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Home My WebLink AboutContract 55266�� PROJECT 1VIAI�UAL FoR Betsy Price Mayor 2020 ON�CALL STREET L�GHT CONTRACT � <. �, � _ �'€ ��j�� ,•� ' . 2021 � �7RT� +: - ,�r'.,�g��,�il - , � 4, u � d ��a�+�� /� �M�'8�� $ bil��o ..d��.��w.�71�--.� ' David Cooke City Manag�r William M.Johnson Director, Transportation and Public Works Department Prepared far The City of Fort Wor�h � Transpartation and Public Works Depart�nent 2020 « � �� .i,��, • O�• � ��p �,biF'v��! 4".r��v� � '�;�;. ��g �ti�: �� o��oa:c ..�E�..oe�s L �� -- — — ��i,�E; �� 4 � �� rt �� _ � , �- . ��..�_T, ao 0o ro- i TABLE OF CONTENTS Page 1 ofq 1 2 3 4 5 6 7 8 9 10 II 12 13 l4 15 ?6 17 18 19 20 2I 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4Q 41 �12 43 44 45 46 47 48 A9 SECTION 00 00 1d TABLE OF CONTENTS Division 00 - General Co�ditions 00 OS 10 Mayor and Co�ncil Communication OQ OS 15 Addenda 00 11 13 Invitation to Bidders 00 2] 13 J�asiructions to Bidders 00 35 13 Conflict of Interest Affidavit a0 41 00 Bid Form 00 42 43 ProposaI Farm Unit Price 00 43 13 Bid Bond 00 43 37 Vendar Compliance to State Law Nanresident Bidder Od 45 1 I Bidder� Frequaliiications Oa 45 12 Prequalification Statement 00 �45 13 Bidder Prequalificatian Application 00 45 26 Contractor Compiiance with Workers' Compensation Law 00 �5 90 Minority Business Enterprise GoaI 00 45 4I SmaIl Business Enterprise Goal Oa 52 43 Agreement DO 61 25 Certificate of Insurance 00 62 13 Performance Bond 00 62 14 Payment Bona 00 62 19 Maintenance Bond 40 72 00 General Conditions QO 73 00 Supplementary Conditions Division Ol - Genera� Reqairements 01 11 00 Summary of Work Ol 25 00 Substitution Procedures O1 31 19 Preconstruc�ion Meeting O1 31 20 Project Meetings O1 32 16 Construction Progress Schedule Ol 32 33 Preconstruction Videa OI 33 00 Submittals 01 35 13 Special Projeci Procedures Ol 45 23 Testing and Inspection Ser►+ices O1 50 00 Temporary Facilities and Contro�s O1 55 26 Street Use Permit and Modifications to Traffic Control D1 57 13 Storm Water PolIution Prevention Plan O1 58 13 Temporary Project Signage 01 6a 00 Praduct Requirements O1 66 00 Product Storage and Handling Requirements Ol 71 00 Mobilization and Remobilization O1 71 23 Constrnction Staking dl 74 23 Cleaning O1 77 19 Closeout Requirements 0 Z 78 23 Operation and Maintenance Data 01 78 39 Praject Record Documents C[TY OF FOAT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Aprii 2, 2014 2020 On-Call Strcel Light Contract 00 0o io- 2 TlABLE OF CaNT�NTS Page 2 of 4 1 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 l7 18 19 2� 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4a 41 42 43 44 45 46 47 48 49 50 Technical Specifications which have been rr�odified by the Engineer specifcally for this Project; the following hard copies are loca#ed at httns://a�us.fortrvorthgov/Proj ectKesources/ Divis�on 02 — Existing Condifions 02 41 13 Selective 5ite Demolition �'1 � 1 1 � i Ik: ]; �._i? e � I/ A I-. �„ ,7,�,-.,�, o., r V�+�� iT V4AA14 Division 03 — Concrete 03 30 00 Cast-In-Place Conerete 8� �-4�� et}�ie�e�,�co" vr`vtcr"�zr�c ri iui�i i•� 1 rr`ua�vr7 fl3�_d 7� ('...�,.+«o+o R.,�._, T�T.,r-.,,.:.,i F,. T,..,...,1, D.,....,:.. � JT Division 26 - Electrical 26 OS QO Comrnon Wor� Results for EIectrical 26 OS 10 Demolition for Electrical Systems 26 OS 33 Raceway and Boxes for Electrical Systems Division 31 - Earthwork 3 � �4 88 �t�£�e� 3�� L��f ed-��a.� �i�i� u,,..,.�.<. 31 24 00 Emban�lczne;nts �� 7c nn �t�' "Lm-rQ�cmiix��EBrri�ei � i � � nn �$ » n�n-� Divisian 32 - Exterior I�x�provements �'� �]�L��er'I�]iiii�ir+c�r�i-�F,a�'zc�i-�i�cz�-c�r`v'-'•�x"x'�giccpssii � � n i �� rz�._...�e�e�� ,`�� r,,.,;�.r„ u„n„ r,.,,,.,.,,ry �r �1�°—��e�se C—e�� azTr�� E2i�cir�rrcui�ii9c�vui5u5 �-z y � y ti �4s��p-«� i�� Eene�e�e��g 32�� ..a,a c..ao�,..,iv� �.-;..o,,..,..� .,,-.a �,,,...:o,. �..00 v.,w...� , CTI'Y OF FORT WORTH STANDARD CQMSTRUCTION SPECIFICATION DOCUMEN'T'S Revised Apri12, 20I4 2020 On-Cal� Street Light Contract 00 DO 10- 3 '1'ABL� OP CONTENTS Page 3 of 4 1 3Jz i �1 1 ti 1Z,-;,,1� TTw,y� 71�..;w,.t � �z l�a-Ta !'.....,,.._,!-o (',,,-l. .,,,.3 !',,4+0«� ..,,.-1 [7„Tlo.. l�..+�-o..., 3 �z 1�� D.,�,o,�,o..� nd.,..l,;.,,�� 4 �� rt,,,;,, T ,�tr �,,,,,.,,,, ,,,,,a r�.,,-„� 5 �z-�n.'�$�ice�el�Czsc "a� �airte� 6 �� 1 �a �x�,,.,d �eri,. �,a_r-�.,,,,,. 7 ��,`2-T� r�,,..� ;., ni,,,,e r�,.�,...o,-o po+.,;,,;�,. �al„n� 8 32 9l 19 Topsoil Placement and Finishing of Parkvvays 9 32 92 13 Hydro-Mulching, Seeding, and Sodding 10 �z��-^�� rr,.00� .,�,� ci,�..�.� 11 12 Division 33 - Utilifies 13 �� nti �n-- -��,ra� ,a �,r,...�,,,�„ rr„n,;.,n � �� a—a�-�a� � oxu�ax,�� 14 �3 ni �� r��„�oa r�:..,.,.:+ �roTo<.:�:,.., mr�-rtn tir�,.o„t;,,� 15 ��-0� � � -- � .,, �,......:�,. ,.��-.,;n,:.,,. c„t�,,,,. c�.,,.,,.,,� 16 �� n i n r,,.,,+ u„ra;r,� .,ra �ie,.+«;,..,i r...-.r.,+:�„ l7 18 �� 1� r,r,,,,,,,,,,;,,,., n.,,.,a„ r„ft,,,a,,, n,.�+,,,.+;,,,, c.,�+e,,, 19 �� n � � n -r��e�'�er�c-B5 20 �� nn ri,,,..,:.,,� „�,a n,,,,,,rit„H,.,, -r„�.;,,,. „��xr.,+o,. n�r.,;,,� 21 ��-0�1 n T rf; i;.., rrro.,,.�, �..,,�,,.,+:,,� �.�,�,oari,o„� „a u.,,.T,�;ii s �n 22 ��-0��---- �-.--- ;':'��-��zo P��i� 23 ��-0�-�� ,.�.,,,,, n„z.,,,. „�„� �,..,,a� n;,,n., � 24 , , , 2.5 ��7J�iv - - --f'f"„��ve"c��rTcrici j�cticiiia 26 ��-1Y:i 1? !`..r, «c+e ('..li.,..� 27 ��-Q� 2�—�^s�g "��or�==� 28 ��s� �r,,,,,,,�7 r ; o« ni.,.a 29 �3-0.-�rz."� c�ooi r.,�;�.n n:�.a 30 ��-Q��a u,,.,,a -r„nr„y;,,,. 31 32 ��-(�� r „-,i;+„ n�r�,.r.,,,..,rr ,,,..,+,,..., 33 ��-0� �n �.,�i,...,,+,...� �v,.,,�,.,fi:�r � ,. -G�;�t;r,� rr+;i;r:o� 34 ��- y i tn --��u„�:i„ r..,.., o<�„ 35 �� , , , , r,,,,,+;�o T,.,,,, �;�-r-;,,,�� 36 3� y 7�.�._ n�it.,.,�.�.tr-�kto..:a„ lDZI! �l D..,,�n,,..,, n:ri„ � 37 �� '�z-� �nc-��t�e�'.�e-�:�o9 u�.. �x ., oa� c�ooi r��.t;,-.a�,- rr.,,-.n 38 39 3�� i n �xr ��e�5-�-�^��z-��, 40 �� ' '' " 'aa-�ge c��er��e�e�s 41 ��^��=��e�-�� . 42 �43 44 �� t� �n r-�,.,.,t,;,,.,�;,.,, n;,-t�.,r..� n�.ne..,�.�,o��-,.n„f„t,.i„i�r.,f,,..r..,,+,,,,,� 45 ��-��4� -- n.«, u,,,.N„i �:,.,, ra.,,�,..,,,+� 46 �� i� cn i�r.,+o.. C,,.�,�to c�.,�,�R� 47 48 �� i� r�„«oa ;,, ni,,,.o n:�o �r�*tino� 49 ��-�1z� �:�o ni„ „ v„ �� ,,,a n:�„ �,. r�.. .;+., c,,,,�� c�..�� ,,:�� z,�, 50 �3 �� unn� n;,.o �,.,. c.,,,;+�,.., �e, � ��..,,�,:,�, .,,,� �,.,.,.o �,��;,,�t CITY OI' PORT WORTH 2O20 On-Cal� Street I,ight Contract STANDARD CONSTRUCTION SAECIFICATION llOCUMENTS Reviscd Apri[ 2, 2014 00 oa � a- 4 TABLE OF CpNTCNTS Yage 4 of 4 � ' ' - - - ._ . . . � - - - - - � � �, � � . „ 8 �� i v �--�TBcirs�ca�ic2��. ic��a 9 �� n �;r�o.,,.i„�� as„�t�„to� 10 ��9 �n sxr.,n,,,,,,,,,,,,, n,,,.,,,.,. ryw,,,,,H,,,.iurn�� 11 �� n �.,�.,., r;,, � f� �.,,,;+,,..�, co.,.o.. ��...,,.+,,,.o� 12 �� r y y n uo;�,� ,-,.o.� r_�,,., vo+e cto .,, C,....,,�. n.,,,,,�r-+„tr,,,�� 13 14 �3� � ��, 15 �� n�c n-r��4�,,,a ef,,...., n,.,,,,,3 16 �3 n� n� rr..e„,.�, r�..,,;�� 17 �� 49 ti n r�„„+ • nt,,,,,, n,r,,.,t,,,t,,,. ,,.,,a r,.,,,,�;,,,, u,.vo., Zv-�-��-�-�cn'��-n,�-l�,t'c[cc��r�axxaaa�rnv�c� 1$ ��-4�-2� r�,,,.�. �„a n..,,., T„to+� 19 �� .�o nn rr,.,-,�, �,-,,;��,.a uo,,,a.,,,,»n ..a �xr.�,,.,.,.,ii,. 20 21 Division 34 - Transportation 22 34 4T 10 Traf.fic Signals 23 34 41 13 Removing Traffic Signals 24 34 41 20 Roadway Illuminatio�a Assemblies 25 34 4] 30 Aluminum Signs 26 34 71 I3 Traffic Control 27 28 Appendix 29 �C �a ni — n_„�.i„w:i;,-�, ,.� r ,,.,,a., 30 � n n� c„t,.,....� ,.o .,.,,� nt,�.�:,..,t r-�,.�a;,-;�r., 3l . 32 r-�ry n n� u., ,.a � • ,�.,t r� ra•,;�� + c'+ Qt� �LTI�JTCTICRTC-OTfC[17ZOiT iTL��iLG' 33 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 34 GC-6.07 Wage Rates 35 � �.nn no,.rr.;+� „ra r r+;r,+;o� 36 GC-6.24 Nondiscrimination 37 F-Ol Davis Bacon Aci 38 F-02 Fair Labor Standards Act 39 F-Q3 CopeIand Act 40 F-04 Contract Work Hours Safery (CWHSSA) 41 END OF SECTION CITY OF FORT WORTH 2O20 On-Cal! Street Light Contract STANDARD CONSTRUC'TIOI�I SPECIFICATIpN DOCUMENTS Revised Apri12, 2014 i12112021 ��i�' ��QJf�C�l. �I��R��A M&C Review DATE: 12/15/2020 REFEREIVC� **M&C 20- LOG NAtV�E; NO.: 095� CODE: G �"YP�: CONSENT PU��1C HEr4RING: Official site nf Ctne Ciry of Fort Worch, Texas FQR�H 200N-CALL STREET L�GHT CONTRACT NO SU�JECT: {ALL} Authorize Execution of a Unit Price Contract with Bean E[ectricaf, Inc., in an Amount Noi ta Excesd $1,500,000.00 for Task Order Constr�ction Services Relatir�g to Street Light Installaiions R�CO�A[VI�AlDATION; It is recorr�mended that fhe City Council authorize the execution of a unit price contract with Bean Electrical, Inc, in an amount nflt to exceed $1,500,OOOAO for task order constructior� services relating to street light installations for Fiscal Year 2021 wi#n three renewal options. DISGCJSSION: This contract wilf pro�id� for construction services on a� as-needed (task order} basis for projects related to street �ight installations. Street light projects incfude luminaires, poles, wire, canduit, anc! foundations ta impra�e o�erall fraffic and pedestrian safety within the City limits of Fort Worth. The contract is capped at $1,500,000.00. T�e initial contract term is one year and may be renewed up to three addi#ianal terms upon #he eariier expiration of contract time or funds uncEer fhe same terms, conditions, and unit prices. The project was procured in a low bid format to d�terrnine ur�it �rices to be paid when task orders are issu�d. No#ice of bids was pubiished in the Fort Worth Star-Telegrarrr on October 8, 202fl anc� October 15, 2Q20. On October 29, 2020, one campany submitted the foflowing bid: Contractor Bid B�an Electrical Inc. � $1,354,059.OQ _. .. m . .�.. _ .� _ _ . _ __ _ . � . The unit prices were campared to other similar projects and were determined to be fair and competitive. Task orders will be paid at fhe established unit prices. Projecfs identified initially include �'eplacemer�t of Citywide street light knackdowns and freeway iflumination work via maintenance task ord�rs. Bean Electrical, Inc., is in compliance with the City's MIWBE Ordinance by comrnitting to 191% MBE participation on this praject. The City's MBE goal on this project is 111%. FiSCAL 1NFORN➢ATIONICE�2TIl�tCAiIOPl: The Director af �inance certifies that funds are available in the current capitalloperating budget, as previo�sly appropriated, in the par�icEpafing departments' CapitallOperating Funds �o support the approval of the above recommendation and executian af the coniract. Prior to any expendifure being incurred, fhe Transpor�ation and Public Vllorks Departments have the responsibility to �alidate the avaifability of funds. apps.cfwnet.orglcounci[_pac[cefhnc_review.asp?ID=28524&councildate=12/1512020 112 1/21/2021 Submit#ed for City 1Vlanager's Office by_ Originating Departmenfi F{ead: �►dditional Infarmatian Contact: ATTACH flA E MTS M&C Review Dana Burghdaff {8018} William Johnson (7801) Tanya Brooks (786'! } apps.cfwnei.orglcouncil_packetlmc_review.asp?ID=28524&counci]date =92I1512020 212 0011 T3 INVITA7'IONTO BiDDERS Page 1 of4 �ECTION b0 il 13 1NVITATIQN TO BIDDERS REC�IPT OF BIDS Di�t; 1a� 1I� ��.�1'li�� r{' E��e��g�nt�� 3ec�o€�� 1,�� tl�� iry �;r f�sr��l �JVc�rtEti aiy� �niif tl�ic �mer��.��s;��. slt� �H�:3�G{Frl. :Iti 241I1�.;.44�4'�� i� ��• �rul�Yf,. sealed bids far the construciion af 202a On-Call Street Light Cantract ("Projeci"} will be received by t[ae City of Fort Vi�arth Purchasi�g Of'fice until 1:30 P.M. CST, Thursday, October 29, 2020 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 ��1L�w ti'Jk�I �1� �k4'CL��J'�� IIV: 1. U� �lklj :1� t11� 11��C�li'.ti:+:1�11Vq'.: 2. L�v ciFuricr, f'e.t3C�r,urlutr�cic�ellve��' li-��m �2-317-1 :3�) i�f�r Ch�,rs�itivs+�n�v alliae��17 I'.o7�E l.�hlx� oi�C:ii}' f�� ll l+�s:�[�r� al 200 7'.,x�� Str��.i, f�csi�i VJartEt, fex�s 76] {1�.. 1� Purclias�n� f_ie�3�rlmen[ �€�t��e�sc�ii {vill L�e ��ral�abl� ia �ccepl Ilir t�id �117C1 p1�DV3�� c3 �1371� S�{trrt�e�i TM�e�c3��; o� 3. If [fte �+iildi:r,l�.�irts [n stil�mit il�e Ltc.l ��n:� 41�� or timc {titt�c�th��s �lie,l�s�gna��c� l�'hursd��', t�ie l�i,lil�:r e��i�.�i ccirnac t�li� J'tEr�hawi��. L)�p�rt�er�t di�rii��, nuem�sl ��errk ir� d i,riu� aG ti I 7-.��-��ifr? �u r��al�e ai7 a�}p+:Fintn�r�3! !ca n3e�:i u P��ecl�c��ii�� Deparune�! �1�7�7I{G4'C�$L II]L' S41llI�l L.IYLf 1,{'}�yE'3�' «t-i"�iiy I iall 3��:�iei� €tf �{}{}`I'e��..� Sireit, I�'�n 1�4+�r1��,. ��xr�s 7l, I ��. u�i�co�e �l�c l,iilis }�,��J I�ae re�eivc�i ai�d �.i»��IC�Sf� SLBJiii7�t� Ft5Il�1[?Y�, Bid,s will be opened publicly and read alQud at 2:00 PM CST in t11� {:��; C'c}�nc�l Ch��b�� a�ic[ ��r'{�adca*� 11�i rcru�l� Jive st�•�:�i�� an� �rW p� hlic� te[�:�ris3s�n whiE�li �;�i� i�e a�t�sseEi �L l�ttn:lf I'�,�e�k Fn]1Epx�as.t�crvlftivtrl.7'I��`.g�er7��'al �_f i i I}1��. wi�� t ��e �II[�wc-d i�M [��e Lity Cs3urfr il �;h�Grr�E�c��. - . f t1 ��Siti�. rn'�1�.� r.�i`,��:ir5�4rsnW�ccrnihlrt�.•cl [�fii3� Trxnr�: �i,��t.i� �tir❑.C�c� tr, I; �4 ]�'I�cG.:;�r`�1••� ��fk�' I i}1c.��C11';# �f,1fIII G-�t1�1 I I tl.l ��k�1�1�TIc'C.�I �f}'�� C�il�'f1ti�fil��i t11c C,'rty fi+r�3��t ��i.t.i a�r�r r;4� �I�i.l� r I,� 1.111 .} �+11 a��,m ni.'I fflt ��C��TrrG [�i1� 1?T,G!:{'t�c;: c�.iw- il��r I�ir }.