in accordance with 30 Contract Documents. Demobilization shall be considered subsidiary to 31 mobilization and shall not be paid for separately. 32 c. The price shall include 33 1) Mobilization as described in Section 1.1.A.4.a) 34 2) Demobilization as described in Section 1.1.A.3.a.2) 35 d. No payments will be made for standby, idle time, or lost profits associated this 36 Item. 37 1.3 REFERENCES [NOT USED] 38 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 39 1.5 SUBMITTALS [NOT USED] 40 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 41 1.7 CLOSEOUT SUBMITTALS [NOT USED] 42 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 43 1.9 QUALITY ASSURANCE [NOT USED] 44 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 7 01 74 23 - 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 SECTION 01 74 23 2 CLEANING 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Intermediate and final cleaning for Work not including special cleaning of closed 7 systems specified elsewhere 8 B. Deviations from this City of Fort Worth Standard Specification 9 1. None. 10 C. Related Specification Sections include, but are not necessarily limited to: 11 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 – General Requirements 13 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 14 1.2 PRICE AND PAYMENT PROCEDURES 15 A. Measurement and Payment 16 1. Work associated with this Item is considered subsidiary to the various Items bid. 17 No separate payment will be allowed for this Item. 18 1.3 REFERENCES [NOT USED] 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. Scheduling 21 1. Schedule cleaning operations so that dust and other contaminants disturbed by 22 cleaning process will not fall on newly painted surfaces. 23 2. Schedule final cleaning upon completion of Work and immediately prior to final 24 inspection. 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 STORAGE, AND HANDLING 31 A. Storage and Handling Requirements 32 1. Store cleaning products and cleaning wastes in containers specifically designed for 33 those materials. 01 74 23 - 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS 4 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 5 2.2 MATERIALS 6 A. Cleaning Agents 7 1. Compatible with surface being cleaned 8 2. New and uncontaminated 9 3. For manufactured surfaces 10 a. Material recommended by manufacturer 11 2.3 ACCESSORIES [NOT USED] 12 2.4 SOURCE QUALITY CONTROL [NOT USED] 13 PART 3 - EXECUTION 14 3.1 INSTALLERS [NOT USED] 15 3.2 EXAMINATION [NOT USED] 16 3.3 PREPARATION [NOT USED] 17 3.4 APPLICATION [NOT USED] 18 3.5 REPAIR / RESTORATION [NOT USED] 19 3.6 RE-INSTALLATION [NOT USED] 20 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 21 3.8 SYSTEM STARTUP [NOT USED] 22 3.9 ADJUSTING [NOT USED] 23 3.10 CLEANING 24 A. General 25 1. Prevent accumulation of wastes that create hazardous conditions. 26 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 27 governing authorities. 28 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 29 storm or sanitary drains or sewers. 30 4. Dispose of degradable debris at an approved solid waste disposal site. 31 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 32 alternate manner approved by City and regulatory agencies. 01 74 23 - 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 3 this project. 4 8. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work. 6 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 7 have the cleaning completed at the expense of the Contractor. 8 10. Do not burn on-site. 9 B. Intermediate Cleaning during Construction 10 1. Keep Work areas clean so as not to hinder health, safety or convenience of 11 personnel in existing facility operations. 12 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 13 3. Confine construction debris daily in strategically located container(s): 14 a. Cover to prevent blowing by wind 15 b. Store debris away from construction or operational activities 16 c. Haul from site at a minimum of once per week 17 4. Vacuum clean interior areas when ready to receive finish painting. 18 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 19 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 20 may become airborne or transported by flowing water during the storm. 21 C. Exterior (Site or Right of Way) Final Cleaning 22 1. Remove trash and debris containers from site. 23 a. Re-seed areas disturbed by location of trash and debris containers in accordance 24 with Section 32 92 13. 25 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 26 that may hinder or disrupt the flow of traffic along the roadway. 27 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 28 junction boxes and inlets. 29 4. If no longer required for maintenance of erosion facilities, and upon approval by 30 City, remove erosion control from site. 31 5. Clean signs, lights, signals, etc. 32 3.11 CLOSEOUT ACTIVITIES [NOT USED] 33 3.12 PROTECTION [NOT USED] 34 3.13 MAINTENANCE [NOT USED] 35 3.14 ATTACHMENTS [NOT USED] 36 37 38 39 40 01 74 23 - 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 END OF SECTION 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 Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 SECTION 01 77 19 2 CLOSEOUT REQUIREMENTS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. The procedure for closing out a contract 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 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. Guarantees, Bonds and Affidavits 19 1. No application for final payment will be accepted until all guarantees, bonds, 20 certificates, licenses and affidavits required for Work or equipment as specified are 21 satisfactorily filed with the City. 22 B. Release of Liens or Claims 23 1. No application for final payment will be accepted until satisfactory evidence of 24 release of liens has been submitted to the City. 25 1.5 SUBMITTALS 26 A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION [NOT USED] 7 3.3 PREPARATION [NOT USED] 8 3.4 CLOSEOUT PROCEDURE 9 A. Prior to requesting Final Inspection, submit: 10 1. Project Record Documents in accordance with Section 01 78 39 11 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 12 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 13 01 74 23. 