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Home My WebLink AboutContract 54004-PM1PROJECT MANUAL FOR THE CONSTRUCTION OF Sewer and Street Lighting Improvements to Serve Residence Inn Waterside City Project No. 102286 FID No. 30114-0200431-102286-E07685 Betsy Price David Cooke Mayor City Manager Chris Harder Director, Water Department William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2020 Kimley-Horn & Associates 801 Chery Street, Suite 1300 Fort Worth, TX 76102 817-335-6511 CSC No. 54004-PM1 00 00 10- 1 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 1 of 5 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102286 Revised August 21, 2018 1 SECTION 00 00 10 2 TABLE OF CONTENTS 3 DEVELOPER AWARDED PROJECTS 4 5 Division 00 - General Conditions 6 00 11 13 Invitation to Bidders 7 00 21 13 Instructions to Bidders 8 00 41 00 Bid Form 9 00 42 43 Proposal Form Unit Price 10 00 43 13 Bid Bond 11 00 45 11 Bidders Prequalification’s 12 00 45 12 Prequalification Statement 13 00 45 13 Bidder Prequalification Application 14 00 45 26 Contractor Compliance with Workers' Compensation Law 15 00 45 40 Minority Business Enterprise Goal 16 00 52 43 Agreement 17 00 61 25 Certificate of Insurance 18 00 62 13 Performance Bond 19 00 62 14 Payment Bond 20 00 62 19 Maintenance Bond 21 00 72 00 General Conditions 22 00 73 00 Supplementary Conditions 23 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded 24 Projects 25 26 Division 01 - General Requirements 27 01 11 00 Summary of Work 28 01 25 00 Substitution Procedures 29 01 31 19 Preconstruction Meeting 30 01 31 20 Project Meetings 31 01 32 16 Construction Progress Schedule 32 01 32 33 Preconstruction Video 33 01 33 00 Submittals 34 01 35 13 Special Project Procedures 35 01 45 23 Testing and Inspection Services 36 01 50 00 Temporary Facilities and Controls 37 01 55 26 Street Use Permit and Modifications to Traffic Control 38 01 57 13 Storm Water Pollution Prevention Plan 39 01 58 13 Temporary Project Signage 40 01 60 00 Product Requirements 41 01 66 00 Product Storage and Handling Requirements 42 01 70 00 Mobilization and Remobilization 43 01 71 23 Construction Staking 44 01 74 23 Cleaning 45 01 77 19 Closeout Requirements 46 01 78 23 Operation and Maintenance Data 47 01 78 39 Project Record Documents 48 Technical Specifications which have been modified by the Engineer specifically for this 49 Project; hard copies are included in the Project’s Contract Documents 00 00 10- 2 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 5 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102286 Revised August 21, 2018 1 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 31 23 16 Unclassified Excavation 00 00 10- 3 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 5 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102286 Revised August 21, 2018 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 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 33 05 26 Utility Markers/Locators 00 00 10- 4 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 4 of 5 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102286 Revised August 21, 2018 1 33 05 30 Exploratory Excavation for Existing Utilities 2 33 11 10 Ductile Iron Pipe 3 33 11 11 Ductile 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 (PVC) 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 41 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 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 Appendix 49 GC-4.01 Availability of Lands 50 GC-4.02 Subsurface and Physical Conditions 00 00 10- 5 TABLE OF CONTENTS FOR DEVELOPER AWARDED PROJECTS Page 5 of 5 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102286 Revised August 21, 2018 1 GC-4.04 Underground Facilities 2 GC-4.06 Hazardous Environmental Condition at Site 3 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 4 GC-6.07 Wage Rates 5 GC-6.09 Permits and Utilities 6 GC-6.24 Nondiscrimination 7 GR-01 60 00 Product Requirements 8 9 END OF SECTION 0141,3 QFP -917 pRCPOSAL Foot.1 .11 $ECTIOH 00 42 43 DavaloperAw+arded f'rejeete- PROPOSAL FORM UNIT PRICE BID Bidder's Application Pralacl ]:em Infannmon Bi4drr'r pmpasal 81dtIA item: NO Dvscnpbon SPre iLe. ion R«don Vu, Inlla� Llcme c Did �uonliq• Unu Prig D1d 'atu ONT V: STflCE7Ll tIT IMF'R ov chmEwT 6%.3015 2' Con di PUC S C H 00 tT 26 05 33 LF 10 514.00 S140.00 2 3441,1407 NO 4 In<_uLded Elec Candr :34 4' 1 D LF 10 53.00 $307 3 3,141,1414 NO Bare c`lec :,Wdr 13441 20 EA 1G $1 5D 51500: 4 '3441A740 RJy hym FoundaWn 7 e la 11441 10 EA 1 57.S13.13 57.91b.13, TOTAL LINIT V: SML-Er VOMT IMPROVCf4EW3 73 HARD CONSTRUCTION COSTS: UNIT V STREET LIGHT IMRROVEMSSTS 3S.O98.13 BIC) TOTAL: 091j.i3 M M ARY Amount inciad9d In CFA; Day alee0r Prlvato i rainagp C rlyft Arno Lint Cos! Shared 6v City and Developer. Canr rrNer ngrrcn I comply to 1VORk fm RNAL.►CCLRT.% YCF. wllbi. .1 anr16.3 days.rlrr Ilre d'de"I o. Ibr CONT WLCT rema,rnrcp to ron ar prclvalyd in 14e Grncral Cmldiriwrl< .• FdYl1 OF ACTION Canlmrrar H&Mt Hrao GlFn neat fne 51�Ixurc 1>♦ a Z.D L CITY OP FORV.VCF 7H 3TA HDAI1b Gg113TIMgrlOr/ 3Pf MrIrA11CY DrLur--rM . 01WEI.OP S R AWOM EO Pn6JF!CT5 form VmNnn 5ep1ambr1 1. 7nM 0642 43 0d Rom.1 DAP Omn 0045U-I BIDDERS PREQUALIFICATIONS Page I of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 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. 10 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 Tile prequalification process will establish a bid limit based on a technical evaluation and financial analysis of the contractor. The information must be submitted seven (7) days prior to the date of the opening of bids. For example, a contractor wishing to submit bids on projects to be opened on the 7th of April must file the information by the 31 st day of March in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's Prequalification Application, the following must accompany the submission. a. A complete set of audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements, if any b. A certified copy of the firm's organizational documents (Corporate Charter, Articles of Incorporation, Articles of Organization, Certificate of Formation, LLC Regulations, Certificate of Limited Partnership Agreement). c. A completed Bidder Prequalification Application. (1) The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx_usltaxpermitl and fill out the application to apply for your Texas tax ID. (2) The firm's e-mail address and fax number. (3) The firm's DUNS number as issued by Dun & Bradstreet. This number is used by the City for required reporting on Federal Aid projects. The DUNS number may be obtained at.www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 2. Prequalification Requirements a. Financial Statements. Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Street Lighting Improvements to Serve Residence hm Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102286 Revised April 2, 2014 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 46 47 48 49 50 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 (2) To be satisfactory, the financial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. (3) The accounting firm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. (4) Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. (5) The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on file with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital = current assets — current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will he considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. b. Bidder Pregualicalion Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 3. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend, or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Street Lighting hnprovenrenis to Serre Residence Inn {i"aferside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102286 Revised April 2, 2014 C045 11 .3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. if a contractor has a valid prequalification letter, the contractor mrill be eligible to bid the prequalified work types until the expiration date stated in the letter. 8 END OF SECTION CITY OF FORT WORTH Snmef Ligkling 1nka oremenfs in Sene Residence /our JI'vierside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102286 Revised Ap-l! 2, 2014 -4312 DAP P RE QU A I ,IFICATIO A' STA TEMEM Paw I o r 1 SECTION QO 4512 DAP — PREQUALIF[CATION STATEMENT Each Bidder is required to complete the information below by identiting the prequalified contractors and/or subcontractors wham they intend to utilize for the majcr work type(s) listed, In the "Major Work Type" bnx providc.Me complete major work type and actual description{ as provided by flit /dater Dez>anrnent for water and sewer and TPW foi pavine Major Work Type Contractor/Subcontractor Company Name Prequalifcation _& iLration Date Roadwav and Pedestrian Bean Electrical, Inc 3? 17/202 t Lighting The undersigned hereby certifies that the contractors and/or 5ubcontractora described in the table above are currently proqualiticd for the work types listed. L110101A'ILA Bear: Electrical. 111C 821 L Lr.on Evern.lit_ Tex:r 7614U If BY: Rt EE Hcaff ' (Signature) TITLE: President DATE; ?,1 21'21420 END OF SECTION CITY W :ORT N10R5h STANDARD CON STRULDDN PREOUALiFICATIO4 STATEMENT —DEVELOPER A WARM PROJECTS as S5 1:_Pregp�l•flwTian St47snwn:7615„CA'.doee Form Yen to n Svpternyer ;, 2015 2 3 4 5 6 7 8 9 10 12 l3 Id 15 16 17 18 19 20 21 22 23 24 ?5 26 i? .28 29 30 31 32 33 34 35 36 37 38 10 004526- I CONTRACTOR COMPLIANCEWITI•t WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 405.096(a), as amended; Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102286 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it wi 11 provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR - Dean Electrical, Inc Company 921 E Enon Address r� �f By: Ray eas lI f Pri r Si enatu:;c• - Everman. Tcxa9 76140 Title: President CitylStatetZip (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANNT § BUORE ME, the undersigned authority, on this day personally appeared r , . L 1�• .. LL , known to me to be the person whose name is subse-dWd to the foregoing instrUment, and acknowledged to me that helshe executed the same as the act and deed of 1';,- C.I,I .I L.� .ru ( Tl,,, for the purposes and consideration thmain expressed and in the capacity therein stated. GIVEN UNDER M Y HAND ANU SEAL OF OFFICE this (tl r �` day of Notai3;' Nblic*and for the State of Texas END OF SECTION Crr'Y OF FORT'NORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCLIM ENTS /02 84- Revised Apnl 2, _{I14 C 00 52 43 - 1 Developer Alvardcd Project Agreement Page I of 4 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 3li zOety is made by and between the Developer, 4 FortWorth Lodging Associates, LLC authorized to do business in Texas ("Developer") , and 5 Bean Electrical, Inc , authorized to do 6 business in Texas, acting by and through its duly authorized representative. ("Contractor") 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the I 1 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 Street Lighting I?Wroverrrents to Serve Residence Inn Waterside 16 City fin ect Number: 102286 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within ( 45 ; calendar days 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 34 pay Developer N/A Dollars ($�DA for each day that expires after the time specified in 35 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. 36 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102286 Revised June 16, 2016 005243-2 Developer Awarded Project Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the 39 Contract Documents an amount in current funds of _Eight Thousand Ninety Eight and thirteen 40 cents Dollars ($_8,098.13 ). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 3) State and Federal documents (project specific) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 g. Worker's Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects. 60 4. Supplementary Conditions. 61 5. Specifications specifically ntade a part of the Cuulract Documents by allachluent 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS 102286 Revised June 16, 2016 0as243•3 Developer Awarded Project Agreement Page 3 afA 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, From and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 8o under this contract. This lgdemnificali2a iprovision is specifically igtendedjq overale Rt and be effective even if it is alleged or uroveu chat all or some of the datnaaes beine 82 sought ware eauFed in ►vhnte or in ajrt,.b anv aot omission or negligence of the ci 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense. 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemniiicaiion 92 provision is specifically intended to operate and. be effective even if it is alle ed or 93 Proven that all or some of the do ranges being sought were caused, in ►vhnle or in part, 94 by any act, emission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terns. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.: Assignment of Contract. 101 This Agreement, including all of the Cdn[racE Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer: 103 7.1 Successors and Assigns. 104 Developer and Contractor each hinds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7A Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant Counly Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF rtiRT WORTH SAreet Lighting lmprevanen[s to Serve Residence [tin Watersid_ STANDARD CONSTRUCTION SPECIPICATTON DOCUMENTS— DUEL.OPER AWARDED PRDJECT-9 102386 Revised kne I6, 2016 116 117 7.6 Authority to Sign. ll8 114 120 121 122 123 124 125 GO 52 43. 4 Developer Awarded Project Agreeinew Page 4 of d Contractor shall attach evidence of authority to sigi Agreement, if other than dilly authorized signatory of the Contractor - IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This agreement is effective as of the last date signed by the Parues ("Effective Date"). r Contractor: Be I Electrigfl , Inc Developer, FortWorth Lodging Associates, LLC �- l� _Zl/7 B (Signature) a, (Si nature) Roy I, Bean 11 (Printed Name) Title: President Company Name: Bean Electrical, Inc Address: 821 E Enon City?StatejZip: Evurnan,,Texas 76140^ 1316 A 0w Dal 126 QUDt M ►r7 (Printed Name) Company name: Fort Worth Lodging Associates, LLC Address' 4601 Frew St. Suite 400 CitvlStataizi : Madison, WI 53705 a, z0zo Date CITY OF FORT WORTH Succt Lighting Improvements Lo Servc Rceidcrce Inn Mterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVEMM AWARDED PROJECTS 162286 Revised June 16, 2016 4M 00 42 43 DAP - BID PROPOSAL Page 1 of 1 1 0241.2012 Remove 6" Sewer Line 02 41 14 LF 12 $366.00 $4,392.00 2 3201.0616 Conc Pvmt Repair, Arterial/Industrial 32 01 29 SY 6 $1,595.00 $9,570.00 3 3305.0109 Trench Safety 33 05 10 LF 12 $628.00 $7,536.00 4 3331.4115 8" Sewer Pipe 33 11 10, 33 31 12, 33 31 20 LF 12 $1,020.00 $12,240.00 5 3471.0001 Traffic Control 34 71 13 LS 1 $2,350.00 $2,350.00 6 9999.0001 Connect to Existing Manhole 00 00 00 EA 1 $2,217.00 $2,217.00 $38,305.00 1 2605.3015 2" Condt PVC SCH 80 (T)26 05 33 LF 10 $14.00 $140.00 2 3441.1407 NO 4 Insulated Elec Condr 34 41 10 LF 10 $3.00 $30.00 3 3441.1414 NO 8 Bare Elec Condr 34 41 10 LF 10 $1.50 $15.00 4 3441.3302 Rdwy Illum Foundation TY 3,5,6, and 8 34 41 20 EA 1 $7,913.13 $7,913.13 $8,098.13 $38,305.00 $8,098.13 $46,403.13 3 END OF SECTION Contractor Name Signature Date CONTRACT commences to run as provided in the General Conditions. UNIT V: STREET LIGHT IMPROVEMENTS TOTAL UNIT V: STREET LIGHT IMPROVEMENTS HARD CONSTRUCTION COSTS: UNIT V: STREET LIGHT IMPROVEMENTS Amount included in CFA: Developer Private Drainage Credit: Amount Cost Shared by City and Developer: Contractor agrees to complete WORK for FINAL ACCEPTANCE within working days after the date when the BID TOTAL: SUMMARY TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS UNIT PRICE BID Bidder's Application Specification Section No.Unit of Measure Bidlist Item No. Bidder's Proposal Description SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bid Quantity Unit Price Bid Value Project Item Information CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version September 1, 2015 Copy of 00 42 43_Bid Proposal_DAP.xlsm 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102286 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 Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102286 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 Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102286 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 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT – DEVELOPER AWARDED PROJECTS 00 45 12_Prequalification Statement 2015_DAP.docx Form Version September 1, 2015 SECTION 00 45 12 DAP – PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the “Major Work Type” box provide the complete major work type and actual description as provided by the Water Department for water and sewer and TPW for paving. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Sanitary Sewer Improvements Rumsey Construction 4/30/21 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Rumsey Construction 4329 Reeder Dr.Carrollton, TX 75201 BY: Corey Caughron _________________________________________ (Signature) TITLE: V.P. DATE: 4/29/20 END OF SECTION 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 00 45 26 - I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102286 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Rumsey Construction, LLC Company 4329 Reeder Dr. Address Carrollton, TX 75201 City/State/Zip THE STATE OF TEXAS § COUNTY OF TAR -RANT § By: Corey Caughron (Please Print) Signature: Title: V.P. (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared 'o�c l CAUL qgQ Ll , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of QutyySE�I (ANC„, �_ for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 77-:0D day of 1 202o SARAH PEREZ Notary Public, State of Texas Comm. Expires 11-21-2020 Notary ID 126730867 Notary Public in and for the State of Texas OF SECTION CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102286 Revised April 2, 2014 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102286 Revised June 16, 2016 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on ______________is made by and between the Developer, 4 (___________________________________________________________________), authorized 5 to do business in Texas (“Developer”) , and 6 ______________________________________________________________, authorized to do 7 business in Texas, acting by and through its duly authorized representative, (“Contractor”). 8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2. PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Sewer and Street Lighting Improvements to Serve Residence Inn Waterside 17 City Project Number: 102286 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within {_____} calendar days after the 24 date when the Contract Time commences to run as provided in Paragraph 12.04 of the 25 Standard City Conditions of the Construction Contract for Developer Awarded Projects. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that Developer 28 will suffer financial loss if the Work is not completed within the times specified in 29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 30 the Standard City Conditions of the Construction Contract for Developer Awarded 31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 33 completed on time. Accordingly, instead of requiring any such proof, Contractor agrees 34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 35 Developer <Insert amount in written words> Dollars ($X,XXX.XX) for each day that 36 expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues 37 the Final Letter of Acceptance. 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102286 Revised June 16, 2016 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of __________________________________Dollars 41 ($___________________). 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided by Developer) 49 1) Proposal Form (DAP Version) 50 2) Prequalification Statement 51 3) State and Federal documents (project specific) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker’s Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project’s Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS 102286 Revised June 16, 2016 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city, its officers, servants and employees, from and against any and all loss, damage 90 or destruction of property of the city, arising out of, or alleged to arise out of, the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by any act, omission or negligence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. 117 118 119 120 121 122 123 124 125 126 127 00 52 43 - 4 Developer Awarded Project Agreement Page 4 of 4 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date") Contractor: Developer: B B tiurej (Signat ) i Corey Caughron _ Judith P. Raymond (Printed Name) (Printed Name) Title: V.P. Title: President and CEO Company Name: Rumsey Construction Company name: Fort Worth Waterside Lodging Associates, LLC Address: 4329 Reeder Dr Address: 4601 Frey St, Suite 400 City/State/Zip: Carrollton, TX 75201 City/State/Zip: Madison, WI 53705 4/29/20 5/8/20 Date Date CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS 102286 Revised June 16,2016 =<84/Eo;B9.1>%@.F$ "$"$F $F&)F F FF F @PReoK[J\_eKYK[foY\JRLUKeoR[eg_G[IKo]`\hUJKJog[JK`ofPKo L\XX\jR[O&o /<991>/4,8o 21:1>,8o84,.485Ao/<C1>,21o=,>@o =><0B/@?/<9=81@10o<=1>,@4<;?o84,.484@Eo/<C1>-21o=,>@o %-+B6<;F 67o(3<FAF;F;AD>-,F ReoGYK[JKJof\ R[IXgJKoGeoG[oGJJQfR\[GXoR[eg_KJo fPKo]K_e\[eo \_ \`OG[RmGfR\[eo eP\j[oR[o fPKo ?IPKJgXKo Hgfo \[Xl jRfPo `Ke]KIfo f\o XRGHRXRflo L\_o H\JRXlo R[Vgdo \_ ]`\]Kbflo JGYGOKo IGgeKJ oR[ojP\XKo\`oR[o]Gcf oHl l\g`o j\`Wo Gfo fPKo X\IGfR\[o JKeRO[GfKJo G[J JKeI`RHKJoR[o fPKo ?IPKJgXKo \Lo fPReo K[J\_eKYK[f ]KaL\_YKJoL\`o fPGfoGJJRfR\[GXoR[eg_KJoG[JoR[IXgJKJ R[ofPKo]`\JgIfeI\Y]XKfKJo\]K_GfR\[eoPGmG`J 3\jKhK`' @PKo R[eg`G[IKo GLL\_JKJo f\o egIPo GJJRfR\[GX R[eg_KJo\[Xlo G]]XQKeof\o fPKoKkfK[fo ]KaYRffKJoHl XGj)oG[J 4LoI\hK_GOKo]_\hRJKJof\ofPKoGJJRfR\[GXoR[eg_KJoRe `K^gR_KJo Hlo Go I\[faGIfo \_o GO_KKYK[fo fPK R[eg`G[IKo GLM\`JKJo f\oegIPoGJJRfR\[GXo R[eg`KJ jRXXo [\fo HKo H`\GJKao fPG[o fPGfo jPRIPo l\go G`K aK^gR_KJo Hlo fPKo I\[faGIfo \ao GO`KKYK[fo f\ ]`\hUJKoN\`oegIPoGJJRfR\[GXoR[eg_KJ DRfPo`Ke]KIfof\o fPKo R[eg`G[IKoGLL\_JKJo f\o fPKeK GJJRfR\[GXo R[eg`KJeo fPKo L\XX\jR[Oo Reo GJJKJo f\ %-+B7<;F 6:6CAF".F;AD>*;+- 4Lo I\hK_GOKo ]_\iRJKJo f\o fPKo GJJRfR\[GXoR[eg`KJoRe `K^gR`KJoHloGoI\[f_GIfo\`oGO`KKYK[fofPKo Z\efojK jRXXo ]Glo\[o HKPGXLo\Lo fPKo GJJRfR\[GXoR[eg_KJoReofPK GY\g[fo\LoR[eg`G[IK( >K^gRaKJoHlofPKoI\[f`GIfo\`oGO`KKYK[f*o\_ ,hGSXGHXKo g[JK`o fPKo G]]XRIGHXKo 8RZRfeo \L 4[eg`G[IKo eP\j[oR[ofPKo0KIXG`GfR\[e+ jPRIPKhK_oReoXKeeo @PReoK[J\_eKYK[foePGXXo[\foR[I_KGeKofPKoG]]XRIGHXKo 8RYRfeo\Lo4[eg`G[IKoeP\j[oR[ofPKo0KIXG_GfR\[eo %'F !*:-F"/F,,4B6<;*9F;AD>-,F#->A<;AF "?F"?1*;5E*B8<;AF ,XXo ]K`e\[eo\_o\_OG[RmGfR\[eojRfPojP\Yol\goPGhKo K[fK_KJoR[f\oGoj`RffK[oI\[f_GIfo\_oGO_KKYK[fo ]`R\`of\oG[o \IIg_`K[IKo\_o\LLK[eK of\o]`\iRJKo GJJRfR\[GXoR[eg_KJo efGfgeo <+*B6<;F;,F -A+>6=B7<;F".F <:=9-B-,F"=-@*C6<;AF ,XXoX\IGfR\[eoGeo`K^gR_KJoHloGoj`RffK[oI\[faGIfo\_o GO_KKYK[foK[fK`KJoR[f\o]_R\`of\oG[o \IIg_`K[IKo\`o \LMK[eKo 4[L\`YGfR\[o`K^gR`KJof\oI\Y]XKfKofPReo?IPKJgXKoRLo[\foeP\j[oGH\hKo jTXXoHKoeP\j[oR[ofPKo0KIXG`GfR\[eo FF F F no4[eg_G[IKo?KahRIKeo<LMRIKo4[Ioo #*2-F F <0F F YXUOJa W^VILZ<\I3c;.68.;--3- = = = == = ]pq hghh gqizh qdfh zghg gh ph i}}qo= JXVVLZJOHU MLWLZHU UOHIPUO\a JX_LZHML YHZ\ %"9,32=RS +3= 8= 2= 28:5%$=q dhghg qf}gh d d dggqqd} qhg ph h odqdq p q ph [fphg}h e } qp hhf }qdeq}q i egq} q{ h gddoh hd} dg dghqqo q{ fdhg q p}h q d e= b df qq> 4 \ph df qq i ph dfqo ehpd}i? q ph hldfh i oro hdq k ph dggqqd} qhg d ph ~fdq ghqodhg deh) Nhh@ 0 \ph qdfh diighg fp dggqqd} uhg } d}qh ph hh hqhg e dD dg 4! 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Any "occurrence" which takes place after you cease to be a tenant in that premises or to lease that land; b. Structural alterations, new construction or demolition operations performed by or on behalf of that manager or lessor; or c. Any premises for which coverage is excluded by endorsement. 3. Mortgagees, Assignees or Receivers: Any person(s) or organization(s) with respect to their liability as mortgagee, assignee or receiver and arising out of your ownership, maintenance or use of the premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or on behalf of such person(s) or organization(s). 4. Owners, Lessees or Contractors: Any person(s) or organization(s) to whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, in the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by the written agreement, and then only for the period of time required by the written agreement and only for liability caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of your "employees", your agents, or your subcontractors, There is no coverage for the additional insured for liability arising out of the sole negligence of the additional insured or those acting on behalf of the additional insured, except as provided below. If the written agreement obligates you to procure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insured shall conform to the agreement, but only if the applicable law would allow you to indemnify the additional insured for liability arising out the additional insured's sole negligence. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, 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 injury", involved the rendering of or failure to render any professional services. 5. Architects, Engineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In connection with your premises; or b. In the performance of your ongoing operations. This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by or for you, including: LC 20 58 11 18 O 2018 Liberty Mutual Insurance Page 2 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, 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 injury", involved the rendering of or failure to render any professional services by or for you. 6. Any Person or Organization Other Than a Joint Venture: Any person(s) or organization(s) (other than a joint venture of which you are a member) for whom you are obligated to procure additional insured coverage, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your act(s) or omission(s) or the act(s) or omission(s) of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with premises owned by or rented to you. This insurance does not apply to: a. Any person(s) or organization(s) more specifically covered in Paragraphs 1. through 5. above; b. Any construction, renovation, demolition or installation operations performed by or on behalf of you, or those operating on your behalf; or c. Any person(s) or organization(s) whose profession, business or occupation is that of an architect, surveyor or engineer with respect to liability arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving or failing to prepare or approve, maps, drawings, opinions, reports, surveys, field orders, change orders, designs and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or failure to render any professional services by or on behalf of you, or those operating on your behalf. The insurance afforded to any person(s) or organization(s) as an insured under this Item 1.: 1. Applies to the extent permitted by law; 2. Applies only to the scope of coverage and the minimum limits of insurance required by the written agreement, but in no event exceeds either the scope of coverage or the limits of insurance provided by this Policy; 3. Does not apply to any person(s) or organization(s) for any "bodily injury", "property damage" or "personal and advertising injury" if any other additional insured endorsement attached to this Policy applies to such person(s) or organization(s) with regard to the "bodily injury", "property damage" or "personal and advertising injury'; 4. Applies only if the "bodily injury" or "property damage" occurs, or the offense giving rise to the "personal and advertising injury" is committed, subsequent to the execution of the written agreement; and 5. Applies only if the written agreement is in effect at the time the "bodily injury" or "property damage" occurs, or at the time the offense giving rise to the "personal and advertising injury" is committed. LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 3 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 2. Blanket Additional Insured Grantor Of Permits Paragraph 2. of Section II — Who Is An Insured is amended to add the following: Any state, municipality or political subdivision that has issued you a permit in connection with any operations performed by you or on your behalf, or in connection with premises you own, rent or control, and to which this insurance applies, but only to the extent that you are required to provide additional insured status to the state, municipality or political subdivision as a condition of receiving and maintaining the permit. Such state, municipality or political subdivision that has issued you a permit is an insured only with respect to their liability as grantor of such permit to you. However, with respect to the state, municipality or political subdivision: 1. Coverage will be no broader than required; and 2. Limits of insurance will not exceed the minimum limits of insurance required as a condition for receiving or maintaining the permit; but neither the scope of coverage nor the limits of insurance will exceed those provided by this Policy. This insurance does not apply to: 1. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state, municipality or political subdivision; 2. Any "bodily injury" or "property damage" included within the "products -completed operations hazard", except when required by written agreement initiated prior to loss; or 3. 'Bodily injury", "property damage" or "personal and advertising injury", unless negligently caused, in whole or in part, by you or those acting on your behalf. Item 3. Other Insurance Amendment If you are obligated under a written agreement to provide liability insurance on a primary, excess, contingent, or any other basis for any person(s) or organization(s) that qualifies as an additional insured on this Policy, this Policy will apply solely on the basis required by such written agreement and Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will not apply. Where the applicable written agreement does not specify on what basis the liability insurance will apply, the provisions of Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions will apply. However, this insurance is excess over any other insurance available to the additional insured for which it is also covered as an additional insured for the same 'occurrence", claim or "suit". LC 20 58 11 18 © 2018 Liberty Mutual Insurance Page 4 of 4 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 0KHB9^`,YI7;N`2 5 ` %TTY;:`7^`)@7;NW^`+YUY6H`#@N;`&JTYN6J8;`!K ` 6+,5]'1%245'0'16]$+"1)'5]6+']32/,$:] 3/'"5']4'"%],6]$"4'(7//:] $200'4$,"/]*'1'4"/]/,"#,/,6:]'1+"1$'0'16](24]$2164"$6245] 2?AT`;J:KNT;I;JU`IK:@<@;T`@JTYN6J8;`MNKZA:;:`YJ:;N`U?;`=HHK[BJ>` !-++"1!&)`$","1)`*& &)&3`!.4"1$"`012` &J:;\`K<`IK:@<A;:`AU;IT`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`;]K<`5@>UGML]'`$MY@P;E@] "] #M?GI\] ,LHXR]"L?] 3PMN@PW] %;K;E@]/G;<GIGW]AT`N;MH68;:`7^` U?;` <KHHK[@J>` ;'[N@>U@?]2P],LU@L?@?],LHXP\ K:@H^`@JFYP^`KN`MNKM;PX`:6I6>;`;\M;8U;:`KO`@JU;J:;:`<NKI`U?;`TU6J:MK@JU`K<`U?;`@JTYP;:`2?@T`;]9HYT@KJ :K;T`JKU`6MMH^`UK`7K:CH^`@JGYP^`KN`MNKM;PU^`:6I6>;`N;TYHU@J>`<NKI`U?;`YT;`K<`N;6TKJ67H;`<KN8;`UL`MNKU;8U M;NTKJT`KN`MNKM;R^ ,U@J]] 1ML2ZL@?]9;U@P>P;D]'[U@LTGML] 06N6>N6M?`]K<`"\8HYTAKJ`E]K<`5@>UGML](` $MY@P;E@]"]#M?GI\],LHXP\]"L?]3PMN@QW]%;K;E@]/G;=GIGW]DT` N;MH68;:`7^`U?;`<KHHK[AJ>` `[6U;N8N6<V`^KY`:K`JKU`K[J`U?6V`@T );TT`U?6J``<;;U`HKJ>`6J: ,KU`7;@J>`YT;:`UK`86NQ_`M;NTKJT`KN`MNKM;S`<KN`6`8?6N>; ,U@J] ]%;J;E@]6M]3P@JGT@T]4@LU@?]6M]:MX] '[N;L?@?]$MY@P;E@ "2?;` <DJ6H`M6N6>N6M?`K<`] '[>IXTGMLT]K<`5@>VGML]'` $MY@P;E@]"] #M?GI\] ,LHXP\]"L?]3PMN@PW]&;K;E@ /G;<GIGU\]AT`N;MH68;:`7^`U?;`<KHHK[EJ> 78 8 +1682/3#8 %-2)&8 8 8'8 8 &"2.8'(5)08$0*#8'8&-3*&8 ,-88 &84180-8()$ --!'&8 Exclusionsc. through n, do not apply to damage by fire, lightning or explosion or subsequentdamages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described inSection III — Limits Of Insurance. B. Paragraph 6. of Section III —Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage Afor damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion or subsequent damages resultingfrom such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You Limit is the greater of: a. $300,000: or b. The Damage To Premises Rented To You Limit shown on the Declarations. C. Paragraph 9.a. of the definition of "insured contract" irSection V — Definitions is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion or subsequent damages resulting from such fire, lightning or explosion including water damage to premises while rented to you or temporarily occupied by you with permission dhe owner is not an "insured contract' D. The paragraph immediatelyfollowing Paragraph (6) of Exclusion j. of Section 1— Coverage A— Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire, lightning or explosion or subsequent damages resulting from such fire, lightning or explosion including water damage) to premises, including the contents of such premises, rented to you for a period of seven or fewer consecutive days. A separate limitof insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Item 4. Bodily Injury To Co -Employees A. Paragraph 2. of Section 11— Who Is An Insured is amended to include: Each of the following is also an insured: Your "employees" (other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liabilitycompany) or your managers (if you are a limited liabilitycompany)) or "volunteer workers"are insuredswhilein the course of their employmentor whileperforming dutiesrelated to the conduct of your business with respect to "bodily injury": (1) To you; (2) To your partners or members (if you are a partnership orjoint venture); (3) To your members (if you are a limited liability company); or (4) To a co -"employee" or "volunteer worker" while that co -"employee" or "volunteer worker" is either in the course of his or her employmentby you or whileperforming duties related to the conductof your business (including participation in any recreational activities sponsored by you). Paragraph 2.a.(1)(a) of Section 11— Who Is An Insured does not apply to "bodily injury" for which insurance is provided bythis paragraph. LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 2 of S Includes copyrighted material of Insurance Services Office, Inc., with its permission. B. The insurance provided by this Item 4. for "bodily injury" to a co -"employee" or "volunteer worker" will not apply if the injured co -"employee's" or "volunteer worker's" sole remedy for such injury is provided under a workers' compensation law or anysimilar law. C. Other Insurance The insurance provided by this Item 4. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 5. Health Care Professionals As Insureds A. Paragraph 2.a.