�ItI �l�i�iilka� ��xtc, �.x�-�ti!:a�� f 1Ji4 �,ir.i ��,:r�ir:,_ �Mlmm+l - - GENERAL DESCRIPTION OF WORK The major work will consist oithe (appro�mate) following: The Contractorshall furnish all materials, labor, equipment, iransportation, insau-ance, pernlits and ather services necessary for complete instal�ation of street �ights for t�e City of Forth Worth Transportation and Public Works Depa�-tment. Miscellaneous work including one operator and piece of equipmer�t to per%rm work as neec�ed. Materia� shall be charged out at a rate not to exceed a fifteen percent markup. Performance frn any services described herefn will be initiated upon acceptance by t�e Contractor of a work order having the authorizing signature af the Pro ject Manager prior to commencing work at the site. Contractors will not perform against th is agreement without first having received az� officia� City of Fort Worth work order, except in emergency cases as detail below. CITY OP FORT WORTH 2O20 On-Ca[I Sireet Contrad STANDARD COAISTRUCTI ON SP�Cf FICA'�'ION DOGUMEIVI' Temporari[y Re visedApril 6, 2020 dueto COVIAI9 Emergency 0011 13 INVITATION TO BIDi7ER5 Page 2 of 4 All installation of signs and removal services except detour �narking includetraf�ic control devices and related costs. �1�1 traffic control meiY�od uiiIized by t11e Co��tractor shall meet the most current requirements as specified by the FHWA in the "Texas Manual on Uni�oz'm Traffic Control Devices {'I'MUTCD} for Sireets and Highways" and/or subseque�t amendments. All equipment to be used and all work to 6eperfor�ned must be in full compliancewith the t�aost current revision ofihe American National Standards Institute 5tandard, ANSI Z-13 3.1 (200�), and ANSI A300 (2008}, as amended and as foliow : Clearance from overhead wires: 9�n o�ler to achieve proper clearancc, �ncroaching lower branches shall be subordinated to a latezal branch tl�at is at least ll3 the diameter of branch rernoved or pruned back io the znain trunk. ➢ Because of weight loads firozn stammer foliage, dormant branches may need ta be cleared an additionaI 1�2 feet to achieve necessary clearances. ➢ Low�r branches that ineet proper clearance heighis a�d have diameters greater than ll3 of the trunk's diameter shall be reduced iu� oz�ier ta slow down growth and r�duce cornpetitian �rith the leader. Use reduciion cuts and sharten branches to latera�s that are at least 1/3 the diameter of the cut bra�aches. ➢ Pruning shall be canducted in a manner that maintains the crowz� s�ape and symmetry typical of the species being pruned. All debris should be placed away from t��e curb and sidewallcs to eli�x�inate k�azards for the reside�ts of the City of rort Worth. Additionally, all debris is to be removed at�d properly disposed of by the end oi each business day. Contractor shall repair divo�s and ruts created by fallen rr�aterial or equipment with blac� dirt and grass seed. CONTRACT AWARD & FUNDING This ITB (Invitation to Bidders) is to establish unit prices upon which #ask arders will be issued. The City reserves the right to a�c�vard one or more contracts to qualified bidders within i�s ic�entified project budget. Thez'e is no guarantee af the amount or value of work to be ordered. TIME PERIOD AND RENEWALS The time period of tnis Ag-eement will be fot' one calendar yea�• or the e�tration of the funding, whichever occ�ars last. The City reserves the right io r•etlew the cont�•act for up to three {3 ) additional time periods under tlie saine terms, conditions and unit prices. The City shall provide at leastsixty (60) days' notice ta the Contractor ofthe Gity's intent to renew. PREQUALIFICATION CITY OF FOIi1' WORTH 2O20 On-Cafl StreetContra� STAI�DARD CONSTRUCTION SPECIPICATION DOClINiEi�T TemparariiyIievisedApri16,202Dd�eto COVID19Emergency 00 1 I 13 IA] V1Tt1"TIONTO BIDDru� Page 3 of4 The improvements included in tlzis project must be perFormed by a contractor who is pre- qualified by t�e City at the time of bxd opening. The procedures for qualification and pre� qualificatiar� are ouilined in the Section 00 2 I T 3— INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Cantract Doc�aments may be e�mi� ed o r obtained on-line by visiting the City of Rort Worth's PurchasingDivisionwebsite at httU://www.fortworthtexas _e�•. `purchasin�i and clicking on ti�e link to the advertised project foldexs on ibe City's e�ectronic document management and collaboration system site. The Contraci Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be dowtilaaded from: https:lldocs.b36o.autodesk.tomishare5legd��co6-�ze� ��a�z-ate� �,q,74d �6d e66� The cost of Bidding and Contract Documen� is: N/!� Set of Biddii�g aind Contract Documents with full size drawings: N/A Set of Bidding and Contract Docurnents with half size (if available) drawings N/A PREBID CONFERENCE A prebid conference may be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDER� at the following date, and time via ;s }��eb c«ni�ere�n�i71�;��«li�:��i�an. DATE: Thursday, October 22, 2d20 TIME: 3:00 PM li'x �rrf3i�f c�c,rilereri+.;4� ��+ill l�r Iic�ftl,r�ICo��t vi� x� �ti�r.i�c.t}il�t°�i�c3��at{�}}licaGri�}r�. an*��aF��icr1i� will !r� ,�islribii�44f r.�io�c4•11y l�� lac}�c ��'�1irI1:11'��11I311'IICCLtij �}{�'kl'LS.tiEt}ItiSi]I �13��1'�rLRll rI7�'�feihj�'4'I1;w1Ii{;-'i��+ Prr�ject ��rti��T t1T7i.�}L�C IF14� I��til�..'11 �'11�..,�fiCL'I', TI�C 1}j��1t[E�ClUFi �I�+�TI ;i � I I�c• p�rl�ici ��tifi:r�:M�4;r a��i eny qncsE�or� �.nd{rnswcr� prc�vicic�c� :�1 �I�r. T,rtf}iri r:crnlerr�ir.e;vi11 �,� iss�ed as xu� A�1d�rici��rTt Qn the cs� I E f�r b��s �f r� prehid coi�ie,��en�e rs in.�t beir�� hw�:l[R, �ti�'o��e�tive k+i�tic,rs ca� e-rr��l ��estinna or c,{�mr��r�i� i�'u :3�cnt��onc� �vftll �.clic�n (� c�l��hc irr;tn��:tin�s� �s� 13id�ier; refere��eed al�nv� #n thc�arnjcc,t O��a��,er(�M �1 ��ie� �-mafR iGcitir�:.��;s �i��cc3 i�c�lc,w��, �ir7�iieE� cjuestir�ns�v�li st�i��ic; as "r�ues#ua��s in �,r�'i1i�f�" �3ElCI i�7�!'��]lElCL'iTl�LiElO ��l]'i]]cill�' m�G�l ��4�t�stia,�7� iw sus�e��ded, I�'��ess�'} �r��i �ci� wi]] i�e issrxt.t� u�rs��ni ic� ihe i n�[�-��ics�w{� 1�� lilticicr�. CITY'S R�GHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and Eo accept or reject bids. AWARD City will award a contract to the Bidder presenting the Iowest price, qua�ifications and competencies considered. INQUIRIES All inquiries relative to this pracurement should be addressed ta the foilowing: Attn: Clint Hoover, P.E., City of Fort Worth Email: C1int.Hoover@fortworthiexas.gov Pnone: 817-392-5573 CITX OF FpRT WORTH 2O20 On-Call Street Confracl S'I'Ai*IDARD CON3TRUCTTON Sl'ECIFICATION DDCUME�Il' Tetztporarily Revised April 6, 2020 dueto COV1D 19 �mergency , 0011 i3 INVITATIONTO }3IDDERS Page 4 of4 AND/OR Attn: Roy Fickel, TPW S�perin#endent EmaiI: Roy.Fickc,�;urtworthte�s.�ov Phone: 8I7-392-2882 C�PF�I��ti�IC��ti [)i� iiV�f'L-;I��fJti'l' 'I�'o enw�ir� bEd�ict� ar� Iccpt �� tc+ �€�r[� �}1��33i}� aic�sa� lii�ir��ff�ti;i(n�l CI�ILF��[tl Ef.l lF315 j?Y{��CCI fif l�]� �t �:)Vli.}]'.� en�cr�e�scy si�:��r_ttE�sr�, iEw �irrie��c�c�ci, ;i� Rt F�r��y r�:L�te tt� thi� �Srnjec�, I�i�ide�� are �'C{��E�5��:4� �C}�171a1EI �_7�j}1��s�crns �F1'!n[er�sl in �his �>r��u��rc�t��rt 1a:� 1he C��}' Pru�ec� hrlaiis,�er a3�+� �1L` E-}�SI�II ��f3�117��C_�T'I]E` G'l7i81I �I1CrLIELI 61�1=�1H�$- L�1C L}II�I�GI'FS{'t)311}?:111}�' IlSllllt. ifSi3IF!CC F}CJ:SL�El,tFI�E indivicl�a3s c�nail �ulrlre� ai�c� �+i�c,ne; nun�b�r, �1�a rldcicG�f� v��ill �]z di;iri�xurerl tt�eectly to th�s� 4��n lrave cxpre�s�ci �n i��t��est 1�� lie. �}rc�4�4lr�m�;Frt �II]d �Y�II �Is� be�)�>�#�d lit f�e C��_Y o��Fnrt 1�Jra,��l�'� t}u�'�:li�siE�� u+eL3site ak http %tortk�rthtexas.gav/purchasing/ PLAN HOLDERS To ensure you are �ept up ta date of any new information pertinent to this projec� such as vvhen an addendais issued, dovvnload the Plan Holder Registration form to your computer, cainplete and email ifi to the City Project Manager. Tl�e City Project Manager and desiga Engineer are responsihle to upload the Plans Holder Registration formto the PIanHoldersfolder in BIM360. Mail your completed Plan Holder Registraiion fonn to tk�ose listed in 1NQUIRIES above. ADVERTISEMENT DATES October 8, 2020 October 15, 2020 END OF ,SECT�ON CI'1'Y OF FORT WdRTH 2U20 On-C�[[ Street Contrad STANAARD CONSTRUCTIOT�I SY�.CTFICATION BOCUMLNf 'I'emporarilyRevised Apri16, 2020 due to COVID 19 Emergency 00 21 13 INSTRiJCTIONS TO B1D1JkslLS Page 1 of 10 SECTION 00 21 13 1NSTRUCTIQNS TO BIDDERS 1. Defined Terms 11. Terms used in these INSTRLTGTTONS TO BIDDER,S, wlaich are defined in Section 00 72 OQ - GENERALCONDITIONS. 12.Certain additional terms used in ihese iNSTRUCTIONS TO BIDDERS have the ineanings fndicated below which are applicable to both the singular ar►d plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, oz' carporation acting directly through a duly authorized representative, submiiiing a bid for perfornning the work contemplated unc�er the Cantract DocUments. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corparation acting directIy through a duly authorized representative, submitring a bid for perfortzzi�gthe worlc contemplatedundertl�e Contract Documents whose principal place af business is not in the State ofTexas. 1.23. Successful Bidder: Tbe ]owesti responsibleandresponsive Bidderto whom City (on the basis af City`s evaluatian as hereinafter provided) makes an award. 2. Copies ofBidding Documents 2.1.Neither City nor Enguleer sha11 assu:nrfe any responsibiIity for er�•ors or misinterpretations resultingirom the Bidders use of incox��plete seYs of BiddingDocuments. 2.2. City and Engineer in making copies of Bidding Documents avaiIable do so only for the purpose of ab�aining Bids for the Work and do not auihorize or confer a license or g}�ant for any other use. 3. Prequali�cation of Bidders (Prime Contractors and Subcontraciors} 3.i ,AIIBiddersandtheirsubcantractorsarerequiredtobeprequalifiedforthe�wat'ktypes requtring prequalification at the time of bidding. Bids r�ceived frorna contractors who are not prequalified shall not be apened and, even if inadvertentIy opened, shall not be considered. Preyualification requirement work types and docutr�entatian are available by accessing a�l required files through the City's websit� at: 1�ttps:f/anns.forfworthtexas.�ov/Pro'�ectRe�vurces/ 3.1.1. Paving—Reyuirements docu�nent located at; https:,,apps.fortv,+ortht�,xas.�ov/Pro�L.,tResau�ces/Res�urcesP/02� 020- %20Construction °/a2DDocuments/Contractor°1o20Prequalification/TPW%20Pavin� %20Gontractor%20Precaualification%2 QPro�ram/PREQUALI�ICATION%20REQ UIREMENTS%20 F'�R%20I'A VING%24CONTRACTORS.pdf CITY OP PORT WORTI�T 2020 On-Cal1 Sirect Coniract STANDARD CONSTRUCTiON SPECIFICATION DOCUM�Nf Temporarily Revised ApriE 24, 2020 due to COVID19 �mcrgency 00 21 13 INSTRUCI'1'ONS TO BIBDERS 1'age 2 of 10 31.2. Roadway and Pedestrian Lighting— Requirenr�etxts document located at; https ://apps.foriworthtexas. �ov/ProiectResourcesfResourcesP/02°�020= %20 Construction°/a20Do cwn ents/Contractor%2dPrequa lificationl�'W%20Raadwa y%2Qand%20Pedestrian%20Li�htin�%20Prequalification%20Pro�rat�JSTREET% 2�LIGHT%20PREQUAT %o20REQMNTS.pdf 3.T .3. Water and Sanitary Sewer— Requirements dacument locatedat; ht�ps ://apps.fortwo rthtexas. �av/Pro1e ctReso urces/ResourcesP/02%20 - %20Consttuction%20Documents/Con#racta�/o20Preqval ification/Wate�%20and%2 C}Sanit�rv%20 Sewer%ZOContractor%20Prequalification%20Pro�ram/W SS%o20�re auaI%20rec�uirements.pdf 3.2. Each Bidder, unless curxezatly prequalif ed, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 ] 1, BIDDERS PREQUALIFTCATTONS. 3.21.Submission of and/or questions relatedio pz'equalif cation should be addressed to the C�ty conlaci as provided in Para�'aph 6.1. 3.22.°I-FiNl�'i]J�lll2�' I'�{�_)C'F,�.�l.!��i� I�i��: �I'(� C'(�Vt�-I�}; l� Bi�3i�er ,��I��: �x��.�cjiiulii�ict��ac,�� r�x c�Fair<•�k �luri�� Ir� 1tr�� 4t�ri�3d 14I1C1C 3 ti�i��L� e��3-��i�c.y rsrtit°�� is iii �,Et+c�e {I��f��trl, ��:�I{�, k+M�,{!? ��M� Es�a� 3�f �� I �]Zc �-tp�r��i�.�i� a+!' 11r' enye��.4nt�y �}rxier w�lls 11�� I��r�lrcw� +��ar�+�a�,�r E3:,t�: — I}� �E�4 �rd arrsriitli. �vi�l not t�€� �uinn3�i114;,1<<k' l�[StlLl�t�ll I�C� I'i��iii li��wors�; Ei�r I3icicl�G''w lriG� ��c•ii�l. ,� f3i��er in L��i.�4 5ittiol�nr� }+�ill have ot.� hirl c}�ae��cxi �ai�l rirF41 t�l{},;�i :uxl �,�ill i,c all�.r�vs�d 5 h��siiie�� d�ys {r3as� ol� �iii�fr«:s�; crn Iht 5"' rt��y1 Rr, �t�f��is ;� cs�H77r�l�t� E�eer��lit-icatic�i ��n�.wu� �,�.cka�.e. I�.i�li.ii�� c} I��ly� s�r��nfi�, c,a ��1�5r7�iE��l �,� �i7 incnmpaepe �i�cka�, �4�ill rtitdtir �te f�li�fJ�T{4 bfGl rf��rt-r��Foc�Gir�ivc, �t� ri;e �xrec�u:tlit-ic�t�ur r�ne3vu� r3nctu7�ent� shaw �ts� l3id�ier ��.w rkcrxv n<��-4G��:ali1'ictci, t�t� I�iri w��Cl f�e i��ttl�red ��s�i- 7'�5�1(5�7SkV�. A BiCE�4f ]753� ix�i u� thiw �xG��a1i{�T� t+�} st��: .i rrrc��u:iEifi��linP3 sta�u{s l��ater �h�ri �hK« �v[��r;h �vt�s in �,l��u: ui' [��r. 4�.�1� tF1' ��1a��it:Far, �4 E�Ed��r �a��3rs �e�S;{E [t� ii3c�ase i1� F�i�q�t�lil��caiic+n SleitllS I11LiSl t�t�ilt�u 11Xc [raciilic�nal �ul�irrttt�lleevie��r ��xs�ess , 33.The City resezves the rightto require any p�-qualified contractorwho is the apparent low bidder(s) for a project tio submit such additional informatior� as the City, iri its sole discretion may require, including but not limited to manpower and equipment records, information about �ey personnei to be assigned to the project, and construction schedule, to assisi the City in eva�uafing and assessing the ability af the apparent low biddet�s} io deliver a quality product and success�ully complete projects for the amount bid with� the stipulated time frame. Based upon the City's assessment of the subrnitted infotrr�ation, a recommendation rega�Eing the award of a contract will be made to the City Council. Failu� to submit the additional information, if requested, may be grounds for rejecting the appar�nt low bidder as non�responsive. Affected contractors will be natified in writing of a recommendation to the City CounciI. 3.4.In addition to prequalifcation, additional requzreznents far qualification may be requit�d within various sections of the ContractDocumenYs. CITY OP FOIL'1' WORTH 2020 On-CaI[ Street Contract STANDARI7 CONSTRUCTIOt�! SP�CIPICATION T]OCUME[t1T TemparariEy Iievised Apri124, 202Q duc to CO VID19 Emergency 00 2I I3 INSTKUCT10N5 TO BIDBERS Page 3 of 10 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before subaaa.itting a Bid, each Bidder shall: 4.1.1. Examine and carefi�lly study the Contract Documents and other related data identified in the Bidding Documents (including "technicaI data" referred to in Paragraph 4.2. below). No i nformation given by City or any representative of the City other than that cantained in the Contract Documents and officially promulgated add�nda the;reto, shall he binding upon the City. 41.2. Visit the site to become familiar with azad satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Constder fecleral, state and local Laws and Regulations that may affect cos� progress, performance or furnishing of the Work. 4.1.3. 