14 C. Final Inspection 15 1. After final cleaning, provide notice to the City Project Representative that the Work 16 is completed. 17 a. The City will make an initial Final Inspection with the Contractor present. 18 b. Upon completion of this inspection, the City will notify the Contractor, in 19 writing within 10 business days, of any particulars in which this inspection 20 reveals that the Work is defective or incomplete. 21 2. Upon receiving written notice from the City, immediately undertake the Work 22 required to remedy deficiencies and complete the Work to the satisfaction of the 23 City. 24 3. Upon completion of Work associated with the items listed in the City's written 25 notice, inform the City, that the required Work has been completed. Upon receipt 26 of this notice, the City, in the presence of the Contractor, will make a subsequent 27 Final Inspection of the project. 28 4. Provide all special accessories required to place each item of equipment in full 29 operation. These special accessory items include, but are not limited to: 30 a. Specified spare parts 31 b. Adequate oil and grease as required for the first lubrication of the equipment 32 c. Initial fill up of all chemical tanks and fuel tanks 33 d. Light bulbs 34 e. Fuses 35 f. Vault keys 36 g. Handwheels 37 h. Other expendable items as required for initial start-up and operation of all 38 equipment 39 D. Notice of Project Completion 01 77 19 - 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 1. Once the City Project Representative finds the Work subsequent to Final Inspection 2 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 3 E. Supporting Documentation 4 1. Coordinate with the City Project Representative to complete the following 5 additional forms: 6 a. Final Payment Request 7 b. Statement of Contract Time 8 c. Affidavit of Payment and Release of Liens 9 d. Consent of Surety to Final Payment 10 e. Pipe Report (if required) 11 f. Contractor’s Evaluation of City 12 g. Performance Evaluation of Contractor 13 F. Letter of Final Acceptance 14 1. Upon review and acceptance of Notice of Project Completion and Supporting 15 Documentation, in accordance with General Conditions, City will issue Letter of 16 Final Acceptance and release the Final Payment Request for payment. 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 [NOT USED] 23 3.11 CLOSEOUT ACTIVITIES [NOT USED] 24 3.12 PROTECTION [NOT USED] 25 3.13 MAINTENANCE [NOT USED] 26 3.14 ATTACHMENTS [NOT USED] 27 END OF SECTION 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 Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 SECTION 01 78 23 2 OPERATION AND MAINTENANCE DATA 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Product data and related information appropriate for City's maintenance and 7 operation of products furnished under Contract 8 2. Such products may include, but are not limited to: 9 a. Traffic Controllers 10 b. Irrigation Controllers (to be operated by the City) 11 c. Butterfly Valves 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. Schedule 24 1. Submit manuals in final form to the City within 30 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INFORMATIONAL SUBMITTALS 30 A. Submittal Form 31 1. Prepare data in form of an instructional manual for use by City personnel. 32 2. Format 33 a. Size: 8 ½ inches x 11 inches 34 b. Paper 35 1) 40 pound minimum, white, for typed pages 36 2) Holes reinforced with plastic, cloth or metal 37 c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 d. Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) Reduce larger drawings and fold to size of text pages. 4 e. Provide fly-leaf for each separate product, or each piece of operating 5 equipment. 6 1) Provide typed description of product, and major component parts of 7 equipment. 8 2) Provide indexed tabs. 9 f. Cover 10 1) Identify each volume with typed or printed title "OPERATING AND 11 MAINTENANCE INSTRUCTIONS". 12 2) List: 13 a) Title of Project 14 b) Identity of separate structure as applicable 15 c) Identity of general subject matter covered in the manual 16 3. Binders 17 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 18 b. When multiple binders are used, correlate the data into related consistent 19 groupings. 20 4. If available, provide an electronic form of the O&M Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name of responsible principal, address and telephone number 24 b. A list of each product required to be included, indexed to content of the volume 25 c. List, with each product: 26 1) The name, address and telephone number of the subcontractor or installer 27 2) A list of each product required to be included, indexed to content of the 28 volume 29 3) Identify area of responsibility of each 30 4) Local source of supply for parts and replacement 31 d. Identify each product by product name and other identifying symbols as set 32 forth in Contract Documents. 