(1)(d) of Section II —Who Is An Insured is replaced by the following: (d) Arising out of his or her providing or failure to provide professional health care services. However, any "employee" or "volunteer worker" of the Named Insured who is acting as a Good Samaritan in response to a public or medical emergency or who is a "designated health care provider" is an insured with respect to "bodily injury" and "personal andadvertising injury" that: (i) Arises out of the providing of or failure to provide professional health care services; and (ii) Occurs in the course of and withinthe scope of such "employee's" or "volunteer worker's" employment by the Named Insured. B. W ith respect to "employees" and "volunteer workers" providing professional health care services, the following exclusions are added to Paragraph 2. Exclusions of Section I — Coverage A — Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section I — Coverage B — Personal And Advertising Injury Liability: This insurance does not apply to: (1) Liability assumed under an "insured contract" or any other contract or agreement; (2) Liability arising out of the providing of professional health care services in violation of law; (3) Liability arising out of the providing of any professional health care services while in any degree under the influence of intoxicants or narcotics; (4) Liability arising out of any dishonest, fraudulent, malicious or knowingly wrongful act or failure to act; or (5) Punitive or exemplary damages, fines or penalties. C. The following definition is added td3ection V — Definitions: "Designated health care provider" means any "employee" or "volunteer worker" of the Named Insured whose duties include providing professional health care services, including but not limited to doctors, nurses, emergency medical technicians odesignated first aid personnel. D. Other Insurance The insurance provided by this Item 5. is excess over any other valid and collectible insurance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Of Occurrence Or Offense Knowledge of an "occurrence" or offense by your agent, servant or "employee" will not in itself constitute knowledge by you unless your "executive officer" or "employee" designated by you to notify us of an "occurrence" or offense has knowledge of the"occurrence" or offense, LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 3 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Item 7. Notice Of Occurrence Or Offense For purposes of Paragraph 2.a. of Section IV — Commercial General Liability Conditions, you refers to your "executive officer"or "employee" that you have designated to give us notice. Item 8. Unintentional Failure To Disclose Unintentionalfailure of the Named Insured to discloseall hazards existingat the inception of this Policyshall not be a basisfor denial of any coverage afforded by this Policy. However, you must report such an error or omissionto us as soon as practicableafter its discovery. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. Item 9. Bodily Injury Redefined The definition of "bodily injury" irSection V — Definitions is replaced by the following: "Bodily injury" means:. a. Bodily injury, sicknessor disease sustained by a person, including death resulting from any of these at any time; and b. Mental anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. Mental anguish means any type ofinental or emotional illness or distress. Item 10. Supplementary Payments —increased Limits Paragraphs 1.b. and 1.d. of Section I — Supplementary Payments — Coverages A And B are replaced by the following: b. Up to $3,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of anyvehicle to which Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist in the investigationor defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. Item 11. Property In Your Care, Custody Or Control A. Paragraphs (3) and (4) of Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability are deleted. B. Additional Exclusion Coverage provided by this endorsement does not apply to "property damage" to property while in transit. C. Limits of Insurance Subject to Paragraphs 2., 3., and 5. of Section III — Limits Of Insurance, the most we will pay for insurance provided by ParagraphA. above is: $10,000 Each Occurrence Limit $75,000 Aggregate Limit The Each Occurrence Limitfor this coverage applies to all damages as a result of any one 'occurrence" regardless of thenumber of persons or organizations who sustain damage because of that 'occurrence". The Aggregate Limit is the most we will pay for the sum of all damages under this Item 11. LC 32 199 11 18 © 2018 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. Other Insurance This insurance does not apply to any portion of a loss for which the insured has available any other valid and collectible insurance, whether primary, excess, contingent, or on any other basis, unless such other insurance was specifically purchased by the insured to apply in excess of this Policy. Item 12. Mobile Equipment Redefined The definition of "mobile equipment" in Section V — Definitions is amended to include self-propelled vehicles with permanently attached equipment less than 1000 pounds gross vehicle weight that are primarily designed for: (1) Snow removal: (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning. However, "mobile equipment" does not include land vehicles that are subject to a compulsory or financial responsibilitylaw or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered "autos". Item 13. Newly Formed Or Acquired Entities A. Paragraph 3. of Section II — Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain majority ownershipor majority interest, 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: (1) The 180th day after you acquire or form the organization; (2) Separate coverage is purchased for the organization; or (3) The end of the policy period whichever is earlier; b. Section I — Coverage A — Bodily Injury And Property Damage Liability does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and c. Section I — Coverage B — Personal And Advertising Injury Liability does not apply to "personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. B. The insurance afforded to any organization as a Named Insured under this Item 13. does not apply if a Broad Form Named Insured endorsement attached to this Policy applies to that organization. Item 14. Waiver Of Right Of Recovery By Written Contract Or Agreement The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Commercial General Liability Conditions: We waive any right of recovery because of payments we make under this Policyfor injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" that we may have against any person or organization with whom you have agreed in a written contract or agreement to waive your rights of recovery but only if the "bodily injury" or "property damage" occurs, or offense giving rise to "personal and advertising injury" is committed subsequent to the execution of the written contract or agreement. LC 32 199 11 18 O 2018 Liberty Mutual Insurance Page 5 of 5 Includes copyrighted material of Insurance Services Office, Inc,, with its permission. AC 84 23 08 11 © 2010, Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 1 Policy Number: $6= THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - NONCONTRIBUTING This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage form. Schedule Name of Person(s) or Organizations(s): Regarding Designated Contract or Project: Each person or organization shown in the Schedule of this endorsement is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. The following is added to the Other Insurance Condition: If you have agreed in a written agreement that this policy will be primary and without right of contribution from any insurance in force for an Additional Insured for liability arising out of your operations, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be primary and we will not seek contribution from such insurance. AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 1 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy Number $6= THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANCEMENT ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. Newly Acquired or Formed Organizations II. Employees as Insureds III. Lessor - Additional Insured and Loss Payee IV. Supplementary Payments - Increased Limits V. Fellow Employee Coverage VI. Personal Property of Others VII. Additional Transportation Expense and Cost to Recover Stolen Auto VIII. Airbag Coverage IX. Tapes, Records and Discs Coverage X. Physical Damage Deductible - Single Deductible XI. Physical Damage Deductible - Glass XII. Physical Damage Deductible - Vehicle Tracking System XIII. Duties in Event of Accident, Claim, Suit or Loss XIV. Unintentional Failure to Disclose Hazards XV. Worldwide Liability Coverage - Hired and Nonowned Autos XVI. Hired Auto Physical Damage XVII. Auto Medical Payments Coverage Increased Limits XVIII. Drive Other Car Coverage - Broadened Coverage for Designated Individuals XIX. Rental Reimbursement Coverage XX. Notice of Cancellation or Nonrenewal XXI. Loan/Lease Payoff Coverage XXII. Limited Mexico Coverage XXIII. Waiver of Subrogation I. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Throughout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership of more than 50 percent interest, provided: A.There is no similar insurance available to that organization; B.Unless you notify us to add coverage to your policy, the coverage under this provision is afforded only until: 1.The 90th day after you acquire or form the organization; or 2.The end of the policy period, whichever is earlier; and C.The coverage does not apply to an "accident" which occurred before you acquired or formed the organization. AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 2 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. II. EMPLOYEES AS INSUREDS Paragraph A.1. Who Is An Insured of SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended to add the following: Your "employee" is an "insured" while using with your permission a covered "auto" you do not own, hire or borrow in your business or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LOSS PAYEE A.Any "leased auto" will be considered an "auto" you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any "leased auto" until the expiration date of this policy or until the lessor or his or her agent takes possession of the "leased auto" whichever occurs first. B.For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILITY COVERAGE, Paragraph A.1. Who Is An Insured provision is changed to include as an "insured" the lessor of the "leased auto". However, the lessor is an "insured" only for "bodily injury" or "property damage" resulting from the acts or omissions by: 1.You. 2.Any of your "employees" or agents; or 3.Any person, except the lessor or any "employee" or agent of the lessor, operating a "leased auto" with the permission of any of the above. C. Loss Payee Clause 1.We will pay, as interests may appear, you and the lessor of the "leased auto" for "loss" to the covered "leased auto". 2.The insurance covers the interest of the lessor of the "leased auto" unless the "loss" results from fraudulent acts or omissions on your part. 3.If we make any payment to the lessor of a "leased auto", we will obtain his or her rights against any other party. D. Cancellation 1.If we cancel the policy, we will mail notice to the lessor in accordance with the Cancellation Common Policy Condition. 2.If you cancel the policy, we will mail notice to the lessor. 3.Cancellation ends this agreement. E.The lessor is not liable for payment of your premiums. F.For purposes of this endorsement, the following definitions apply: "Leased auto" means an "auto" which you lease for a period of six months or longer for use in your business, including any "temporary substitute" of such "leased auto". "Temporary substitute" means an "auto" that is furnished as a substitute for a covered "auto" when the covered "auto" is out of service because of its breakdown, repair, servicing, "loss" or destruction. AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2)and A.2.a.(4)of SECTION II - COVERED AUTOS LIABILITY COVERAGE are deleted and replaced by the following: (2)Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4)All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A.Exclusion B.5.of SECTION II - COVERED AUTOS LIABILITY COVERAGE does not apply. B.For the purpose of Fellow Employee Coverage only, Paragraph B.5.of SECTION IV - BUSINESS AUTO CONDITIONS is changed as follows: This Fellow Employee Coverage is excess over any other collectible insurance. VI. PERSONAL PROPERTY OF OTHERS Exclusion 6.in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a covered "auto" is amended to add the following: This exclusion does not apply to "property damage" or "covered pollution cost or expense" involving "personal property" of your "employees" or others while such property is carried by the covered "auto". The Limit of Insurance for this coverage is $5,000 per "accident". Payment under this coverage does not increase the Limit of Insurance. For the purpose of this section of this endorsement, "personal property" is defined as any property that is not used in the individual's trade or business or held for the production or collection of income. VII. ADDITIONAL TRANSPORTATION EXPENSE AND COST TO RECOVER STOLEN AUTO A.Paragraph A.4.a.of SECTION III - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we will pay is increased to $50 per day and to a maximum limit of $1,000. B.Paragraph A.4.a.of SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: If your business is shown in the Declarations as something other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to return a stolen covered "auto" from the place where it is recovered to its usual garaging location. VIII. AIRBAG COVERAGE Exclusion B.3.a.in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: This exclusion does not apply to the accidental discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAGE Exclusion B.4.a.of SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: a.Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 4 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1)Are your property or that of a family member; and (2)Are in a covered "auto" at the time of "loss". The most we will pay for "loss" is $200. No Physical Damage Coverage deductible applies to this coverage. X. PHYSICAL DAMAGE DEDUCTIBLE - SINGLE DEDUCTIBLE Paragraph D.in SECTION III - PHYSICAL DAMAGE COVERAGE is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all the "loss" for all the involved covered "autos" will be reduced by a single deductible, which will be the largest of all the deductibles applying to all such covered "autos". XI. PHYSICAL DAMAGE DEDUCTIBLE – GLASS Paragraph D.in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add the following: No deductible applies to "loss" to glass if you elect to patch or repair it rather than replace it. XII. PHYSICAL DAMAGE DEDUCTIBLE - VEHICLE TRACKING SYSTEM Paragraph D.in SECTION III - PHYSICAL DAMAGE COVERAGE is amended to add: Any Comprehensive Coverage Deductible shown in the Declarations will be reduced by 50% for any "loss" caused by theft if the vehicle is equipped with a vehicle tracking device such as a radio tracking device or a global positioning device and that device was the method of recovery of the vehicle. XIII. DUTIES IN EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS Subparagraphs A.2.a.and A.2.b.of SECTION IV- BUSINESS AUTO CONDITIONS are changed to: a.In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" or "loss". Such notice must include: (1)How, when and where the "accident" or "loss" occurred; (2)The "insured's" name and address; and (3)To the extent possible, the names and addresses of any injured persons and witnesses. Knowledge of an "accident", claim, "suit" or "loss" by your agent, servant or "employee" shall not be considered knowledge by you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from your agent, servant or "employee". b.Additionally, you and any other involved "insured" must: (1)Assume no obligation, make no payment or incur no expense without our consent, except at the "insured's" own cost. AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (2)Immediately send us copies of any request, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3)Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4)Authorize us to obtain medical records or other pertinent information. (5)Submit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Paragraph B.2.in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to disclose all exposures or hazards existing as of the effective date of the Business Auto Coverage Form or at any time during the policy period will not invalidate or adversely affect the coverage for such exposure or hazard. However, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORLDWIDE LIABILITY COVERAGE - HIRED AND NONOWNED AUTOS Condition B.7.in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: For "accidents" resulting from the use or operation of covered "autos" you do not own, the coverage territory means all parts of the world subject to the following provisions: a.If claim is made or "suit" is brought against an "insured" outside of the United States of America, its territories and possessions, Puerto Rico and Canada, we shall have the right, but not the duty to investigate, negotiate, and settle or defend such claim or "suit". If we do not exercise that right, the "insured" shall have the duty to investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the "insured" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shall provide us with such information we shall reasonably request regarding such claim or "suit" and its investigation, negotiation, and settlement or defense. The "insured" shall not agree to any settlement of the claim or "suit" without our consent. We shall not unreasonably withhold consent. b.We are not licensed to write insurance outside of the United States of America, its territories or possessions, Puerto Rico and Canada. We will not furnish certificates of insurance or other evidence of insurance you may need for the purpose of complying with the laws of other countries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may result in fines or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the following will apply: A.We will pay for "loss" under Comprehensive and Collision coverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 6 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 1.The most we will pay for coverage afforded by this endorsement is the lesser of: a.The actual cost to repair or replace such covered "auto" with other property of like kind and quality; or b.The actual cash value of such covered "auto" at the time of the "loss". 2.An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". 3.If a repair or replacement results in better than like kind or quality, we will not pay for the amount of the betterment. B.For each covered "auto", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductible shown in the Declarations that applies to private passenger "autos" that you own. If no applicable deductible is shown in the Declarations, the deductible will be $250. If the Declarations show other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsement does not apply. C.Paragraph A.4.b.of SECTION III - PHYSICAL DAMAGE COVERAGE is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage provided by this endorsement, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a private passenger vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1)Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2)Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto"; or (3)Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay under this coverage is $30 per day, subject to a maximum of $900. XVII. AUTO MEDICAL PAYMENTS COVERAGE - INCREASED LIMITS For any covered "loss", the Limit of Insurance for Auto Medical Payments will be double the limit shown in the Declarations if the "insured" was wearing a seat belt at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of covered "autos", "insureds", premiums paid, claims made, or vehicles involved in the "accident". If no limit of insurance for Auto Medical Payments is shown on the Declarations, this paragraph Section XVII of this endorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED INDIVIDUALS A.This endorsement amends only those coverages indicated with an "X" in the Drive Other Car section of the Schedule to this endorsement. B. SECTION II - COVERED AUTOS LIABILITY COVERAGE is amended as follows: 1.Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement or by his or her spouse while a resident of the same household except: AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 7 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a.Any "auto" owned by that individual or by any member of his or her household; or b.Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". 2.The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "auto" described in Paragraph B.1.of this endorsement. C.Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages are amended as follows: The following is added to Who Is An Insured: Any individual named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members" are "insured" while "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that individual or by any "family member". D. SECTION III - PHYSICAL DAMAGE COVERAGE is changed as follows: Any private passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or control of any individual named in the Drive Other Car section of the Schedule to this endorsement or his or her spouse while a resident of the same household except: 1.Any "auto" owned by that individual or by any member of his or her household; or 2.Any "auto" used by that individual or his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E.For purposes of this endorsement, SECTION V - DEFINITIONS is amended to add the following: "Family member" means a person related to the individual named in the Drive Other Car section of the Schedule to this endorsement by blood, marriage or adoption who is a resident of the individual's household, including a ward or foster child. XIX. RENTAL REIMBURSEMENT COVERAGE A.For any owned covered "auto" for which Collision and Comprehensive Coverages are provided, we will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physical damage coverage you have on a covered "auto". No deductibles apply to this coverage. B.We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending with the earlier of the return or repair of the covered "auto", or the exhaustion of the coverage limit. C.Our payment is limited to the lesser of the following amounts: 1.Necessary and actual expenses incurred; or 2.$30 per day with a maximum of $900 in any one period. AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 8 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D.This coverage does not apply: 1.While there are spare or reserve "autos" available to you for your operations; or 2.If coverage is provided by another endorsement attached to this policy. E.If a covered "loss" results from the total theft of a covered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement expenses which is not already provided for under Paragraph A.4.Coverage Extensions of SECTION III – PHYSICAL DAMAGE COVERAGE of the Business Auto Coverage Form or Section VII of this endorsement. XX. NOTICE OF CANCELLATION OR NONRENEWAL A.Paragraph A.2.of the COMMON POLICY CONDITIONS is changed to: 2.We may cancel or non-renew this policy by mailing written notice of cancellation or non-renewal to the Named Insured, and to any name(s) and address(es) shown in the Cancellation and Non-renewal Schedule: a.For reasons of non-payment, the greater of: (1)10 days; or (2)The number of days specified in any other Cancellation Condition attached to this policy; or b.For reasons other than non-payment, the greater of: (1)60 days; (2)The number of days shown in the Cancellation and Non-renewal Schedule; or (3)The number of days specified in any other Cancellation Condition attached to this policy, prior to the effective date of the cancellation or non-renewal. B.All other terms of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments thereto, remain in full force and effect. XXI. LOAN/LEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTION III - PHYSICAL DAMAGE COVERAGE: In the event of a total "loss" to a covered "auto" of the private passenger type shown in the schedule or declarations for which Collision and Comprehensive Coverage apply, we will pay any unpaid amount due on the lease or loan for that covered "auto", less: 1.The amount paid under the PHYSICAL DAMAGE COVERAGE SECTION of the policy; and 2.Any: a.Overdue lease/loan payments at the time of the "loss"; b.Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; c.Security deposits not returned by the lessor; d.Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 9 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. e.Carry-over balances from previous loans or leases. This coverage is limited to a maximum of $1,500 for each covered "auto". XXII.LIMITED MEXICO COVERAGE WARNING AUTO ACCIDENTS IN MEXICO ARE SUBJECT TO THE LAWS OF MEXICO ONLY -NOT THE LAWS OF THE UNITED STATES OF AMERICA. THE REPUBLIC OF MEXICO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENSE AS WELL AS A CIVIL MATTER. IN SOME CASES THE COVERAGE PROVIDED UNDER THIS ENDORSEMENT MAY NOT BE RECOGNIZED BY THE MEXICAN AUTHORITIES AND WE MAY NOT BE ALLOWED TO IMPLEMENT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSED MEXICAN INSURANCE COMPANY BEFORE DRIVING INTO MEXICO. THIS ENDORSEMENT DOES NOT APPLY TO ACCIDENTS OR LOSSES WHICH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF THE UNITED STATES OF AMERICA. A. Coverage 1.Paragraph B.7.of SECTION IV - BUSINESS AUTO CONDITIONS is amended by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are met: a.The "accidents" or "loss" occurs within 25 miles of the United States border; and b.While on a trip into Mexico for 10 days or less. 2.For coverage provided by this section of the endorsement, Paragraph B.5.Other Insurance in SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: The insurance provided by this endorsement will be excess over any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the following: If a "loss" to a covered "auto" occurs in Mexico, we will pay for such "loss" in the United States. If the covered "auto" must be repaired in Mexico in order to be driven, we will not pay more than the actual cash value of such "loss" at the nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 1.If the covered "auto" is not principally garaged and principally used in the United States. 2.To any "insured" who is not a resident of the United States. XXIII. WAIVER OF SUBROGATION Paragraph A.5.in SECTION IV - BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of "accident", to waive rights of recovery against such person or organization. AC 84 07 11 17 © 2017 Liberty Mutual Insurance Page 10 of 10 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Schedule Premium Liability Physical Damage Total Premium XVIII. Drive Other Car Name of Individual LIAB MP UM UIM COMP COLL XX. Notice of Cancellation or Nonrenewal Name and Address Number of Days (*:E $2#36:$1$2;E440*$:E320CE;3E;($E*2:=62!$E463>*#$#E CE;($E430*!CE $!=:$E$A:E*:E:(3?2E*2E;$1EE 3%E;($E 2%361;)32E '$E $E (>$E;($E 6*'(;E;3E 6$!3>$6E3=6E 4C1$2;:E %831E 2C32$E 0* 0$E%36E2E *2-=9E !3>$6$#E CE ;(*:E430*!CE $E ?*00E 23;E $2%36"$E3=6E 6*'(;E'*2:;E;($E4$6:32E36E36'2*D;*32E21$#E*2E;($E!($#=0$E =;E;(*:E?*>$6E440*$:E320CE@*;(E6$:4$!;E ;3E 3#*0CE*2.=6CE6*:*2'E3=;E3%E;($E34$6;*32:E#$:!6* $#E*2E;($E!($#=0$E?($6$EC3=E6$E6$5=*6$#E CEE?6*;<$2E!32;6!;E ;3E3 ;*2E;(*:E?*>$6E%631E=:E (*:E$2#36:$1$2;E:(00E 23;E34$6;$E#*6$!;0CE36E *2#*6$!;0CE;3E $2$%);E2C32$E23;E21$#E*2E;($E!($#=0$E ($E46$1*=1E %36E;(*:E$2#36:$1$2;E*:E :(3?2E*2E;($E!($#=0$E !($#=0$E EE 4$!*%,!E*>$6 1$E3%E4$6:32E36E36'2*D;*32 02/$;E*>$6 2CE 4$6:32E36E36'2*D;*32E%36E?(31E;($E1$#E2:=6$#E(:E'6$$#E CE@6*;;$2E!32;6!;E;3E%=82*:(E;(*:E?*>$6 4$6;*32: 00E$B:E 34$6;*32: 6$1*=1 ($E 46$1*=1E !(6'$E %36E ;(*:E$2#36:$1$2;E :(00E $E E 4$6!$2;E 3%E ;($E46$1*=1E #$>$034$#E 32E 4C6300E*2 !322$!;*32E ?*;(E ?36/E 4$6%361$#E &36E ;($E 3>$E 4$6:32:E 36E 36'2*D;*32:E 6*:*2'E3=;E 3%E ;($E 34$6;*32: #$:!6* $# #>2!$E7$1+=1 FFL0/Q,OQ "6-0AHOQ#LGL+8Q6?0Q <FL@+<.0Q =;>+<OQ =AQ +KI+.4;0<HQI=Q %=96.OQ$=Q)*Q FFL0/QI=Q 0+<Q80.IC6.+8Q<. 220.I6M0Q+G0Q %C0;6L;Q /Q Q PQ=>O?634JQQ $+G6=<+9Q =L<.69Q=<Q=;>0<F+K6=<Q!<FLD+<.0 Q !<. Q 9:Q'734GFQ '0F0E0/Q &+30QQ=1Q Q Policy Number: CPP100048232 COMMERCIAL GENERAL LIASILI T Y CQLOE4 (1013) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - ONGOING OPERATIONS AND PRODUCTS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM bLAILUULt JUF t IUNAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered a erations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above, will be shown In the Declarations.) A_ Section II —Who Is An Insured is amended to include as an additional Insured- 1- Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing In a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1, above; and 3_ The particular person or organization, if any: scheduled above. Such person(s) or organizations) is an additional insured only with respert to liability for "bodily injury". "property damage" or "personal and advertising injury" occurring after the execution of the cnntrarl or agreement described in Paragraph t _ above and caused, in whole or In pars, by 1. Your acts or omissions: or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured: or 3. Your work" performed for the additional insured and included in the "prod ucts-eompleled operatiors hazard" if such coverage is specifically required in the written contract or agreement. COL 084 (10 13) Includes copyrighted material of the Insurance 8ervloes Offices, Inc. with its permission, Page 1 of 3 Copyright 2013 FCCI Insurance Group, COMMERCIAL GENERAL LIABILITY CGL 084 (10 13) However, the insurance afforded to such additional insured(s) described above: 1. Only applies to the extent permilled by law; 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; 3. WIII not be broader than that which is afforded to you under this policy; and 4. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property d®mage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying sorvices, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, Geld orders, change ardem or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activitles. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance; 1. Required by the contract or agreement described in Paragraph A. 1.; or 2. Available under the applicable Limits of Insurance shown In the Declarations; whichever is less_ This endorsement shall not Increase the applicable Limits of Insurance shown in the Declarations. E_ Section IV — Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as sonn as prarticable- 1. Give us written notice of an "occurrence" or an offense which may result in a claim or "suit' under this insurance, and of any claim or "suit" that does result; 2. Send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investlgetlon or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. COL 084 (10 i3) Incluoets copyrighted material of the Insurance Services Offices, Inc, with its permission. Page 2 of 3 Copyright 2013 FCCi Inst.rance Group. COMMERCIAL GENERAL LIABILITY CGL 004 (10 13) We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or suit", r, This endorsement does not apply to any additional insured or project that Is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form- CGt_ O84 (10 13) Includes copyrighted maiadal of the Insurance Sewicec Offtea, Inc. with its pormiaslon. Page 3 of 3 Copyright 2013 FOCI Insurance Grout. Policy Number: CPP1OU&48232 FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AddhiomNInsured Coverage- ....................................................................................... ....... .................... ........ 1O Bail....... ....... .'-'~.......................... `.~~.' '--~'-_.-._-~y BlanketWaiver oY8ubrogmtinn....................................... ......................................................................................... 10 BodilyInjury and Property Damage ......................................................................... ...................... ........................... / Care, Custody cvControl .................................. -~~''^-^~'-'^~~'~'---~^~^^^~-^^'~~---~~^^'~^','^---3 ContranliorsErrors and Omissions ...... ....... ........... ..... -....................... ....... ...................... .............................. / Contractual Liability (Personal & Advertising Injury) .................................................... ............................................ '2 ElectronicData Liability .............................................. .... ........................................................... --........................ / Genm�|L�bUhyCDndh�ns---_----'-----'--'------'------~^-^'^~^~-'--'--- �4 |nc�en�dMm��a---._~.........--,.-_---_--~..-..-~~~-~-''~---~_-^----------- 1� Insured..................................................... ......................... ~"~.~...~~~.~... ........................................ .... _,.lu Limited Product Withdrawal Expense ............... ~.................. ................................................ .................... ............... * Lbnft:uf|nmuransw.................................... ~�........ .................................................. ----_-__................... 1a Loss of Emm�go---------___ -__------'_~~..~-.~-^^.-..^-....-.~--'~^'-~-'--------' 1O Newly Formed or Acquired Organizations ............... ................................ ....................................... ....................... la Non -Owned Watercraft ................................................................... °-.-~~~~^........................... ........... I Property Damage Liability -Borrowed Equipment.... ................................................................................................. Tenant's Proper(yand Premises Rented ToYou ......................................... ............. ............................................... y COMMERCIAL GENERAL LIABILITY CGL 08B (1Q 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARET-LILLY FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modlfies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL. GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1, Extended "Property Damage" Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. '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. 2, Non -owned Watercraft Excitision 2.9. (2) (a) is replaced wits, the following: (a) Less than 51 feet long; and 3, Property Damage Liability — Borrowed Equipment The following is added to Exclusion 2.j. (4): Paragraph (A) of this exclusion does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perfortn operations. The most we will pay far "property damage" to any one borrowed equipment item under this coverage is $25,000 per "occurrence The insurance afforded under this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. d. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of 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. 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 $10.000. CGL 088 (10 13) Halunes copyrighted malarial of the Insurance Services Office, Inc., with its permission. Page 1 of 16 Copyright 2013 FOCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL G86 (10 13) We have no duty to investigate or defend claims of "suits" Covered cy lhls Limited Electronic data Liability coverage. The following definition is added to SECTION V — DEFINITIONS of the Coverage Form: "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 softvare), hard or floppy disks, CD- ROMS, tapes, drives, calls, data processing devices or any other media which are used with elect,oniaally controlled equipment. For purposes of this Limited Electronic Data Liability coverage, the definition of "Property Damage" in SECTION V — DEFINITIONS of the Coverage Form is replaced by the following: 17. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. NI such loss of use shall he deemed to occur at the timo of the physical injury that caused it; 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; c. Loss of, loss of use of, damage to, corruption of, ;nabllity to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such lass of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For purposes of this insurance, "electronic data" is not tangible property. SECTION I — COVERAGES, COVERAGE B. PERSONAL ARID ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions — the Contractual Liability Exclusion is deleted. SECTION I — COVERAGES, the following coverages are added: COVERAGE la. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement We will pay, at your request, for `property damage` caused by an "occurrence', to properly of others caused by you, or while in your possession. arising out of your business operations, The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: 'Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned tc, borrowed by, or used by you; COL 086 110 13) Includes copyrighted material of 1he Insurance SeMoes CNfioo. 'no., with its pormiaslon. Page 2 of 16 Copyright 2013 FOCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; e. Property caused by or arising out of the "products -completed operations hazard"; f. Motor vehicles; g. "Your product" arising out of it or any part of it; or h. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of "property damage" caused by an "occurrence", to property of others while in your care, custody, or control or property of others as to which you are exercising physical control if the "property damage" arises out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Premises you sell, give away, or abandon, if the "property damage" arises out of any part of those premises; d. Property caused by or arising out of the "products -completed operations hazard' CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) e. Motor vehicles; f. "Your product' arising out of it or any part of it; or g. "Your work" arising out of it or any part of it. 3. Deductible We will not pay for loss in any one 'occurrence" until the amount of loss exceeds $250. We will then pay the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. If you are a "seller", we will reimburse you for "product withdrawal expenses" associated with "your product" incurred because of a "product withdrawal" to which this insurance applies. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. a. This insurance applies to a "product withdrawal' only if the "product withdrawal' is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal' was initiated. d. The initiation of a "product withdrawal' will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL D88 (10 13) (3) When a third party has Initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved In making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different 'defect' wilt be deerned to have arisan out or a suparale "product withdrawal" II newly determined or ordered in accordance with paragraph 11 or this coverage. 2, Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" Initiated due to: (1) The failure of "your products" to accomplish their Intended purpose, including any breach of warrerty of fltness, whether written or implied. This exclusion does not apply If such failure has caused or is reasonably expected to cause "bodily Injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error In manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration ofthe designated shell life of "your product". b. A 'product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of 'your products" which have been banned From the market by an authorized government entity prior to the policy period. c. The defense of a claim or ".suit" against you for "product withdrawal expenses". 3. For the purposes of the insurance afforded under COVERAGE F, the following is added to a, Dudas In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS- e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" In "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, rotice should include: CGL 082 t10 i3j Includes copyrighted material of the Insurance Services Otfica, Inc., with its permission. Page 5 of 16 Copyright 2013 FOCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (1D 13) (a) How, when and where the "defect" was discovered; (b) The names and addresses of any Injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out or use or consumption of "your product". (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specirics yr the "prvducL withdrawal" and the date It was initiated, (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other inelhod, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must. (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal": (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4. For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. "Defect" means a defect, defloiency or inadequacy that creates a dangerous condition. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered wilh_ c, "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of nctdication; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non -salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (ca) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging: COL 086 (10 13) Incluuds copyrighted material of the Insurance 5ervlces Office, Inc., with its permission. Page 8 or 16 Copyright 2013 FM Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (7) Costs of warehouse or storage space; or (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product', or the costs of regaining your market share, goodwill, revenue or profit. e. "Seller' means a person or organization that manufactures, sells or distributes goods or products. "Seller"does not include a "contractor" as defined elsewhere in this endorsement. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement If you are a "contractor", we will pay those sums that you become legally obligated to pay as damages because of "property damage" to "your product", "your work" or "impaired property', due to faulty workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. We have no duty to investigate or defend claims or "suits" covered by this Contractors Errors or Omissions coverage. This coverage applies only if the "property damage" occurs in the "coverage territory" during the policy period. This coverage does not apply to additional insureds, if any. Supplementary Payments — Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. "Bodily injury" or "personal and advertising injury". b. Liability or penalties arising from a delay or failure to complete a contractor project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. f. Any liability arising out of manufacturer's warranties or guarantees whether express or implied. g. Any liability arising from "property damage" to property owned by, rented or leased to the insured. h. Any liability incurred or "property damage" which occurs, in whole or in part, before you have completed "your work." "Your work" will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) 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 or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. L Any liability arising from "property damage" to products that are still in your physical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. I. "Property damage" to property other than "your product," "your work" or "impaired property." m. Any liability arising from claims or "suits" where the right of action against the insured has been relinquished or waived. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL OH (10 13) n. Any liability for "property damage" to "your work' if the damaged work or the work out of which the damage arises was performed an your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work ordtirs, contracts or engineering specifications were written by you, and you have authorized the changes, p. Liallky or others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. "Contractor" means a person or organization engaged in activities of building, clearing, filing, excavating o, improvement in the size, use or appearance of any structure or land_ "Contractor' does not Include a "seller"as deflned elsewhere in this endorsement. 4. Deductible We will not pay for loss in any one "occurrence" until the amount of loss exceeds $250, The limits of insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit", and upon notiflcatior of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges, The insurance under COVERAGE G does not apply if a loss is paid under CCVF-F AGF F. EXPANDED COVERAGE FOR TENANT'S PROPERTY AND PREMISES RENTED TO YOU The first paragraph after subparagraph (6) in Exclusion J.. Damage to Property is amended to read as folinws- 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. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits Of Insurance. SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS — COVERAGE A and B Is amended as follows: All references to SUPPLEMENTARY PAYMENTS — COVERAGES A am B are amended to SUPPLEMENTARY PAYMENTS —COVERAGES A, B, D, E, and G. 1. Cost of Bell Bonds Paragraph i.b. is replaced with the following: b. Up to $2,500 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. CGL 088 (10 13) Inc,udes copyrighted material of the insurance Services Office. Inc„ with its permission. Page 9 of 16 Copyrlght 2013 FCCI insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) 2. Loss of Earnings Paragraph 1.d. is replaced with the following; 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. SECTION II —WHO 15 AN INSURED Is amended as follows: 1. Incidental Malpractice Paragraph 2,a,(1)(d) Is replaced with the following: (d) Arising uut or his or her providing or failing to provide professional health care services. However, this exclusion dues nut apply lu a nurse, emergency medical technician or paramedic employed by you to provide rnedical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) The "employee' has another insurance that would also cover claims arising under this provision, whether the other insurance is primary, excess, contingent or on any other basis_ 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if (1) They are logally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective data of this policy. If such subsidiaries are not shown in the Doclarations, you must report them to us within 160 days of the inception of your original policy. Additional Insureds t Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this policy, proaided the written contract or agreement was executed prior to the "bodily injury", "property damage" or "personal and advertising injury" for which the additional insured seeks coverage. However, tttie insurance afforded to such additional insurad(s); (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (d) Is subject to the conditions described in paragraphs g. through k. below: and CGL 988 (1 C 13) Inclydes copyrighted material of the Insurance Services Office, Inc., with Its perrrrlsslon. Page 10 of' 5 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 08B (10 13) (5) Nothing herein shall extend the term of this policy. g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability arising out of the ownership, maintenance or use of that part or any premises leased to you and subject to the following additional exclusions: (1) Any "occurrence" that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Aguricy or Subdivision ui Political Subdivision — Permits or Authorizations If the additional insured is the state ar any political subdivision, the state or political subdlvision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or (2) "Bodily injury" or "property damage' included within the "products -completed operations hazard". I. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to liability for "bodily injury", "property damage' or "personal and advertising injury" caused, in wholes nr in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to theso additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires_ j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgages, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to "hndily injury" or "property damage' caused by "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: (1) The insurance afforded to the vendor 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 absence of the contract or agreement. (b) Any express warranty unauthorized by you; CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, inc., with Its permission. Page 11 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (c) Any physical or chemical change in "your product" made intentionally by the vendor; (d) Repackaging, unless 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; (e) 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 or 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 (h) `Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of 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 Subparagraphs 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. (2) 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. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III — LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. 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"; c. Damages under Coverage B; d. Voluntary "property damage" payments under Coverage D; and e. Care, Custody or Control damages under Coverage E. CGL 088 (10 13) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY GGL 088 (10 13 2. Paragraph 5. Is replaced with the following: 5_ Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum or. a. Darnages under Coverage A; b. Medical expenses under Coverage C; G. Voluntary "property damage" payments under Coverage D; d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; and f. Contractors Errors and Omissions under Coverage G. because of all 'bodily injury" and "property damage" arising out or any one "occurrence". 3. Paragraph 6. is replaced with the following: 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by Fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown In the Declarations as Uamage To Premises Rented t`o You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the Declarations is the most we will pay under Coverage C for all medical expenses because of'bodily injury" sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for loss arising out of any one -occurrence" is $1,500, The most we will pay in any one -policy period, regardless of the number of claims made or suits hrought, is $3,000_ 6. Paragraph 9_ Is added as follows- 9- Suhjert to Paragraph 5_ above, the most we will pay under Coverage E. Care, Custody or Control for "property damage" arising out of any one "occurrence" is $1.000. The most we will pay in any one -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows_ 10_ Subject to Paragraph 5. above, the most we will pay under Coverage F_ Limited Product Withdrawal Expense for "product withdrawal expenses" in any one -policy period, regardless of the number of insureds, "product withdrawals" initiated or number of 'your products" withdrawn is $10,000, CGL 088 t10 13) Includes copyrighted materiel of the Insurance Services Office, Inc., with its permission. Pago 13 of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 131 S. Paragraph 11. Is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one -policy period, regardless of the number of Insureds, claims or "suits" brought, or persr= or Organizations making claim or bringing "suits" is $10,000. For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional wsis of praducls and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. Each 'location" owned by or rented to you. 'Location" as used in this paragraph means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right-of-way of a railroad. 10. Paragraph 13. is added as follows: 13, With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage p►ovidod to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insurer( is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable limits of Insurance shown in the declarations; whichever Is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS Is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. You must see to it that we are notified as soon as practicable of an "occurrence" or an Offense which may result in a claim. This requirement applies only when the 'occurrence" or offense is known to the following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership arjoint venture: (3) An "executive officer' or insurance manager, if you are a corporation; (4) A manager, if you are a limited liability company; GGL 086 (10 13) Indudes copyrighted material o#the Insurance Services Office, r+c., with its permission. Page id of 16 Copyright 2013 FCCI Insurance Group COMMERCIAL GENERAL LIABILITY CGL 088 (10 13) (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) A person (other than an "employee") or an organization while acting as your real estate manager - To the exten: possible, notice should include; (1) How, when and where the "occurrence' or offense look 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, 2. The following is added to Subparagraph 2.b, of Duties In The Event Of Occurrence, offense, Claim, or Suit; The requirement in 3.b.applie5 only when the "occurrence' or offense is known to the following: (1) An Individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) An "executive officer' or insurance manager, if you are a corporation; (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a riot -for -profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (9) A person (other than an "employsa') or an organization while acting as your real estate manager_ 3. The following is added to paragraph 2. of duties in the Event of Occurrence, offense, Claim or Suit: e. If you report or "occurrence" to your workers compensation carrier that develops into a liability claim for Which coverage is provided by the Coverage Farm, failure to report such an "occurrence" to us at the time of the "occurrence" shall not be deemed a violation of paragraphs a., K, and c. above. However, you shall give written notice of this 'occurrence" to us as soon as you become aware that this "occurrence" may be a liability claim rather than a workers compensation claim. 4. Paragraph 6. is replaced with the following- 6. (Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate ana Complete; In. Those statements are based upon representations you made to us; and c_ We have issued this policy in reliance upon your representations. CGL 088 (10 13) Includes copyrighted roaterial of the Insurance Services Office. Inc., with its permission. page 1s of 1s Copyright 2013 FCCI Insurance GrOL p COMMERCIAL GENERAL LIABILITY GGL 086 (10 13, Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products Intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However. this provision does not affect our right to collect additional premium charges or exercise our right or cancellation or nonrenewal. 3. The following Is added to paragraph 6, Transfer Of Rights Of Recovery Against Others To Us: However, we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or "your work" included in the "products -completed operations hazard" under the following conditions_ a) only when you have agreed in writing to waive such rights of recovery in a contract or agreement, b) Unly as to the personfentity as to whom you are required by the contr80t to waive rights of recovery; and c) Only if the contract or agreement is In effect during the term of this policy, and was executed Ity you prior to the lass. U. Paragraph 10. Is added as follows: 10. Liberalization If we revise this Coverage Form to prgvldp more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective In the applicable stete(s). COL 068 (10 13) I11dudes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 15 of 1$ Copyright 2013 ECCI Insurance Group COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following COMMERCIAL_ GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE. PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not soak contribution from any other insurance available to an additional insured under your policy provided that (1) The additional insured is a Named Insured under such other insurance; and (2) You nave agreed in writing in a contract or agreement that this insurance would be primary and would not seek contritution from any other insurance available to the additlonal Insured, CG 20 0104 13 0 Insurance Services Office, Inc., 2012 Page 1 of 1 AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AlrbagCoverage.......................................................................................................................................................3 Auto LoanlLease Gap Coverage ......... ___ ................ :..:.............. ......................................... .......................... :.:........... 3 BroadForm Insured.. ....... ................ .......... _ ............................. ...................... ........ ................... .............. f Concealment, Misrepresentation or Fraud................................................................................................................4 Deductible..............................,...............................................................................--..--.................................... 3 Duties in the Event of Accident, Claim, Suit or Loss .................. ......................... :...:.....:.........::........ ....................... 4 FellowEmployee .............. ........................................ .................... .............. .......... .._....................... ........... ........ 2 Fire Department Service Charge._..... ........ .......................................................................................2 Other Insurance for Hired Auto Physical Damage Coverage................................................................................... 4 Lossof Earnings..........................................................................._................_................................................. 2 Lossof Use Expenses........,................................................................................................................................... 2 SupplementaryPayments......................................................................................................................................2 Transfer of Rights of Recovery against Others to Us..............................................................................................1.4 Transportation Expenses ............................. ..................................... ......................... ............................................... 2 Policy Number: CAI OUD14717 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the fallowing BUSINESS AUTO COVERAGE FORM NOTE: The foilowing are additions, replacements and amendments to the Business Auto Coverage Form and will apply urless excluded by separate endorsements) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The business Auto Coverage Form is amended as follows: SECTION II — COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured" does not include any subsidiary that is an "insured" under any other liability policy or would be an "insured' under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or term during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an 'insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acciAre or form the organization or until the end of the policy period, whichever comes first - I. Any person or organization who Is required under a written Contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury' or 'property damage" occurs and that is In effect during the policy period, to be named as an additional insured is an 'insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured provision contained in Section II. g. Any "employee" of yours using_ (1) a covered "auto' you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct cf your business or your personal affairs; or (ZI an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your "employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" renled from you or from any member of the "employee's" household CAU 05E (0' 15) Includes copyrighted material of the Insurance Services dffice, Inc., with its permission. Page t of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (01 15) h. Your members, if you area limited liablllty, company, whlle using a covered "auto" you do nol own, hlre yr borrow. while performing duties related to the conduct of your buslness or your personal affairs. B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the Following; (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to $500 a day because of time off from work. G. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5, Fellow Employee "Bodily injury' <o: a. Any fellow `employee" of the "insured" arising out of and in the course of a relluw "ernployee'S employment or while performing duties related to :he conduct of your business. However, this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child. parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III — PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $75 per day to a total maximum of 52,000 for temporary transportation expense ,ncurred by you due to covered loss to any covered auto. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "toss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for aired "autos"; (2) Specifiec Causes of Loss only if the Dec arat!ons indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $2,000. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 056 (01 15) Includes copyrighted material of the Insurance Services Office, Inc, with its permission. Page 2 of 4 Copynght 2015 FCCI Insurance Group COMMERCIAL AUTO CAU 058 (01 15) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto", under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto" is named as an additional insured under this policy, in the event of a total loss to the leased covered "auto", we will pay any unpaid amount due on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the 'loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto' is a covered "auto" under this coverage form and the loss payee of the covered "auto" is named a loss payee under this policy, in the event of a total loss to the covered "auto", we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the "loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for "loss" due and confirmed to: a. Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". However, this exclusion does not include the discharge of an airbag in a covered "auto" you own that inflates due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b and A.1.c.but only: a. If that "auto" is a covered "auto" for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of $1,000 for any one `loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations subject to the following: Any Comprehensive Coverage deductible shown in the Declarations does not apply to: (1) "Loss" caused by fire or lightning; and (2) "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. CAU 058 (01 15) Includes copyrighted material of the Insurance Services Office, Inc., with its pennission. Page 3 of 4 Copyright 2015 FCCI Insurance Group. COMMERCIAL AUTO CAU 058 (01 W (3) Glass damage to the side or rear windows if the glass is repaired rather than replaced. However, no deductible shall apply to damage to the windshield cf any covered "auto" or to safety glass_ SECTION IV — BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. DuUes in the Event of Accident, Claim, Suit or Loss: This duty applies when the "accident", claim, "suit" or "loss" is first known to; (a) You, If you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability rompany B. Gonditlon 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions Is deleted and replaced by the following: S. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after "accident" or `loss" to Impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, V you unintentionally fall to disclose any hazards at the inception of your policy, we will not deny coverage under t1is coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. D. Paragraph b. of Cendition S. Other Insurance under section B. General Conditions is deleted and replaced by the following' b. For Mired Auto Physical Damage Coverage, the following are deemed to be covered autos" you own; (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto' hired or rented by your "employee" under a contract In that individual "employee's" name, with your permission, while oerforming duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", pariners (if you are a partnership), members (if you are a limited liability company), or members of their households_ CAU 058 (01 15) Includes copyrighted material of the Insurance Services OffiCe, Inc., with Its permission Page 4 of 4 Copyright 2015 FCCI Insurance Group COMMERCIAL AUTOMOBILE CAU 082 (01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY AUTOMATIC INSURED - BUSINESS AUTO POLICY PRIMARYINON-CONTRIBUTING WHEN REQUIRED BY CONTRACT This endorsement medifles insurance provided under the following; BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unlass changes or additions are indicated below. For the purpose of this endorsement, Section II.A.1. Who Is An Insured is amended by adding the following,. 1, Any person or organization when you and such person have agreed in writing in a contract signed and executed by you prior to the logs for which coverage is sought, that such person or organization be added as an "insured" on your auto policy_ Such person or organization shall be an "insured" to the extent your negligent actions or omissions impose liability on such "insured" without fault on its part. 2. This insurance is primary and non-contributory to other liability coverages of the person or organization being added to this policy as an "insured" when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. CAU 052 (01 15) Includes wpyrigMed material of the Insurance So, -vices Office, Inc., with its permission Page 1 of 1 Copyright 2018 l=CCI Insurance Group TeXaSMutuar WORKERS' COMPEN5ATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3_A_ of the Information Page. We have the rignt to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not ooerate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule Schedule 1. () Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to famish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or orgenization(s) arising out of the operations described. Advance: Premium: Included, see Information Page This endorsement charges the policy to which it Is attached effective on the inception date of the policy unless a different date is indicated below. (The following `attaching clause" need De completed only when Into endorsernem is Issued subsequent to preparation of the podgy.) This endorsement, effecthrs on 6115119 at 12.01 a.m. standard lime, forms a part of: Policy no 0001239148 of Texas Mutual Insurance Company effective on 6115/19 Issued to_ SEAN ELECTRICAL INC This is not a bill NCCI Carrier Coda: 29939 Authorized representative aft3119 PO Box 12058, Austin, TX 78711-2055 1 of 1 texasmutual.com 1(800) a59-59951 Fax (800) 359-0650 WC 42 03 04 8 5ureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain Information or make a complaint; You may call the Surety's toll free telephone number for Information or to make a complaint or file a claim at- 1-11366-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 787BG You may contact the Texas Department of Insurance to obtain information on companies coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Bax 149104 Austin, TX 78714-9104 Pax#: 512-490-1007 Web: hito:dwww.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider BCD I1 0062 13- 1 PrRrORMANCE 13OND Pnge 1 ur2 ] SECTiON 410 6213 PERFORMANCE 13OND #4436271 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS! 6 COUNTY OF TARRANT § 7 That we, Bean Electrical. Inc, , known as B "Principal" herein and 1-u T..< IA&rancc Company , a corporate 9 surcty(surctics, if more than une) duly authorized to do business in the State or Texas, iuJown as 10 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Fort worth l i Lodging Associates, LLC , authorized to do business In Texas ("Developer") and the City of Fort 12 Worrh, a Texas municipal corporation ("City'), in the renal sum of, 13 Eight Thous<1nd Ninety Eight and 1311005 Dollars (S 8,098. t3 }, 14 lawful money of -ire 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 unto the Developer and the City as dual 16 obligoes, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. Is WHEREAS, Developer and City have entered into an Vecment for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 19-0I 14 and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the day of 20_, 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 24 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 Street Lighting Improvements to Serve 26 Residence Inn Waterside. 27 NOW, THEREFORE, the condition of this obligation is such that if the said Principal za shall faithfully perrorin It obligations under the Contract and shall in all respects duly and 79 faithfully perforin the Work, including Change Orders, under the Contract, according to the plans, 30 specifications, and contract documents therein referred to, and as well during any period of 33 extension of the Contract that may be granted an the par, of the Developer andlorCity, then thus 32 obligation shall be and become null and void, otherwise to remain in full force and effect. MY OF FOR7 WORTH Street Lighting Improvctncnzs to Serve i esidtnte fnn Waterside STANDARD CITY COAD1T[ON5—DEVELOPFRAWARDEDPROJECTS J0 M Re-,i�vcd Janutry 31, 2C t? DO GP13-2 PERFORMANCE BOND Page 2 of 2 I PROVIDED FURTHER, that if any legal action be filed oa this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the NortheJn District of Texas, Fort 3 Wurth 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 an this the S I xTt+ day of Mot 9 . 