4.1.4. Study all: (i) reports of explorations and tests of subsurface canditions at or caniigtaousto the Site andall drawings ofphysical conditionsrelatingto exisEing surface or subsurface structures at the �ite (except Undergro�nd Facilities) that have been identified in the Contract Documents as containing reiiable "technica] data" and (ii} reports and drawings ofHazardous En�ironmental Conditions, if any, at t1�e Site that �ave been identified in the Contract Docurnents as containing reliable "technical data" 4.1.5. Be advised that the Contract Documents on file with the City s�aII constitut� all of the infonnatiot� �+hich the City will furnish. All additional infartnafion and data which the City will supply after promuIgation of the farmal Cor�tract Documents shall be issued in the form ofwritten addendaand shall becom� part ofthe Contract Documents just a,s though such addenda were actually written inio the originaI Contract Documents. No information given by the City other than that coniained in the ContractDocume��ts and afficially promulgated addendathereto, sha11 be binding upon the City. 41.6. Perform independent researcla, i�vestigations, tests, borings, and such other mea�s as may be necessary to gain a cox�plete knowledge of the conditions whicn will be encountered during the construction af i�he project. On request, City rnay provide each Bidder access to tl�e site to conduct such examinations, investigations, explorations, tests and studies as each Biddez' deems necessary for submission of a Bid. Bidder must fill alI holes and clean up and z'estare the site to its former conditions upon completion of such exploratioz�s, investigations, tests and studies. CTTY OF PORT"GVORTH 2020 On-Ca[I StreeE Coizlract 3TANDAKD CONSTRUCT[ON SPEC1F1Ct1'I'ION D�CI JN�II' Temporarily RevisedAprit 24, 2D20 dttc to COV1Dl9 Emergency 00 21 13 INSTRi1CTIONS TO BIDIJERS Pagc 4 a f 10 4.1.7. Determine the difficulties ofthe Work a�d a11 attendingcircumstances affecting the cast of doing the Work, time required for its completion, and obtain alf information required to make a proposal. Bidders ,shalI z'ely exclusively and solely upon their own estimates, investigation, reseai�ch, tests, exploz'ations, and other data which are necessary for full and com�let� informatian upon vvbich the proposal is to be based. It is understood that the submission of a praposal is p rzaaa�facie evidence that the Bidder has made the investigation, examinations and test,s herein required. Claims for additional compensation dueto variations between condiiions actually encountered in cons�truction and as indicated in the Contraci Documents wiIl not be alIowed. 4.1.8. Pr'omptly notify City of aII conflicts, errars, ambiguities or discrepancies in ar between the Cot�tract Dacuments and such otherre�ated documents. The Cai�tractor shall not take advantage of any gross error or omissioi� in th e Contract Documents, and the City slaall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of#he intent of the Contract Docu�ents. 4.2. Reference is made to Sectia�� 00 73 00 — Supplementary Conditions for identification of 4.2.1. those reports oiexplorations and iests o�suhsurface conditions at or contiguous to the site which have beenutilized by City in preparation ofthe Contract Documents. The logs of Soil Borings, if any, onthe plans are for general infonnation only. Neither the Cifiy nor the Engineer guaratatee that the data shown is representative of conditions wllich actualIy exist. 4.2.2. those drawings ofphysicat conditions in orrelatingto existingsurfaceand suhsurface sfructures {except Underground Facilities} which are at or contiguous to the site that have been utilized by City in preparatio n of the Contract Documents. 4.2.3 . copies of such reports and drawings will be made a�ailable by City to any Bidder pn request. Those reports and drawings may not be part of the Contract Dacuments, but the "technical data" cantained ih��in upon vvhich Bidder is entifled io rely as provided in Paragraph 4.02. of the General Conditions has been identi�ed and estabIished in Paragraph SC 4.02 oithe Supplementa�ty Conditions. Bidder is responsible for any interpretatian or conclusion drawn from any "technical data" or any othe:r data, interpretations, opinions or information. 4.3. Th� submissio�� of a Bid will constitute an incantrovertible representation by Bidder (i) that Bidder has cotzaplied with every requirement of this Paragraph 4, {ii} that wzthout exceptionthe Bid is premised upon perfornung and itarnishing the Work required by tIae Coniract Docum�nts and applyi�g the specific ineans, methods, techniques, seyuences or procedures of construction (if any) fhat tnay be shown or indicated or expressly required by the Contract Documents, (iii) t�at Bidder has given City written notice of all conflicts, errors, ambiguities and dzscrepancies in the ContractDocuments and the wriften resolutions thereofby City are acceptableto Bidder, and when said conflicts, etc., I�ave not been resoIved i�x'ough the interpretations by City as described in Paragraph 6., and (iv} that the Contract Dac�unents are generally sufficient to indicate and convey understanding of all ternas a�d conditions for performing and furnishing the Work. CITY OP FOIZ'I' WORTH 2O20 bn-Call Sirccl Contract STANf�AitD C4NSTRUCTI�IV SP�CIPICATION 170CUMErTI' Tempararily iZevisedApril 24, 2020 due to CdV1D19 Emergency OD 21 I3 INSTRUCTIONS TO BIDDERS Yage 5 of 10 4.4.T�e provisions ofthis Paragraph 4, inclusive, do �aat apply to Asbestos, Polycl-�orinatec[ biphenyls (PCgs), Petroleum, Hazardous Waste o;r Radroactive Material covered by Paragraph 4.Q6. ofthe General Conditions, unle,ss speci�cally identified in the Contiract Docuznents. �. Availability of Lands for Work, Etc. 5.I .The lands uponwhichthe Work is to be performed, rights-of-way and easements for access thereto and otlaer lands designated for use by Contractor in performing the Work are identiiied in the Cantract Documents. All addi#ional lands and access thereto reqta ired for tem�orary construction facilities, construction equipm ent or storage of materials and equipment io be incorporated in the Work are to be obtained and paid for by Contractor. Easements for perrz� anent structures or permanent changes in exisiing facilities are to be obtained and paid forby City unless otherwise pro�ided zn tk�e Contract Docurnents. 5.2.Outstanding right-of way, easements, and/or permits to be acquired by the City a� lisfecl in Paragraph SC 4.01 of the S�pplemenfary Conditions. In the event the necessary right- af way, ease�nents, and/or permits are not obtazned, the City reserve� the right to cancel the at�vard af contract at any time beforE the Bic�der begins any construction wot-k on the projeci. 5 3. The Bidder shall be prepared fo commence construction without all executed right-0f- way, easem�e�ats, and/or perrnits, and shalI submii a schedule to the City of l�ow construction w�ll proceed in the other areas of the project that do not reyuire penn its and/or easeznents. 6. Interpretaiions andAddenda 6.1. Alt questions about the meaning or intent of the Bidding Docuzxzenfs are to be directed ta City in wt-iting on or be£ore 2 p.m., the Monday priar to the Bid opening. Questions received afte�� his day zn ay not be responded to. Interpretatio t�s or clarifications considered nocessary by CYty in response to such quesiions will be issued by Addenda delivered to all parties recorded by City as having receivedthe BiddingDocuments. Only questions answered by formai written Addenda will be binding. Oral and other interpretations or cIarificatio ns vvill be without legal effect. Address questions to: City of Fort Worth 2a0 Texas Street Fort Worth, TX 76102 Attn: Clint Hoover, PE., Transportation a�d Public Woiics Deparhnent Fax: 817-3 92-2533 Eimail: C1int.Hoover(a)fortworthtexas.�ov Ph o�e: 817-3 92-6573 6.2.Addenda may aIso be issued #o modify the Bidding Documents as deemed advisable by City. CITY OF FORT WORTH 2Q2� On-Call Street Contracl STANDA.RD COAISTRUCTION SPECIkIGATiON DbCUMENT' TeenporarilyRevisedApri124, 2020 c[tteto COVID19 �mergency pp21 13 INSTRilCT10NS TO B11a1�ERS Page 6 of I 0 b3. �lddenda or clar�caiions may be postecE vial:he City's electronic documentmanagcment and collaborationsystem athttosJldocs.b364.auiodesk.cornlprojects/7e0198ed-08�c- 428c-86af f09d04b3c54flfolde lurn:a k.wi rod:fs.folder:co.00u►+ T NSba7rGkenSbZnAldetai� b.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representativ�s ofCity will be present to discuss the Proj ect. Bidders are encouraged to attend and participate in t�e conference. City will transmit to alI prospective Bidders oirecord such Addenc�a as City considers necessary in response to questions arising at ihe conf�rence. Oral state a�ents may not be relied upon and will not be binding or Iegally effective. '�. Bid Secn�riiy 7.1. Each Bid :n� ust be accompanied by Bid Bond made payable to City in an antount of five (5) percent of Bxdder's maximum Bid price on form attached, issued by a surety meeting the requirements ofParagraphs 5.01 ofthe Genera� Conditions. 7.2. TIte Bid Bond of all Bidders will be reiained until the conditions of ihe Notice ofAward have been satisfied. If the SuccessfuI Bidder fails to execute and deliver the complete Agreement within 10 days after theNotice of Award, City may consider Bidder to be in defauIt, rescind the Notice of Award, and the Bid Bond of that Bidder will �e iorfeited. Such forfeiture shall be City's e�clusive remedy if Bidder defaults. The Bid Bond of all otherBidders whom City believes to haue a reasonable chance ofreceivingthe award will be retained by City until final contract execuiion. 8. Contract Times The number of days within which, or the dates by vvbich, Milestones are to be achieveci in acco�ance with the General Requirements and the Work is to be completed and ready for Fi�nal Acceptance is set forth in the Agreement or iricoipa�ted ther�in by refe�•ence to #he attached Bid Form. 9. I..i€�rirr�atec� Dnroage5 p'ri�visians t-�r I�qui�ated d:tr��,es �re 42t fr�G��x in lE�e �lgreerr7�it�., la. SubstituYe and "Or�Equal" Ifems The Contraci, if avvarded, will be on the basis of materials and equipmeni described in the Bidding Docuznents without considera�tion of possible suhstitute or "or-equal" items. Whcnever it is indzcated or specified in the Bidding Documents that a"substiY�rte" or "ar� equal" item of znaterial or ec�uipment may be furnished or used by Contractaz' if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the A�-e�ment. The procedure for submission of any such application by Contracior and considerationby City is set forth in Paragraphs 6.OSA., 6.OSB. and b.OSC. ofthe General Cond itions and is supplemented iza Section 0125 00 of the General RequiremEnts. 11. Subcontractors, Suppliers and Ot�►ers C1TY OF FORT WpRTH 2O2Q On-Call Street ContracE ,�TA.�+]J�ARD COIVSTRUCTION SP�CIFICATTON DOCUMENI' TemporarilyRevisedApri124, 2020 dueta CO'VID19 Emergency 00 21 13 INSTRUC"f I ONS TO BIDDEI2,S Page 7 af ] 0 J 1. Z. In accordance with the City's Business Divcrsity Enterprise Ordinance No. 20020- 12�2Q11 (as amended), the City has goaIs for ihe participation ofminority business and/ar small business enterprises in City cantracts. A copy o�the Ordinance can he obtained from the Office ofthe City 5ecretary. The Bidder s�all submit the MBE and SBE Ufilizatian Form, Subcontractor/Supplier Utilization Foraaa, Prime Contractor Waiver Form and/ar Good Faith Effort Form with documentaiion and/ar Joint V�nture �'ortn as appropriate. TheForms including documentationmust be received by the City no later than 2:00 P.M. CST, on the second busincss day aftertk�e bid opening date. The Bidder shall obtain a receipt from the City as �vidence the documentatior� was received. Failu� to comply shall render the bid as non- responsive. 11.2. No Contractor shaIl be required to e nrxploy any Subcontractor, SuppIier, other peison or arganization against whom Ca��tractor has reasonable objection. 12. Bid Form i 2.1. The Bid Form is included with the Bidding Documents; additional copies may be abtained from the City. 12.2. All blanks on the Bid Form must be complEted by printing in ink and the Bid Forin signed in ink. Erasures or alterations shal� be i�itialed in znk by theperson signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price ite nn lzsted therein. In the case of optional altematives, the words "Na Bid," "No Cha�ge," or "Not A�plicable" may be entered. Bidder shall state the prices, writtei� in in k in both woYris and numerals, for which the Bidder praposes to do t1�e work contemplated or furnishmaterials rec�uired. All prices shall be rvritten legibIy. In case of discrepancy between price in written words and the price in wriiten numerals, i�e price in written words shall govem. 12.3. Bids by corporatiorts shall be executed in the corporate name by the p;residez�t or a vice-presideni or other corporate officer accampanied by evid�nce of autharity to sign. ThE corporaie seal shall be affixed. The corporate address and state of incorporaiion sha11 be shown belowthe signatu�. 12.4. Bids by partnerships shall be executed in the partnership nameand sign�d by a pat-tner, whose title must appear under the signature accampanied by evidence of authority to sign. The official address ofthe partnership shall be shown beIow the signature. 12.5. Bids by Iimited liabi]ity companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state offormation oi the firm and the official address ofthe firm shaJl be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint �enture in the manner indicated on ihe Bid Form. The official address ofthe joint venture shall be shown. 12.8. AII names shall he typed or printed in ink belowthe sig�aature. CITY OF FOR'�' WORTH 2020 On-Cal[ StreetContraG STANi]ARD CONSTRUCTION SPECIk'ICA'FIpN DOCUMINI' Tempararily RevisedApri124, 2020 due to COVIDI9 Emergcncy 00 21 13 INSTRUCTIONS 'r0 $IDDERS Page 8 of 10 12.9. Th� Bid shall contain an acknowledgement af receipt of all Addenda, thenumbers of which shall be filled i�a on the Bid Form. 12.10. Postal and e-mail addx'esses and telephonenumber for cominunicatians rega�•dingflie Bid shall be shown. l 2.11. Evidence af authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendo�� Coirnpliance to State Law Non Resident Bidder 13. Submission of Bids B�ds shall be submitted on the prescribed Bid Form, provided with the Bidding Docuinents, atthe tinr�e and place indicated in the Advertisement arINVITATION TO BIDDERS, addressed to �urck�asing 1Vlanager of ti�e City, and shall be enclosed in an opaque seaied envelope, z�aarked with the City ProjectNumbar, Projecttitle, the name and address of Bidder, and accampanied by the Bid security and otl�er required documents. If the Bid is sent through the mail or other delivery system, the seaIEd envelope shall be enclosed in a separat� envelope with the notation "BID ENCL05ED" an ihe face of it. 14. Modi�cation aud Wit�drawal afBids 14.1. Bids addressed to tb e�urchasing Manager and iiled with the �urchasing Office cannot be withdrawn prior to the time set forbid opening. A irequest for withdrawal must be made in writing by an appropriate document duly execu�ed in the mann�r that a Bid must be executed and delivered to the p]ace where Bids are to be submit�ed at any time prior to the opening of Bids. After ali Bids not requested for withdrawal are opened and publicly read aloud, tl�e Bids far which a withdrawal req�est has been properly filed may, at t1�e optron ofthe City, be returned unopened. 