33 2. Product Data 34 a. Include only those sheets which are pertinent to the specific product. 35 b. Annotate each sheet to: 36 1) Clearly identify specific product or part installed 37 2) Clearly identify data applicable to installation 38 3) Delete references to inapplicable information 39 3. Drawings 40 a. Supplement product data with drawings as necessary to clearly illustrate: 41 1) Relations of component parts of equipment and systems 42 2) Control and flow diagrams 43 b. Coordinate drawings with information in Project Record Documents to assure 44 correct illustration of completed installation. 45 c. Do not use Project Record Drawings as maintenance drawings. 46 4. Written text, as required to supplement product data for the particular installation: 47 a. Organize in consistent format under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 5. Copy of each warranty, bond and service contract issued 2 a. Provide information sheet for City personnel giving: 3 1) Proper procedures in event of failure 4 2) Instances which might affect validity of warranties or bonds 5 C. Manual for Materials and Finishes 6 1. Submit 5 copies of complete manual in final form. 7 2. Content, for architectural products, applied materials and finishes: 8 a. Manufacturer's data, giving full information on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured products 12 b. Instructions for care and maintenance 13 1) Manufacturer's recommendation for types of cleaning agents and methods 14 2) Cautions against cleaning agents and methods which are detrimental to 15 product 16 3) Recommended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: 18 a. Manufacturer's data, giving full information on products 19 1) Applicable standards 20 2) Chemical composition 21 3) Details of installation 22 b. Instructions for inspection, maintenance and repair 23 D. Manual for Equipment and Systems 24 1. Submit 5 copies of complete manual in final form. 25 2. Content, for each unit of equipment and system, as appropriate: 26 a. Description of unit and component parts 27 1) Function, normal operating characteristics and limiting conditions 28 2) Performance curves, engineering data and tests 29 3) Complete nomenclature and commercial number of replaceable parts 30 b. Operating procedures 31 1) Start-up, break-in, routine and normal operating instructions 32 2) Regulation, control, stopping, shut-down and emergency instructions 33 3) Summer and winter operating instructions 34 4) Special operating instructions 35 c. Maintenance procedures 36 1) Routine operations 37 2) Guide to "trouble shooting" 38 3) Disassembly, repair and reassembly 39 4) Alignment, adjusting and checking 40 d. Servicing and lubrication schedule 41 1) List of lubricants required 42 e. Manufacturer's printed operating and maintenance instructions 43 f. Description of sequence of operation by control manufacturer 44 1) Predicted life of parts subject to wear 45 2) Items recommended to be stocked as spare parts 46 g. As installed control diagrams by controls manufacturer 47 h. Each contractor's coordination drawings 48 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 i. Charts of valve tag numbers, with location and function of each valve 2 j. List of original manufacturer's spare parts, manufacturer's current prices, and 3 recommended quantities to be maintained in storage 4 k. Other data as required under pertinent Sections of Specifications 5 3. Content, for each electric and electronic system, as appropriate: 6 a. Description of system and component parts 7 1) Function, normal operating characteristics, and limiting conditions 8 2) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceable parts 10 b. Circuit directories of panelboards 11 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As installed color coded wiring diagrams 15 d. Operating procedures 16 1) Routine and normal operating instructions 17 2) Sequences required 18 3) Special operating instructions 19 e. Maintenance procedures 20 1) Routine operations 21 2) Guide to "trouble shooting" 22 3) Disassembly, repair and reassembly 23 4) Adjustment and checking 24 f. Manufacturer's printed operating and maintenance instructions 25 g. List of original manufacturer's spare parts, manufacturer's current prices, and 26 recommended quantities to be maintained in storage 27 h. Other data as required under pertinent Sections of Specifications 28 4. Prepare and include additional data when the need for such data becomes apparent 29 during instruction of City's personnel. 30 1.7 CLOSEOUT SUBMITTALS [NOT USED] 31 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data by personnel with the following criteria: 34 1. Trained and experienced in maintenance and operation of described products 35 2. Skilled as technical writer to the extent required to communicate essential data 36 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 2 1.11 FIELD [SITE] CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 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 8 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 SECTION 01 78 39 2 PROJECT RECORD DOCUMENTS 3 PART 1 - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: 6 1. Work associated with the documenting the project and recording changes to project 7 documents, including: 8 a. Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports 11 d. Large Water Meter Reports 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 [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 25 City’s Project Representative. 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 30 A. Accuracy of Records 31 1. Thoroughly coordinate changes within the Record Documents, making adequate 32 and proper entries on each page of Specifications and each sheet of Drawings and 33 other Documents where such entry is required to show the change properly. 34 2. Accuracy of records shall be such that future search for items shown in the Contract 35 Documents may rely reasonably on information obtained from the approved Project 36 Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 2 information that the change has occurred. 3 4. Provide factual information regarding all aspects of the Work, both concealed and 4 visible, to enable future modification of the Work to proceed without lengthy and 5 expensive site measurement, investigation and examination. 6 1.10 STORAGE AND HANDLING 7 A. Storage and Handling Requirements 8 1. Maintain the job set of Record Documents completely protected from deterioration 9 and from loss and damage until completion of the Work and transfer of all recorded 10 data to the final Project Record Documents. 11 2. In the event of loss of recorded data, use means necessary to again secure the data 12 to the City's approval. 13 a. In such case, provide replacements to the standards originally required by the 14 Contract Documents. 15 1.11 FIELD [SITE] CONDITIONS [NOT USED] 16 1.12 WARRANTY [NOT USED] 17 PART 2 - PRODUCTS 18 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A. Job set 21 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 25 the City 1 complete set of all Final Record Drawings in the Contract. 26 2.3 ACCESSORIES [NOT USED] 27 2.4 SOURCE QUALITY CONTROL [NOT USED] 28 PART 3 - EXECUTION 29 3.1 INSTALLERS [NOT USED] 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USED] 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify each of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 2. Preservation 2 a. Considering the Contract completion time, the probable number of occasions 3 upon which the job set must be taken out for new entries and for examination, 4 and the conditions under which these activities will be performed, devise a 5 suitable method for protecting the job set. 6 b. Do not use the job set for any purpose except entry of new data and for review 7 by the City, until start of transfer of data to final Project Record Documents. 8 c. Maintain the job set at the site of work. 9 3. Coordination with Construction Survey 10 a. At a minimum clearly mark any deviations from Contract Documents 11 associated with installation of the infrastructure. 12 4. Making entries on Drawings 13 a. Record any deviations from Contract Documents. 14 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 15 change by graphic line and note as required. 16 c. Date all entries. 17 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 18 e. In the event of overlapping changes, use different colors for the overlapping 19 changes. 20 5. Conversion of schematic layouts 21 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 22 ducts, and similar items, are shown schematically and are not intended to 23 portray precise physical layout. 24 1) Final physical arrangement is determined by the Contractor, subject to the 25 City's approval. 26 2) However, design of future modifications of the facility may require 27 accurate information as to the final physical layout of items which are 28 shown only schematically on the Drawings. 29 b. Show on the job set of Record Drawings, by dimension accurate to within 1 30 inch, the centerline of each run of items. 31 1) Final physical arrangement is determined by the Contractor, subject to the 32 City's approval. 33 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 34 ceiling plenum", "exposed", and the like). 35 3) Make all identification sufficiently descriptive that it may be related 36 reliably to the Specifications. 37 c. The City may waive the requirements for conversion of schematic layouts 38 where, in the City's judgment, conversion serves no useful purpose. However, 39 do not rely upon waivers being issued except as specifically issued in writing 40 by the City. 41 B. Final Project Record Documents 42 1. Transfer of data to Drawings 43 a. Carefully transfer change data shown on the job set of Record Drawings to the 44 corresponding final documents, coordinating the changes as required. 45 b. Clearly indicate at each affected detail and other Drawing a full description of 46 changes made during construction, and the actual location of items. 47 c. Call attention to each entry by drawing a "cloud" around the area or areas 48 affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH Paving, Drainage, Grading, Water and Sanitary Sewer to serve North Quarter 35 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102360 Revised April 7, 2014 1 d. Make changes neatly, consistently and with the proper media to assure 2 longevity and clear reproduction. 3 2. Transfer of data to other Documents 4 a. If the Documents, other than Drawings, have been kept clean during progress of 5 the Work, and if entries thereon have been orderly to the approval of the City, 6 the job set of those Documents, other than Drawings, will be accepted as final 7 Record Documents. 