20 W. t0 I1 12 13 14 is 16 17 18 19 20 21 22 23 24 25 ' - 26 2'7 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AT1 5T: III wrin' 21) Vezrliary --Mrness A t6 Prncipal WI�p+lurety Muni Rabah,liolld Account Manager PP.I-NCIPAL BY- 7 I NameandTitle Address: 821 E. Enon Avenue Tort Worth. TX 76149 SURETY: � SureTec'lrJstJra Cts t By. �~ hinny Moss, Attorney -in -Fact 1`ame Ind Title Address: 2255 Ridge Road Suite 333 Rc,rkwall, TX 75087 Telephone Number: 972-77 - 220 *dote, If signed by zn officer of the Surety Company, there must be on file a certified extract from tie 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. 1� CITY OF FORT %V0KTH %feet Lighting Improvamenls to Serve Residence Inn Waterside STANDARD CITY COMMONS - DL• VROPER AWARDED PROJECTS 10220 Rc+ised January 11, 2012 00621a-r PAYME;VT BOND Page I of 2 I SECTION as 62 id 2 PAYMENT BOND 44436271 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY Or TARRANT § 7 8 That we, 13 iin Flertrical Inc. known as 9 "Principal" herein, and SureTec Insurance Company —,2 10 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 1 t Texaq, known as "Surety" herein (whether one or more), are held and firmly bound unto the 12 Developer, Fort Worth Lodging Associates, LLC , authorized to dJ business in Texas "(Developer"), 13 .and &.e City of Fort Worth, a Tcxas municipal corporation ("City"), in the penal sum lei of _Sigh: Thousand Ninety Eiplit_aind 131100s Dollars (S 8.098.13 _ } 15 lawful money of the United States, to be paid inFort Worth, Tarrant County, Texas, for the 16 payment of which sum well and truly be made jointly unto the Developer and the City as dual 17 obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 18 and severally, firmly by these presents- 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facM ies in the City of Fort Worth, by and through a Community Facilities 21 Agreement, CFA Number 19-0114 ;and 22 WHEREAS, Principa[ has entered into a certain written Contract with Developer, 23 awarded Me _ day of , 20, which Contract is hereby 24 referred W and made a part hereof for all purposes as if fully sat forth herein, to furnish all 25 materials, egnipmenl, labor and other accessories as defined by law, in the prosecution of the 26 Work as provided for in said Contract and designated as Sneer Lighting Improvements to Serve 27 Residence Inn Waterside 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all.) payment bond beneficimy (as defined in 30 Chapter 2253 of the Texas Govcrntncnt Code, as arnendod) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effecr. CITY OF FORT WORTH Sueet Lighnng rmpmvement+io$erya Residence Inn Woterside STANDARD CITY CONDITIONS — DEVELOPER. AWARDED PIMC'; 5 102136 Revised Isnuuy31, 2C12 0067Id.2 PAYMENTBOND Page 2 ar2 1 This bond's made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as atnended, and all liabilities on this bond shall be determined. in 3 accordance wish the provisions ofsaid statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the_ 5ijcM day of 6 Mfir U14 , 20_Zg_. AT EST: r (l3rir`�iga[) ecretary itne ar to Principal PIL]itiSC1]?AL: •� Dean .� t BY: gra .ire Lg 'Namk and Title Address: 921 E. Enon Avenue Fort Worth, TX 76140 SURETY: r, 5ureTec lnsurnncdC ATTEST: BY: Signa%te — NIA 1di/urn Mcss, Attorney —in —Pact (Surety) Secretary Name and Title Address: 2255 Ridge Road 1 r Suite 333 RotRtivik:. TX 75087 Witness U to Surety Muni Rabah,Hond Account Manager Telephone Number: 972-772-7220 a 9 Note: If signtM by an officer of the Surety, there must be on file a certified extract from the 10 bylaws showing fiat this person has authority to sign such obligation. If Surety's physical I l address is different from its mailing address. both must be provided. 12 13 The date of the bond shalt not he prior to the date the Contract is awarded_ l4 t;ND OF SECTION CITY OF FORT WORTH SUcec LigHing lmpmvcmcnrs to ScrvC Rasidcncc Lrn Watarside STANDARD CITY CONDITIONS -- D15-VELOPER AWARDED PROJEM 102286 Raised January 31, 201 C or162 19 - I MAINTENANCE BOND Page 1 of) 1 SECTION 00 6219 Z MAINTENANCE BQNI) #4436271 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE, PRESENTS: b COUNTY OF TARRANT § 8 That we Bean Electrkzl, lnc. known as 9 "Principal'' herein and SureTcc ItiSUranCe Car ony a corporals surely 14 (Sureties, if more than one) duly authorized to do business in the State of Texas, known as i 1 "Surety, herein (whether one or more), are held and firmly bound unto (lie Developer, Fort Worth 12 Lodging Associates, LLC authorized to do business in Texas ("Develnper") and the City of Fort 13 Wur Ih, a Texas :municipal corporation ("City"), in tite SUrn la of E' ht71inasandNinetvFi'hLand131100s Dollars(S 8,09.8,1a L 15 lawful money of the United States, to be paid in Fort Watih, Tarrant County, Texas, for payment 16 of which sum well and truly be trade jointly unto the Developer and the City as dual obligees and 17 their successors, we bind ourselves, our heirs, executors, administra?ors, successors and assigns, 18 jointly and severally, firmly by these presents. 19 24 WHEREAS, Developer and City have entered into 1ta Agreement for the oonstrucdon of 21 community facilities in The City of Fort Wort11 by and tllrough a Community Facilities 22 Agreement, CFA Number 19-01 1 4 and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the day of , 20. which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (colleotivcly herein, 28 the "Work") as provided for in said Contract and designated as Spacer Lighting baprove»lerrls to 29 Serve Residence Inn Wafer5ide; and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) ,Years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period")- and CITY OF FORT WORTH Street Ligining tlnrrovemcnts to Serve Residence Lori W,derside ST&NDARD CITY CONDTTONS— DEVELOPER AWAKDEP PROJECTS 101286 Raw ised lanuary 31.21112 I 3 4 5 b e 9 lq 11 12 13 14 1s 16 17 Is 19 20 21 22 23 24 0062 19 - 2 MARNTC•NANCE KNO Page 2 of 3 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon rccciving notice frvin Ilic Developer and/or City of the need thereof at any time within the Mainteursnce Period, NOW THEREFORE, the condition of this obligation is such tls4t if Principal shall remedy any defective Worlc, for which timely notice was provided by Developer or City, to a eornpletion satisfactory to the City, then this obligation shall become null and void; odmi-wise to remain in full farce and effect, PROVIDED. HOWEVER, if Principal shall fail so to impair or reconstruct any timely iwticcd detective Work, it is agreed that the Developer or City may cause any and ail such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PROVIDED FURTHER, that if any legal action be filed an this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for 11-c Northern District of Texas. Fort Wurth Divisiun: and PROVIDED FURTHM thni this obligation shall he continuous in nature and Successive recoveries may be had hereon for successive breaches. MY OF FORT WORTH Street Lighting Improvememis ro Serve Rosiderwa Inn Wmteraide STANDARD CITY CONDITIONS — Dev131,DPER AWARD91) PROJECTS 102286 Rev .n d Jan'jary 31, W 12 QDW 19.3 MAKIL•NANCE BOND Page 3 or 1 IN 1WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this tho 51 r01 day of frku+ 3 , 2020 . 5 6 7 8 9 10 , 11 ATTEST_ r 12 14 (P-inuipa) Sactatary 15400 1G 17 16, 20 - Witness Mto Pr`nai a: - 21 ' 22 23 24 21 26 27 28 29 ATTEST: 30 31 NIA PRINCIP ectntc c.n BY.1 - t� tgnature� so T� ?,Amt and Title Address, 821 E. Enon Avenue Fort Worth, TX 76140 SURI~TY. SureTec Insurance Corn s .41 BY• `�5ig 'turn nn Moss, Attorney -in -Fact Nainc and Title Addros9:. 2255 Ridge Road 32 (Surety) Secretary Suite 333 33 _ ocicwall. TX 75 7 34 35 Witnes tc Surety Tclephone Number: 72-772-7220 36 Muni Rabah, Bond Account Manager 37 *Note: if signed by an officer of the Surety Company, thare must be on file a certified extract 3R from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided, 40 41 The data of the bond shall not be prior to the dote the Contact is awarded. 42 CITY OF FORT WOM Strea Lighting Improvements to Serve Residence Tnn Waterside STANDARD CITY CONDMONS --DEVELOPER AWARD GO PRO1L-CTS 102256 Revised January 31, 2912 P4A1►t 4221049 SureTec Insurance Company LBUTED POWER OF ATTORNEY Know All Men by rhese Presenfs, Tllat SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Flouston, Harris County. Texas, does by these presents make, constitute and appoint Tony Fierro, Jay Jordan, Johnny Moss, Steven W, 5earcey, Robert J. Shuya, Mistle Beck. Jeremy Barnett, Robert G. Kanuth, Jade Porter, Jennifer Cisneros, Jarrett Willson, Jack Nottingham its true and lawful Attorney -in -fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, reeognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00l100 Dollars ($5,000,000.00) and to bind the Company theraby as fully and to the same extent as if such bond were signed by the CEO, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confriniog all that the said Altorrley-in-Fact may do in the premises. Said appoL-itment is trade under and by authority of the `allowing resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall 'ae and is hereby vested with foil power and authority to appoint any one or more suitable persons as Attomey(s)-in-fact to represent and act for and on behalf of the Company subject to the roltowing provisions: Arzorney4n-Fact may be givrzi full puwei and autliai ity for and in the nanic of and of behalf of the Company, to execute, ackuowledge mid deliver, any arrd all bonds, recogniznnccs, conumots, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company% liability hereunder, and any such instruments so executed by any such Artomny-in-Fact shall he bineing upon the Company as if signed by the President and scaled and effcoard by the Corporals Sccrctary. Be it Resolver' that the signarue of any authorized officer and seat of the Company heretofore or hereafter affixed to any powtir of attertcy or any cartificee relating thereto by facsimile, and any power of artorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted ar a meeting 1w(d on 204 ofl.pril, l999.) rn YYlfness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its CEO, and its corporate seal to be hereto affixt:d rhi5 27tn day of fu,pust , A,p, 20i8 . 9URETEC - CE PANY Cw w ;'a+ John Jr., C C State of Texas ss: L� -� r County of Harris x Dn this 27th day o" August , A.D. 2oia before me persondly came John Knox I.., to me (mown, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is CEO of SURETCC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said insL-ument is such corporate seal; that it was so affixed by order of the Board ofDirectors of said Company; and that he signed his name thereto by like order st tan _ � fir: _,•.� `,..�.�ie; � �•I;i•2i,i''� l r ?fie nvi • Notary Public: --¢„�,�, uurtunissiun expires 5epteruber 1 , 2020 I, M. Brent Beaty, Assistant Saoretary of SURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is Still in firil force and effect: and Furthermore, the resolutinns nfthe Anard of Dimurrim, set nut in the Power of Attorney are ir, full farce and effect. Given under my hand and the seal of said Company at Houston, Texas this day of A A-D. 9V Br f eaty, Assi Cant Secrets Any instrumsnt Issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this poweryou may call (713) 812-0500 any business day between 6:30 am and 5.00 pm CST, 0062 13- 1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 62 13 Bond No. 1077890 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Rumsey Construction, LLC , known as 8 "Principal" herein and Hanover Insurance Company , a corporate 9 surety(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, 1 1 Fort Worth Waterside Lodging Associates, LLC cro Raymond Management Go., Inc. authorized to do business in Texas 12 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the penal 13 sum of, Thirty Eight Thousand Three Hundred Five & no1100-- Dollars 14 ($ 38,30&00)--------- -- ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made jointly unto the 16 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 17 successors and assigns, jointly and severally, firmly by these presents. 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number 19-0114 and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 29th day of April , 20 20 , 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 24 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 Sewer and Street Lighting Improvements to 26 Serve Residence Inn Waterside. 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 faithfulIy perform the Work, including Change Orders, under the Contract, according to the plans, 30 specifications, and contract documents therein referred to, and as well during any period of 31 extension of the Contract that may be granted on the part of the Developer and/or City, then this 32 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102286 Revised January 31, 2012 006213-2 PERFORMANCE BOND Page 2 of 2 1 PROVIDED FURTHER, that if any legal action be 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 4th day of 9 May 20 20 . 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 46 47 ATTEST: (Principal) Secretary Witness as to Principal _LL � P A-,, Witness as to S ety PRINCIPAL: Rumsey Construction, LLC BY: Signature Name and Title Address: 4329 Reeder Drive Carroliton, TX 75010 SURETY: Hanover Insurance Company BY: J Signature All son Dean, Attorne -in-fact Name and Title Address: 12700 Park Central Drive, Suite 1440 Dallas, TX 75251 Telephone Number: 214,221,8300 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102286 Revised January 31, 2012 00 62 14 - 1 PAYMENT BOND Page 1 of 2 Bond No. 1077890 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Rumsey Construction, LLC known as 9 "Principal" herein, and Hanover Insurance Company , a 10 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 11 Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the 12 Developer, Fort worth Waterside Lodging Associates, LLC c/o Raymond Management Co., Inc. , authorized to do 13 business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation 14 ("City"), in the penal sum ofThirty Fight Thousand Three Hundred Five & no/100--- Dollars 15 (S 38,305.00--- --------- ), lawful money of the United States, to be paid in Fort Worth, 16 Tarrant County, Texas, for the payment of which sum well and truly be made jointly unto the 17 Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, 18 successors and assigns, jointly and severally, firmly by these presents: 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth, by and through a Community Facilities 21 Agreement, CFA Number 19-0114 ;and 22 WHEREAS, Principal has entered into a certain written Contract with Developer, 23 awarded the 29th day of April , 20 20 , which Contract is hereby 24 referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 26 Work as provided for in said Contract and designated as Sewer and Street Lighting Improvements 27 to Serve Residence Inn Waterside 28 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 29 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 30 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 31 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 32 force and effect. CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102286 Revised January 31, 2012 1 2 3 4 5 006214-2 PAYMENT BOND Page 2 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 statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 4th day of 6 May 7 8 9 10 11 12 13 14 20 20 PRINCIPAL: Rumsey Construction, LLC ATTEST: BY: Signature (Principal) Secretary Name and Title Address: 4329 Reeder Drive Carrollton, TX 75010 Witness as to Principal SURETY: Hanover Insurance Company ATTEST: BY: 64�(-k� Signature NIA Allyson Dean, Attorney -in -fact (Surety) Secretary Name and Title Address: 12700 Park Central Drive, Suite 1440 Dallas, TX 75251 Witness as to Surety Telephone Number: 214.221.8300 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS 102286 Revised January 31, 2012 0062 19 - 1 MAINTENANCE BOND Page 1 of 3 I SECTION 00 62 19 Bond No. 1077890 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Rumsey Construction, LLC , known as 9 "Principal" herein and Hanover Insurance Company , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as I 1 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, - 12 Fort Worth Waterside Lodging Associates, LLC cto Raymond Management Co., Inc. , authorized to do business in Texas 13 ("Developer") and the City of Fort Worth, a Texas municipal corporation ("City"), in the sum 14 of Thirty Eight Thousand Three Hundred Five & no/100-Dollars ($ 38,305.00)----- ---- ), 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 16 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 17 their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, 18 jointly and severally, firmly by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 21 community facilities in the City of Fort Worth by and through a Community Facilities 22 Agreement, CFA Number 19-0114 and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 29th day of April , 20 20 , which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law, in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as Sewer and Street Lighting 29 Improvements to Serve Residence Inn Waterside; and 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans, specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102286 Revised January 31, 2012 006219-2 MAINTENANCE BOND Page 2 of 3 1 2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 3 upon receiving notice from the Developer and/or City of the need thereof at any time within the 4 Maintenance Period. 5 6 NOW THEREFORE, the condition of this obligation is such that if Principal shall 7 remedy any defective Work, for which timely notice was provided by Developer or City, to a 8 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 9 remain in full force and effect. 10 11 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 12 noticed defective Work, it is agreed that the Developer or City may cause any and all such 13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 14 by the Principal and the Surety under this Maintenance Bond; and 15 16 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 17 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 18 Worth Division; and 19 20 PROVIDED FURTHER, that this obligation shall be continuous in nature and 21 successive recoveries may be had hereon for successive breaches. 22 23 CITY OF FORT WORTH sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102286 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 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 4th day of May 3 , 2020 . 4 5 PRINCIPAL: 6 Rumsey Construction, LLC 7 8 9 BY: 10 Signature 11 ATTEST: 12 13 14 (Principal) Secretary Name and Title 15 16 Address: 4329 Reeder Drive 17 Carrollton, TX 75010 18 19 20 Witness as to Principal 21 SURETY: 22 Hanover Insurance Company 23 24 + 25 BY: 26 Signature 27 28 Allyson Dean, At orney-in-fact 29 ATTEST: Name and Title 30 31 N/A Address: 12700 Park Central Drive, Suite 1440 3 (Surety) Secretary Dallas_ TX 75251 33 34 35 itne s urety Telephone Number: 214.221.8300 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH Sewer and Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS 102286 Revised January 31, 2012 THE HANOVER INSURANCE COMPANY MASSACHUSETTS SAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA YV VVr-K yr A f I UKIU: r THIS Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing underthe laws of the State of Michigan, (hereinafter individually and collectively the "Company") does hereby constitute and appoint John R. Ward, Douglas Moore, Emily Mikeska, Eva O. Limmer andlor Allyson Dean Of Ward & Moore Insurance Services LP of Dallas, TX, Gatesville, TX and Temple, TX each individually, if there be more than one named, as its true and lawful attorney(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, recognizances, 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 No/100 ($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 it acts, to execute and acknowledge for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, waivers of citation and all other writings obligatory in the nature thereof, with power to attach thereto the seal of the Company. Any such writings so executed by such Attorneys -in -fact shall be binding upon the Company 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 Attorney and 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. (Adopted October 7, 1981 — The Hanover Insurance Company; Adopted April 14, 1982 — Massachusetts Bay Insurance Company; Adopted September 7, 2001 — Citizens Insurance Company of America) IN 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 4n, day of April, 2018. The Hanover insurance Company Na55a Chusetfs Bay Insu�ance Company Citizens Insurance Company of America t049 I9o4 � Ii71 John C. Roche, ENT and President THE COMMONWEALTH OF MASSACHUSETTS ) COUNTY OF WORCESTER ) ss. The Hanover Insurance Company Massachusetts Bay Insurance Company Citizens Insurance Company of America - � -44 James H. KaRiecki. ESce President On this 4th day of April, 2018 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 signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. DIANE J. 1MNIMO Fleury PurtMa p]`rAeln RM �IFMpFI FFy Ca11Y11iraieil �peFl Flra 4. lilMli Piauc Jo. N„iap hl,h 20-22 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 Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts, this 1 T1-- day of %VLll-� , 2020 CERTIFIED COPY /�_I Theodore G. Martinez, Vicc President Hanover insurance Group - 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 Texas Complaint Notice Commercial Lines AVISO IMPORTANTE Para obtener information o para someter una queja: Usted puede Ilamar al numero de telefono gratis de The Hanover Insurance Company/Citizens Insurance Company of America's para information o para someter una clueja al: 1-800-608-8141 You may also write to The Hanover Insurance Company/ Usted tambien puede escribir a The Hanover Insurance Citizens Insurance Company of America at: Company/Citizens Insurance Company of America al: 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. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 440 Lincoln Street Worcester, MA 01615 Puede comunicarse con el Departamento de Seguros de Texas para obtener information acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection*tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la com- pania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de information y no se convierte en parte o condition del documento adjunto. The Hanover Insurance Company 1440 Lincoin Street, Worcester, MA 01653 181-1457 uv" P.U. i of 1 citizens Insurance Company of America 1808 North Highlander Way, Howell, MI 48843 hanover.com CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 201 b STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology.......................................................................................................... 1.01 Defined Terms...............................................................................................................................1 1-02 Terminology--.....................•................................................................................................... 6 Article2 Preliminary Matters........................................................................................................................ 2.01 Copies of Documents............................................................. ,...................................................... 7 2.02 Commencement of Contract Time; Notice to Proceed................................................................ 7 2.03 Starting the Work..............................................,.............................-................................----..... 8 2.04 Before StartingConstniction....................... .:........•--.-------------......---.................................---...,...8 2.05 Preconstruction Conference...............................................................:.......,.................................. 8 2.06 Public. Meeting............................................................................................................................ 8 2.07 Initial Acceptance of Schedules ............ ............... .................. ................................... ............... ..... 8 Article 3 — Contract Documents: Intent, Amending, Reuse...,........................................................................8 3.01 Intent ................................ ......................... ....................................... ................................ .............. 8 3.02 Reference Standards .......................... ................. ...................... ,................................................. ... 9 3.03 Reporting and Resolving Discrepancies........... ........ I ....... 11 .......................................................... 9 3.04 Amending and Supplemcnting Contract Documents.................................................................1.0 3.05 Reuse of Documents..............................................................,.•-.......... .............. I ..................... 10 3.06 Electronic Data ......... ............. .................... ........................... .------------------- ....... ..........___ . I I Article 4 —Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Condidons; Reference Points ......... ..............................................................................._...........11 4.01 Availability of Lands.................................................................................................................. 11 4.02 Subsurface and Physical Conditions ................... ..-.......................................................... ._.......12 4.03 Differing Subsurface or Physical Conditions............................................................................. 12 4.04 Underground Pacilitics....»................................................................................................�.....�.. 13 4.05 Reference Points ...... ................. ......... .................. ................. ,.,............................. I ............... .....14 4.06 Hazardous Environmental Condition at Site--,.,--. ............................. . ...... ....................... ....... 14 article5 — Bonds and Insurance............................................................................................,........................ 16 5.01 Licensed Sureties and Insurers................................................................................................... 16 5.02 Performance, Payment, and Maintenance Bonds...................................................................... 16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................ 18 5-05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6 — Contractor's Responsibilities......... 6.01 Supervision and Superintendence CITY OF rORT WORTH STANDARDCONSTRLCTIDN 5PECIMCAMN COMMENTS Revision: Pcbmv2,2016 ................ .......................... ......... ...... I ....................... .... 19 ...................................................................................... 19 6.02 Labor; Working Hours................................................................................................................ 20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or -Equals".... ... .... I ............ ........................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others ... ................................... ............................. 24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes.............................................................................. ........ ................................. . ......................28 6.12 Use of Site and Other Areas ............................................. :............ :............................................ 28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .......................................... .:................................................. 30 6.17 Emergencies and/or Rectification............................................................................................... 30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee.......................................................................... 32 6.21 Indemnification.................................................................................................•.......................33 6.22 Delegation of Professional Design Services..............................................................................34 6,23 Right to Audit.......................................................................................................................... 34 6.24 Nondiscrimination.......................................................................................................................35 Article 7 - Other Work at the Site.................................................................................................................. 35 7.01 Related Work at Site..................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8 - City's Responsibilities................................................................................................................... 36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data.............................................................................................................................36 8.03 Pay When Due............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders...................................................................................................................36 8.06 Inspections, Tests, and Approvals.....................:........................................................................36 8.07 Limitations on City's Responsibilities....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program ................................. _........................................................... 37 Article 9 - City's Observation Status During Construction........................................................................... 37 9.01 City's Project Manager............................................................................................................ 37 9.02 Visits to Site... ........................ ........................................................ _ ........................... .............. 37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work.......................................................................................................... 38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fe6ruary2,2016 Article 10 - Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work........................................................................................... 39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process...._.. ................................................................................................... 40 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41 11.01 Cost of the Work..................................................................••.....................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work.......................................................................................................................... 44 11.04 Plans Quantity Measurement...................................................................................................... 45 Article 12 - Change of Contract Price; Change of Contract Time................................................................. 46 12.01 Change of Contract Price............................................................................................................ 46 12.02 Change of Contract Time........................................................................................................... , 47 12.03 Delays..........................................................................................................................................47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects ......................................................................................................................48 13.02 Access to Work........................................................................................................................... 48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work ..................... ..................................................................................... _49 13.06 Correction or Removal of Defective Work................................................................................ 50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work.................................................................................................. 51 13.09 City May Correct Defective Work.............................................................................................51 Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values...............-............................................................................................... 52 14.02 Progress Payments...........................................................................................•.......................... 52 14.03 Contractor's Warranty of Title................................................................................................... 54 14.04 Partial Utilization........................................................................................................................ 55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................ 56 14.09 Waiver of Claims........................................................................................................................57 Article15 - Suspension of Work and Termination... ..................................................................................... 57 15.01 City May Suspend Work............................................................................................................. 57 15.02 City May Terminate for Cause .............................................. _............................................. 58 15.03 City May Terminate For Convenience........ .......... I ........... o ...................................... 6 ............. 60 Article16 - Dispute Resolution...............................................................................................................I...... 61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: rcbn=y2,2016 Article K7-Miscellaneous ................................................................... ............. l7.0l Giving Notice .................. ............................................................... 17]02 ComputationofTimes-........................................................... ~- l7(}3 Cumulative Remedies --- ...................... ----............... ................. l7]}4Survival nf Obligations... ........... ................................................. 