14.2. Bidders may modify �heir Bid by eIectronic communication at any time prior Ya the tim� set for the cIasing of Bid receipt. 15. Opening of Bids Bids wiIl be opened and t�ad aIoud publicly at the place where Bids are to be sub:nnitfed. An abstract of the amounts of ihe bas� Bid,s a�ad major alternates (if any) will be made available to Bidders afterthe opening of Bids. 16. Bids to Remain Subjecf to Accep�ance All Bids will remain subject to acceptance for the tita�e period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, reIease any Bid and nulliiy the Bid securitiy prior to that da#e. 17. Evaluation of Bids and Award of Contrac� CITY OF FORT WOKTH 2O20 dn-Call Street ConLrac! STAN7JARD CpNSTKUCTION SYECIPiCAT10N DOCUMENI� Tcm�orarity Revised Apri124, 2020 due to COVIDI9 Emergency oozl i3 1NSTIZUCTIDNS TO BIDDEKS Page 9 of 10 17.1. City reserves the right ta reject any or all Bids, including without limitatio�a the rig�ts to reject any or aII nonconfornaing, nonresporjsive, unbalanced or conditional Bids and to rejectthe Bid of any Bidder if City believes that it would not be in the best interest of the Pro ject to make an award to that Bidder, whether because the Bid is notresponsive or the Bidder is unquaJi�ed or afdoubtful iinancial ability orfails to meet any other pertinent standard or criteria established by City. Ci1y also reserves the righti ta waive informalities not involving price, contract time or cl�anges in the Wox�C witih the Successful Bidder. Discrepancies betvveen the rnultiplication ofunits af `Nork and unit prices will be resoIvod in favor af the unit prices. Discrepancies betvveen the indicated sum of any column of figu res and the co�-�•ect sum thereof will be resolved in favor of the correct sum. Discrepat�cies between words and figu�s will be resolved in favorofthe words. l 7. l.1. Any or all bids will be rejected if City has reason to believe that collusion e�s amang the Bidders, Bidder is an interested party to any litzgation against City, City or Bidder may ha�e a claim against the other or be engaged in litigation, Bidder is in arrears on any existing con#ract or has dafaulted on a previous contract, Bidder has perfarmed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work�vhichin the judgtnent oithe City wi11 pz'event or hinder the prompt completio� of additional work if awarded. 17.2. City may consider the quaIifications and e�perience of Subcontractors, Supp�iers, and other persons and organizations praposed fortt�ose portions ofthe Work as io which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the ContractDocuments or uponthe request ofthe City. Cify also may consider the operating casts, maintenance requirements, performance data and guarantees of major items of znaferials and equipment proposed for incorporation in the Work wh�n such data is required to be submitted prior to the Notice of Award. 17.3. City t�aay conduct such investigations as City deems necessary to assist in the evaluation ofany Bid and to estabIish therespansibility, qualifications, and iinancial ability of Bidde�•s, proposed Subcontractors, �uppliers and other persons and orga�izations to perform and furnish the Worl� �n accordance wi#h the Contract Documer�tis to City's satisfaction within the pirescribed time. � 7.4. Contraciar shalI perform with his own organizaiian, work of a vaIue not less than 35% of the value embracecl onthe Contract, unless otberwise approved by the City. 17.5. If the Coniract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whase evaluation by City indicates that the award wiII be in the best interesfis of the City. 17.6. Pursuantto Texas Govent��tnent Code Chapter 2252A0�, the City will not awa�'d contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amovnt that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. CITY OF FORT WORTI J 2020 On-Call Street Contract S1'At1DARD CONSTRUCTiON SPECIPICATTON DOCUMENT Temporarily Revised �,pril 24, 2D20 due to CO'U11] 19 Emergency DO 21 13 INSTIiUC'�'IONS TQ BiDDL•�2S Page 1 D of 10 17.7. A contract is ��ot awarded until formal City Counci� authorizaiion. Ifthe Contract is to be awarded, City vtTzll awaf•d the Contract within 90 days at�er the day ofihe Bid opening unless extended in writing. No otheract of City or others will constituie acceptance of a Bid. Upan the contractor award a Notice of Award will be issued by the City. 17. i l. The contractor is required to £'ill out and sign the Certi%cate ofInterested Parties Form 1�9� and the forna xxaast i�e subrnitted to the Project Manager before the cantract wilE be presented fo the City CounciL The form can �e obtainedathttnc•�.//ww�ethics.st t€ .�is/data/for�ns/129_51]29�.n� 17.8. Failure or refusal to compIy with the requiretxzez�ts znay res�alt in rejection of Bid. l 8. Signing of Agreement I$.1. When City issues a Notice ofAward to fihe Successful Bidder, it will be accompanied by the requiracl number of unsigned counterpa�-ts of the Agreement. Within 14 days thereafter Contracior shaIl sign and deliverthe reqnired number of caunterparts ofthe Agreemeni to City with the required Bonds, Certificates of Insurancc, and all other required docuz�nezatatior�. 18.2. Failure to execute a duly awarded contact may subj ect the Contractor to penalties. 18.3. City shaII thet-eafter deliver one fui]y signed counterpartto Contractor•. END OF SECTION GITYOFPOKT WOKTI� 2D2D On-Ca1lStreetContrad STANDARD CONSTRUCfTON SPECIFICATIOIV DOCUIVIFN'Nl' TemporarilyRevisedApri124, 2020 due to COVIDI9 �mergeaicy 003513-1 CONFLiCT OF INTEREST AFFIDAVIT Page 1 of 1 1 2 3 4 5 6 7 8 9 16 11 12 13 14 15 16 �7 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 SECTION QO 3� 13 CONFLICT �� 1NTEREST A.FFIDAViT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City af Fort Worth (also referred to as "City") pracurement are required to complete Conflict oflnterest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) belaw pursuant to state law. This affidavit will certify thatthe Bidder has on fle with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may alsa be downloaded fram the website links provided below. hi�p:iiwww.ethics.state.tr�.u�Jforms/CIQpdf �ttp://www.ethics.state.txc.us/forms/CIS.pdf 0 0 � 0 CIQ Fontt� is on �ie with City Secretary CIQ �orr� is being provided ta the City Secretary CIS Fortn is on File with City Secretary CIS Form is being provided to the City Secretary SIDDER: Bean Eiecfrical Inc. Company 821 E Enon Address i� � . By: Ra E Bean II ' (�ieas rin� — — - , i, Signature: , :i�: � Fort Worth TX 76140 Title: President City/S#ate/Zip (Please Print) END OF SECTIOI+i C1TY OF FORT WORTH STANDARD CONSTRUCT[ON SPECIFICATION DOCUMENTS Revised March 27, 20I2 2020 On-Call Street Light Contract 06 4i 00 Blfl FORM Page 1 of 9 SECTIOA� 00 41 00 Blb FORM TO: The Purchasing Manager c/o: The Purchasing Div�sion 20fl Texas Streei Ci#y of Fort Worf�, Texas 76102 FOR: 202D On-Call Street Light Contracf City Praject No.: N/A UnitslSections: Street Lighting 7. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidcfing Documents to perform and furnish all Work as specified or indicated in fhe Contract Documen#s tor the Bid Price and within the Cantracf Time indicafed in this Bid ar�d in accordance wi#h the otf�er terms and conditions of the ContractDocuments. 2. BIDDER Acitnowledgements and Certification 2.1. �n submitting this Bid, Bidder accepts all of ihe terms and canditions of the INVITATION TO BIDDERS and I�fSTRUCTIONS TO BIDDERS, including without limifation those dealing wifh the disposition of Bid Bond. 2.2. Bidder is aware of ail cos#s to provide the required insurance, will do so �ending contract award, and will provide a valid insurance certificate meeting alf requirements wifhin 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the inierest of or on behalf of any undisclosed indi�idual or entity and is not subrr�itied in conformity with any collusive agreement or r�les of any group, association, organization, or carpora#ion. 2.4. Biclder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individua! or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraucfulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" rneans #he offering, gi�ing, receiving, or solicifing of any thing of Waiue likely to influence the action of a public official in tP�e biddin� process. b. "fraudufeni practice" mea�s an intentional misrepresentation of facts made (a) to influence fhe bidding process to the detriment of City {b) to establish Bid prices af artificial non-competitive levels, or (c) ta depri�e City of the benefits of free and open competitiQn. c. "coff�sive practice" means a scheme or arrangemen# between two ar more Bidders, wi#h or without the knowledge of Cify, a purpose of which is to establish Bid prices at artificial, non-competifi�e le�els. CITY OF FORT WORTH STAN�ARD CON5TRUCTION SPECI�ICATION DOCUMENTS Form Revised March 9, 2020 00 41 00_Bid �ropasal Workbook for 2020 On-Cal! Street Light revised 0o ai ao BfD FORM Page 2 pF 9 d. "coerci�e practice" means harming orthreatening fo harm, clirectly or indirectly, persons or #heir property to influence iheir participation in fhe bidding process or affect #he executian of the Contract. 3. Prrequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Street Lighting b. c. d. 4. Time of Campfefion 4.1. Time of compfetion will be determined on a per work order basis. 4.2. Bidder accepts the provisions af the Agreement as to liquida#ed damages in the evenf of failure to complete the Work {andlor achie�ement of Milestones} within the times specified in the Agreement. 5_ Attached to this 6id The following docurnents are attached ta end made a part of this 8id: a. This Bid Form, Section 00 �1 OQ b. Required Bid Boncl, Section Od 43 93 issued by a surety meeting the requiremer�ts of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section Q4 43 37 e. MWBE Forms (optior�al af time o� bid) f. Prequalification Statement, Sec#ion OD 45 12 g. Conflict of Interest --- -- �" - " Section 00 35 13 �If necessary, CIQ or CIS farms are to be pro�ided direcily to City Secreiary F�. Ar�y additional documents that may be required by 5ection 12 of the Instructions to Bidders 6. Total �id Amount 6.1. Bidder will complete the Wark in accordance with the Contract Documents for the following bid amount. in the space pro�icEed below, please entar fhe total bid amount for this project. Only fhis figure will be read publicly by fhe City at the bid opening. 6.2. It is understood and agreed by the BidcEer in signing this proposa! that the total bid amount �n#er�d below is cirir oF FoRr woarH STANDARD CONSYRUGTION SPECIFICATION DOCUMEMTS Form Revised Maroh 9, 2a20 00 41 00_Bid Propasal Workhook for 2020 On-Call Street Llght revised OQ 41 00 BID FORM Page 3 of 9 subject to �erification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantitie5 shown in this proposal and then totaling aI! of #he extended amounts. 6.3 7. Bid Submittal This Bid is �a1S�rRted on ��t�i�er ��; ��0 . � �� Respecffj�liy �ubmit�d, � i�, By: ' (Signature) ��G (Prinfed Name) h�y the entity named below. Receipt is acknowledged of fhe Iniiial following Addenda: Acldendum No. 1: Addendum No. 2: Addendum No. 3: Addenclum No. 4: Titfe: pre�ldvn� Company: E3ean Electrical Inc. Address: 827 E �r��n Fort W�r�h, �� T6140 State of Incorporafion: �'� Email: Cbean�i��aneE�clr[cel,c�m Phone: 8'I 7�fi� -740Q r Corporate Seal: � „ EPED OF SECTIOI� CITY OF FOR7 WORTH STANpAR� CONSTRUGTIO�E SPECIFICATION DOCl1MENT5 Form Revised March 9, 2020 00 41 00_Bid Propasa4 Work600k for 2020 On-Call Streel Light revised o a � aa m � Q � � .� a N � 41 � '� � 0 0 0 6 O O N [O ? (9 M � � � � � � � � V � trl F9 d3 HT fA 0 0 0 0 0 0 0 0 0- o 0 0 0 0 . . . . . . . . . . . . . . �O' �f1 O O�p �� O O O 4 O O O O O r ry m�I1 M t`�'1 � � n� O W W W [ry � u9 u3 tn ua tA Hf Hi t9 � Hi M R! � v o o�o�o�o'o�o-o 0 0 o a�� o o-vi .n-o �n-u-i=�n'o'o o"o'o a'o o�`o�a o a-o-o o-o a o o a a � p O O O O O O O O O O O W � M 4i N��f1 W W W O O O O 4 O O O O � O O O O O O O O O O (�j f4 O l� f4 O W N O] � O O � N[Y p p O O O O O N u] fC� �[j p O�11 O O O O:'J O O O O � O �V N O O k3 r *A V) �`) irl V) Wi i9 E't Y� � N �f1 41 W 00 N CV W � l7 C! 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LLJ LfJ !JJ W L!J LLJ LLJ LLI LLI WI W LLI W W L� !�J L�! !�! !J !� �� JI JI J J_! J� iLJ '� 1� z � 6 C O O O O O O 8 O O O O O O O O O O O O O O O O O O O O O O O O � { ' T Y. IV N N N N N N N N N N N iV H iV iV N N[H iV iV N N N N N N N N �f N N�`! N N�`! M N N � V a a�� a a a a� a a� a a� a a a V'Q C V 7 C tl Q Q Q Q Q R Q Q Q Q O V V P A 1� A �„ v v v v`� `r �� 4�� `� e v v v v a a v v v v a v v a a v a v a a v v a v v� a v � 5 n a�! n n v�i Nf e�i Nf d' �i t+l �+1 M VI �+1 M M M M 4/ t7 L7 M M/ 4/ M C1 C/ M! Cl C1 Cl 3 � � a O O LL e ¢ Z O p � Q- U O w � ui a � � � E � � �i � [i � � � W V � � � � � z° Y'IPIQI�I�I� � d � � � a z 0 � c� � � � G �� 300 �u o�� g O ��o � 0 0 � C1 ad � .