8 b. If any such Document is not so approved by the City, secure a new copy of that 9 Document from the City at the City's usual charge for reproduction and 10 handling, and carefully transfer the change data to the new copy to the approval 11 of the City. 12 3.5 REPAIR / RESTORATION [NOT USED] 13 3.6 RE-INSTALLATION [NOT USED] 14 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 15 3.8 SYSTEM STARTUP [NOT USED] 16 3.9 ADJUSTING [NOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [NOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 END OF SECTION 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 24 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GC-4.01 Availability of Lands THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GC-4.02 Subsurface and Physical Conditions THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GC-4.04 Underground Facilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GC-4.06 Hazardous Environmental Condition at Site THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GC-6.06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GC-6.09 Permits and Utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: April 12, 2019 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 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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 13 30" DI MH Ring and CoverEast Jordan Iron WorksV1432-2 and V1483 DesignsAASHTO M306-0430" Dia.11/02/10 33 05 13 30" DI MH Ring and CoverSigma CorporationMH1651FWN & MH1650230" Dia07/19/11 33 05 13 30" DI MH Ring and CoverStar Pipe ProductsMH32FTWSS-DC 30" Dia08/10/11 33 05 13 30" DI MH Ring and CoverAccucast220700 Heavy Duty with Gasket Ring30" Dia10/14/13 33 05 13 30" DI 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 13 30" DI MH Ring and Cover (Hinged & Lockable) CISIP Industries2280 (32")ASTM A 4830" Dia.08/24/17 33 05 13.01 30" DI MH Ring and Cover (Hinge & Lock) CompositeSewperCoverSCDH 3000, Std. Dbl Hinge Non-Metalic Ring and Cover w/Lock HD/FRP Composite30" Dia.* From Original Standard Products ListClick to Return to the Table of Content4Updated: 04/12/2019 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: 04/12/2019 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"*33 39 10 Manhole, Precast ConcreteForterra(formerly Gifford-Hill, Hanson )ASTM C 47848"04/26/00 33 39 10 MH, Single Offset Seal JointForterra(formerly Gifford-Hill, Hanson )Type F Dwg 35-0048-001ASTM C 47848" Diam MH09/23/96 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"* From Original Standard Products ListClick to Return to the Table of Content6Updated: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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 PipeCertain-Teed Products CorpASTM D 30344" thru 15"*33-31-20 PVC Sewer PipeNapco Manufacturing CorpASTM D 3034, D 17844" & 8"*33-31-20 PVC Sewer PipeJ-M Manufacturing Co., Inc. (JM Eagle)ASTM D 30344" - 15"12/23/97* 33-31-20 PVC Sewer PipeDiamond Plastics CorporationSDR-26 and SDR-35 ASTM F 789, ASTM D 30344" thru 15"*33-31-20 PVC Sewer PipeLamson Vylon PipeASTM F 7894" thru 15"33-31-20 PVC Sewer PipeRoyal Building ProductsRoyal Seal Solid Wall Pipe SDR 26 & 35ASTM 30344" 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)ASTM 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 CorporationPS 46 ASTM 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 303411/17/99E100-2Closed Profile PVC PipeDiamond Plastics CorporationASTM 1803/F79418" to 48"3/19/2018 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"* From Original Standard Products ListClick to Return to the Table of Content21Updated: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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"* From Original Standard Products ListClick to Return to the Table of Content30Updated: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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: 04/12/2019 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 LLD* From Original Standard Products ListClick to Return to the Table of Content34Updated: 04/12/2019 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: 04/12/2019 Approval Spec No.Classsification Manufacturer Model No.National Spec Size Storm Sewer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 11/28/18) 9/28/2018 33 05 13 Manhole Frames and Covers AccuCast (Govind Steel Company, LTD)MHRC #220605 ASTM A48 AASHTO M306 **24" Dia 9/28/2018 33 05 13 Manhole Cover Neenah Foundry NF-1274-T91 ASTM A48 AASHTO M306 32" Dia 9/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry NF-1743-LM (Hinged)ASTM A48 AASHTO M306 32" Dia 9/28/2018 33 05 13 Manhole Frame Neenah Foundry NF-1930-30 ASTM A48 AASHTO M306 32.25" Dia 9/28/2018 33 05 13 Manhole Frames and Covers Neenah Foundry R-1743-HV ASTM A48 AASHTO M306 32" Dia 4/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++2279ST ASTM A48 AASHTO M306 **24" Dia 4/3/2019 33 05 13 Manhole Frames and Covers SIP Industries ++2280ST ASTM A48 AASHTO M306 32" Dia ++ Portions of this product is not made within the United States CITY OF FORT WORTH TRANSPORTATION & PUBLIC WORKS DEPARTMENT STORMWATER MANAGEMENT DIVISION STANDARD PRODUCT LIST **Note: All new development and new installation mahnole lids shall meet the minimum 30-inch opening requirement as specified in City Specification 33 05 13. Any smaller opening sizes will only be allowed for existing manholes that require replacement frames and covers. Updated: 04/03/2019 * From Original Standard Products List Click to Return to the Table of Content 1