17J05 Headings -.-~-.'---------'—'—^------^----- CITYorFORTWORT« STANDARD CONSTRUCTION Srccm«CAnnwDOCUMENTS ^-`---~'~^^'~^^--`62 ..........................................6Z __~_____~,_^_~,,'_62 ..................0Z .......................................... 63 ^~'-'^'^-^''~..~~^^^^~63 0072CO.1 GENERAL CONDITIONS Page 1 eF63 ARTICLE I — 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. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement ---The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment —The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. 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, 5. Aw d—Authorization by the City Council for the City to enter into all Agreement, 6. Bid --The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. i. Bidder ----'11w individual or entity who submits a Bid directly to City. 8. Bidding Documems—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form; if any, and the Bid Form with any supplements. 10. Btrsines.5 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. 11. Buzzmv — City's on-line, electronic dDCurnant management and collaboration system. 12. Calertu'ar Day — A day consisting of 24 hours measured from midnight to the next midnight. C11'YOF FORT WORTH STAND ARDCONSTRUCTION SPECIFICATION DOCUMENr5 Remion: FebrUON2,201F) 0072CO-1 GENERAL CONDIT]0 %15 fte2 aCG3 13. Change Order --A document, which is prepared and approved by the City, which is signed by Contractor And City and authorizes an addition, deletion, or revision in the Work or an adjusttrtcnt in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City-- The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. Cily Afturney— Thu officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. lb. City Cguneil - The duly elected and qualified eoverning body of the City of Fort Forth, Texas. 17. City Manager — The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Clain —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time. or both. or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contraul—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals; and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price --The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, ifany and (ii) complete the Wurk so that it is ready for Final Acceptance. 23. Contractor --The individual or entity with whom City has entered into the Agreement. 24. Cost of the U,'ork--See Paragraph 11.01 of these General Conditions for definition. crry of Fear WORT H STANDART)COMSTRUCTION SPECIFICATION DOCUMENTS Rcvisiar Fdxuerv2.2015 OG;200-I GENERAL CONOITIONS Page 3 of 63 25 Dninage Claims — A demand for money or services arising from the project or Site from a third party, City or Contractor exclusive of Contract Claim. 26_ Dqy or day — A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Avialion — The officially Appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Plonning and Development — The officially appointed Director of the Planning And OnveloPnnent Department of the City of Fort Wnrth, Texas, or his duly appointed representative, assistant, or agents. 30Director of Tiwnsparrolfon Public K'arks — The officially appointed Dimulor of the Transportation Public Works Department of the City of Fort Worth, 'Texas, or his duly appourted representative, assistant, or agents, 31. Director of R(oter Deparlrnent — The officially appointed Director of the Water Department of the Cit);of Fort worth, Texas, or his duly appointed representative, assistant, or agents. 32. 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. 33. Effective 1Drrle of'the Agreement —The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it nieans the date on which the Agreement is signed andd delivered by the last of the two parties to sign and deliver. 34. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Lxo-a Work — Additional wont made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order— A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Ordcrs arc paid from Field Order Allowances incorporated into the Contract by filndcd work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. crry 017 FORT WU1iTFi STANDARD CONSTRUCTION SPECIFICATION DOCU1,1121,14T5 Ruvimon:F6ru '2,2b1b 00 72 CU - I GENERAL CON OITIJN5 Paged af63 38. 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. 39. Genera! Requirements —Sections of Division l of the Contract Documents. 40. Hazardous Environmental Condrltorr—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41- Mazardous Waste —Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to Lime. 42. 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. 43, Liens —Charges, security interests, or encumbrances upon Project funds. real property, or personal property. 44, '"`afar Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%oFthe original Contract Price or $25,000 whichever is less. 45, Milesione—A principal event specified in the Contract Documents relating to an intermediate Contract Time prier to Final Acut'ptanC;: nflhe Wr.Irk, 46. A'oiice of'.Award--The written notice by City to the Successful Kidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PC& —Polychlorinated biphenyls. 49. Pelroleat n—Petroleum, including crude oil or any traction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil; petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 50. Plans— See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRtICTION SPECICTCATION DOCIINIrNTS Revision: Fdxuary2,2016 007200- I GENERAL CONDITIONS Page of63 51. 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. 52. Project —The Work to be performed under the Contract Documents. 53. Project Manager The authorized representative of the City who will be assigned to the Site. 54. Public Meeting — An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. 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. 58. 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. 59 ,Schedule of Values —A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site —Lands or areas indicated in the Contract Documents as being furnished by City 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 which are designated for the use of Contractor. 61. 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. 62. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febalary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 6 of 63 63. 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. 64. Successful Bidder —The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65, Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 67. 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. 68. 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. 69. Unit Price Work —See Paragraph 11.03 of these General Conditions for definition. 70. 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. 71. 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 Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. 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.E through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehmary 2, 2016 007200-] GENERAL CONDITIONS Pap 7 or6a The Contract Documents include the terlTls "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable." "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defeclive. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory, faulty, or deficient in that it: a, does neat uunform 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- D . Furnish, Install, Pelybrm, 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 therLvf, shall mean furnishing and incorporating in the. Work inrhuiing all npre:snry labor, materials, egiiipment, and eveDthing necessary to perform the Work indicated, unless specifically limited in the context used. L. Unless srated 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. ARTICLE 2 — PRELLVli11tiARY MATTERS 2.01 Copies of Documents City shall fumish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents; and four (4) additional copies of the Drawings. Additional copies will he furnished upon request at the cost of reproduction. 2.02 Corr mencemenf ufConlract Time; Nu[ice try Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at anytime within 14 days after the Effective Date of the Agreement. CRY OF FORT WORtk STANDARDCONMUCTJON SPEiCIFICATION DOCUMENTS Rension: Feliw 2,201b 00 72 00 - 1 GENERAL CON 0171DN5 Pagc B o163 103 Starling the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run, No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starling Constenchon Baseline Scheehiles: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruclion Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Pubttc .kfeeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedeales No progress paymcnt shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by ull. B. It is the intent of the Contract Documents to describe a finctionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being rcquircd to produce the indk=4 result will be provided whether or not specifically called for, at no additional cost to city. C. Clarifications and interpretations of the Contract Documents shall be issued by City. b, The Specifications may vary in form, format and style. Some Specification sections may be written in varying degtees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types ofprovisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDAROCONSTRUCTIDN SPECIFICATION DOCUMENTS Rcvman: Fcbnxiry2,2016 OC 72 DO. 1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form. format or style in malting Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Spociftcations. Codes, Laws; and Regulations ]. Reference to standards, specifications, manuals. or codes of any technical society, organization, or association. or to Laws ur 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 L-ffective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard. specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any at- their subcontractors, consultants, agents, or employees. from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers. directors, members. partners, employees, agents, consultants, or suhcontractors. any duty or authority to supervise or direct the performance of the Work or any duty authority to undertake responsibility iriconslstent with the provisiotas vf the Cul AILic t Documents. 3.03 Repo rfingand Resolving Discrepancies A. ReporfingDiscrepancies: Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shal I carefully study and compare the Contract Documents and check and verity pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any coniliel, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contracior's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier. then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paracraph CITY OF PORT WORTH STANRARDCONTMUCTIONJ SPFCIFICATION DOCUMENTS RL'ViOEM FeEmgry2.201Fi 00 72 00 - 1 GENERAL CONDITIONS Page 10 ol'63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 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 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 Tillie, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORTWORTH 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 0072CO- I GENERAL GCNUITIONS hgc I i of61 B. The prohibitions of This Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purpuscs. 3,06 Eleoironic Data A. Unless othenvise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Conttaot Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Filcs in electronic mcdia format of (ext. data, graphics, or other types are furnished only for the convenience of the receiving palsy. Any conclusion or information obtained or derived fi•om such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B, When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting *om the use of software application packages. apeTating systems, or computer hardware dif&ring from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availabithy of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or mstvictions not of general application but apceifieally related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a tirnely maruier and pay for casements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition or and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Sctedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or casements. 2_ The City has or anticipates removing, and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract l>ocurnents must consider any outstanding utilities or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal tittle and legal description of the lands upon which the Wort: is to be performed. cn'Y or rORT WORTH STAMDARD CONSTRUCTION SPECIFICATION MCUMF—NTS Revision. rvbras,2.2016 00 72 00 - 1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2, is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2,2016 oc7zoo-I GENERAL CONDITIONS Pusc 13 of 63 then Contractor shall, prompt[y after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emcrgoncy as required by Paragraph 6.17.A), notify City in writing about such condition, B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time iE 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site: or 3_ Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. .Shouln or Indicated, The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1, City And Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2_ the cost of all of the fallowing will be included in the Contract Price, and Contraclor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated• ] . If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or bidicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT LYORTII STANDARD CONSTRUMON SPECIFICATION DOCUMEN75 Rev isimi: Fcbnmry 2, 201 G 007200- 1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the full cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Feb imy2,2016 oa7_cx;-i GENERAL GUNDITIDNS Page i 5 a ° 63 construction to be employed by Contractor and safety precautions and programs incident thereto: or 2, other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings: or 3. env Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revcaled at dw Site which was not show[) Ur indicated in Drawings or Spmilications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by C`.nntractor; Cuhcnntractnrs, Suppliers, or anyone else for whnm C oniraclor is responsible- D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition: (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing)_ City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any atfi;cted area is or has b=n Ierldeicd suitable for the resumption of fork; or (ii) specifying any special conditions under which such Work may be resumed_ R if after receipt of such written notice Contractor does not agree to resurne such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fdlest extent permitted by Laws and Regulations, Contractor shalt indemnify and hold harmless Chillfrom and against all elahns, costs, losses, and damages (including but not linrited to all foes and charges of engineers, architects, attorneys, and other prgfessionals and all court or arbitration or other dispute resolution cos(s) arising out of or relaring to a flarardorrs Environmental Condition creased by Contracror- or by on for whom Contractor is responsible. Nothing in this Paragraph 4.06G shall oNtgate Contractor to inde»tnfi any individirai or entity from[ and against the consequences of that individual's or entity's own negligence. Id. The provisions of Paragraphs 4.02, 4,03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CITY OF FORT V4'GIVM s,rANDARDCON5TtiUCT[oI~ SPECIFICATION DOCUMENTS Revision: Febuaryl2016 072C0-1 GENERAL CONDITI04S Page 16 nF(A ARTICLE 5 -- BONDS AND INSURANCE 5.01 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 cvveragcs so required. Such surety alid insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Pay,nrerat, rind Maintenance Bonds A. Contractor shall furnish performance and payi-Mit bonds, in accordance with Texas Governnu:nt 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 Mcuments_ B. Contractor shall furnish maintenance bonds 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 iist of -Companies Holding Certificates of Autlivrity as Acceptable Sureties on Federal [3onds 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 accompaniers by a sealed and dated power of attorney which shall show that it is cffcctive 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 5.02.C, Contractor shall promptly notify City and shall, within 30 days aver the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Cerr ficates of Insurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary C cinditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. I. The certificate uCirlsutanr�e stiall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febury2,2015 00 72ac - GtNERAL CONDITIONS P4ge 17 of 63 ?. 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. ;. The certificate shall be signed by an agent authorized to bind coverage u,I 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-: Vll in the current A. Ml 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. 3. All applicable policies shall include a Waivor of Subrogation (Rights of Recovery) in favor of the City. In addition. the Contractor agrees to waive all rights of subrogation against tite Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. 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. 7. 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. 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_ 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%. 10. Any self -insured retention (SIR), in excess of $25,000,00, allf i:ting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF PORTWORTII STANDARDCDNTMUCTION SPECIFICATION DOCUM NTS Revision FdruPjy2,2n1fi 007200.1 GENERAL CONDITIONS Page 18 o163 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. 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. 12. 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. 13. 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. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 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. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbvary2,2016 00 72 00 - 1 GENERAL CON 01-IONS Page 19oFS3 insurance or self-insurance programs afforded to the City. The Commercial Gencral Liability policy, shall have no exclusions by endorsements that would alter of nullify premisesioperations. products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 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 (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined us autos Owned, hired and non -awned 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 oftham may be liable. Q. Railroad Protecove Liability. if any of the work or any warranty work is within Lhc limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions, E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other toss 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, 5.05 Acceptance of Bonds rind Insururu:e, 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 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 City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the 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 6 — CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Srrperintendenve 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 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods: techniques. sequences, and procedures of construction, CITY OF FORT WORTH STANDARD CONSTRUCTION St'ECIMATION DOCUMENTS Revision: RbnnrA2i-16 007200- 1 GENERAL CONDITIONS Page 20 of 63 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. 6.02 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 he 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. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 DO 72 OC - I GENERAL CONDITIONS Page 2'. of 63 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. D_ All items cf standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 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 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 01 32 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article l2. Adjustrnem$ in Contract Time may only be made by a Change Order. 6.05 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_ i. "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 rase re -vie", and approval of the proposed item may, in Cily's sole dlscrc[iori, be accomplished without compliance with some or rill of the requirements for approval of proposed substitute items. For the purposes of this Faragraph 6.05.A.1. a proposed item of material or equipment will be considered functionally equal to an item so named If: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance: strength, and design characteristics; CITY OF FORT\VOMI STANDARD CONSTRUCTION SPECIFICATION DOCUMIET5 Rcviwan: Febury2,21016 00 72 00 - 1 GENERAL CONDITIONS Page22 of63 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 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 6.05.A.1, it may be submitted as a proposed substitute item. 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: l) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) 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; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February 2, 2016 007200-1 GENERAL CONDITIONS Page 23 or63 c) 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: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 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 6.05.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 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is cumplete, 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 6.05.A.2 and 6.05.13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febuary2,2016 OG 72 40 - e GENERAL COND17ION$ Page 1.4 or 63 G. city Substiture ReimbursemeW. Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. 11. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, 5upplier, or other individual or entity, wticthcr initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractots, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the Tull and equitable participation by Minority Business Enterprises (! BE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: I _ Contractor shall, upon request by City, provide complete and accurate information regarding actual work perforted by a MBF, on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE 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 andlor examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance. with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not lcss than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcunlraclors, Suppliers. and other individuals or entities performing or furnishing any oi' the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARPCONSTRUCRON SPECJPICATJUJt DOCUMENTS Reurnon Fe6ruftjy:,2(116 007200- 1 GENERAL CONDITIONS Page 25 of 63 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. F. 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. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. 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 the Contract Documents for the benefit of City. 6.07 Wage Rates A. Ditty 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 acenrrlance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 D07200.1 GENERAL CONDITIONS Page26 o1'63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation oC 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 co arbitrate under this section do not agree on an arbitrator before the I 1 th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a patty in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court ofeornpetent jurisdiction. E. Records ro be ,kfaintained. The Contractor and each Subcontractor shall, for a period orthree (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract, and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6 23, Right to Audit, shall pertain to this inspection, F. Prop-ess 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 andlor shall otherwise require all of its Subcontractors to cornply with Paragraphs A through G above. 6.08 Patent }gees and Rovahies A. Contractor shall pay all license fees and royalties and assurne all costs incident to the use in the performance of the Work or the incorporation in the Wurk of any invurition, design, process, product, or device which is the subject, of patent rights or copyrights held by others. if a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others, B. To the fullest extent permitted by Laws and Repdations, Contractor shall h7derrurify and hold harmless City, froin and against all clams, costs, los`cs, and damages (including brcl nor lindted to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbr`tration or other dispute resoJulion costs) arising out of or relating to any infringement of patent rights or copyrights incident to the rise in the per%rmance of the Work or resulting front CITYOF FORT WORTH STANDAKDC0NMVC'1'1OV SPECIFICATION DOCUMENTS Revision rvbrpery3,0015 007200- 1 GENERAL CONDITIONS Page 27 or63 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, In obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmry2,2016 00 72 00 - 1 GENERAL CONDITIONS Pagc 2 4 of 53 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 3.02. C_ Changes in Laws or Regulations not known at the time of opening of [aids having, an effect on ncc cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu ofthe Lax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, And any other applicable rulings pertaining to the Texas Tax Godc, Subchapter H. 13, Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division CnrimI Station Austin, TX 78711; or ?, http;►, xw.winsi_9w.date.tx.Issltaxinfo/ta-xforms/93-fojm,;.htrnl 6.12 Use of Site and 01her Arens A. Limitarion on Uw of Site and OfherAreas. 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 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, I 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. CITY OF FORT WORTH STANDARDCONSTRUCT [ON Sr-ECIMCATICN DOCUMUNTs Revision: F_kxua ryZ 2016 007200- 1 GENERAL CONDITIONS Page 29 of 63 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 6.21, 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, 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 the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. 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 nut 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. 6.13 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 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. 6.14 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebmW2,2016 nczaa1- ; GENERAL CONDITIONS Pare 30 of 63 take all necessary precautions for the safety of, and shalt provide the necessary protection to prevent damage, tlljllry or loss to: l . 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, nr In the protection of persons or property from damage;, injury, or loss; and shall croct and maintain all necessary safeguards for such safety and pn-itection. Contractor shall notify owners of adjacent property and of Undcrgrciund Facilities and other utility owners when prosecution of the Work Ittay 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. C. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 causal, directly -or indirectly, in whole or in part. by Contractor, any Subcanlravtur, Supplier, or any other individual or entity directly or indirectly employed by any of them to perforirl any of the Work, or anyone for whose acts any ofthern 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. 6.1 S Sufery Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard CommuniccttiM Programs Contractor shall be responsible; for coordinating any exchange of material safety data sheets or other harflyd cnmmunication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulntinns- 6,17 Emergencies ari&6r Rectificahol, A. In emergencies affecting the safety or, protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage. injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY of SORT WORTV STAND ARpCONSTRUCTION 5PECIFICATrON DOCLr ENTS Rev,skruv felnwy2,201G 007200- 1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 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 6.18.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 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehruary2,2016 04 72 DQ - I GENERAL CONDITIONS Page 32 or 63 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 wili be at the sole expense and responsibility of Contractor C. City's Review: 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, Aer 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 Projcct as a functioning whole as indicated by the Contract Documents. �. 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 thl: Contract Documents) or to safety precautions or programs irlc.ident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item fttnctions, 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 orthe Contract Documents. 6.19 C'ontintring the hark Except as otherwise provided, Contractor shall carry on the Work and adhere to the Project Schedule during all disputes or disagreements with City_ No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 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 deflective. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FctnkW2,2D16 oa;20a-t GENERAL CCNDITIONS Page 35 iD B3 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. Nonc ofthc following will constitute an acceptance of Wort. chat 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; I . observations by City; 2. recommanclntion or payment by City 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 Submittal by City; 6. any inspection, test, or approval by others; or 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 5,02.3, The City will give notice ofobserved defects with reasonable promptness. 6.21 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.INTENLIER TO r IZOP1051 d[!] A Y. l 35 fJ-1u I.•[H al•WOIa I1►iG1 1111lik" i s WAV as:t aLIMIXu.I in"" II: u t► I , provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending Against such claims and muses of actions. d, 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 ull 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. CITY OF FORT WOR74 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision- Femmry2.2016 0CP'2 YX - GENERAICOND;TIDNS I'agc 34 a' O� kyj 4 4 ► i 6,22 Delegation of Professional Design Services A. Contractor will not he 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 respousibilities 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 bt: pwvideal 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 certitied by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. 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 6,22. City's review and acceptance of design calculations and design drawings will be only for Elie, 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 6.18.C, 6.23 Right to Audit A. 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 Ilia City shall have access during Regular Working Flours 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. B. 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 CITY OF rore'WORTH STANDARD CONSTRUCTION SMC]FICATION DOcuMEwrs Rev isio it Fetnay2, 20 i E 00720a• I GENERAL CONDITIONS Page 15of63 Subcontractor facilities, and shall he 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. C. 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 afthetime copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in pant with Federal financial assistance awardcd 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 47, C;W 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. ,ARTICLE 7 — OTHER WORK AT THE SITE 7.41 Related ff"ork at Site A. City may perform other work related to the Project at the Site with City's cmployces, or other City contractors, or through other direct coniraots 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 intrnduction 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 lrrork that may be required to properly connect or otlicrwise make its several pans come together and properly intel"Le 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 will, Contractor's Work except for latent defects in the work provided by others. CITY Or RORT IVORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RastsLOn: Rhia}'2,2016 0C 72 00 - I GENERAL CONDITIONS Page 36 of63 7.02 Coordination A. If City intends to contract with others for the performance or other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to bu covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions. City shall have authority for such coordination. ARTICLE 8 — CITY'S RESPONSIBILITIES 8.01 C'or on(nicadons to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pad When Drre City shall make payments to Contractor in accordance with Article 14. 8.t}4 Lands and Easements,- Reports and Tests City's duties with respect to providing lands and casements and providing engineering surveys to establish reference paints are set forth in Paragraphs 4.0] and 4.05- Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface Conditions and drawings of physical conditions relating to exis ing surface or subsurface structures at or contiguous to the Site that have been utili2ed by City in preparing the Contract Documents. 8.05 Change Orders Cite shall execute Change Orders in accordance with Paragraph I D.03. 8.06 Inspeciians, Tests, andApprovals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT woitTFI NTANDA.RDCCNSTKU1U10ti SPECIFICATION DOCUMENTS Rcviiioit, rCbnLwy2,2DIC- 0072M-i GENERAL CONDITIONS iise 31 of 63 8.07 Limitations on Cih,'s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's meads, 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 DOCunnnts. B, City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Envir orrmentut Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Sitc, 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 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project . fanager City will provide one or more Project hlanagcr(s) during the construction pariod. Thr, doh ies and responsibilities and the limitations or authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is < insert name here >, or hislher successor pursuant to written notification from the Director of t insert managing department here >. 