� a N 6 � � � � r1 � Q � n d � LL 0 ¢ Z Q O a U O w � v� a � �'r1�1, W ��/ Lb �` rq L � � � � � z 0 � � � � G 5 a �Ke� Or~i,� ��a D�z� V Q � � SECTION 00 43 13 BID BOMD FCNOW ALL BY THESE PR�SEN�S; That we, Bean EIectrical, Inc. , known as "Bidder" herein and SureTec Insurance Corn.pany a corporate surety duly authorized to do business in the Stafe of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Wori�, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%j of Bidder's maximum bid price, in lawful money af the United Stafes, to be paid in Fort Worth, Tarrant County, 7exas for Ehe payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHER�AS, the Principal has submi#ted a bid or proposal to }�erform Work for the fol�owing project d�signafed as 2020 On-Call S#reek Light Cantract NOW, TNEREFORE, the condi#ion of this obligation is such that if the City shall award the Coniract for the foregoing project ta fhe Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shafl enter inio the Contract in writing wiih the City in accordance with the terms of such same, then fhis obligafion shail be and become null and void. If, howev�r, ths Principal fails ta execute such Contract in accordance with the terms of same or fails #o satisfy all r�quirements and conditions required for the execution of the Contract, this bond shall become the property of the City, withouE recourse of #he Principal andlor Surety, not to exceed the penaity hereof, and shall be used to compensat� City for the difference �etween Principal's to#aE hid amount and the ne� selected bidder's fotal bid arnount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United 5tates District Caurf for the Norihern bistrict of Texas, Fort Worth Qivision. iN WITNESS WHEREOF, th� Principaf and the Surety have SfGNE� and SEALEfl this insfrument by duly authorized agents and officers on this the 29� day of Octo�er , 202Q. �. PRINCIPAL: �� Bean Elec ic nc - ' �' � � " _ � _ � B�: � • f /r� 1 � ` ��ture , � ATTEST: y� i , ��..- � j �� i� � �. ' / , V _ �, � Witness t rincipal � • Name and itle Address: Fort �Nor , TX 7614Q suR�r�r: � SureT n ance Co ' � � BY: � � P'�� i�iature Tohnny Moss, Attorne�in-Fact Name and Title Address: 2255 Ridge Rd., Ste. 333 Rockwall, TX 75087 . -_�_ _ Wit�tass s to 5urety Telephone Number: g�2-��2-722Q Muni Rabah, Bond Account Manager ' Attach Power of AtEorney (Surety) for Atfarney-in-Fact *Note: lf sign�d by an officer of the Surety Company, there must be on file a certified exfract from the by laws showing that #his person has authority to sign such obligation. fi Surety's physical address is different from its mailing address, both must be provided. The date of Ehe bond shall not be prior to the date the Contract is awarcled. END OF SECTION DO 43 37 VENDOR COMPLfANCE TO STATE �AW Page 8 of 9 S�C�IOW 00 43 3� VENDOR C�MPL.fANCE TO STATE LAW NON RESIDENT BE�DER Texas Gov�rnment Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to he awarded a contract as !ow bidder, nonresident biclders (out-of-state contracfors whose corporate ofFices or principal place of business are outside the State of Texas} bid p�-ojects far construction, impro�ements, supplies or services in Texas at an amount lower than the Iowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to ob#ain a comparable confract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A musf be filled out by all nonresident bidders in order for your bid to mee# specifications. The failure of nonresident bidders io do so wifl automatically disqualify that bidder. Resident bidders musf check the box in Section B. A. Nonresident bic�ders in the State of M1ilA , our principal place of business, are required to be �'��, i•i�r� percent lower than resident bidders by State �aw. A copy of the statute is attached. Nonresiden# bidders in the State of are not required to underbid resident bidders. , our principaf place of business, B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. C �l�D�R: , �� " � Bean Electrical Inc 821 E Enon Fort Worth, TX 7E940 � 'J Bay. � E Bean li �.-� . � (Signature) Title: President 1 �ate: �� _. J � , END OF SECTION CINOF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110G27 00 41 00_Bid Proposal Workbook ior 2020 On-Call Street Light revised 00 45 ll - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. All contractors are reyuired to be prequalified by the City prior to suhmitting 5 bids. To be eligible to bid the contiractor must submit Sectio�a 00 4S 12, Prequali�cation 6 Statemenfi for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for ihe work type(s) listed must sUbmit Section 00 45 13, Sidder 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 coniractor. Th� information must be submitted seven {7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to subinit bids on 13 projects to b� open�a on the 7th of April must �le the information by the 31st day of March 14 in order to bid an thesa projecis. In arder ta expedite and facilitate the approvaI of a Bidder's l5 Prequalifiication Application, the %itowing must accompany the submission. 16 a. A complete set af audited or reviewed fnancial statements. 17 (1) Classified Balauce Sheet 18 (2) Income Statement 19 {3) S#atement of Cash Flows 20 (4) Statement of Retained Eajnings 21 (5} Notes to the Financial Statements, if any 22 b. A ceriifiied copy of the iirm's oeganizaiional documents (Coiporate Charter, Articles 23 of I��corparation, Articles of Organization, Certifcate of For�aaatiion, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A comp�eted Bidder Prequali�catio�a Applxcatio�. 26 {1) The firrn's Texas Taa�payer ldentification Namber as issued by the Texas 27 Comptroll�r of Public Accounts. Ta obiain a Texas Taxpayer ldentificaiion 28 number visit the Texas Comptroller of Public Accovnts online at the 29 folIowing web address www.window.state.tx.us/taxpermit/ and fill out the 34 appiication to apply for your Texas tax ID. 31 (2} The iirm's e-mail address and f� numbe�-. 32 {3} Tk�e �rm's DUNS numbef• as issued by Dun & Bradstreet. This number 33 is tased by the City for required reporting on Federal Aid projects. The DLTN� 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the co�struction experience of tlie principles ofthe firm for firms 36 sabmitting their ini�ial prequaIification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requesied i�y the City. 39 4p 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be prov�ded in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be subinitted for cansideration. CITY OF FORT WORTH 2O20 On-Call Street Light Contract STANDARD CONSTRUCTION SPECTFICATTQN DOCUMENTS Revised July 1, 2011 00 45 11 - 2 BIDDERS PREQUALIFICATIQNS Page 2 of 3 1 (2} To be satisfactory, the financial statemcnts must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 gaod standing in any state. Current Texas siatues also require that 4 accounting frms performir�g audits or reviews on business entities within 5 the State of Te�as be p�•operly licensed or registered with tibe Texas State 6 Board of Public Accountancy. 7 {3) The accounting fir:txx should state in the audit report or review whether 8 the contractor is an individual, corporaiion, or timited liability company. 9 (9} Financial Statem�nts rnust be presented in U.S. dollars at ihe current rate 10 of exchange of the Balance Sheet date. 1 l (5) The City will not t-ecognize any certified pubIic accountant as 12 independent vvho is not, in fact, independent. 13 (b) The accoun�ant's opinion on il�e financial statements of the contracting I4 company shauld state that the audit or review has been conducted in 15 accordance with auditing standards generalIy accepted in the United 16 States of America. This must be stated in the accounfiing �rm's opi�aion. 17 It should: (1) express an unqualified opinian, or (2) express a qualified 1 S opinion on the statements iaken as a whole. 19 (7} The City reserves the right to require a new statement at any iime. 20 (8) The financiai 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 Paragrapl� I. 23 (9) The City will determiiie a contractor's bidding capacity %r the purposes 24 of awardi�ag cantracts. Bidding capacity is deter�ni�ed by multiplying the 25 positive net working capital (vvorking capital— current assets — curreni 26 � liabilities) by a factor af 10. On�y those statements reflecting a positive 27 net working capitaI 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 prepat•ed, the previous statement shall be updated with 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 proper vexx�cation. b. Bidder P�equalification Application. A Bidder Prequalification Application rnust be submitted aIong with audited or reviewed financial sfiatements by frms wishing to be eligible to bid on a11 classes of construction and maintenance projects. Incomptete Applications wi11 be rejected. (1) In those schedules where ther� is nothing to report, the notation oi "None" or "N/A" should be inserted. {2) A z�r�inimum of five {5} references of related wark must be provided. {3) Subrnission of a11 equipment scheduIe which indicates equipxnent under the cantrol of the Contractor and whicl� is related to the type of work %r which the Contactor is seeking prequalification. The schedule must include �he manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equip�aaent other than provided above will not be accepted. 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractar's prequalification. 48 b. The City may reject, suspenc�, or modify any prequalifiication for failure hy the 49 contractor to demanstrate acceptable financial ability ar perfonnance. 50 c. The City will issue a letter as to the status of the prequaliiicatian approval. CITY OF FOR1' WORTH 2O20 On-Call Street Light Contract STA]Vf�ARD CON5TRUCTION SPECiFICATION ]�OCUMENTS Kevised 7uly 1, 201 i 00 45 11 - 3 BIDDEKS PRCQUALIFICATIONS Page 3 of 3 i 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 Ietter. 3 8 END OF �ECTION G!] CITY OF FORT WORTH 2O20 On-Call Street Light ContraCt STANDARD CONSTRUCTIOt�f SPECiPICATION DOCUIVIENTS Revised July 1, 2011 PREQUAL�FICATION 1�EQLTIREIVIENT� FO�Z STREET LIGHT C�NT�tACTORS 1, A cuzxent Finaz�cxal �tatement Revi�w must �e provided. The Transportation and Pul�lic Works Deparir�ient requires t�at the original Fi�ncia� Sta#�ment ar a certified copy be subrnitted �ox considera�ion. 2. For those seeking f rst time c�ualifica�ion, ref�rEnces of related worl� (ai least 5) must be pravided. Each refexence mUst i nclude t�e �fv��ow�ing: a. Pro�ect Name a�.d �..acation b. Ty�e of proJect —�treet Light Cvz�stzuctzon or Reconsi�zctzo�i. c. A� indica�fln of �,rhethex the Contractor served as Yhe prime oY• as a su�canta•actar an each a�t�.e xefereneed projects d. Co��tactor's contact person, �e�e�hone number(s) and e-inail address �. Na�ne of fhe city tiv�ere wor�C was per�fa��nec� alor�g wi.ih cont�.cf name, telephon.e �.umber a�d e-�nai1 address of f1�e assigned Cxty Inspecfor f. A.zxaouni of co�istruction coz�taract g. Type of Iig�.ting ir�stalled and general descxiptzon of work elements (�oadway, pedestrian, roadway anc�. pedes�'ian, ne�v construcfion ar reconsf�a.ction). h. Da�� atpraject -� siax�t date far construction and completion date i. The abave req�ircment for 5 pxaject re�erences rnay be wai�v�ci if •- The cant�actar can othervvise demonsi�ate that helskze �as the eo�s�uction experience #o perfo�m the ty�e of wark for which he/she is be�ng considered, and • The conhactoa• �rovides su�cient evidence that helshe has t�ae £'inancial abilziy to i�oth carnpleie ar�d wa�anty the wo��c. 3. Include in ihe submissiUn an ec�uzp�ent sch�dule whrtcli inc�ica�es equipment under �e control of ��e Contr�ctor arid which is re�ated ta t�e iype of woxk �or �vhich the Coniactor is seeking c�rtificaiion, The schec�ule must include -�e manufactu��er, mod�l and general avznznon descrip�zon a�each pi�ce of ec�ia�.pmez�t. 4. �'�xe following infaxm�.�ia� must be provided regarc�ing cons�ru.c�ion experiellce, lic�nsing and ins�u•ance: a. State of Texas Licensed E1eci�ical Contx•actox �.umber (TT�LR #) b. 1�urr�ber a£years �he compaz�.y has 6eer� in business as a Genezal. Contractor t��.der Ch.e present �usiness name c. Other �:am�s �der wlv.ch the cpmpany has o�ez�ated includi�g �he full �a�e o:F -the company a�.d whez�e that com�azx� perform�d work, d. Deseriptio�. af Iice�ses and local utility vi.sitar passes he�d by �'ull �im� �mployees. e. An indication of the number of years o� electrzcal and 1igh�in� ca�s�x uc�ion experience as a general conf�actax and as a sub-contracta�r f. Expe�ience af th� principals af �he coznpany, x�cludiurzg name, pxeaent posifion, years of experience, type of e�pez��ence, licenses, and e�rtifications. g. If the Con�ractor o� an�y present par�ne�rs or afficers have evez �azIed to camplete a con�a.ct, pxav�de de�ails about those contracts i�cluc�iz�g �aam� of the projeci, ovvner/engineer, contract price, contact pex•soz�, aaia the surefiy that was invvlv�d. h. Px•ovide d�tails af a�y instarices when fl-�e Confraetor, any presez�t pa�.�inez•s or company office�•s have �"iled fox bankrupicy or have been �art of a campa�y that has filed for bank�-uptcy. i. All Contractors vvorking in the City of Fort 'Worth �ig}�t of way a�e reqt�ired fo be �ieensed a�d bond�d, Co�n�rehensive GeneicaI Lxability (Sodily ir�jury - $500,�00 each peiso�, $1,0�0,000 each accurax►ce ($2,004,OQ4 ag�regate li�xt); P:raperty Darnage � $250,OaQ eae� occurance). j- Coni�actors doi� vvork in the Czty o£Fo7rt �Vax�:h x�zght o�f vvay may be z�e�uired to vb�n a"Street �se Permit" and license prior to beginning any canstruction from Traf�c Engineering @ 3I1 W. I.0`�'. 5. Any Cantracto� who becomes qual��ied under �es� pro�isions and remai� in good standing with tli� Cit� vvill only be requzred to subrnr�ii a z�ewly cazxzpzled ox revi.ewed iinancial statemeni iaefare sach 2 year an-�iversa�y af inifiial q�alification. ShouId a Cont�aeto� faii fo s�xbrnit the �ec�uired iz�farr,�x�atio�n befox� any 2 year a�ive�sa�y he/she will 1�e sn adv�sed and �ill be allo�red 6 mon�hs to provide ihe rec�uired financial stateinent. If a financial staierneaat is then no� provided witl�ib the specifed 6 month perzQd, the Cantractar r�vill be r�moved from ih� Iist o� �ual��ed Contraciors a�d he/she wi11 be rec��red to provide a11 indicated infarmation as �vould a ne�r contractor be�oxe be�r�g coz�sidered fiartller for c�ualificatian. �eptember 12, 2011 OD 45 12 BID FORM Page 9 of 9 S�CiION 00 4512 PR�QUALfFICATION STATEMENT Each Bidder for a City procurement is required to camplete the information b�low by identifying the prequalified contracfors andlor sUbcontractors wham they intend to utifize for the major work type(s) lisked. Major Work Type Contractar/Subcontractor Company Name Preqt�alification Expiration Date Street Lighting C�7 0 B�art �I�c#�Ical Inc ;via��l� � �. �02 i The undersigned hereby certifies that the contractors andlor subcontractors described in the tabEe above are currently prequalified for the work types listed. �ID��R: Bean Electrica! In. $21 E Enon Fort Worth, TX 76140 � / �y: Ro�an'I _ _ --- , � �_ � � - (Signature) Title: President � � %� .- � _ Date: � ' - r �iVD OF SECTIOf� ��:�� -.�� . ��,--�.� � Ivla�•ch 12, 2019 Mt•. Chip Be�n Bea�z �lect�ical, Inc. 821 E Enon �vez��an, TX 76144 Re: City of Fo�-t Warth �tz•eei Lighting Pre�Qualificaiion Dea� Mr. Bean: Please accept tl�is lettex as Be�n EIectrical, �i�c, app�o�al o�pre-�rxalification fo�• the installation o� �•oadway and pedestrian lighting in the City of Foi-i Worth he�inning today, ��a��ch 12, 20I9 tIu ough M�t c� 12, 2021. If you nced additional info�-xnat�o� ox• l�ave any questia�s, please coni�ct me a�: 817�392-6�17 or by e�nail at Clint.IIoove�• �r.�'o3•twortl�texas.gov, Sinccrely, � � /% -`-,---' ]�nt Ioove�, P.E.; S.E, Engineex•in.g Managez ��°ansporta�io�.� Managernent Division City ofFoi-� Warth Transpo�taiiox� and Pu��ic �'o��Iss De��-��neilt. Fork wortti � TRAIVSPORTATTON AND PIIBLIC WORICS DEl'A�tTM�NT TIiACI�IC MANAGCNFENT DIVISIRN �� 7'ne Crrr oF E�aTrr Wo�rrir * SOD! Jani�.s Avenv� � Fortr Wottnr, Tr•xu 7Gi 15 817392-7738 * Eax 817-392-2533 795J • 149J • 2011 L ANi�led�mi reeyclnl pnper 452 6 - 1 C41�lTRACTOR COMPLIANCE WITH WORI{ER'S COMPENSATION LAW Page 1 of f 2 3 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 18 19 2a 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SECT�ON 00 45 2b CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATIQNLAW Pursuant to Texas Laboe Code Section 406.096(a), as amended, Contractor certifies that it provides warker's compensation insurance coverage %r all af its employees etnployed on City Project: 2020 On-Call Stre�t Light Contract. Contractor further certifies that, pursuar�t to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with wor�Cer's compensation covarage. CONTRACTOR: , Bean Electrical Inc By: Ro E Bean Ii /=`'� Campany �ea P�i'nt) 821 E &non Signature: � `' �;` !_ Address T 76140 Title: President City/State/Zip (Piease Print) THE STATE OF TEXAS § COUNTY OF TARRI�NT § BEFOR� ME, the nndersigtaed autharity, on this day personally appeaxed ��7 •. , known to me to be the person whose name is subscribed o the faregoing instrumen#, and acknowledged to me ihat he/she executed the same as the act and deed oi ' _ �:. _ _ : � _ l — _q _ _._.. . _ . for the purposes and consideratian th�rein expressed and in the capacity therein stated. GIj�N �JNDER MY HAND AND SEAL OF OFFICE this w � day of _ �' ' , 20 . ,�.--- �;�, ri. ESPREE , �.{ -" x. � � NataEy Puhlic, State of Texas —' ��` '- � -�� • S0; Lorr�r�. Expires 02-28-2024 �� ~ � ' �"'� �;9�•� •��.� Notary P 1 in arT� for the St of Texas ''.,,°it,r�� Notary I p 1$90225 _ � -- ;� .:��.. — - END OF SECTrOI�i CITY OF FORT WORTH STAI�FpARD CONSTRUCTION SP�CIF[CATION DOCUMENTS Revised luly 1, 2011 2020 On-Call Street Light Cot�tract �� :��,�r� . r �„ii��n:;a}� f��,i�:� ; =;n;s°i�,_., • 5;��,�irl4�;i�1{,r�s P:�� 1 �il � � ��1cTrci� r�i� �� rL�u�c�rz��- i�r��sir,�v a�ca�#�ky�� c��c_��_��_>-�+�� iV�I1�Ei71'it� F�t1511i�$$ �'.Ik��l"f71"lwi, ��7�(:T�GfltTOi35 � �1i'F��IT��i O�' PC)I.ICY c, I.1` I�ic 1tti�1 dc}i��- vt��a�e r3f fli� cc�nti-act is g��a7�e3• Il�r�rt '�5(1,;1��}, xlye�� !v}.f�f? sXahcurf[i�cliG�� t�Ktl is 7 t�pp�icF��l�. 8 "� �'{�[.lC�' �4Tl�TT:�'EF�`�' �� s fJse ��3�cy c�l` tlic {:ii�� 43�' f=nrt 1�4'€�rrfi �� r;�Mwtrrc 1�rw fMl� :r��i�f e�c�uiir�L�le p�u��ic�ip�itiorE b�+ Mirt�rit3+ I I Ci�Msiitc;,ws 1-a�lea��rRs�s� (NJi��) i� ihe �racui�n�ee�t ��' all g�,q�� A17�i servi��r�. riEl r�c��ir�ni��rs anc� ]�' re��iiatr�ns sl�r��etf i�i the ��y's curk'�ikt T3��s.ini:ss f:��vua'sity f;��t��pris� C�rrli��z��E�a apply to ��isGici. !:3 �a .n�rr�� i>�zc�,rFr-r �;r��i,� 15 �l�h� C`ity�'� �713E' �c�taf c�ri 1�� prc,jeu! �s 1]°�n ��.Fi�i�. t��i.'�I Ei�tl V1i141L' ��,fxi�e Ifi �.ir�lli7l�� r,4�r {�irlr.r��{��,s rr� {Ff�T'�fFf7�1C�C'1?f1�f�7��P�f�i+�1'��icc.s�, �� l9 I�'�P��. l.0 l,oll� A�IliL ��I �i31� sa�cnn#�•.irti�:� �usi�s :�r�e rsial�l�sl�e�1 frfr �I��r� ��'r�,�eci, il�e#e �� C�P��•or f9 ,��I �uFrillll liirlfl :+ �9�3.i�i1Jlili'r..�li��i� �u�•�� iir� �i 51��iJ#�li��l�on Fort�� tn E�e de�•��1 i•if��M��M�r:�v�r, �{� �1 c-�CrA7��,�.4:w,f[��,�I��F��I��F}��'c�li+;[[�.�'r'i[]�� 2 U�� C'Ef}' C{}]lil'flti.[fi ��{i,{�(J�� i�l' iiiC3]'� l'J�]�P� !i I�.�C#r SilE1�;c?ILfifs{+.:Eiar� �c�r�t is iM€}��li�d, i�!#i,rr�es �rc t�er�ui��e�� tn �3� c��tt��Iv �',+it�� I�i�t� il�tci�l t:F��ilic E�.11'��'R ��Ii5sf1�SS j.}iV4r�lEy ��il�i}}3�i�e C)r:�tl!]81'�C� �}Y OI1� CS� ��1� FC}jEC7k4'CCh�- 2� !. 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I+'Aii}�la�l�,'I'�1 S�rI�IbT1TT'�11� R�E�l.�iRl•:11 �4'1Jil: ll(kC'�lh�F:�'FAi'.ZD!� �'4�Ilrf. �f:�i�l,Tf1V '�'��.�; f3li} l3!?lZ+i(� C()�'�1.ilI:'1t�:E1 i+i(�?V-[�.��;5!'{11��T�'F;. r'� ��',('{��il T'f'�lI.:i.�[��'.�1'!L� RL�L1L'I- 11V -1'�-I ks [�t��l�'l�'N�(ll� �3C.�Iti�C: Diti{�I.�+�i.,lF� Il.:l� It'Cil� f1 �'l��Jtf�l� ()�� Ci�l��', �"�;�I�t. '�'�T12T'T', �'AELUE�I•'� iIV �i !+'l�''l�; Yl'jr�C� F'l�F��Clll �4�1r�1� T�T'r�UI,T i7�F�l lll�f,�l_:�►�..��''�.�'x�'��'JC��' J'r:f�1�11 (}T 7-i[I��I�:3'I+,Af�tti. r'�n}� ��M�sfir��, ��le�se e��i:-irt t�e li�?L [7�'�'�ce ai {�iJ'7)3��-�b7� 13 L'�1? (�� l�:[„�'TC1N ��rT r c,r ror� r u�nr�-rla S7�A,1Ll�RfF I'C�;ti*�1�1{� il.'�� I(�;1 �{x�:.E�sl-[�A�k'iC?T� �4�C31�i1��'S 'fcuipw:�iilv �texv.;cJ :�.�7ril r�, 2�24 duc t�� Cl7V[Df9 2��r�Lak�neY 2ff�U Oia C'Iwll ,�I[c�el f_IR]al C'o�krnel 00 52 43 - 1 Agreement Page 1 of 5 SECTION 00 5� 43 AGREEMENT THIS AGREEMENT, authorized on December 15, 2020 is made by and beiween the City of �'orth Worth, a Te�as home rule municipality, acting hy and through its duly authorized City Manager, ("City"), and Bean Electrical Inc., authorized tio do business in Texas, acting by and through its duly auihorized representative, {"Contractor"}. City and Contractor, in cansideration of the mutual covenanfis hereinafter set farth, agree as follows: Article 1. WORK Contractor shall complete all Worlc as specif ed or indicated in the Contract Documents for the Proj�ct identified herein. Article �. PROJECT The project for which the Work under the Conlract Docu;nents may be the whole or only a part is generaIly described as follows: 2�20 On-Call Str�et Li�ht Contract Article 3. CONTRACT PRICE City agrees to pay Contractior for perfo3-rnance of the Work in accordance with the Contract Documents an amount not to exceed in current funds of one million and f�ve hundred thousand dollars ($1,500,000). The amount remains contingent upon the availability of funds and the availability of the Contractor. ArticIe 4. CONTRACT TIME 4.1 Final Acceptance. Work will be issued on a task order basis and Final Acceptance of each task order will be determined as that work is cornpleted. Time far the overall contract shall be not more than 5 years or �ntil the amount up to $1,SQ0,000 unless ameilded, has been e�i�austed. 4.2 Liquidated Damages Contractor recognizes that tirrae is of the essence af this Agreement and that City will suffer fnancial loss if the Work is not completed within the time(s} specified �n Paragraph �4.1 above, plus any extension thereof aliowed in accordance with Article 12 of the General Canditians. T�e Contractor also recognizes the delays, expense and dif�cuIties involved in proving in a legal proceeding, the actual loss su#fered by the City if the Work is nat completed on time. Accordingly, instead of requiring any such proof, Contractar agrees t[tat as liquida�ed damages %r delay {bu� not as a penaliy), Contractor shall pay City according provided chart per SC-1�4.02d each day that expires after ihe time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. CI'I'Y OF FORT WO�TH 2O20 On-Call Street Light Contract ST[1NAAl�D CpNSTRL{CTION SPECIFiCATIDN DQCUML"•NTS Revised Q9/0612019 005243-2 Agreement Page 2 of 5 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contracior concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agree;nent: a. Bid Form 1) Proposal Form 2) Vendor Compliance tio State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal docu�nents �roject speci�c) b. Current Prevailing Wage Rate Tab�e c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Docutnents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of fihe Project's Cai�tract Documents. 6. Drawings. 7. Adde�da. $. Documentation submitted by Cantractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issaed, become an incorporated pa:rt of the Contract Documents: a. Notice to Proceed. b. Field Orders. a Change Orders. d. L�tter of Final Acceptance. Article G. INDE1V1N1FICATION b.l Contractar covenants and a�rees 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 ou# of, the work and services to be performed by the eontractor, its officers, agents, employees, subcontraciors, licenses or invifees under this contract. This indemnification provision is speci�ca�lv intended to aperaie and be effeeti�ve even if it is alle�ed or proven tha� all ar some of the damages bein� sou�ht were caused, in whole or i� part, by anv act, omission or ne�li�ence of the citv. This indemuify pro�vision is intended to include, without limitatio�, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF PORT WO�tTH 2O20 On-Call Street Light Confract STANDAI2D GONSTRUCI'ION SPECIFICATION DOCUMCNTS Revised 09/06f20i9 00 52 43 - 3 Agreement Page 3 of 5 6.� Contrac�or covenants and agrees to indemnify and hold harmless, at its own expense, t�e cKty, its offcers, servants and employees, from and agains# any and alI loss, darnage or destruction of proper[y of the city, arising out oi, or alleged fo arise out of, the work and services to be �erformed by the contractor, its of�cers, agents, employees, subcantractors, licensees or invitees under this contract. This indemnification nrovision is sneci�callv intended to onerate and be effective even if it is alle�ed or proven that all or some of the damages being sou�ht were caused, in whole or in part bv anv act, omission ar negli�ence of the citv. � ^ Article i. MISCELLANEOUS 7.1 Terms. 7.2 7.3 7.4 7.5 Terms used in this Agreement which are defined in ArticIe 1 oFthe General Conditions will have the meanings indicated in the General Conditions. Assignment of Contract. This Agreement, including atl of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. Severa�ility: Any provision or part of the unenforceable by a court of re�naining provisions sha11 CONTRACTOR. Governing Law and Venue. Contract Documents held to be ur�constitutional, void or competent jurisdiction shall be deemed stricken, and all continue to be valid and binding upon CITY and This Agreement, including aiI of ihe Contract Documents is p�rfo�mable in th� State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court far the Northern District of Texas, �`art Worih Division. 7.6 Auihority to Sign. Contractor sha11 attach evidence of authority to sign A�-eement if signed by soineone other than the duly authorized signatory of the Contt-actor. 7.7 Prohibition On Co�tractis With Companies Boycotting Israe�. Contractor acknowledges that in accordance with Chapfier 2270 of the Texas Government Code, tl�e City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel, and (2) will not bQycott Israel during the term of the contract. C1T'Y OF F�ORT WORTH 2O20 On-Call Street Light Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/06/2019 00 52 43 - 4 Agreement Page 4 of 5 The terms "boycott Tsrael" and "company" shall have the meanings ascribed to those terms in Section 808.001 of ti�e Texas Government Code. By signi�g this contrract, Cnntrr�ctor certifies thr�t Cont�actor's signature provides written ver�caiion to the City that Co�tr�ctar: (I) does �at 6oycott Isr�rel; and (2} will not boycott Isrccel �lu�ing the terrri of the contrac% 7.8 Tmmigraiion Nationality Act. Contractor sha11 verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibifity Ver�ficatio�a k'oz'm (I-9). Upon request by City, Cantracior sha11 provide City with copies of all I-9 fonns and supporting eligibility documentation for each employee who performs work uiider this Agreement. Contracior shalI adk�ere to a�l Federal and State laws as well as establish ap�ropriate procedures and controls so that uo services will be perfotmed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMN�FY C�TY AND HOLD CITY HARMLESS FR�M ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAI'H BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUSCONTRACTORS, AG�NTS, OR LICENSEES. City, upon written notice to Contt-actor, shall haue the right to immediately termi�late this Agree�nent for violations of this provision by Contractor. 7.9 No Third-Party Beneficiaries. This Agreez�ent gives no rights ar benefits to anyone other than the City and the Contractor and there are no third-party beneficiaries. 7.10 No Cause of Action Against Engineer. Contractor, its subcontractors and equipinent and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its o�cers, employees, and subcontractors, for any ctaim arising out of, �n connec�ion with, or resulting froin the engineering services per%r�ned. Only the City wilI b� th� beneficiary of any undettaking by ihe E�gineer. The presence or duties of the Engineer's persomiel at a construction site, whether as on-site represen�atives or otherwise, do not make the Engineer or its personnel in any way respo�nsible for those duties that belong to the City and/or the City's construction cantf•actors or other entities, and do not reiieve the construction contractors ot- any other entity of their obIigations, duties, and responsibilities, including, but not limited to, alI construction methods, means, techniques, sequences, and procedures necessary %r coordinating and completing all po�tions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to e�ercise any co�troI over any constructian contractor or other entity or their employees in connection with their work or any health or safety precautions. SIGNATURE PAGE TO FOLLOW CITX OF FORT WOKT�T 2020 On-Call Slrcet Light Contract STANDAK.D CONSTRUCTION SPECIFICATION DOCUMEI�ITS Revised 09/06/2019 oosza3.s Agreen�enE P�ge 5 of 5 1N WITNESS WHEREOF, City anci Contracto�• li�ve each eaee�ited tliis Agreement �o be ef�eati�e as of #he date sut�sc��ibed by t��e City's cfesig�iated Assistant City Manager ("Effective Date"). Cniitt•actor. Q.