9.02 Visirs to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of cona�ruction 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 Managet will determine, in general, if the Work is proceeding in accordance with the Contract Documents, City's Project Manager will nni be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of cosifidcncc that the Completed Work will conform gcncrally to the Contract Documents. B, City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FOIt? WORTH STANDARDCONSTRUCHON SPECIFICATION DOCUMENTS Revision' r-&Wu :ry 2016 OC7Z00-I GENERAL CONDITIONS Pczc 39 o r 63 9.03 Authorized Nariations in K,ork City's Project Manager may authorize minor variations in the Work ftotn 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 completcd 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 and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective. car will not pruduce a completcd Project that conforms to the Contract Documrrlts 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 13, whether or not the Wort: is fabricated, installed, or completed 9.05 Deterrninrrrionsfor lt-lork Perfornred Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager 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), 9.06 Decisions on Regr9irerr7tn1s of Contract Documents and Accevtabidrty of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred- C. City's written decision on the issue referred will be Fnal and binding on the Contractor; subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or horn ti= 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 (cxxept as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. D. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICA'nON DOCUMENTS Revision: Pebn im 2, 2D 16 f_101200- t GENERAL CONDITIONS Pjge 39 or63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Pricc or an extension of the Contract Time with respect to any work perhirmed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the ease of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptntice of defective Work under Paragraph 13.08 or City:s correction of defective Work under Paragraph 13.09, or (ii) agreed to by the parties; 2, changes in the Contract Price or Contract Timc which are agreed to by the parties, including any and isputed sum or amount oftime for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not consritute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after mal.ing written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall f6miah the City such installation records of all deviations from the original Contract Documents as may be necessary to eturble the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that Lime, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result ofthe change or Extra Work. 10,05 "Vot fication to surety if the provisions of any band 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 (uic-111ding, 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, crrroF FORT WORTti STANDARDCONS'mUiCTION PECIFICATION DOCUML' IT5 Revi,jan: Febri 2.2016 0012 00 -1 GENERAL CONDITIONS Cagc 40 of 6i 10.06 Contract Claims Process A. Cifv's DecWon Required: All Contract Claims; except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims, 13_ Notice_ I. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than IS days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of thr Contract Claim, with supporting data shall be delivered to the City on or betore 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. Citv's & dor-: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS kevisiorr Fclnmry22016 0C 72 PO - I GENERAL CCNDITIONS Pagc 41 of 63 D. CitVs written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure sat forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10,06. ARTICLE I I — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.0 l Cost 01 the Fork A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01-D, neeessarily inc lirre d and paid by Contractor in the proper performance ofthe Work. Whcn the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those dddiliunal ut incremental costs required because of the change in the Wark. Such costs shall not include any of the costs itemized in Paragraph 11.01.13, and shall include but not be limited to the following items; Payroll costs for employees in the direct elrlploy of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintcndanes, foremen, and otlicr personnel employed full time on the Work, Payroll Costs for employees not employed full fire on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55°rb rnalrkup, or b, salarics and wages plus the cost of fringe benefits, whiull shrill include social sccu:ity contributions. unempioyrrtent, excise, and payroll taxes, workers' compensation. health and retirement benefits, bonuses. sick Ieave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours. Weekend Working Fours, or legal holidays, shall be imluded in the above to the extent authorized by city. Z. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' Feld services required in connection therewith. 3. Rentals of all constructiun equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and tile costs of transportation, loading, unloading, assembly, dismantling, and removal thereof_ All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or pacts shall cease when the use thereof is no longer necessary for the Work. CTy of r-okr WORTH STANDARDCONSTRUCTLON SPCOIFICATION DOCUMCN,rs ReVmon fr.*miy2.2416 007200- 1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of there may be liable, and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such lasses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Felxuary 2, 2016 0072CO- 1 GENERAL CONDITIONS Page43 ar 63 h. The costs of premiums Far all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. 13. Costs fzchidecl: The term Cost of the Work shall not include any of the following items: Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects. estimators, attorneys, auditors, accountants, purchasing and contracting agents. expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon scheduic o1 job classifications referred to in Paragraph l 1.01.A.I or specifically covered by Paragraph t 1.01.A.4. all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. S. Other overhead or general expense costs of any kind. C. Contractor's Plee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documetrtc Iron- Whenever the Cost of the Work for any purpose is to be determined pursuant ro Paragraphs 1 LOI.A and 11,01.R, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance; It is understood that Contractor has included in the Contract Price all allowances so named in ilia Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre -bid Allowances! 1. Contractor agrees that: CITY OF PORT WORTH STANDARD CONSTILUC ION SPECIFICATION DOCUMENTS Revision: Feinary2,2016 007200- 1 GENERAL CONDITIONS Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnay2,2016 007200-1 GENERAL CONDITIONS Page 45 or63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 00,011 OG - GENERAL CON D1710N5 Page 46 ar 53 E. For Callout work or nun -site speGlfiG COntraub. the plans quantity measurement requirements are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHA.NC E OF CONTRACT TIME 12.01 Change of'Co>ntracl Price A. The Contract Price may only be changed by a Change Ordc.r, B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2. where the Work involved is not covered by unit pricers =itainrd ir1 the Contract DocUIncnts, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.0 2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13 2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph 12-01 _C). C. Conercrcfor 's Fee: The Contractor's additional fcc for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2, if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.01.A.2. and 11.01.A.3, the Contractor's additional fee shall be 15 percent except for; 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b, for costs incurred under Paragraph 1 1.01.AA and 1 l .U1.A.5, the Contractor's fcc shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12,01.C.2.a and 12.01.C.1b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTS] STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: FAmiy'.2016 oa 7700 - I GENERAL OONDItiONS Pago47 or63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs l 1.01.A.1 and I i.01.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next lower tier Subcontractor, however in no case shall tho cumu lative total of fees paid be in excess of 25%, C. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d, the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in 4ost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Change ofCorroact Ti»le A. The Contract Time may only be changed by a Change Older. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the I'mra Work contemplated or claimed delay is shown to be on the critical path of the Project Schcdu!e or Contractor can shoe by Critical Path Method analysis how the Extra Work or claimed delay adverse]), affects the critical path. 12.03 Delays A. Where [Contractor is reasonably delayed in Lhe performance or completion of any part of the Work within the Contimct Time disc ii) delay heyond the control of Contractor, the Contract Time may be zxtcndcd in an amount equal to the time lost dale to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect a C utility owiiurs or Other contractors performing utller work as contemplated by Article 7, sires, floods. epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph- B. 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 engineersarchitects, attorneys, and ether professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in cot-mection with any other project or anticipated project. C. Ccln.tractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control c f a Subcontractor or Supplier shall be deeincd to be delays within the control of Contractor. D_ The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. en•v of FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revisicin, FPt>narY3.2016 0072C10- I GENERAL GC NDITIONS Page41 orc-3 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice vfDefedls Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Wark may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to if ork City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable Limes for their observation, inspcction, and testing. Contractor shall provide them proper and safc. conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable_ l 3.43 Tests and Inspections A. Contractur sliall 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 thereon) 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. hoAevet, those fees specifically identified in the Supplementary Conditions or any Texas Dnpaltment 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 ir1 connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials cr equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractnr's purchase thorcof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D, City may arrange ror 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. t. City will coordinate such Testing to the extent possible. with Contractor; 2. Should any f'estuig under this Section 13.03 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. CrrY OF FORT WORTIA STANDARDCON STRIJCTIO SPFCI171CATION DOCUMENTS kevislon FCbuary2,2U16 0012CO-1 GENERAL CONDMONS P3g1;4S ofb3 3. Any amounts owed for any retest under this Section 1.3.03 D shall be paid directly to the Testing Lab by Contractor_ City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment 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. P. Uncvvcring Work as provided in Paragraph 13.03.13 shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 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. B. If City considers it necessary or advisable that covered Work be -observed by City or inspected or tested by others. Contractor, at City's request, shall uncover, expose, or otherwise make available Far observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Contractor shall pay 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 uncovering, exposure, observation; inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance wilh Paragraph 13.08 in which case Contractor shall still be responsible for all coasts Associated with exposing, observing, and testing the defective Work. 2. if the uncovered Work is not found to be defective, Ccnta4aur shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. l 3.05 CiA, May Slop 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 Lo 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 CITY OF FORT WORTH STANDARDCONSTRUCTION SPE'fTICATION DOCUMENTS Re% -Won: FeWuW2, 2016 007200-1 GENERAL CONDITIONS Page so or63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 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 ten-ns of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 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 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 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 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. CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnmry2,2016 007200-I GENERALCCNRIrIONS (2ge51 of63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work, the correction period for that item may start to run froth an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected ur removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work rrmy 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 should such additional warranty coverage be required. Contractor may dispute this mquircmant by filing a Contract Claim, pursuant to Paragraph I O.0[. R Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not he construed as a substitute for, or a .LVaiver of, the provisions o f any applicable statute of limitation or repose, 13,08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of detective Work, City prefers to accept it, City may do so. Contractor shall pay 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) attributable to Citys evaluation of and determination to accept such defective Work and for the diminished value of Elie Work to the extent not otherwise said by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisk)ns in the Contract Documents with respect to the Work, and City shall be entilled trt an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 Ctt ;May Correct D&clive 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 13,06.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, correct, or remedy any such deficiency. B_ In exercising the rights slid remedies under this Paragraph 13.09, 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 kVork and siLspend Contractor's services related thereto, and incarporale 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, stored elsewhere. Contractor shall allow City, City's representatives, agents. consultants. employees. and City's other contractors, access to the Site to enahle 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 CITY OF FORT WORTH STANDARI)COMiitUCTLON SPECIFICATION DOCUMENTS RevER10n: FebnVJV2,2016 00720C-1 GENERAL 00NDITIONS Flip 52 0' b? 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 Tbw because OF any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a tarm of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Pa}.-ments: Contractor is responsible for providing all information as required to become a vendor of the City. 2, At least 20 days before the date established in the General requirements for each progress payment, Contractor shall submit to Ci�y for review an Application for Payment filled out and signed by Contractor covering the work completed as of the date of the Application and accompanied by such supporting documental ion as is required b_y the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5, The amount of retainagc with respect to progress payments will be as stipulated in the Contract Documents. CITYOF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revisi , FLbrue)-2,2015 B. Review ofAppdicarions: City will, alter receipt of eac recommendation of payment or refusing payment. In the latter resubmit the Application. 007200.1 GENERAL Z;9'4DITIONS p,.gc 53 of 63 h Application for Payment, either indicate in writing a return the Application to Contractor indicating reasons for case, Contractor mar, make the necessary corrections and ?. City's processing of any payment requested in an Application for Payment will be based on City's observations of die executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to Lhc Best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance. the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Patagraph 9.05. and any other qualifications stated in the recommendation). 3. processing any such payment will not thereby be deemed to have represented that: a. imspections made to check the quality or the quantity of the Work as it liar, been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work bevond the responsibilities specifically assigned to City in the Contract Documents; or b, there may not ba other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor. or e. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the «hole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extant as may be necessary to protect City Crain loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement: b. discrepancies in quantities contained in previous appiications for payment; o. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or ct•rYOrI. or( t %VORYIi 57ANDARDCONSTRUCTION sr LctrICATION Documrwrs Rcdioian: Febnwrv3,3(11[ 007200- 1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Conti -actor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbniary2,2016 0072W.—I GENERAL CONDITIONS Pagc 55 of 63 14.04 Partial Utilizaliorr A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Wurk 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 '~Fork which City determines to be ready for its intended use; subject to the following conditions: 1. Contractor at any time may notify City in %�Titing 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. 14.05 FinalInspection A. Upon wriLten notice from Contractor that the entire Work is complete in accordance with the Contract Documents: I. 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. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance 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. MY OF FORT WORTH STANDARD CONSTRUCTION SP_C[FICdTION DOCUMMTS Revision NbFUW2,2016 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. 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. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. 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. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Reaainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fe6mmry2,2016 Cc, 11 2 40 - t GENERAL CON0171ONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such paymcnt shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Reralr;aize Release. For a Contract that provides for a separate vegetative establishmerit and maintenance. and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount rctained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other wc)rk. An amount sufficient to ensure Contract compliance will be retained. 14.09 tt''riv r of rlairnv The acceptonce of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything dune Of furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK AND T)ER1VI11NATION 15.01 City May Suspend Work A. At any time and ►vthout cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date or. 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 make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor net be able to complete a portion of the Project due to causes beyond the controi 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 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 dai ge or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cust of mu ving his eyuipineut off the job and returning the necessary equipment to the job when it is detenmined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITYOF FORT WORTJ J STANDARDCONMUMON SPECIFICATION DOCUMENTS Revision Fehrumy22015 00 72 on .1 GENERAL CON DITIONS Page 58 of 63 15.02 City Afay Terminale for Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify termination for cause; Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including; but not limited to, failure to supply sufficient skilled workers or suitable materials or equipinenl, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or Failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-201lestablished under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or b. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or Substantial evidence that the Contractor has become insolvent or bankrupt, or nthPrwice financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice, If the City. the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may. to the extent permitted by Laws and Regulations, declare a Contractor default Rind fbrmally terminate the Contractor's right to complctc the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of wnferencc to address Contractor's failure to perform the Work. 2. If Contractor's services are tenninated, Surety shall be obligated to take over and perform the Work. if Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OFFORT WOR I STANDARD CONSTRWTION SBCC11- CATIaN DOCUMENTS Revision: fehr=!V2,2016 00 72 ac - I GENERAL CONDITI ONE Page 59 n163 obligations, then City, without process or action at law, may tape over any portion of the Work and complete it as described below. a_ If City completes the Work, City may exclude Contractor and Surety from the site and take pcssession of the Work, and all materials and equipment incorporated into the Work stored ar the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. Whether City or Surety completes the Work. Contractor shall not be entitled to receive any further payment until the Work is finished. if the unpaid balance of the contract Price exceeds all claims. costs, losses and damages sustained by City arising out cFor resulting from completing the Work, such excess will be paid to Contractor. If such claims, cos(s, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowcst price for the Work performed. 4. Neither City, nor any of its respective consultants, agents. officers, directors ur empluvees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof. may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements arthe Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.02.B. Contractor's services will not he terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no iix)re than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter nccn,e_ Any retention or payment of moneys due Contractor by City will not release Contractor from Liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FLIRT WORTH STATIDAR CQNSTRUCTION SPECIFICATION DOCIP.bIE-NTS Raeision: Fp�u 2,2016 007200-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehuary 2, 2016 00 72 DD GENERAL CON OITIC NS Pop 61 of 63 D, Not later than 15 days thereafter, die City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the ilems are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deen-Ied waived- F. In such case, Contractor shall be paid for (without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to thr, effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Duutinients in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the evert of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by mason of the termination of the Work.. the City shalt determine, on the basis of information available to it, (lie amount, if any, due to the Contractor by reason of the terminatiun and shall pay to the Contractor the amounts determined, Contractor shall not be paid on acwunt of toss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16 — DISPUTE RESOLUTION 16.01 MOM& and Proeedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to- the Contract. Timely subrniysion of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall pnriicipate in the mediation process in good faith. The process shall be commencod within 60 days of filing of the request. C. if the Contract Claim is nut reatllvcJ by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.D shall became final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor - CITY OF PDRT WORTH STANDAROCONYMUC'TIO\ SPECIFICATION DOCUMENTS Rev Watt: FehWY2,2D16 aa7Z00-1 C,ENERAL CONDITIONS Page 61 of 63 t. elects in writing to invoke any other dispute resolution process provided for in the Supplemcritary Conditions; or 2_ agrees with the other party to submit the Contract Claim to another dispute resolution process; or tice to the other party of the intent to submit the Contract Claim to a court of ;. gives written no competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice Contract Documents requires the giving of written notice, it will A. Whenever any prvvisiol, of the 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 Lo the giver of the notia}. B. Business address changes must be promptly made in writing to the other party. C_ %Ihenever the Contract Documents specifies giyiat notice by electronic means such electronic notice shall be deeimed sufficient upon confirmation orreceipt by the receiving party. 17,02 LarrptilatiOn of I'imes be COMPLAcd to When any period 0f tii7ie is referred to in the Ceniract L[f tl•ietl st dIIy of any sucltlpericld falls on a exclude the first and include the Iasi day u f such period. Saturday or Sunday or on a day made a legal holidav the next Working Day shall becOlne rile last day of the- period. 17.03 Gu»]ulciuti'e Remedies astd by these General Conditi,�lns and the rights and remedies 'The duties and abligatians ilYlp available hereunder to the parties hereto are in uddition to. and Are not to be Construed in ary waY as a limitation of any rights and remedies available to any or Al of tli t-n which a otherwise it poqcd the or available by Laws or Regi lxt ions, by special warranty or g Y Contract DocumentS. The provisloris of this paragraph will be as effective as if repeated specifically it, the Conuact Documents in uunlzcetion with each particular dilly. obligation, right, and remedy to which they apply. CrrY o F roaT wrsRT1-I �� AhphRaC�N571':CnON SP) CIflCAT10N DOCUMGN'r5 Revision rCbr=�2,2016 00 7200- 1 GENERAL CC NDITIONS Page 63 of63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees rnade 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 die Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute pacts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCLUENTS Revision Febnmry2,20I6 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 46 007300-1 SUPPLEMENTARY CONDITIONS Page 1 o!'7 SECTION 00 73 00 SUPPLEMENTARY CONDITIONS TO GENERAL CONDITIONS /Text in Blue is for information or guidance. Remove all blue tent in fire final project document. J Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented. All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The terms used in these Supplementary Conditions which are defined in the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01A Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. Upon receiving the final easements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.1., "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of [Month Day, Year this document was prepared]: Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION <If there is none then write "None '5 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 (Insert Project Name) (lusert Project Number] 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 7.2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 00 73 00 - 2 SUPPLEMENTARY CONDITIONS Page 2 of 7 SC-4.01A.2, "Availability of Lands" Utilities or obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of [Month Day, Year this document was prepared] EXPECTED UTILITY AND LOCATION OWNER <If there is none then write "None "> TARGET DATE OF ADJUSTMENT The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. SC-4.02A., "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: A [list any kind of Technical document. If none then write "None'] Report No. dated prepared by [name ofcompany preparing the report], [optional note when applicable) a sub - consultant of (name of the prime designe)]. a consultant of the City, providing additional information on [the subject the report is about] The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: [List each drawing applicable to this specific project: Sheet Title, Date, Firm prepared by. If none then write "None'] SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: [List any kind of Technical Document or Drawing meeting the above specific to this Project. If none then write "None'] SC-5.03A., "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: [Insert full legal name of Engineering Company(s) or Architects) performing construction phase .services. If none then write "None ' J (3) Other: [Insert full legal name of additional entity(s) that City requires to be an additional insured, Le. Landmvner, Railroad, Etc. If none their ~rite "None' J [Obtain approval for the limits shown for SC 5.04A thrtt 5.04D, from City before finalizing Contract Documents] SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: CiTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 [Insert Project Naniel [Insert Project Numberl l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 t8 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 46 47 48 49 50 51 52 007300.3 SUPPLEMENTARY CONDITIONS Page 3 of7 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500, 000 Disease - policy limit SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.0413. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence $2,000.000 aggregate limil The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 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. SC 5.04C., "Contractor's Insurance" 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 5250,000 Bodily It jury per person / $500, 000 Bodily Injury per accident / $100,000 Property Damage SC-5.04D., "Contractor's Insurance" 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 Railroad company name. If none then write "None' J. 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_ CITY Or FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 [Insert Projecr Name] [Insert Pmjecr Number] 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 46 47 48 49 50 51 52 53 54 55 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page 4 67 The Contractual Liability coverage required by Paragraph 5.041) 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: (1) General Aggregate: (2) Each Occurrence: .Con tart Limits with Railroad $Confpm Limits with Railroad _ Required for this Contract Not required for this Contract <Provide an "X- next to the appropriate selection above based on the Contract requirements> With respect to the above outlined insurance requirements, the following shall govern: 1. 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. 2. 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 -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. 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. 4. 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. 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. 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. 1n 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. SC-6.04., "Project Schedule" Project schedule shall be tier <1, 2, 3, 4, or 5> for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: <List the prevailing wage rate table(s) applicable to the type of construction being provided in this contract> <Burzsaw location, Resources/02-Construction Documents/Specifications/Div 00-General Condition&1CF1V Wage Rate Table 20080708.pdp CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 [lnsert Project Name] [Insert Project Number] 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 46 47 48 49 00 73 00 - 5 SUPPLEMENTARY CONDITIONS Page 5 of 7 SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: <If none then ivrite "None ". 1. <List all known permits or licenses that are being provided by the Contractor to TCEQ> 2. <List all other known per nrits or licenses that are being provided by the Contractor> SC-6.09B. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: <If none then write "None ". 3. <List all known permits or licenses that are being provided by the City to TxDO7,> 4. <List all known permits or licenses that are being provided by the City to USACE> 5. <List all known permits at- licenses that are being provided by the City to TCEQ> 6. <List all known permits or licenses that are beingprovided by the City to Railroad> SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of [Month Day, Year this document was prepared]: Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION <If there is none then write "Norte "> <Insert the folloiving if Federal assistance is provided for in this Contract> SC-6.248., "Title V1, Civil Rights Act of 1964 as amended" During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "Contractor") agrees as follows: I . Compliance with Regulations: The Contractor shall comply with the Regulation relative to nondiscrimination in Federally -assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin, in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR, section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontactor or supplier shall be notified by the Contractor of the Contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 (Insert Project Narnej [Insert Project Nurnberg Oil 'A3o0-6 SUPPLEMGN-I ARY CONDMONS Page 6 ol-7 1 2 4. Information and Reports: The Contractor shall provide all in Formation and reports required by the 3 ReguIations or directives issued pursuant thereto, and shall permit access to its books, records, 4 accounts, other scurccs of information and its facilities as may be determined by City or the Fexas 5 Department oFTransportalion to be pertinent to ascertain compliance, with such Regulations, orders 6 and tnstructions- Vithorc any information required of a contiacicr is in the exclusive 1705scs5icn of 7 another who tails or refuses to furnish this information tlhe carltradOr shall so certi fy to the City, or the 8 Texas Department ofTransportation, as appropriate, and shall set fortis what efforts it has made to 9 obtain the information. 14 11 5. Sanctions for Noncompliance: 1n the event of the Contractofs noncompliance with the 12 nondiscrimination provisions ofthis Contract. City shall impose stitch contract sanctions as it or 111e 13 Texas Department afTranspartation may determine to he appropriate, including. but not limited tp: 14 i5 a withholding of payments to the Contractor under the Contract until the Contractor 16 complies, andfor 17 b. cancellation, termination or suspension of :Ihe Contract, in whole or in parr. 18 l9 tS, Incorporation of Pro-Osions: The Contractor shall include the provisions of"paragraphs (1) through 20 (G) in every ss:bcontraci, including procurements of materials and leases of equipment, unless exempt 21 by the Regulations, or directives issued pursuant thereto. The Caritractor shall take such act ian 'Mth 22 respect io any scbcontract or procurement as City sir the Texas Department of Transportation may 23 direct as a means of enforcing such provisions including sanctions for non-compliance: Provided, 24 however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a 25 subcontractor or supplier as a result of such direction, the contractor may request City to eriler into 26 such litigationi to protect the intatsts of City. and, in addition, the contractor may request the United 27 States to enter into such litigation to protect the interests ofthe United States. 