� �1�rCA.� �y: ,� . �-- > ��Ii�t�•e � ----�— _ ; - • f 1 rti1 (Pi•inte N�me) Tiile f .. . � � • = �, � .,: r.� - � f -- Address ��f I �v i.� �� i � iY T v 1 �� C�iylSratelZip r� s' Date CITY OR PORT WORTki STANDARD CONSTRUCT[Otd SPECIFICATf�N DOCU[vfENTS Revisad 09/06/z019 City of FoY� Viioiil� By' -- � ' ` � - ' , -� —•. Dar�� Burghdoff , i Assist�nt City 1VI�fiager r � _1_. Date Attest•� ' f , ty c�• t ��0�� ;, . �� m �� " �� .-,��, ...�.. ��. ��a !�� "�. ''� ��`� : � r��t� .:i� � � � �- � � 4A�, E::�'-�� .=� � ��: �a �,.= f , 4 � •y,., ao r' M&c: �i�fl�,�� _. � _- - Date: ��1��7��,6 Forin 1295 No.: �� q �3� Contract Compliance Managex•: By signing, I acla�owledge #hai I am the person respansible for the �nonitoring a��c� adminish•atio�i o#'this cont�•act, i��cluding ens�tring alI pex�fat•mance and reporting t•equit�emeiifs. � � —_ �. Clint Hoover Englneering Manager App�•oved as to Foi•m af�d Legaiity: � Douglas Vi�. Blacic Assistant City Attorney APPR VAL RECOM BE. '.� � William Johnsoxa, Dii�ec r Transportation & Publ' Worlcs D��,�t�;€n� 2020 Gn-L�dr�►e�E� i.9�liii.'�3'fitPn�i �__...____W____�. _ � S�r��°�� n�sa��°�n�� r��y �� i�� n��ein�s ��n�o��r,��r �ov��,�� n�� ;C� �iiAJ�U�� The obligations of the 5urety and Principai under the Bond ar Bonds to w�ich this Rider is annexed are subject to the following limita�ions and conditions, to wit: that, it is a conditian precedent to their liability hereunder tha� �he contractual obligation (the contract or subcontract, as the case may be, being referred to in this Rider as the "Contract") between the Principal and the Obiigee underlying ihis Bond includes (or shall be considered amended to include} a Force Majeure exclusion �olding that the Principal and its Sureties shall not be held liable under this Bond or under �he Contract for any impacts, delays, defaults, or damages refated to Principal's work arising from, or relatec! to epidemics, pandemics, medica! emergencies, supply line interrup�ions, or natural disasters impactir�g the work required by the Contract, regardless of where such events occur, acts af Gad, terrorism, war, acts of go�ernment or administrative suspension, limitation, or shut-down, or th� direct or indirect consequences ar aftermath of any of the foregoing, and the Contract further pro�ides that the Principaf shall be entitled to an extension of the Contract Time and an equi�abfe adjustment of the Cantract Price, as a resu�t of any of the exclusions heretofore cited. In the event the provisions for force majeure, time ex�ensior�s, or equitable adjustment for time and money are more fa�orable to Principal in the Contract, than in this Rider, the more fiavorable shaEl apply, Re�ised 3-2009 �a��°ei�� D�s��a�� ar�� IIVYPO�i/�Ni NOTI�E �tatutor�y C�mplaint I�oti��l�iling of Claim� To obtain information or mak� a complaint: You may call the Surety's toll free telephone number for fnformation or to make a complaint or file a claim at: 1-866-732-0099. You may aEso write ko fhe Surety at: SureTec Insurance Company 9737 Greaf Hills Trail, Suite 320 Austin, TX 78759 You may confacf the Texas Department of fnsurance to obtain information on companies, coverage, rights or complaints at 1-840-2�2- 3439. You may write fhe Texas Department of Insurance at: PO Box 1�9104 Austin, TX 7 87 1 4-9 1 04 Fax#: 512-�490-1 �07 Web: http:/1www.tdi.t�xas.qo� �mail: ConsumerProfeciion@tdi.texas.gov PREMIl1M OR CLAIMS DISPUTES: Should you haue 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 7exas Department of Insurance. Texas Rider 8/2D19 06b1I3-1 PEE2F�y : R�ANG� B4]�fE7 i'a�e 1 nf 2 1 2 � � 5 6 7 8 0 SECT�QN" 00 �113 PERF'O:T�:M��TGE B4I�TD #4440I52 'THE �TATE �F'TE�AS � � �T(O'fN .hLL BY T�-IESE P1tESENTS: �C�U�ITF f4� TA.RI2�11�T � T��at we, �.an F.1e�firica�, Tnc_ , lcnown as .'�rinca�aC" �Yr��:� and Sur� e Tns3�3'ance C'�mnany , a cor�arate ss�rcky(sur�LRes, il' mo��e tlian one} duly �ut.h❑r;rtif Eo d� bus�ess i�i t'sye St� t? �s'1'��x,xs. ka��rwn �s 1� "Suic�y„ hs��i� t�,�#�efh�r c+r�� ur �vre}, a��e �te3�1 �sr;d �rr��v ba��d �ir�to the �ity of �crrt VKlr�r�lt, d 11 m��nic��1 corpor�tia� crea.��J �]lll��l311L �O �I�E 3l1W5 O�' T�:{85, �413t1W91 '�iS "Ciiy.. fier�i�, i» iHt �cr.t�l 1� st�T�3 0�. SLI_��'`rL�Itnn_atid r"ixe F�iin�red'F'Iticx�isssnd Dollas�s a��i 73er�_f:�n.f.s i�l. +4.Ut.4�0.�',, I3 lak++fi�i i�oney of the �fl3Et?r] �'t��es� t,� lu: p��a� in �'n�t 1�4fcr�2h, "['a[-Ctl�� C�GL�?�y. Te�x[�s �t3�' ihe I;4 p�ym��l r�l� wi�i�h �illn }4c:1� �*�d ir��y lo be �tra�fn, wa L+in�` �{frsplves, ou!- heir�, cxecutors, 1.� �i�l�1Ei11SlI'B�Ot'S, s�ccessurs and assign�,�ointly it�;rl sever�l�y. fiemly b}r Chac�presenTs. 16 �V4'�R�AS. il�e Princ�p�J l��s entcr�� into � c+�rss�iri vrr1E[ei� co�iEract �v[t� the f;iky _ T:� lfi atiwarded t�ie � d�y a�. '_ •_..;_;_�.='`� 20�.�; ti�liir.h �ontr�ct is t�ere6y ref'�a�r�d #.n an�l �'8 m��le � p€�rt l�erenf for ai] �7urp�ses �s :� Full}' S�t FGi'EIl I]�f'�iLl. �c� furnislti �[! msteE•��c, ec��p�z��ni 1.9 Irhpr aio,� u�hca• aca�ss,�i•�cs d��i��r] by l��, in tl�� rn�e�ulir,�, �+f tl�ti Wor�, Ei�cl�idir�g a��y 4.i,�ngc 2� Oa�d�rs, 6s p�ovi�ie�? faa- in �3i�i �'�n[a'�Ct d�:8ignt14�s! �s 2��} �n-�;:�ll 5treek lsi��tit�:rinti;x�t 2::1 1�OiN, T�fT,Xt��:�'�Dt�E., ��te eondi[iot� ��'ti�is a�tt�,ation is sue1� �Ir�t iFtl�e said ��iiici1saE 22 sl�all f�illtifully p�ffnGYn it ��1i��tiar�s �i�c�ee ;kw Car�tr, ct an� sEi�l l an ��I I ��s}��ct,� du�y ��c� �3 �'aithfi�lly �yr#'uri�� 3�� V4Forfc, i�cls,��n� C�l»�g� l�r�ei':�, urGcle� tl�e Co��t�a��t, rccardin�; �o Ilre pl�,�s, �4 spee��c�!:ons, �lflCC CUlljl"�9�1 C�C�GIeni�3fltS 1�1�f�1�1 rCl��i'CCLE SU, �!'!?l �S 1V�1� [�UE'kR� aRPJ periocl uf 25 e��r,sien c}f �3i+: [;�rMu�ac� t]�:�t m�y �e ��a��t�cf on the p��t �>:� �lao Gatyr t}��ot [f�3s nb[i�aEian sllall b� 2� �ud bec�nre ��u�i anr€ va�rl. �ti�cr�w�s� !r� ru�nakn �n fu31 �`or�se �3�d e�'f'ect. �7 P�kC}ViU�ll FURTN��, tl��t if�r�y lega� �cl€o,� be fEer� or� thas L�o�3d, vez�ue sh�1l fie �i� 28 T�rt�siyt Gr��nty+,'Fax�s ar the �.KniR�� St�ht�s I�isq�icc C:�rue� far tw.Y �la��lterrs i�i�tri�? t�f "i exas,�'c�i� �� 1�+��#h bivis�en. c re�r or r-nr� T� w�rtT�� 2020 �n �C41I Stter.t l.�gitt COIItP�cL S � Ahll)1�Fi.k7 C;OT+�STR[�CTlC�b153°E,�'1Cli:A7'iL1hfS e7i�CLIMtN3'S Revi=ia4Jut}� i.2U€i ao�t ��-z ��r•c��vtA�c� aor�n e�� z o�a Tl�is ��nd �s made and �xecii�ed in co�npli��ce +�r;;n t[iu �rnv�sint�s ofGhapter 2253 ofthe 2 Texfis u�vern::�e�� odc, as a�neuded, a�ad ai� 1�a1�i�tties ou th is l�an� s3':a�l b� �ei�nni��d in 3. � S b i 8 9 10 Il 1� i3 l�i ac�orclanre w�tl� t}�e p��visior�s o�-sas;l s[r�t��e, 11� WI'F'NG53 VVi�I��tiE�i�, the Frinci��€ �a:f,I kll2 S41f`E`!�+ h;�Vl: SIGC��.L� ii1[SCI SEf�i.L'B _. _ �; i�.ts 3�rsrriampayt by cfs�Ey nt�ilyof�iad a��a��s r��d o�'Ftc+.xrs t�� rl,�� tf�eR� .�'�__._- -� �ay of ��., � a ��' ._: - r17� � ��T; ' � �� _ (l�rin�:ip�tl} Se�r4[o�+ k�Ftf�2CZ�At.,: . B�atv�lectrya��nc. _ f . ,,�.—,_ ,..� . _��-� . SY:�� -- - , i� Si�r��ui`e ,� ? ; �:.r = ff �__� �� --_ . � ��»��a �'��i�� '�. , �J 5 VJitrle.sy n� Xa Pr�ncopa3 �; • — x F ` IV Wiloi�-ss �s la Sui�CV lwlu .ni Raba13 , IS�n�i �1cca��,nr I�1I�na�er �td.dr��s: �Z1 E Enon �urt Vliorth, TX '�6I �� SL]RET�': '`� Sur ec I �urance C �n f.. r� � , .� E�r� �� / ��rµ�l.ura � �•w�nnv �J[oss _A ktn�nzY-iri-,Fact �.... ,..... �. N3rr1e i�i�d 7 itle A�iriress =,�7.�5 �s�.ge ??�. , �te, 33�3, +tockwaYt, TX 75087 �'elepha��et�fumbaf: 9?2-'�:��-7�'20 _ *�1ote; If sig�ned b}� aii �ffoc�: of'tl�e �urek� C�omp��}�, t��ere n��rst b� �n #`ile a ce;ri.i�:�ed �xlr��. ��orr3 fl�e by-�aws sE��wir.a. tl��# tiiis person It�s asiri�orit}r [t� s3gn such aablig�t�oit, If �E�rety'� Ex€�y�ic�l ��ress is difl�erant F�or� Ets tn��i�ia�g :�+�riress, b�+t-1r n��st be ��a�is�er�. �lac r�atv a#' �lie ��nil sl�a]] i3ot be �r:t�r io i1�e d�±Fv fih� �oitira�t is a�vnrcleu�, ��'E'Y C]t� l�{)k[T �Vi7RTf�1 �i12Q LtiE+-C�1} �Crect l�l�d l--O[tEYflCL s��nr�i��:�� c�r�sraurT�o�r �r�cG�c�„r�o�s �cx:u��E� rs ��Ex�a��;y �,��a OOGf k�}-1 PAYMEN"C BO�f:f7 Page 1 af 2 � � 3 4 S 6 �`HE �TAT� (�;�' T�XA� �C3UNTY ��' TAIutANT S�+ C`i i�l;Y f1U fF# L� FAYI�fI�s�!'�` S[},�fC� #�4��1�2 § § Y�f��VS+ A�11 13Y'�'}iFS� �'itE�ENT5: � 7 "�`l�s�� we, Bean Eiectri,Tcals Inc_ , E�nawn �s S "Prirt�:i�+�i" hcrein, �n�3 5�.:re�ec laisurance C��7�an�: _ . a 9 car�a�+��[e ;;�rety �s�rc�ie,e�, d�,ly �eifl�orized so do L;asioess ��y tlie �E�te �ti�f "!'e��s. knovr:� ps I:� `;�ek3�ety" ��r�u� ��v}��th�r u�e �r rrGcrr��, �i� l�sl�i ai3� #�� baus�� unta tl�e �it}r af F��r VJtrrti�, a 11 �nu��i�:ip�� cor�roration cre-a::d �u��sagau t,� �l�e ��u"3 C}� tEle �C8�9 ��]'e�;�s, Ec�}c�w� as ,.�,ity„ }�ere�n, l� ��i tl�e perl#�f s{�m n�� Dne mi�i{an .a�il Tive Flu�ici�{ecE 'i'hfr�u�st��l 1}�I��r.� �sti �_� t i_ :�� 1:3 ��,500,80U.00}, ]awfi�� m�E��y c�f rh� �niled S�at�s. to b� pu�d in Fnrf �JV�r#��, Ta::ank Cnunty. I4 `l�exas, �vr tl�e j�r�y�r�e�t af �Yl�iv�tt sum wcll a��c] �ruly �e n�a�c, �v� hin�i ourselves, n�sr I�eEr�, 15 e*��cr�tors, ��E�r�i�is��a#[��v, �;G�c�ew5{xrs and �ssigns,,�oi�tEy and severall}�, [ir��3y t�}= tl�es��res�:;;s= 1€ V4�I-Ll:��A�, F'rlr�c�pef h�; en��C�c� i�tic� :� �er�ain writtie�3 Cai�tract �vii h�ily. aw�rde+� th� _..f�. �:7 �� day� of` _ � � � a. � , �f},�i... whic�ti ��ract i, 4.�zrc�Y «fen�ca� k�x �nrl m?Se a lA pa�rt �tieroof For �IE pu:}�n�es a� if fu;1y se� farili heR�eEr�, to furr►ish al] m�ite�is[s, eqr�i�;�tre��, i�b�: 1� AltiEt �PFt�!' ElC�25S01'1C'S ?� �cf�n�d by Js�v, sn [l�e pr�sst�uti�i� af �l�e 1�'ork �r p�a��irled �� i�� ssis� �� o�itruct �nd desi�rn�ted as �4��I ��i-Cai S#re�� LEgh� Ct>�strar:t 21 JY�}1�V� '�'��[';��.1�:�1�'�R.�� 'l�Ei� CDAFDiT10IVr OF TH[� C},�4�,I�+ATI�I;! �5 sucl� ��tai i�' �� f �•incipri� s[rsll �,ay al I mer�i�s nwEr��, to ar�y (zo�3d ali� �ayFna�t FcRd betzef�.iary {as de�i3�� in 23 �'Laplcr 2�53 uf ihe Twx7s fi�overnmer�[ �c�clo, as a�n�r�clui} ir� �IXe �a�n�ecutit�G� �3f lha V4rr,��C �3i,dc�r �4 iE�� or�krac�i, llxen fitis crialRgati��t s�{,!I be ai�d L�ecome �ir�ll a��d +roid; uRl,��!-wi,�� u rti��nRi,� i� full 25 2� 27 2'8 �9 �a��e a�t�l effe��. �rl��s �nt� �s �na�� nd ox�cu��d �� cn��,p3�nr�c� wit�o tlio provF�a�r�,s csfi_1�Aptor �?53 af`the rt'ext+s Go��ernnt�nl C��e, as aat�,��e�{, ��r�cl �ill lia�ilil�cs oa� i�1��s boua sh�ll h� deterrr�ined 'ri� accoi��ia��.e wil� ll�e pro�is��rns ofsa�d st�;.71rP, �f7Y �F i�Q3�� 14'i7l�'fl�l �Q�i� On-Cull �sres� L��tx Cafl;sact STrk�*�AicD CG�*+5'3'RL'[;'I�CON S��.CI!�lCJti�i[.1�lS 17rx4�Ml::4T5 Rev�sed i�ly i, 3lkl I aa6� �a-a PAX�vIENT BOND Page 2.of2 1 �N WITNI�'� V4�HEREE3F, th� P�^ineiva:l �d �i�r�ry have eac1� SIGNEI) and SER�.:I",f? 2 th�s instr�mant by �uly aurE�nrized a�eEy�s an� o#�ie�rs orr [F�is ri.� ��C�y al- � _ 2l}� 1 �! � + . A`TTL31', � ,� � � } _ � � � �+� , �itrcrNal} Se�.:r�tai�y w�--. � as t� Pran�i�ul 1�1 T7`�? 5T: {�ure��Y) �ecra#erY S � ? $ 9 10 il 1� � , .� . - _ _ .. - , ,: 1�Jilp��; �t Lo St�rc�� — � � -- M++�i Rahaka , L�o�n1 l�ccn»n! N[ana�er PR_�1h��'�tL; • "��• fr �Pan �?le ;eical, l�'+�' . � ~_—_ �• 13Y; �Sgr�atu�� - - � ?�f�me a�� `�iile Aad� A.. ,s; �2 3 F, Enon ! urt VYorth,_ TX 76 � 4�? SC.�]�F`FY; - Ac!{irnss: r��55 iti�:�e Rd. ,'+�te. 333 �,r�„� wa1L TX 75087 `!';sl��l�nne 7�lw�th�r; .�7�-�'.7�-72.20 IV�,te: [t' si�nerl by �n ��f�ic:cr r�f �l�c Skkl'L`�1+. [I't�� C111iSS �C Ofl f�e a;.erli I�iur� �xi,rac� f�v��;� f�tc k+��laws sfr�witfg titiaE dtixs pW-a�s�or ]tas a�Etl�or�ty to �ig�s��ch oi�li�;a�i��_ iF 5ur�ty's �I�ys��a! �dd�ess �s diff�e�l3t fr�iti i�s ir3�ili:�� a�idr�xs, L�a#�� r�i�ss i�c ]�ixs�isl�d. Tlte d$�� af Elti� b�o� shail ��o� be �rior [� �h� ��te EE�e C:t�ntrLci i5 �wRrd�d. �1�� c)��• sLc: �•��1� y �. � y Cf i Y 01� k�0i�'l' Wi?lxl'l l 2fl2Q ,7h-Csl l S[ree[ Li�L� c�oni rrG' STAh4L��FiilI;OPlS'a'f<'Jt?�C�rJ S�F.�.ff�C'hTl(:��[S i7��1!:�Il:,� I`4 [€�visedlufy I.?U11 1�a�e anc€ Til€ti on�zi�-r MAIN`I'E73:4iVCE BpND P�ge t of3 � 2 3 �t � 6 � THE STATE t}F TE�A� C4U1�T"Y �Q:F T�R�:+��' �E�TIt)�i+i 0�� a� ],�� AIl�TTET�iAN�� 4440152 § & KN��N AL� BY Ti�i�� P�E��IY'3'�: $ �'�1F�'� VY� Rp�±1 i��trtrirat, �IiC. � �:ilk'FW!} HS "T�rincipaI." herei� anc� �ureT�c �nsurali�e �ConnUanY___----- _., r� cc�r�orute s�rety {s�sretl�:s, if rriu�'c: ll��r� �u�5� el��3y &��I��cxrii�:�J !sa �ksx 1�Utii�:L�s ttf Il��. �tafe af "t'e :�s, kno�r�3 �s "�ur�t�r'q htoeh� (��I�c��rer �,:�c rr� �it�nc}. fl1'� �Y�� Sil� �'ll'CI:�}' �OLl�{� LIriE� TIiB C�� O�I'1�l'� �'VOG�I1. EG ta�uta��il ca��pore#ian creal�d pursuariE t� tl�e ]rtsys ��f �?�e St�� ot`Tex�.s, k�to,�rn as .`i`icy,�, in ih� c!Em,ry 1f1 � QEil,f l'!� { • I�'RS!�li� naa[a�y nFii�e I�itilacf �is;les, �c, b� p�Rd in Fort V��ur�li, �or�ra�o# C�n�ity, �ex��, #c�t•pa�yr�er�t o�wlxich sun� xvell s�� t�Eily be rtomd� joitit�� tlye �ity and YJ1�ir s��c�.ess�rs, �ve b�n:i ourse�v��,n�r h�irs, ex��utars, �tdmtr�is#ra#ors, s�cce�ars aa:d assig��s, join�4y a�d severaEly, fi�mly laytlf�.sc pr�sents. '9�'I==IL'�EA�, tl�e Pr;ncip�! jias e��tef�d inta a c�rt�ir� wTi�:er� cnnl�acr. wit�z �1�� t_i�y a�vn��i�iC 2U tE�e d�y� ot� ' �. � : ; �'� ^ �'— _, 2Q �• �,Y, u��icli �antract rs 1rUi�ebv 21 referre� trs and a r�asle ��rt here�f �oF �►!l p�arfscFse� a� af Cukiy ti�; fa� h 1��:�ein, �o fuo�xisl� all �� tn�teri�ls,, ecruipmenE iah�sr �nd olh�r ac:c��sc�rirs �s det�ned i>y ia�v, i�ti rit� p��as�cuti�r� oftha 23 '4�i�a�k, inci.udin� �o�y Wcrr& resufti�� fi'c�;.'1 �7 C.�Uj}r �lll:sl0fl'LC� CE1H1?��' �rdea� �cal lec�av�[� hY;�ai�, �� t�te'"i1VorEc"j �s r�fl��3�ed f+�r oa� s�id Cue�tr�c� ��:�d �esi��ater� �s �0?� �n-�sll $#re�t Li��t �Qntrac� WLiEiLE�lS, Frittci}�a� �in�s itself to �se st�c!* m�teri�ls �nr� tfl so cc+atst3��Ec1 tF�c �'V�rls ��i accor€i�€�ce wilh fhe �+3��s, sp�cifc-ai in�s �i�;� �onMr;�ai 17ocei�he�i�s ii*�ai th� 1�lo�k �s� a�idwill ��r��iE� �re� ��c�m ��sf��t� i� msi.eri�ls ikr �4�t�rfc�s;7sl�o�, far a,ir1 du►�'s�-�� th� �Se::oJ o2 t�v� {�}��ear.s e�tes� tii� date �f Fiital A�ept�stcc of tl3U Work by tl�e Cl[y ('`A+�a:r�t�nar�ce Feriod"}, �?nc� �'I�IEREAS, �'r�noinxl L�inr�s itself t� ie��r�if or �ec�nstr�� tl�e W�rJc in ��1:�►le ��r in ��rt oi�atr r:.r,aivio�g e��iice �i�o�n tE�� ity ot`�Ete �se�d f�erco��t�� r�ny� �i�nc;�a�fr��r tl�c C�r9.aa�ate��,��: P�rio�, C:]-f Y Cs:; FC�.