28 29 Additional L'itle VI requirements can he found in the Appendix. 30 31 SC-7.02„ "Coordination" 32 33 The individuals or entities listed below have contracts with the City for the performance of other work at 34 the Site; 35 <Pn rriafe the fable helo+i• "Pith rlre re ttrred ter orniartarr. lr.narre then mitre 'None "> Verider I Scope of Work Coordination Authority <Lisf full Vendoi-Name > {List services be ii!g prDvided> <Lmf "CITY"> 36 37 3s SC-8.01. "Comninnications to Contractor" 39 40 <lclenfify wiy specOc vo,rlmttnicarian coordination r•eilrtirearenf w?dlor list wv Sectiwt Oral regriirossuch 41 specific coordiredion regptircu7ert> 42 43 SC-9.01., "City's Project Manager" 44 45 The City's Prujiect NianageF for this Contract is =117seit iVatn'>, or his/her Successor pursuant to written 46 notification frvrn the Director or Etrser•f Afaitaging oeparietcnt>. 47 48 SC-1103C., "Tests and Inspections" 49 5o <List amp tests an; -Far inspections that am tegvired hl' ai7r.4rer bod, ofiuradfctfori being coveiad by the 51 City, (f 17ane then hi-nie ".Nolte "> CIIY OF FORT WOR711 it a.serr t rujeci Nalael STANDARD CON Sr RUCTION SPECiFICATION DOCUMENTS thmerrPnojecrNtmvhe+1 Rcvisc4January :2,20'6 t 2 3 4 S 6 7 8 00 73 00 - 7 SUPPLEMENTARY CONDITIONS Page? of 7 SC-16.01C.1. "Methods and Procedures" <Lisr ani- dispura Neat +nay 8pWP'nfar Ibis Cernraer other than rhar praviekdfor-Artide 16 of the General Cf.-WiNans, if now Mien wo-ire "None "> END OF SECTION Revision Log DATE NAME SUMMARY OF CHANCE 9122r2016 F. Griffin S� 9,01,. "C4's Project Representalve warding changed to Qty's Project ■a.,,. CITY OF FORT WORT H VfiJVHnrveai anirI STANDARD CONSTRUCTION SPWIFICATION DOCUAIMTS [Insom pluieLe jyllnhrrj PxvlsW January 22.2016 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CIYY 01' FORT WoR711 51'Ar4DAPD CITY CONDITIONS - DEV ELOPER AWARDED PROJECTS Revised lamely 10, 2013 STANDARD CONDITIONS =~^~^`~~^~~~~~^~^~~ ^~^~''-------'- -- ----- CONSTRUCTION .~.~^,.~.~.~'^ FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS ]/}l Defined Teroo�..-..---........-.~-'--''-------'--~'--~-'-'-------~^'-- l 1.02 Terminology .................. ................. ...... ._........ .......................................... ---5 Article2-PrcUouiqmrY Matters ................................................................................. -.................................. 0 2.01 Before Starting Construction ....................................................... ................................................. 6 I.02 9recuoutruw1lonConference .............................................................................. -...................... o 2.03 Public Meeting .............................................................................................................................. o Article 3- Contract Documents and Amending ................................................................... .................... ,-~^6 3J01Retemmnoe Standards .......................... ............................................................................... ........ 6 3.02 Amending and Supplementing Contract Documents ........ ......... ,............................................... h Article4- Bonds and Insurance ........... ........................................................................................................... / 4J01 Licensed Sureties and Insurers .............................. ...................................................................... / 4-02 Performance, Payment, and Maintenance Roodn.................... ........ .............. ...................... / 4.03 Certificates pfInsurance ...... .... ............................ ................ ........................................ / 4.04 Cwutacbor'xlnuwraooe-_................................................... -^^^.~~^.~.~^~.~~-~~~~~^`'~.~.~.,9 4.05 AcceptanceofBonds and Insurance; Option toReplace .......................... ........... --- .............. iZ Article 5-Contractor's Responsibilities.. ................................................................................. .................... 12 5.01 Supervision and Superintendent ........ .................................................. ..................................... U2 5.02 Labor; Working ' Hours ................................ _'._.~..-.................................................. ...... U3 5.03 Services, Materials, and Emui9mcnz.............................................. ............................................ A3 5.04 Project Schedule ......................................... ............... ........................................... .................. .04 5.05 Substitutes and u)s^-................................. ................ ................................................. ]4 5.06 Pm-Quu|dfioati000{Bidders (Prime Contractors and Subcontractors) .... ............ .................... ]6 5.07 Conceming Subcontractors, Suppliers, and Others ........ .......................................................... U6 5J00WuuuRatco ......................... .......................................................................... .......... ................... 18 5�9 Patent Fees and ..-.._-..----~.~~-'----~~.~..~.~~.''.^_-.--'----' 19 5.10 Laws and k�uu-_-.--_-.-----_--'-_----__-'.^',^^,__,_,~-�g 5.11 � l9 Use of S�oand Other Am�o--_-_---.-~--.^'--..~...-~-.~.~~. ` 5'12 Record Documents .......................... --- ----- ------------------------- ...................... --- ...... ............... I0 5.13 So6,n,and Protection .................................................. ^................................ .............................. 2i 5J4 Smf*n, --~.~.--.---..~..~.~~..°,^~~,,^,,~~~.,~,,,,__,_~.^,^^.,.^,,~~ 2i 5'15 Hazard Communication Programs ................................................................. ........................... 22 5.16 Submittals22 .-.-..'^^...--------'—'-------'--'--''--'----------- 5.17 Contractor's General Waomnq,and Guarantee .................... .'... ................ ....... ............... ...... 23 CITY orFORT WORTH STANDARD CITY cOwoMmwm-opvsuOPsmAWARDED pROJocn; 5�� ]8 Indemnification -------'-'------'-----.--_--.-_-_.,---.---__---. � I��u 5l� 6numf�noD�oiommi�mp��cr�inmu_._-...---'_'---'__-.___-___.24 ' �-- - 25 5�O Fight to Audit: -----_--...'-~'~~.~..~-^-~~'~^`-'^~^'^^~^'~~~^~-~~-'--'^~^~^~--' 25 /kr�u�G- Other �/nx&mtthe 3/�.--.~.,-.~^--~'~~--~-''^'~^~^'^~'^'~~~--'~^^~~—^--^~~~`~~-'~~ �� 26 �0l ReW�e6�VorkutShz-_-..-'__-~^----__'--_~~~~~,^,.^,,,~__.~_,,_,__~_,,,,__ Anio�?-Chy,s Responsibilities- ................................................................................................................. 26 7.01 Inspections, Tests, and Approvals ....................... -........... -........................ ,~~,_,_~.~,°, 7.02 Limitations onChx`a Responsibilities .................. ........................................................ ........... 2v 7]]3 CmmmUanuc-witbSufem/........................................................... ................... ............... °, &r6c�0-C��`s�tw��s0wj��om�ro�tou----_--------,_-.___~_.,-__. �� 8J01 ^Observation27 CHy�Prn�*� -----__.~..-.----^'------_._''---'—' ^ 8J02 ~ ~ Authodzed\/mruT�nsin\�ork..--..--'_.--.-.---..,.-.----.~.,_-'__~-___ �7 0O� --- ��e��nAI��t�o1ivo��..---.----_'_----_,_..-.---_,-__---__,~-- -``- 27 X�U4 De�rroiva�wosfor Work Pe�brmxed-......"..-.^.~.~~..-~._-.~.~..-..~~.._.~.--...~. �N Articleg-Chmoguylmthe Work ...... ........ ........................................................... -.................... ,......... ......... 2° 9.01 Authorized Changes in the Work ..................................................................................... ......... 29 Article |0-Change mfContract Price; Change wf Contract Time .... ...................................... .................... %8 lRO| Cbun��o��omb��P��n--_-'_'-.~.-'.--'---'-~-'----~..-.--'---'---�" ' |8�2 Change of{�on�xc Time --�--.-_--_..-.^.~...~_~^.~..^.~,--~.~..-.-.~~-.-_-' �8 10.03 Delays ................ -_....... ....... ..................................... .................... ............................. ...... ~~ Artic\clI-TustoandIonpnctiwno; Correction, Ruxmuvu\oxAcceptance *CDefective work .................... _29 il.8lNotice of Defects --.................................................................................................. .............. -. 11.02 Access bxWork .................................................................. ........... ............................................ 2^ ll�QTeu�and lny -'----_._____.,,_______ �� ^ 11J04 ��-..__---..-.-_----___---' Uncovering _ 30 |i�5 ��v�1av3&o»d��\��.--.--'----.--~---~..-.~..~~.~~, -'~-�` --^ �O ll�� n:��mmor��nmova�n��0ncdv��4�/�-..~-.^.~~~~.~~^~~~.~~..,.~,,.-'_--.^~-.. �0 |l�7 Correction per�d--.-._--.--~~.~..-.~.,..-'.'^~~~.~~.^-..~',_- --.~.~-_.~~..-. 30 11.08 ChyY�ayCo�ecxDm�oivuWork ...._..--~....--~.~~--.~~.~..^--~..~^.~~.~_-..~-. 3l �� Ar�w�l2-Compl�kom---_'_-.`.^-.-----...~_----_'_..,'_-'_---.-._-_-__,,~,~. ��u�umL�of1��.----.,~~.....--_-'.-...-..^_._~..-....^.,...--._' 12L01 Contractor's32 1IJ02 PadimlD��k�n-.-._.--._.--_-------.-.--,~,,_^^.~.,..--~.~~,~~~~~ 32 12J03Final Inspection -.-__._,,-_______.______,,,.~,,~~,,~_._,`,..~~,,,,_.~,_ ' �2 . l2J)4Fin� --------~-------'^-^--^--^---'--'~--~----- �� A��13-Suspension wfVVonk.--...'~-._'-_--------.^--_._--_.--.- �3 13.01 Chv�YuvSuspend \�ork-~._....._~.-~.~~-.-~..~~~,.~--_~._______.__. �� /��ich:l4-��ceUanmnos--'.-----.---..^-.-----.--'--..---..-'_--.~.~. �� .,~-' k��-_-_-^~-_-_--_~.-___.,_,___. 14]01 Giving N 34 oYoxFORT WORTH oTAwuxuoc(rYCONDITIONS- DEVELOPER AWARDED pnCmsM 14Q2ConomfTimes-....................................................................................................... ..... 34 14.03Cumulative Remedies .......................................................... ...................................................... 34 14.04 Survival of Obligations ..—....~.---.--_.--.----.'^...._.-.—..-.~.~'~..~....—..35 35 CITY OF FORT WOoTI( STANDARD CITY ooNnolONS-rEvsLopEx»mvxmnaoPROJECTS 0073 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Pagel of 35 ARTICLE 1— DEFINITIONS AND TERNUNOLOGY 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 tern, the tern 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. Contract —The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents —Those items that make up the contract and which must include the Agreement, and it's attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including. a. An Agreement CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non -Resident Bidder iii. Prequalification Statement C. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions 1. Supplementary Conditions M. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents o. Drawings P. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor —The individual or entity with whom Developer has entered into the Agreement. 11. Day or day —A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer — An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance — The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 16. Final Inspection — Inspection carried out by the City to verb 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 properly. 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 Conti -act Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order —A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans — See definition of Drawings. 24. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 25. Project —The Work to be performed under the Contract Documents. 26. Project Representative —The authorized representative of the City who will be assigned to the Site. 27. Public Meeting — An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 GO 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 30. Schedule of Submittals —A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site —Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands firrnished 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, dwr grams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent — The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions —That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier —A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours — Hours beginning at 9: 00 a.m. and ending at 5: 00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. CITY OF FORT WORTH STANDARD CITY CONDITIONS —DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0013 10- 5 Standard City CondAiors Q` The Ccnslruolion Contract For Developer Awarded Projects Page 5 of 35 41. Work --The entire construction or the various separately ideal yiahle peals thereof required to be provided under the Contract Docurner?ts. Work includes and is the result ofperforini.ng or providing all labor, services, and ducumentution necessary io produce such construction including any Participating Change Order, Mon-Farticipating 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 Dqv — A working day is defined as a day, not including Satin -days. Sundays, Or legal holidays authorized by the City for contritet purpuses, in which tiveather or other conditions not under the control of the Contractor will permir the performance of the principal unit of work unc%rivavfor a continuous period of not less than 7 hours belrveen 7 a.m. and 6p.m. 1.02 TerminoloD, A. The words and terms discussed in Paiagiaph 1.02.B duough D are not dufmcd but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 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 a. has been damaged prior to City's written acceptance. C. Furnish, Install, Ferform, 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 uged. D. Unless status: olherw6c in the Contract Doxuments, technical or construction industry or trade meaning accordance with such recognized meaning. CITY of FORT WOkTn STANDARD CITY C0I4Dn74MS — DEVELOPER AWARDED PROJEC IrS Revised: January 10, 2013 wards or phrases that have a well-known are used in the Contract Documents in 0073 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 3i 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. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non -Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 7 Standard City Conditions OF The Construction Contract For Developer Awarded Projects Page 7 of 35 1. City's or Engineer's review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City's written interpretation or clarification. ARTICLE 4 — BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. CITY OF FORT WORT] I STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10,2013 M 73 1.0- 8 Standard City Conditions Of the Construction Contract For Developer Awarded Prajecls Pagc8or3S The certificate of insurance shall document the City, an as `Additional Insured" on all liability policies. 2. The Contractor's general liability insurance sliall 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 andlor 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. Bcst Kcy Rating Guidc 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 requited. ExcrSs Liabilky shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is undenuritten on a elairns-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the eartilicate 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, 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 S25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. Ia OTY Or FORT WORTH STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROUL•CrS Revised- January 10, 2013 0073 10-9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Pagc 9 of 35 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 4.04 Contractor's Insurance A. Workers Compensation and Employers' Liubility. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10-10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide "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. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 10, 2013 OD 73 tU- I I Standard City Conditions Of The Construclion Contract For Developer Maarded Prolecis Page I or35 1) $.1,000.000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: ?) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident! 4) $100,000 Property Damage D. Railroad Protecri-ve 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: I. 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: WI-ILC Ilfe name nrtaw wilmad tompa q {f f none, thin %vTkc 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 itsitheir 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 oompavy'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. Gendral Aggregate: Enter hmlts prov,ded by Itailrmd Canpiny {I` mono,_ wnlc nanri b. Each Occurrence: : Enter limps provided by Railroad Camrita± (If none +rite: nun.-] 4. With respect to the above outlined insurance requirements, the following shall govern: s. 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 oompany, separate coverage may be required, each in the amDunt stated above. b. Where move than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of - CITY OF FORT WORTH STANDARD CITY COADITIONS — DCVELOPFR AWARDED PROJEC TS Rovisad lanuar) I C. 20 13 0073 10-12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at -grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company's right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Noliftcalion of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance,- Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 — CONTRACTOR'S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised; January 10, 2013 0073 10. 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be madc by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and "Or -Equals " A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. "Or -Equal" Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- I5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. if in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to fumish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 16 Standard City Conditions OF The CanstrucGon Contract For Developer Awarded Projects Page 16 of 3s 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. SubsMute Construction Afethods 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 bv 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 Evertuation: City will be allowed a rumonublc time t,vithin which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.45.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of ace,eptahiI ity_ Nln "nr-equal" or suhstitute will lie ordered, installed or utilized until City's review is complete, which wilt 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 shell indemnify and hold harmless City and anvane directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (inelvd,ng attorneys, fees) arising out of the use ofsubstituted materials or equipment. E. City's Cast Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05,A.2 and 5,05.13. Whether 'Or not City approves a substitute so proposed or submitted by Contrcctor, 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 Didder-s (Pt ime Contractors and Subcontroctors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre -qualification 5_07 Concerning Subewilraelors, Suppliers, and Others A. Xfinoriiyy and Women Owned Business Enterprise Compliance: Cr]Y OF PORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROl :CrS kevised:Januaiv In,2013 0073 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 ❑ Required for this Contract. (Check this box if there is any City Participation) ® 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: shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates ❑ Required for this Contract. ❑ 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. Penaltyfor 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 detenmination, before the 31st day after the date the City receives the information, as to whether good cause exists to bclicvc 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 I Ith day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the laity deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 10, 2013 0073 10.21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of35 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: City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 0073 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 90731GL2- Standard City Condlllom Of T,ne Conslrucllon Contract For Developar Awarded Projeds Page 2a y_ M 7. any correction of defective Work by City. D. The Contractor shall remedy any defects Dr damages in the Work and pay for any darnage 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 Articic 4.02.8. 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 al I 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 INDEMNI1±ICATION PROVISION IS SPECIFICALLY LNTENDED TO OPERATE ANp + + F V , IF IT IS ALLEGED OR PR VEN THAT ALL OR 5 IE 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 wort{ and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invilees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PRE NT,N Ti-IAT ALL OR SOME OF TBF DAMAGES BEING: SOUGHT 'vN FRE CAUSED, IN Agj[0LE OR IN PART, BY ANY ACT, ONQSSION 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 senrices 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. C17Y OF FORT WORTH STANDARD CITY CONDMONS — DEVEWPGR AWARDED PROJECTS Kevised:January IQ.21313 Do 7J i o- >_s Standard City Conditlons Of The Constmotfon Contract For Developer AVMrded Projects Da8c 25 of 35 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor perfermance 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 toAvdir: A. Ilic City reserves the right to audit al I projects utilizing City funds 13. 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- retawd prujects, which are funded in purl with Fcderat Cinatxeial assistance awarded by [lie U.S. Department of Transportation and the Federat Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title 1r1, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED FRO] ECTS Revised, January 1D, 2313 JO 73 10- 36 Standard City CondlUons Of The Construction Contract For Developer Awarded Projects Page 26 or g j ARTICLE 6 — OTHER WORK AT THE SITE 6.01 Re[ated 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 atTord 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. Cuntraclur shall du all cutting, fitting; and patching of the Work that may be requTed 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 out 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, Tens, 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 Responsibilittes A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methnds, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with La%A,,s and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. CITY OT FORT WORM VANDARD CITY CONDITIONS — DE'�'6LOPER AWARDED PROJECTS Rtmed- January 10, 20 13 00 73 10- 27 Slandard City Conditions Of The Conslrucl!on Contract Fvr QeveloperAwarded Picts Pape 37 of 3 S 7.03 Compliance uvirtt 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 Rcpresentative(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 duality 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 directod 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 an City Developer, and also on Contractor, who shall perform the Work involved promptly_ 8.03 Rejecting defective Work Pity 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 minpletet Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11. whether or not the Work is fabricated. installed. or completed. CITY OF FORT WORTH STANDARD CrrY CUVDITIONS—0EVELOPM AWARDED PROJECTS Revised, hiiuu ' I4. 2013 0073 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 8.04 Delerminations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 — CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 00 73 10- 24 Standard City conditions Of The Conslruclion Contract For Developer Awaroad Projects Page 27 of 35 ARTICLE 11—TESTS AND INSPECTIONS, CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 1 1.01 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 do 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 c f C0171117act017'5 safety procedures and programs so that they may comply therewith as applicable. 11.03 l ests and inspections A. Contractor shall give City timely notice of readiness of i11e 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 irtspeution 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 obtaininb 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 an}, inspections or tests ("Testing") for any part of the Work, as determined solely by City. l . 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. CHY OF FORT WORTR STANDARD CITY CONDITIONS - DEVELOPER AWARDED PROJECTS Revised January 10, 2013 OD 73 10. 30 Standard City Condilians C+' The Construction Conlrect For Developer Awarded Froleds Page 30 0_ 3= 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 DeveloperiContractor. 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 uncavel-ed for City's observation and replaced at Contractor's expense. 1 l .05 Cht v 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 thcm. 11,06 Correction or Rerr:oval of Defective 0"ork 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. 3. 'When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shalt take nu action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 11.07 Correction Perfod A_ If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract CITY OF FORT WOUTJ STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Rrnsed: Innomy 10, 2013 0073 10- 3l Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4, satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor's obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 P'J 73 10.32 Standard City Conditloos Of The Conslruclion Contract For Developer Awarded Projects NSc 32 of 35 stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rip hts 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 hi -- 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 or the Work attributable to the exercise of City's rights and remedies under this Paragraph 11.09. ART1CI R 12 —COMPLETION 12.01 Contractor's ;Yareanty 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, deten-nines 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 an}, such part of the Work which City determines to be ready for its intended use, subject to the following conditions: I. Contractor at any time may notify City in writing That Contractor considers any sucli 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 �'inallnspection A. Upon wrirten notice from Contractor that the entire Work is complete in accordance with the Contract Documents: CITY OF FORT WOR"f A STANDARD CITY CON10MONS - DEVrLOPER AWARDED PROXCI-S Revised: 3awary 10. 2013 30 73 10- 33 Standard Clly Condllions Of The Ounslruclion conlract For Developer Aveanied Projects Paw 33 of 35 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall ,immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1_ All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; s. 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 [dens filed in connection with the Work. after all Damage Claims have been resolvd: a_ directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. G. 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 CityAlay 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 Dncurnents, For any reason, the City will stop contract time On City participation projects. Q. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not CITY OF tofu WOR Fit STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised: Janr8lry IO, 2013 0073 I t- 3.1 Standard City Conditiona of The Construction Contrari For Developer Awarded Projects Page 34 d'35 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the '~York 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 Stay, and he shall take every precaution to prevent damage or deterioration of the wurk performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary, ARTICLE 14 — WSCELLANEOUS 14.01 Givii7g Notice A. Whenever arty provision of the Contract Docurricrits mquires the giving of written notice, it will b1r, 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 MUSE be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic; rt>leans such eldutrunic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Compuration of Times When any period of time is referrcd 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 avajlable 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 Doeuments_ The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WDRTH STANDARD CITY CONDIT]ON5 - DEVELDPF.R AWARDED PROMC'r5 Revised. h.miry 10,2013 0073 10. 33 Standard City Canditlons Of The Construction Contract For Developer Awarded Proiecis Pala 35 or35 14,04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordaJice with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CJ'1Y CONDITIONS -- NVELOPER AWARDED PROJECTS RtViWd 1011+ary 10,2013 SECTION 01 1100 SUMMARY OF WOKK 3 PART 1 - GENERAL 4 1.1 SUMMARY 01 1100-1 DAP SUMMARY OF WORK Page[ ar3 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 FUTL Worth 5tandurd Spwffliicatiun 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 - Didditlg Requirements, Contract Forms, and Conditions of the Contract 11 2 Division I - 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 ADMINISTRATf%T REQUIREMENTS l8 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 '�7 be considered as a subsidiary item of Work, the cost of which shall be included in 22 the price bid in the Proposal for various bid items_ 29 C. Use of Premises Sit 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 iwlhorized 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. C12y OF CDRT WORTH Sleecl Lighting linprovcrncnts la Serve Rcaedewe Wawsidk Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— Developer Aunrded Ptojec[s Ilnsert Proj=Numherl Revised December 20, 20' 2 RI 11 00-2 DAP SUMMARY 01- WORK I'ase 2 of 3 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 su as nut to inconvenience occupants of adjacent properly. 4 a if the srreet 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. G 1) All Work shall be in accordance with railroad requirements set forth in 7 Division Q as well as the railroad permit. g 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 1 Do not store equipment or material on private property unless and until the 1-1 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, is 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. 14 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, cither 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 maruier or method or 31 execution of the Work., or at any time due to defective work, material, or 32 equipment. 33 G. 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, andvor 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. CITY Or FCRT WORT[I Strcct Lighting Inpro vemcnts to Scree Residence Watersid:Ino STANnARD CONSTRIXTI01 SPECIFICATION rH1CtIMENTS — nevclers:r Atvardad Ptnjtxts linsert Project Number; ROVISW Dccemxr 20. 2012 01 11 00-3 DAP SUMMARY OF WORK Pogo 3 of 3 I 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSANFORMATIONAL 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] G 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] 12 13 END OF SECTION Revision Lag DATE NAME SUMMARY OF CHANGE CITY OF PORT WORTH Street Lighting Improvements to Serve Residen" Waterside Tnn STANDARD CONSTRUCTION SPECIFICATION DOCUMeNTS— DWeloper Awarded Projects (Insert Nojoa Number] Revised December 20. 2012 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page[ ofa I SECTION 0125 00 2 SUBSTITUTION PROCEDURES 3 PART1- 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, CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 01 2500-2 DAD SUBSTITUTION PROCEDURES Pogo 1. of a I b. Contractor proposes a Cost and/or lime reduction incentive to the City. 2 1.5 SUBMITTALS 3 A. Sec Request for Substitution Form (attached) 4 B. Procedure for Requesting Substitution 5 1. Substitution shall be considered only: G a, After award of Contract 7 b. Under the conditions slated herein 10 12 13 14 13 16 17 18 19 20 21 22 23 24 25 24 27 28 29 30 31 3? 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products l) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag -lumber assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements d) Product experience a) Location of past projects util izirlfi product b) Name and tole phone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated willi proposed product 5) Samples a'i Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1, Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern orspecifled product if necessary to secure design intent, 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Woeorside Inn STANDARD -CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS linsettPrQj"LNumber) Revised Auguit 30.2013 01 25 00 -3 DAP SUBSTITUTION PROCEDURES Page 3 of4 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 29 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS [Insert Project Number) Revised August 30, 2013 t 'a 4 5 b 7 a 9 10 012500.4 DAP SUBVITUTION PROC EDURr:S Pagel of EXHIBIT A REQUEST FOR SUBSTITUTION FORM, PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: 12 Reason for Substitution- 13 14 15 16 17 18 19 20 21 22 73 24 25 26 27 28 29 30 31 32 33 34 3S 36 37 38 39 40 41 42 4s 44 45 46 47 48 49 Include complete information on changes to Drawings andror Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing casts caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacture's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature as noted Firm Addross Date l ele�+liolze For Use by City: Approved City Recommended Recommended _ Not recommended Received late By DOC Remarks Date Dejected CITY OF FORT WORT14 Strut Lighting Improvements to Scree Re�idcnce Waterside Inn STANDARD COFSTRUCTION SPECIFICATION DOCUMF.MTS— DEVELOPER AWARDED PROJECTS Ifruert Project Number] Revised AuguFt X. 2013 SECTION 013119 PRECONSTRUCTION MEETING 3 PART1- GENERAL 4 1.1 SUMMARY 01 31 19 -1 DAPPRECON$rRUCTIUNML T1NO Pop of 5 A. Section Includes: 6 t. Provisions for the preconstruction meeting to be hold prior to the start of Work tb 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: 1 I I. Division 0 — Bidding Requirements, Contract Forms and Conditions of the Contract 12 2. Division 1 — General Requirements 13 1.2 PRICE AND PAYMENT PROCEDURES Id 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 US)E01 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 20 21 72 23 24 2.5 26 27 28 29 30 31 3'2 33 34 35 36 37 38 A. Coordination I. Attend preconstruction meeting. 2_ Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents, 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare ininutes and retained by City for future reference. B. Prcconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who sv request by fully cornp1min` the attendance form to be ciruulaled at [lit: beginning or the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request CITY (IF FORT WORT I Succt Ligh(1110 Impruvwienq to Serer Rrsuicnw%ICrsidOlnn STAND ART)CONSTRUC710N SPECIFICATION Drlrl IMMS —DEVELOPER AWARDED PROJECTS [Inrcrt Prcica Number] Revised Augur 30.2013 01 31 19-2 DAP MUCONSTRUCT10N MUTING fuse ,. on 1 e. Other City representatives 2 f. Others as appropriate 3 4. Preliminary Agenda may include: 4 a_ Introduction of Project Personnel s b. General Description of Project G 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 I 1 h. Progress Payments 12 i. Extra Work and Change Order Procedures 13 j. Field Orders 14 k_ Disposal Site Letter For Waste Material lS 1. Lnsurance Renewals 16 m. Payroll Certification 17 n. Material Certifications and Quality Control Testing 18 0. 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 2s systems 26 v_ Storm Water Pollution Prevention Plan 27 w. Coordination with other Contractors 28 X. Early Warning System 29 y. Contractor Cvaluation 30 z, Special Conditions applicable to the project 31 aa. Damages Claims 32 bb. Submittal Procedures 33 cc. Substitulion Procedures 34 dd. Correspondence Routing 35 ee. Record Drawings 35 f Temporary construction facilities 37 gig, MAP-ISBE procedures 38 hh. Final Acceptance 39 ii. Final Payment 44 jj. Questions or Comments CITY OF FORT WCRTH Strect Lighting hnprovenienu to Serre 11 iderwa WutetsideInn sTANDARD CONSTRUCTION SPECIFICATION DOCUMZNTS — DGVELOPF.R AWARDED PROJECTS [Insert ProjectNurnberl Kcyib J August 30, 2013 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page of" 1 1.5 SUBMITTALS [NOT USED] 2 1.6 ACTION SUBMITTALSIINFORMATIONAL SUBMITTALS [NOT USED] 3 1.7 CLOSEOUT SUBMITTALS [NOT USED] 4 1.9 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 5 1.9 QUALITY ASSURANCE [NOT USED] G 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 7 1.11 FIELD [SITE] CONDITIONS [NOT USED] 8 1.12 WARRANTY [NOT USED] 9 FART 2 - PRODUCTS [NOT USED] 10 PART 3 - EXECUTION [NOT USED] 12 13 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF PORT WOEX 1-I Slreet L;gjtting'_mprovements to Serve Residence Waterside Inn STANnARD CONSTRUCTION SPFCIFICATION DOCUMENTS — DEVELOPER AWARDED PR01EC'1-S llnscn Project Number] Revised Augu9t 30, 2013 01 3300-1 DAP SUBMITTALE Pagel Ora 1 SECTION 0133 00 2 UAP SUBMITTALS 3 PART I - 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 Port Worth Standard Specification 13 L None. 14 C_ Related Specification Sections include, but are not necessarily limited to: 15 1. Division 4 —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 liem. 1 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 77 a. Prepare, prioritize and transmit each submittal sufticieritly 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 resubtnittal of required) 33 b) Coordination with other submittals 34 c) Testing 35 d) Purchasing 36 e) Fabrication 37 0 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. CITY OF t'DRT WORTf i Shoal Lightiq Imptovements 10 Sern Rosidellee WaterM& Vul STANDARD CONSTRUCTION .9PfcrricATION DOCUMENTS—DrVELOPER AWARDED PROJECTS jimerlPtaialNulrnherl Revised August 30, 2013 0131 OC DAP 3LJBNi1TrALS Page 2 of a I 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 13_ 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 or 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. Cast use a letter, A-Z, indicating the resubmission of the some drawing (i.e. 11 A=2nd submission. 13=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 is 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 ntea-surements 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 submitral 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. Cold shop drawings larger than 8 Yi inches x I 1 inches to 81rz inches x 1 finches. 32 ? Rind shot drawings and product data sheers Together- 39 3. Qrdel 40 a. Cover Sheet 41 l) Description of Packet 42 2) Contractor Certification 43 b. List of items 1 Table of Contents 44 c. Product Data /Shop Drawings(Sarnples !Calculations 45 E. Submittal Content 46 1- The date of submission and the dates of any previous submissions CITY Or FORT WORTI I Srrce: Leting:rrmprovcrrtcrm to Serve Rcaidearc WAMide Inn STANDARn CONSTRUCTICIN SPECIFICATION DOC'I114ENT5—DEVVWPF.R AWARDED PROJECTS Ilnscrt PrnTcr1 Numherl Reviwed Auguu 30, 2013 01 33 00 - 3 DAP SUBMITTALS Page 3 of$ 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 I. As specified in individual Work Sections includes, but is not necessarily limited to: 17 a. Custom -prepared data such as fabrication and erect ion/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 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 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: I 1 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 1. 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) CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 0133n0-3 DAP SUBM TTALS Page: ars I 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 o) If Contractor requires more than 3 copies of Shop Drawings returned, 7 Contractor shall submit more than the number of copies listed above. a b. Product Data 9 1) Distributed to the City lD 2) Copies 1 I a) 4 copies 12 c, Samples 13 1) Distributed to the Project Representative 14 2) Copies 15 a) Stihmil the number stated in the respective Specification Sections_ 16 3. Distribute reps oductiuiis of appi oved shop dra,.airtgs dtui copies of appruved 17 product data and samples, where required, to the job site file and elsewhere as Is 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 2.5 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 hislher 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 at[ other associated work and trades, for selecting fabrication processes. 36 for t=hniques 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 4a parfnrmnnce, the Clty 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 equipinentand/or material for manufacture. 48 b. Code 2 CITY OF FORT WORT It Strcer Ligh?ing Imprmamentsio Serve Residence Wotersid-Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS linsarl Project Number: Rovised August 30, 2013 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 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; 1 I 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. CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 01 3300-7 DAP SUBMITTALS Page 7 of 8 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] CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 01 33 00 - b DAP SUBMITTALS Page S ON I PART 2 - PRODUCTS [NOT USED] 2 PART 3 - EXECUTION [NOT USED] 3 END OF SECTION Revision Log DPITI~ NAME SUNMARY OF CHANGE 12.12012012 D. Johnson 1.4.K.8_ Working Days modified to Calendar Days CITY OF FORT WORTH Street Lighting Impro+roments to Serve Residence Waterside inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS [InsenProjertNumber] Revised August 30, 2013 01 45 23 - 1 DAP TESTING AND INSPECTION SERVICES Page 1 or2 1 SECTION 0145 23 2 TESTING AND INSPECTION SERVICES 3 PART1- 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. CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 01 45 23 - 2 DAP TESTING AND INSPECTION SERVICES Page 2 of2 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/INFOR.MATIONAL 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 29 30 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 01'9526-1 DAP SIREET USE PERMIT AND MODIFICATIONS TOTRAFFICCONT1104 Page I uf3 I SECTION 0155 26 2 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 3 PART l - GENERAL 4 1.1 SUMMARY 5 A. Section Includes: b 1. Administrative procedures for' 7 a. Street Use Permit S b. Modification of approved traffic control 9 c. Removal of Street Signs to 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 1.1 PRICE AND PAYMENT PROCEDURES l7 A. Measurement and Payment t ti 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 standal ds cited in this specification refer to the current rcfcrcncc standard 23 FublishW 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 11 and submil to City ror 33 review, 34 t) 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. CITY OF FORT WORTH Street Liehling Improvementrlo Smve ReAdenee WctersideInn STANDARE) CONSTRICTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS llnsert ProicuNurnberl Revised July I, 2011 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of3 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 1 l 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 CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 01 5526-3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PaBc 3 of) Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FORT WORTH Street Lighting Improvements to Servo Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS [Insert Project Number! Revised July I, 2011 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page I of3 1 SECTION 01 5713 2 STORM WATER POLLUTION PREVENTION 3 PARTI- 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 I 1 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 (iS WM) 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. CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 015713.2 DAP STO&M WATER POLLUTION PREVENTION Pape 2 00 1 13_ 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 TCtQ requirements 9 1) TCEQ Slnall Construction Site Notice Required under genet al pel ink 10 TXR 150000 11 a) Sign and post at job site 12 b) Prior to Preconstruction Meeting, send I 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 1s c) TXR150000 General Permit 19 d) SWPPP 20 e.) TC1sQ requirements 21 3. 5 acres or more of Disturbance 22 a. Texas Pollutant Discharge Elimination System (TPD1;S) General Construction 23 Permit is required 24 b_ Complete SWPPA in accordance with TCEQ requirements 25 1) Prepare a TCEQ NOl form and submit to TCEQ along with required fee 26 a) Sign and post at job site 27 b) Send copy io City Department of Transportation and Public Works. 28 Environmental Division, (817) 392-6088_ 29 2) TCEQ Notice of Change rvquircd if nlakin6 cltlutgm or updaies to NO] 30 3) Provide erosion and sediment control in accordance with: 31 a) Section 31 25 UO 32 b) The Drawings 33 c) TXR150000 General Permit 34 d) SWPPP 35 ej 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. 19 a) Send copy to City Department of Transportation and Public Works, 39 Environmental Division, (8171 392-6088. 40 1.5 SUBMITTALS 41 A. SWPPP 4Z 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 Transportatian and Public Works. Environmental Division for review CITY OF FORT WORTH Street LlghLMS Improvements to Servo Residence Waterside Inn STANDARD CONSTRUCTIONSPECIFICATiONDOCUNIENTS— DEVELOPERAWARDLDPROJECTS IinscrtPrvicolNumborl Revised July I_ZrJ11 013713-3 DAP STORM WATER POLLUTION PRFVrNTION Pope of3 1 B. Modified SWPPP ? 1. If the SWPPP is revised during construction, resubmit modifted SWPPP to the City 3 in accordance with Section U 1 33 00, 4 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USEDI 5 1.7 CLOSEOUT SUBMITTALS [NOT USED] 6 1.9 MAINTENANCE MATERIAL SLBMITTALS [NOT USED] 7 1.9 QUALITY ASSURANCE INOT USEDI 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 14 IS END OF SECTION Revision Log DATE NAME SUMMARY aE CHANGE CITY OF FORT WOWrA I Strml Lighting I mprovements to Scrv.- Rrn4ence Wnterstde Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS [Inman Ph)*t Number] Revised July 1, 2011 SECTION 0160 00 PRODUCT REQUIREMENTS 3 PART1- GENERAL 4 1.1 SUMMARY 01 60 00 - 1 DAP PRODUCT REQUIREMENTS Pagel oft 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] CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Inn Waterside STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 01 6000-2 DAP PRODUCT REQUIRMWENTS Paget pf2 1 1.10 DELIVERY, STORAGE, AND HANDLING ]NOT USED] 2 1.11 FIELD [SITE1 CONDITIONS [NOT USED] 3 1.12 WARRANTY [NOT USED] 4 PART 2 - PRODUCTS (NOT USED] 5 PART 3 - EXECUTION [NOT USED) G END OF SECTION Revision Log DATE 1w"E SUMMARY OP CHANGE 1Q V12 D. Johnson Modified Location of City's Standard Product List 40t2014 M,Domenec i Revised for DAP application CITY OF FORT WORTH Strcct Lighting Improvontcma to 9rfve Rasidanco Jnu walmide STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DIRMI-OPER AWARI)EM PROJECT-9 ilrnsert PjajecsNumLwj Ravlsed April T., 2014 01 66 00. 1 DAP PRODUCT STORAGE AND HANDLING REQUIRENIC`1TS Page I or4l I SECTION 0166 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 For[ Worth Standard Specification 12 1 _ None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 —lidding 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 hid. 19 No separate payment will be allowed for this Item_ 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE RE, QLTIREMENTS [NOT USED] 2.) 1.5 SUBMITTALS [NOT USED] 23 1.6 ACTION SUBMITTALSIINFORMATIONAL 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 23 A. Delivery Requirements 29 I. Schedule delivery of products or equipment as required to allow timely installation 30 lard to avoid prolonged storage. 31 2. Provide appropriate personnel and equipment to receive deliveries. 32 3. Delivery trucks wilt not be permitted to wait extended periods of time on the Site 33 for personnel or equipment to receive the delivery. CITY OF FORT WORTH Stroct Lighin%Impmvemcnt5 to Saw Restdcnac Watcrsidc Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS lgascrt Pro+ed Mimbal Revised April 7, Z014 01660D-2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of J 1 a. 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 dainage. 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 9 1. Handle products or equipment in accordance with these Contract Documents and 9 manufacturer's recommendations and instructions. 10 C_ Storage Requirements I 1 1. Store materials in accordance with manufacturer's recommendations and 12 requirements of these Specifications. 13 2. Maize 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 tonants 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 13 equipment as shown on Drawings= or approved by Chy'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. 3C R. 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 drivewap-s 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. CITY OF FOR"r wowni Strew Lighting I.mproventcntslo Serve Residmcc Waterside Inn STANDARD LIONSTRIICTIDN SPFCrF1CATION DOCUMENTS —DEVELOPER -MARDED PRO)ECTS Iln%crtPrttiertNumbal ReviEed Arrll 7, 2014 U16600-3 PAP PRODUCT STOKAGF AND I IANPLINO PeoulRCMGM1TS 1'age 3 of4 1 1.11 FIELD [SITE] CO;wDITIONS ]NOT USED] 1.17 WARRANTY INOT USED] 3 PART 2 - PRODUCTS [NOT USED1 4 PART 3 - EXECUTION 3 3.1 INSTALLERS (NOT USED] G 3.2 EXA34INATION INOT USED] 7 3.3 PREPARATION [MOT USED] 8 3.4 ERECTION [NUT USED] 9 3.5 REPAIR I RESTORATION [NOT USED] 10 3.6 RE -INSTALLATION [NOT USED] 11 3.7 FIELD loR] SITE QUALITY CONTROL 12 A. Tests and Inspections 13 1. Inspect all products or equipment delivered to the site prior to unloading. 114 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[ la 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 INUT USED[ 28 3.14 ATTACHMENTS [NOT USED] 29 END OF SECTION 30 CITY OF rORT WORT[ SUu$ Llehling Improvament,to Serve Ro9Ide10eL4clMnl& inn STANDARDCDNSTRUCTIONSPECIFICATIONDOCUMENTS— DE•VELOPERAWARDEDPROJECTS (InsenPrq;reiyurtEerl Revised April 7 2014 01 6600.4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page of Revision Log DATE NAME SUMMARY OF CHANGE 4,'7/2D14 M.Domencch Revised for DAP application CITY OF FORT WORTH Street Lighting Improvoments to Scrvc Residcnoc Waterside Inn STANDARD CONSTRUCTION SPEMPTCATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [insert Project Number) Revised April 7, 2014 01 74 23 - 1 DAP CLEANING Page 1 o(4 ] SECTION 0174 23 2 CLEANING 3 PART1- 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. CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7. 2014 01 74 23 - 2 DAP CLEANING Page 2 of 4 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 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 A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE -INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 01 74 23 -3 DAP CLEANI`IG Page or4 1 6. Handle materials in a controlled manner with as few handlings as possible. 2 7. Thoroughly cleat-, sweep, wash and polish all Work and equipment associated with 3 this project, 4 B. Remove all signs of temporary construction and activities incidental to construction 5 of required permanent Work- 6 9, If project is nut cleanrxl to the satisfaction of the City. the City reserves the right to 7 have the cleaning completed at the expense ofthe Contractor, 8 10. Do not burn on -site. 9 B. Intermediate Cleaning during Conslructi.on 10 1. Keep Work areas clean so as not to hinder health. safety or convenience of I I pr:rsortnel 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. Reseed 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, 78 junction boxes and inlets. 29 4_ [f no longer required for maintenance of erosion facilities, and upon approval by •0 City, remove erosion control from site. 31 5. Clean signs, lights, signals, etc. 32 3.11 CLOSEOUT ACTIVITIES [NOT USED[ 33 3.12 PROTECTION INOT USED) 34 3.13 MAINTENANCE [NOT USED] 35 3,14 ATTACHMENTS [NOT USED) 36 37 39 39 40 CITY OF FOl r WORT[I 5ueet Lighting Improwntcnwlo Serve Rtmdenee Watcrsde Inn STANDARD MNSTRUCTION SPECIFCAT10N DOCUMENTS— DI'VELOPFR AWARDED PRO IECTS 11a.wrl Project iVumherl Revised April 7, 2014 QI 74 23 -4 DAP CLBANINC Page 4 oi4 END OF SECTION Revision Log DATE NAME WaIARY OF CRANGE 4,112014 M.Domenech Revised for Qr1p application d I CITY OF FORT WORTH Streol Lighting Improvements to Serve Rcsidcnec Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS— DEVELOPER AWARDED PROJECTS [Insert PrajectNumber] Revised April 7, 2014 a 3 PART 1 - GENERAL 4 1.1 SUMMARY SECTION 0177 19 CLOSEOUT REQUIREMENTS 01 77 19-1 DAP CLOSEOUT KR0LgR13MIFN7S Page 1 nr3 5 A. Section Includes: 6 L The procedure for closing out a contract 7 B. Deviations from this City of Furl Worth Standard Spe cilication 8 1. None. 9 C. Rclated Specification Sections include, but are not necessarily limited to, 10 1. Division 0 —Bidding Requirements, Contract Forms and Conditions of the Contract 11 2 0ivicion I—C_ieneral Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 I. Work associated with this [tem is considered s;ibsidiary to the various Items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED1 17 1.4 A.DMINISTRATrVE REQUIREMENTS 16 19 20 21 22 23 24 23 26 A. Guarantees, Bonds and Affidavits I . No application for final payment will be accepted until all guarantees, binds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily riled with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City, 1.5 SUBMITTALS A. Submit all required documentation to City's Project Representative. CITY OF PORT woKrA Street Dighting emprovoenonts 10 Serve Rcgidcnc¢ Wrter$llk Inn STANDARD CONSTRUC710N SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS pnsen Prgiect Number) Rc%6%cd Apn[7, 2iltd 01 77 19-2 DAL' CLOSEOLIT REQUIREMENTS Page 2 or3 1.6 INFORMATIONAL SUBMITTALS [NOT USED] ? 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION 5 3.1 INSTALLERS [NOT USED] 6 3.2 EXAMINATION INOT USED) 7 3.3 PREPARATION [NOT USFD] 8 9 10 ll 12 13 14 is 16 17 is 19 20 21 22 23 24 2$ 26 27 29 29 30 31 32 33 34 355 36 37 38 39 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: I _ Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final clearing in accordance with Section 01 74 23. C. Final Inspection Atler final cleaning, provide notice to the City Project Representative that the. Work is completed. a. The City will make an initial Final Inspoction with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. [Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the !terns listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final [nspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation_ These special accessory items include, but are not limited to- a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c_ Initial fill up of all chemical tanks and Net tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Cther expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion CITY OF FORT WORTH Stmtn Lighting ImProvemrnts !o Scr c: Romdcnrr Wnicrside Inn STANDARn CONSTRUCTION SPECIFICA"rION 0100IMENTS— DEVELOPFR AWARDFi7 PROIFCTS (Insert P76jcn Nunn�a] Revised April 7, 2014 01 77 19 - 3 DAP CLOSEOUT RcQUIRi:muN'rs Page3 uf3 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 Documentations 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) 1 I 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 fnr payment_ 17 3.5 REPAIR / RESTORATION [NOT USED[ 18 3.6 RE -INSTALLATION [NOT USED] 19 3.7 FIELD loft] 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 28 29 END OF SECTION Revision Log DATE NAME SU\4Ni iARY Oi CI [AN GC 4J7J2t114 41 Domenech Revised Fnr DAP arplientinn CITY OF FORT WORTH Street Lighting Improvamants to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUME14TS— DEVELOPER AWARDED PROJECTS [Insert Pr6wt Nu®Eerl Revised April 7.1014 017823-1 DAP OPERATION AND MAIN'rENANCE DATA Page I of S I SECTION 0179 23 3 OPERATION AND MAINTENANCE DATA 3 PART 1 - GENERAL 4 1.1 SUNIMARY 5 A. SNclior.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. II l igation Controllers (to be opeiaied by the City) 11 c. Butterfly Valves 17 R. Deviations from this City of Fort Werth Standard Specification 11 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 — General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES Is 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 USED1 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Schedule 24 1. Submit manuals in final form to the City within 36 calendar days of product 25 shipment to the project site. 26 1.5 SUBMITTALS 27 A. Submittals shall be in accordance with Section dl 33 Ott. All submittals shall be 28 approved by the City prior to delivery. 29 1.6 INTORNIATIONAL 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 !/2, inches x I 1 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 CrrY OF FOP7 WORT11 5taet Lighling Improvements to Scrve Residenoc Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMEt'TS— DEVELOPER AWARDED PROJECTS IInsert Prolcct Numberl Revised ApW 7. yGl4 (11 7823-f DAPOPERATION AND MAINTENANCE DATA PA&C 2 Urs d_ Drawings 2 1) Provide reinforced punched binder tab, bind in with text 3 2) RedUOC larger drawings and fold to size of tcxt pages. 4 c. Providc 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 ti',le "OPERATING AND 11 MANTENANCF INSTRUCTIONS" 12 2) List: 13 a) Title of project 14 b) Identity of separate structure 4s applicable 15 c) Identity of general subject niaiter 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 aFthe 0&%4 Manual. 21 B. Manual Content 22 1. Neatly typewritten table of contents for each volume, arranged in systematic order 23 a. Contractor, name ofrmiponsible 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 instalter ?7 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 Clow diagrams 43 b. Coordinate drawings with information in Project Kecord 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 Cormat under separate headings for different procedures. 48 b. Provide logical sequence of instructions of each procedure. CITY OF FORT WORV I Street Lighting Improvernrnrts to Sen-t: Residence Waterside Inn $1-ANDARDCOy5TRUCTtONSPFCIFICAT1oND000MENTS—DINELOPERAWARDED PRO)ECTS Ilns6rtPrnicaNumbtrl Reviscd April 7. 2014 QI 78 33 -3 DAP OPERATION AND MAINTENANCE DATA Page of 5 1 5. Copy of each vwarranty, 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. N-ianual 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 infcrenation on products 9 1) Catalog number, size, composition 10 2) Color and texture designations 11 3) Information required for reordering special manufactured prnducts 12 K 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) Rrscummended schedule for cleaning and maintenance 17 3. Content, for moisture protection and weather exposure products: Is 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 unfit of equipment and system, as appropriate: 25 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 () 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: instructinns 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 42 lt_ Each contractor's coordination drawings 48 1) As installed color coded piping diagrams CIT)' OF FORT W09TH Street Lighting h>tp avements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS (Insert Project Number] Revi!wd April 7, 2014 01 7883-= DA1' OPERATION AND mAm,rFNANCE DATA Poge4 nF5 I 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. Consent. 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 S ?) Performance curves, engineering data and tests 9 3) Complete nomenclature and commercial number of replaceahle parts 10 b. Circuit directories of panelboards I 1) Electrical service 12 2) Controls 13 3) Communications 14 c. As imtallod color cuded wiring diagrams 15 d. Operating procedures I6 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 manufacturers spare parts, manufacturer's current prices, and 26 r5.ommended 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 11+'IAINTENANCE MATERIAL SUBMITTALS [NOT USED] 32 1.9 QUALITY ASSURANCE 33 A. Provide operation and maintenance data iby 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 CITY OF FORT WORTH Sirce I.rghtlne improvements In Cave Residmeo Wziervdc Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS [Insert ProjatNumborl Revised April 7, 2014 01 7823 DAP OPERATION AND -MAINTENANCE DATA Poga 3 of 5 1.10 DELIVERY, STORAGE, AND HANDLING SNOT USED] 2 1.11 FIELD (SITES CONDITIONS [.NOT USED] 3 1.12 WARRANTY (NOT USED] 4 PART 2 - PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED 5 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 831l2012 D. Johnson 1.5.A.1—title of section removed VM-014 i M.Domenech Revisal for DAP Application CITY OF FORT WORTH Steel Lighung Improvements to Serve Residence Waterside ion STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS—DPVELOPER AWARDED PROMCCTS lInsenProjeaNumberl Revised hpri17. s014 01 7s39-1 DAP PROJECT RECORD DnCUMI NTS Pugc i ora I SECTION 0178 39 PROJECT RECORD DOCUMENTS ? PART1- GENERAL 4 1.1 SUMMARY 5 A. Section Includes; G 1. Work associated with the documenting the project and recording changes to project 7 documents, including: a a, Record Drawings 9 b. Water Meter Service Reports 10 c. Sanitary Sewer Service Reports I 1 d_ t_arge Water Meter Reports 12 B. Deviations from this City of l:ort 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 lb 2. Division 1 —General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES IS 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 AD-MllNISTRATIYE REQUIREMENTS [NOT USED] 23 1.5 SUBMITTALS 24 A. Prior to submitting, a request for Final Inspection, deliver Project Record Documents to 23 City s Project Representative. 26 1.6 ACTION SUBMITTALSAN, FORMATIONAL S1iHMITTALS [NOT USY131 27 1.7 CLOSEOUT SUBMITTALS INOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE 30 A. Anuracv ol'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. CITY OF FORT WORTH Street L,&Nrig improvements to Serve Residence Waterside Inn STANDARD CONSTRUC 10NSPECiFICATIOND000MLNi TS—DEVELOPERAWARDEDPROJECTS ttnsmProjocctNutAcr] Rcviscd ApW 7, 2014 017e39-2 DAP PROJECT RECORD DOCUMIENTS Pago 2 OU i 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 Lite Work, both concealed and 4 visible. io 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 Docurncnls completely prelUCLe.d from deteriorution 9 and from loss and damage until completion of the Wort: 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 tD the C'.ity'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 USEDI 17 PART 2 - PRODUCTS 18 2.1 OWNER -FURNISHED fort] OWNER -SUPPLIED PRODUCTS [NOT USED] 19 2.2 RECORD DOCUMENTS 20 A_ Job set 21 i . Promptly following receipt of the Notice to Proceed, secure from the City, at no 22 charge to the Contractor, I complete set of all Documents comprising the Contract. 23 B. Final Record Documents 24 2. 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 PAIN 3 - >! XECUTION 29 3.1 INSTALLERS INOT USE DI 30 3.2 EXAMINATION [NOT USED] 31 3.3 PREPARATION [NOT USEDI 32 3.4 MAINTENANCE DOCUMENTS 33 A. Maintenance of Job Set 34 1. Immediately upon receipt of the job set, identify sail of the Documents with the 35 title, "RECORD DOCUMENTS - JOB SET". CITYOP FORT WORTH StreotLrghtma Improvementsto Serve Residence W2lersideInn STANDARD CONSTRCCTIONSPECtF[CATIONDOCUMENTS— DPVELOPERrvWARDEDPRo1CC'rs llnsart Project Number] Revised April 7, 2014 9 1a II 12 13 14 15 16 17 Is 19 20 2l 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 01 79 39 - 3 DAP PROJECT RECORD DOCUMENTS Pagc 3 uf4 2. Preservation a. Considering the Contract completion time. the probable number of occasions upon which the job set must be taken nut fur new entries and for examination, and the conditions under which these acliviti--s will be performed, devise a suitable method for protecting the job set, b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to filial Project Record Documents. c. Maintain the jab set at the site of work. 3. Coordination with Construction Survey 2. At a minimum clearly mark any deviations from Contract Documents associated with insrallation of the infrastructure 4- Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e_ In the event of overlapping ebanges, use different colors for the overlapping changes- S. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However. design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Shaw on the jab set of Record Drawings, by dimension accurate to within I inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the hom ("under slab", "in ceiling plenum", "exposed", and the like)_ 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment. conversion serves no useful purpose. However. do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown an the job set of R"ord Drawings to the corresponding final documents; coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each envy by drawing a "cloud" around the area or areas affected. CITY OF FORT WORTH Simi Liglaing Improvements to Serve Residence Waterside Imi STANDARD CONSTRUCTION SPECIFICATION DOCUMEN,rs, DEVELOPER AWAADED PROJECTS [insert Project Nombal Revised APni 7, 2014 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Pago4 of 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 3 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 cltarAe 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 / RESTORKHON [NOT USED1 13 3.6 RE -INSTALLATION [NOT USED] N 3.7 FIELD loR] SITE QUALITY CONTROL [PLOT USED[ 15 18 SYSTEM STARTUP INOT USED] 16 3.9 ADJUSTING INOT USED] 17 3.10 CLEANING [NOT USED] 18 3.11 CLOSEOUT ACTIVITIES [NOT USED] 19 3.12 PROTECTION [NOT USED] 20 3.13 MAINTENANCE [PLOT USED] 21 3.14 ATTACHMENTS [NOT USED] 22 23 24 END OF SECTION Revision Log DATE NAME SUA4YfARY OF CHANGE 417l7014 M.Domenech Revised for DAP Application CITY OF FORT WOR i SucetLightingImpioveininitstoS_rvcResidenceWaiersideton STANDARD CONSTRICTION SPECIFICATION DOCUMENTS —DEVELOPER AWARDED PROJECTS [insert ProJcct Numbul Rcvisca April7.z014 APPENDIX (Text in Blue is fbr ir2jortna(iDn or guidance. Reprove all blue text in the Project final documentation] GC-4.01 Availability of Lands <Provide current statement ofrecord(s) legal title and legal descriptions for lards zT.4n which the Work is to be performed> GC-4.02 Subsurface and Physical Conditions <Provide repor7.s andlor drawings relative to stebseeeface conditions at the Project Site (excluding Underground Facilities)> GC-4,04 Underground Facilities <Provide drawings and'or documents thar provide iti ormarion for Underground Facilities at or contiguous to the Project Site> GC-4.06 Hazardous Environmental Condition at Site <Provide arty report andlor drawing relative to ha2ardous envir•onrnon1al conditions at or eontigteoies to the She> GC-6.06.D Minority and Women Owned Business Enterprise Compliance --Provide AT BL forms, including Subcontractar/Sitpplter Urtltzarlon Form, Piltne Contractor Waiver Fop -in, Good Faith Effort Form, and Joint Venture Eligibility Form> GC-6.07 Wage Rates <Provide the applicable wage rate table(s) for this Project> GC-6.09 Permits and Utilities <Provide all City obtained Permits available at the time ofAdvertisement> GC-6_24 Nondiscrimination <Provide form PR-12:3, "Federal Requirements for Federal -Aid Construction Contracts" and any other related documents for• Projects ivieh Federal A.Tsistance, otherwise write :Wane "> GR-01 60 00 Product Requirements <Provide Clor's current Standard Product List> CITY OF FORT WORTH Street Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [inert Projeel Numbepi RcvisedJuly 1,7U11 C17Y OF FORT WORTH sheet L'ghting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION S PECI FICAT ION DOC U M F;NTS f hrreiY Prgac/ rkuiubetJ Revised July I, 2011 GC-4.01 Availability of Lands THIS PACE LEFT INTENTIONALLY BLAND CITY OF PORT WORTH Street LIgWin4 Improvementsta Serve Residence Waterside Inn STANDARD CONSTRUCT ION SPECIFICATION POCUMEN73 flnsw�r Pro�rcr ,�rur rber j Reviscd lvly 1, 2011 GC-4.02 Subsurface and Physical Conditions THIS PACE LEFT INTENTIONALLY BLAND CITY OF FORT WORTH Street (igh'dng pnprovernenw to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMEtr"I'S f/merr Project Nrtanber) Revised July 1, 2011 GC-4.04 Underground Yacilities THIS PAGE LEFT INTENTIONALLY BLAND CITY OF FORT WORTH Street Ughting Improvements to Serve Residence Waterside Inn STANDARD cONSTRUCTIION SPt',CIFICATION DOCUMENTS (Aiserr Ffolorr Niuuberl Reviscd July 1.2011 GC-4.06 Hazardous Environmental Condition at Site THIS FADE LEFT INTENTIONALLY BLANK UTY OF FORT WORTH Street Lghting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTIONSPFC9FICATION DOCUMENTS Ilnsr+� PmjrcrNum6er] Revised Jury 1, 2011 GC-6.06.D Minority and Women Owned Business Enterprise Compliance THIS PAGE LEFT INTENTIONALLY BLANK CITY QF FORT WORTH Street LigKing Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION 9MC1FICATIC)N DOCUMENTS (lirseri Projrci Nrwiberj RnAmdJuly 1,2DII GC-6.07 Wage Rates THIS PAGE LEFT INTENTIONALLY BLAND CITY OF FORT WORTH Street lighting Improvements to Serve Residence Waterside Ian STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS floserr Project fVw bcri Rcvised July I, 2011 GC-6.09 Permits and utilities THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Sleet Lighting Improvements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I/mmir Projecl miom6erl Revisad July I, 2D11 GC-6.24 Nondiscrimination THIS PAGE LEFT INTENTIONALLY BLANK CCfY OF PORT WOATH Street Lthtlns tmarrnements to Serve Residence Waterside Inn STANDARD CONSTRUCTION SPEMICATION DOCUMeNTS /lnsart hojecr.Ynmberf Rc%+iocd Julty I, 2011 GR-01 60 00 Product Requirements THIS PAGE LEFT INTENTIONALLY BLANK CITY OF FORT WORTH Street Llghting Improvements to Serve Residence Welersltle Inn STANDARD CONSTTtUCTION SPECIFICATION DOCUMENTS (Assert PtWecr Nmrrberf Rryisod, July a, 2011