�T 11+C}R�N Sl"A.`JC#ARF��'i]NS7�[JCTI;]NSP��IFEL`+17'![];� dLiC'CIi:4.`:.�i'fS �tc,��;t,i n�i4 :_ �.pa I �{+;C��tt-Cali SrrGcl I.IS[�I �ontsaet ao��is-z MAINTfsI�ANCL' I3�N� Aage 2 � �f 7 1 2 3 � 5 6 � 1_'� 14 15 3E i7 18 �� 1�17"1?V �i�1t��`+C�R`�, �Iae �ai�ditin�t af ��ti;s ob]iQatior� is sach tl�at if Pc°incipal snall z�zn�d�r a. r�y etefeetive �Vork, �ar wh�UJ� �imel�� nv#ice w�s nax��d�� by C�ty, ±o a cnin�alefinat s��#�factvey fa tlic ��#y, #13e� lh�s �#�1ig�lio�y sl,atl I�ecr�r.ac �iu�E a��d void: c��i�rwise to rc�train in ftail #'�sr�� and e�`i��t, P'RO�'Fi3�+;�1, HE]W�V�I�, tFPriu�i��aE sl7�lt ��il so�o rw�air nrrcc�r�su�uctanyt�mc�� not��!�d de��ci Rv�± 1�4'4�rk, �t is ��gr�:�� ttrai i[�e Ciey r�otsy s:,�s�s� wny� �n�l a�� s�rcl� �efe�tive 1�1'ork #o i�v rc�aair�d �nc3lvr r�cor�structe� wEt3i all ass.,�i�:Y� �osrs Ei��renf I��i�r� [�urne €�y fl7e F`fi�iGipal a:�cl t�3� Slil'C�+ �ili��i Tf11S iI+�B�[l€tlllLllC� E�Qn�; �it€I �'ROVIDTrD I�'C]i�'%��:�. �1��L if a�xy l�gal actiq�� b� �Gled on this Eio�td, ve��e si:all I�e in 7`�ir�nt C'n��nt�r, �1'exas o�• t�tie Uiiit�d St�tes �7istr;�t Cr�lut for tlie �€a�thrern [�istrict ofZ'�x�s, fnrt Wc�rt[r Uivis�ori; a�d �'Y�O�1�?�� CUR'�'?:�, ti3�t �fus ol�l�g�tio� sl�al [ b� �=ont��:ua�s li� ��4ur� a.a� s��.:ctssiv� recaveri�s ir�gy �ee �n�! ]�er�or� for su�.ccs�st�+e I�rw��,i�es, Cl7'Y OT' F;:1RT W{7kiTH S'T1lh`�}ARf� f';1NSiRi ICT[CFN SPfCI�[C�l'fIL}t� �}O�Uh+i�`1T5 Rewiseal 3aly l, L�I I 3D�0 i]n�all Slse�:� LlghlConi[tiel OQG�it9-3 M�TTJ't'E3JAi�fC�BOND Page 3 oi3 2. � �1 5 6 8 g 1.#] 11 1� I1�V��i�l�lC;�� 1��a�I�R.��F. tlxe Pri�«ip�l r:r:d the S�Grety 3��veea�� SI�.+�I�D an� S�;ALEDt[3[s IilStt'UIl]�17k ��+ Cltl�}' aL1�jlC�i ]Z�� S[Cil�S 3fk+� i}��PPS Q1i jaf[S [�l� � -' �� ay af _ �, ; . � �. � �..� ± s ..� ��._ AT'i-ES'1-, _ ; � . �� d '. - � �� :�� , (Prinoi�,al) ��.t�ek5�fy . --��x-.,� ,,` � Wi�ess �� I'rlr.�i�ral --� �'LtTNClPA9,; � �ie� �1 ��tric ,~�c_ �- - ----- �_ _ - C�Y� � �,�i --- �,�nu�u�e �} . � � � �"� iVatnea�rd'!`iffe ----- — — ��idre�s� 82.] � �nar� Port Worth, TX 76140 �lJl�l;��'Y' . �� r 4 ��r�'�'e� _.....a.___�_.� _ E�Y� 1 .__ �� lri}t MOSS, Akt��rney-in- Pact �4 30 31 3� 33 34 �5 ,7�1 37 �$ 34 4U A"I�"�.S'f ; � �� {��Gret}°) See�et�i�y _ � ,' - ��~`—�_� w��ness �s lo ��arGty '�fliln� �3�".'�.}l . n�nt]� ::C�wi4n1 �;�� 4na�+CC h14mo nnrl �'itle 4:i Address- _��5� Ric��e Rcf, , �F?- 3�3 �ryr�ali;�'�._%.;�nR7 `ieleol:;:na I�l�rrahe.e' �?77-77�.-�7?L� �1�Jote; If s��st�:d L+y a�i �,f�cer of tfiw Sure#y �orr�p��t�. �11�C1: FC�kdS� Y�S= IJII f I IL ii i:i.;RI4��C� cx�rrt�t !'rn❑� tl�� b}�-�•aw� 3�7{k1Y13if�+ ��C$+ ��SlS pers+:,ot ]�as 8L1l�lOdlPf EO s��i siac�t �bli�at�or�, i� �i�rety'S }al�ysical ad�ress i� diff��i �nt frum its maiJin� addr�.�s, !�cs�h �nu�! krr-pr�viaerJ_ Ti�e ��la of tk��. bor��s �l+�l l �{3� i,;� �einr kn iE�� r}ak� �I�� '�xn��at is ax��i�c�e�. �'[T�` �F r�; �1- �VpR a H ST�}��3,4RD t'�j�]�f�E1rT3[]�* 5��11=[�AT[[)R' ;3��7Jhs��l�fS ]toviscd Jul}' C, 2�1 J fo2o 4�n-Culi s�rca� L��rn Cont+ass POA# 4229049 J�fNT I�IMfT�D POW�R U� ATTORNEY KN4W ALL MEN BY 7FiE5E PRESENTS: That SuraTec Insurence Company, a torporetion duly arganized and existing under the iaws of the State o( Texas and having its principal office fn #he County of tiarris, Texas and Markel Insuranee Campany [the "Company"j, a carporation duly arganized and existing under the laws of the state of Ilfinois, and having 1ts principal admtnisErative affice in Glen Allen, Vir$inia, does by these presents make, canstitute and appoint: Tony Fierro, Jay Jordan, Johnny Moss, Steven W. 5earcey, Roberi J. Shuya, Misfie Beck, Jeremy Barnett, Ro6ert G, Kanuth, Jade Porter, Jennifer Cisneros, Jarrett Willson, Jack Nottingham Thelr true and lawFul agent(sj and attorney(s)-fn•facE, each In their separate capacity iPmore than pne is named above, to rnake, execute, seal and deliver for and on theEr own behalf, individually as a surety or jointfy, as co-sureties, and as their act artd deed any and all bonds and other undertaicing in suretyship provided; however, that the penaf sum oF any ane such instrument executed hereunder shall not exceed the sum af: Twenty Millian and 001100 �ollars {$2D,0�0,000.00} Thls Pawer of Attomey is $ranted and is signed and sealed under and by the authority of the following Resoiutions adaptad by the 8oard of Directors of SureTet Insurance Gvmpany and Marke� Insurance Campany: "R�54LVED, That the Prexident, Sen�or Vite Pres9dent, Yice President, Assistant Vice President, SecreCary, Treasurer and each of them hereby is authorized ta execute powers of attorney, and such authority can 6e executed 6y use of #acsimile signature, whfch may be attested or acknaw[adged by any ofiicer or attomey, af the company, qualify�ng the attorney ar attorneys named in the given ppwer of atkam�y, to execute in behalf of, and acknowledge as the acE and deed of the SureTec Insurance Company and Ivfarkel Insueance Company, es the case mey be, all 6ond undertakings and contratts oi suretyship, and to afflx the corporate seal thereta." IN �Wl7NE55 WHEREOF, Markel Insurance Cvmpany and SureTec insurance Company haue caused thelr official seai Eo be hereunto affixed and these presenEs to be signed by thely duly autharized atficers on the +rih day of Novemner , xoxo . SureTec Insurance Company �1°6 c��H��': �r� 'i� '� �� y �Y' ---- � . . � i 2: 's ;.ry1 ;r � MichaeE G. Keimig, President , Commonwealth of Virginia �� Caunty of Henrico SS: `,`�5�+��r�r�� Markel Insur ce Company ��`�c°�$�9��:°0 � �ERL �"__ '` �'� ��-.. : �; ��: _ 'r��[lf'1�:p5�,``��` R in Russo, Senior Vice Presiden� On this �r�h day n# �ovemue�, 2o2a A, D., hefore me, a Notary Pvblic af the Commonwealth of Virginfa, in and far the County of Henrica, duly commissioned and qualifiecE, tame TNE A80VE OFfICERS OF FNE COMPANIES, to me personally known !o be the individuals and offi[ers dastribed !n, who executed the preteding ioistrument, and they ac&nowfedged the execution af same, and 6eing by me dufy swovn, disposed and said ihat they are the officers of the said tomparties a#oresaid, and that the seals affixecE to the proceeding instrument are the Corporate Seals of said Companles, and the said Corpurate Seals and their signatures as ufficers were duly affixed and suhscrlhed to the safd fnstrument by the autharity and direction of the said compaNes, and that Resolutions adopted by the Board of �irectors of sa€d Cnmpanles referred to in the preceding instrument is rtow in force. ``,,�oeP �O� se�.n'' W 7ESTiMONY WHEREOF, I have hereuntn set my hand, antE aYtixed m U Seah� p e C ty'Rf Henrica, the day and year first above written. : �Q'R U6 ��`� � {• % :"c' My C� �: � � j��j : cannMissiory � gy; � �L.�.��'^� �- " � : NUf�,46F_R � �' ' . � �•, ; � : Donna �onavant, Notary Public � 7083968 • � • , �O. � .. �(� `� My cammission expires 1/31/2023 � � We, tt�e u�dersigned Officers of 5ureTec Insurar�ce Campany and Marke�f'�s�f'i��C�t��iy dq�Yie�by certiiy that the original POWER OF ATTbFih3EY of which the fnregoing is a fuil, true and cprrect capy is still in fufl force and effect and haSfi�qt�i�a��r� r�yolc�d. , IN WiiME55 WHEREOF, we have hereunto sat our hands, ar�d affixed the Seals of said Companles, on the � day of t,= ��-�i .�-;�__., __ �_ Sur eclnsur ce C pan Mlarkellnsurance Campany l (�� ByBy: � � ^' ._.,,�,.,...�..-- M. Br t Beaty, Assistant Secreta Richerd R. Grfnnan, Vice President an ary Any Instrument lssued In exceu of the penalty stated above is tatally void and without any validity. 4221049 For veri�catiort of the authority of this power you may call (713]812-0800 on any irusiness day 6etween 8:30 AM and 5:00 PM CS7. S�are��c ��u�a�ce C�rr�p�r�� III�II�O�i�4hlT iVOiIC� S�a�u�ory C�mpi�int R�oti��l�iling ef �I�ims Ta obtain infarmaiian or make a complair�t: You may call the Surety's toll free ielephone number for informafion or to make a complaint or file a claim at: 1-866-732-D099. Yau may also write to khe Surety at: S�reTec Insurance Company 9737 Great Hifls Trail, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complai�ts at 1-80Q-252- 3439. You may write the Texas Departmenf of Insurance at: PO Box 149104 Austin, TX 7 87 1 4-9 1 04 Fax#: 512-490-1007 Web: http:llwww.tdi.texas.ctov Email: CansumerProtection@tdi.t�xas.gov f'�t�MIUM OR CLAIMS DISPUT�S: ShoulcE you have a dispute concerning your prerr�iurrt or about a claim, you should contact the Surefy first. If the dispute is not resalved, you may contact the Texas Department of lnsurance. Te�cas Itider 8/2019 �oqp azziaas J`G�N�l�' �lMf�� P��fER 0� ATT��fV�Y KNQW Ai L M1r4�N oY 1 H�Sc P�,f5kNF5� l7ia! Stireirte le�w-a-:t �o �-:nY, a{arna;a�+cn dWly arrenqed a�d eei� In� e��;�er thr laws r.� !he Sta:e � 7exaF �nd f�aving R� pr.ndp�l uifice in lisF CaunSyuf narris, �e�as �n� �.i a�.el IrrvrM^:a Camp=rY lihe '{ort:Fanwl, b Nr�o� iSf4rl .s.:dy ore�rvhod �nd szlSGn� u�de+ 9he P�Nvi of Phs sla�e 6� liii.�a:�, andh��RQ Hi,=�!odpal aam4-�I�irell,�e e�!:tr I.��.:IenAll�;,, vlr�J�l�, dat; 1� iheFe prt+�en11 rndkv,[G� %'�i;:ieind =ppPnk� 7 0�5y f[e�:o� J2y Jotd�!!, J^.1�^ ;� �4n5a, Sk.v�*� LN. Saaraa�, �ohe; f J Sh4�ye, !:4!51fa B�C3�. Jars++7y 8�;r4!;, #2abs� I�G. �{anuth, .fade Aorter, Jannitar Ci�neros, ,:arra�l LNiils�, Ja�k NnRtltx�ham Thrtr irve ■t�d ��wlul qtlenljsl and �i#crneYrsl�l�•ia[l faeh In#heirier:*ate e..Rae1:Y�� m.:re eli:K �ne isr:r.rd ub�:ve. � makt. rt�,ecu4C. �sul a+o�+lullrQr �oi en�an ChCSr owri !�chnJ�, In �,vl�;:=i%� �� a 7V�4iY �f �Oii•iiy, 93 Ca-'Luf�:i�; r!!� t� eh�lf o-sL a^d •Sted a R� lln d d: �c: ¢� Fn d wi�qr y7��F4 king ah �'u*qSYShIF �rowdod; hc�weeer, that;the penal ium a! anya�e woh inr;ruR,rtr� �KeKuprifis+��ndarsbatl na3 excee� ihe'su��,�f, FPre :klllon�:^?�a�+;ODAaOars��,L�00.0{]�.ODS ThI] �oWrr oi �i4lo;;�#� i� iraFl�� ar.: i4 4�11�� :��! iea:�d undrr ane �q Clsq,u:hUr:.y o?:i�e tG�IOwiilx RMSGJf�Bi�}�qp1Cd 4y7hS 6fjhti� C9 rf�SS10!14t �ICTS; Insurance Cc�npsny e��d M1ark�1 Insu�nG4 �;pmp�ny �RES(7ZV�G, 1 t�: th� Prr�-"dGil. �tnlPf �i�G9 �r'[4i�GnT, ��iY �fPsldq�nt� qisisranS {fi;,� Pf��a"iler[, Seet2[?ry, 7re�su�r �nd e3ch ot ifier-�h cer¢p i� uvih; i[Ku f� �xr�uSq pawers a1 aSSar�cf. �� 3ur1i eu11�o rliy ean be e�eeuk�d b4 w4u o- l,�:hin�le s!�naSwc, whxh ma1� be a;Ses9ed w aekncKl� d��i by �ny oFflter aa iRRaenay, af She CO!�irs:�Y� �-=s� ,��p inr g[Sarvl�T ur OSlarnayx n�rned Fn tht �+�eh ��wer oS a'�:m�xy, la e rqe:::e In hehaii Gr, �nM 3[Ynowr�d6� ui I'he x[[ �u� �ie;d o+ rhG S��fri Ax Inwrance C��^�Pi�sY ead Mark■k 1n�-�::�c� [amFar'i, i! Che ta.`N!^s4 h4. ell bQ�d rlruc :a;;r4::r� sa-^-:�::tso� �;�:at'r:hGp, and to;fE;K 5"e cero�rale seal tMe•e•�." IN��WITPIE SS 4VFI£ilL•Or, Marifei �n�UranGe LS77'�Znp ,� M1p $�pTE[ hliufan[B Co��peny ha 4e ea�,e� i leefe r�tli�IqE sea! L'a rc li�reu :tq :'r:ted fi�d lbPke P�4sat�Ys�io 6e Si@rted��41Fe�adrlyau.';url�ed��l�rerso��lhrtr.a� �eycf F�ur • �4 . }UfC7Qi lA:4rirtC! GOFly' 8�y ��+Jrf L'�2r�.e� 3R3J�€o C[�inPanY �*s`5�,� ��'Cr�'� : ��4� "�i� �f � r �{ " W �, � � � S�AL � b� � { ��-'..� i+r: . � � � =�'� :`�_ k4�� y Mi�l,oelC,l€ec��f!�,I"re�iueot �+� � �� s.�'•.c}�q�";' �k~ A � aLw�so��SenfvrWrrP=nrltlern � .� i fFf+t1��*�iyi5x�; ��T4�1�1T74Lh 4� 4'.fRIFlFi tounly oi He nFlcv SS; ❑n:thYS �t« dFy.o� �+.w� 7=.� JG. 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LOmnany aod lu4irr¢� ��+.�F,`�s��y du;i�rhY cerPifythal Yhe u�lyln�l Fu^;1€R Of AYYL7Rn1�Y oi whPch 1ha tOf#�Oih� li�a Iv.!� [i uK u�d �PrrC4S {p�FY I4 FkIII IM1 1'{�i! �IXLL` �rlfi CY�+'Cl a:�l' ISi� K:x,yq 4q ��r�^?��. IEV weTNESS WYi1+1E��. wo fiavi herrun[u yek ou. bie��l:, r^q at!Es�d Ihe Se�lxa� E�Id Co�i�pan;ei. entl�e�"�,,day�f_ l7ctobef _ �°�.p20— . ,�11i �CiASUY :�`C ��an �y �. �( . �.�£5i'�� hFFIG[OA[ iCC ��[ Af�r�of I�yuy�nKe �pmpppy ��` � �� } � - , � aY,t_ "� _ ti .- P.Icharal R. Grinn an� Vlts Fredd rn� a i� �5eer Frq _,..� A114 1rnra�•m,enT �S7UPd IA �Yii7f 4i kM� pFn�7Y siY[cv' BhaVe lf fv[.ellY W�� #n� w� Iiq7�j ■n4 rawdlk4� �t2i.n49 Fot ver!@eal�on o� [M wulhwkY df Ihl� Puwv po4 ma4� ed �Y13,�1��p a� anY bu�lnx�� lag bu[wq n B30 RM ind S�4P r'+M CST� UMBRELLA ��s�� b ��r1��N f"�� /� �� 1 1 �l VI�� 0 o� � � � � .� � � � � .� � � .� � V� :� 0 � � � � � � .� � � � � O � O � -�bi� �o�ic�r, �� ,��J P�o�i�� a�,Lov�r-�o�nn �i��i��r� �ou��,�r�. �01/�Ft��E 1ri►ILL APP�,Y �IV .�a �LA�f��IV[A�� IS WH�Ii� �QLLO1fVI�C� ��.It111��1V1A�i� U�l��t�,Yli11C IIV�U�,eaaf�l��. �Ol��RA�� !!ill�� e�PLY O� A ��F�Il��-IdifiiHl�ll-l.Illslli� �A��S �b�IV �'OLL�'U1111VC �Il�D�F�LYIf�� I1V��1R�1\[�� U�� VI�bICb ��F�IV�� P�� ►RE PAYd�� 1�IiHlf�, AIV� I�IOi IIl� .��li[Of� i�, �'H� L1�1/11T� �� If��SU�ANC�. !ii!lb�ll� �'OLLOIii�lil�� J�b UI11��RLl�l�1+� Ii��FtAIVC�, P�►Y��f� F�F ��'F�1l�� ?�P�f�� I�IVI��Ft iHl� P��Y �+VILL ��UCE, AN� 11�iAY �XH�►►U�T, Tb� �I1VI1`�� IIV�UL�Ai�C� �� Tbl� PO�ICY. P�� A� T'b� �illiiR� I�OLI�Y �AR�I�Ia��Y. Various provisions in tnis po]icy restrict cov��age. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughou� this policy, the wo�ds "you" and "yo[ar" refer to the Named Ins[ared shown in the Declarations and any other person or organiZation qualifying as a Named Insured �ancler this policy. Th� words "we", "us" and "our" refer to the company providing this insurance. The word "insured" means any person or organiiation qualifying as such under �E�YI�f91 If -- ui/�o i� pl� i�us��. Othar words and phrases that appear in quotatian rnarks have special rneaning. I�efer to s�crio� �i — o��r��i�r�s. S�CTIOI� I — G�V�cRA��S A. G(�V�RAG� � — �xG�SS ��LL�W--�ORfVi Li�s��»�r 1. We will pay on behalf of the insured those surns, in excess of the "applicable underlying limit". that the ins�ared bacames legally obligated to pay as damages to which Coverage A of this ins.urance applies, pro�ided that the "underlying insurance" would apply to such damages but for the exhaustian of its ap�licable limits of insurance. If a sublimit is specified in any "underlying insurance", Co�erage � of this insurance appli�s ta damages that are in excess of that s[ablimit nnly if such sublimit is shown far that "underlying insurance" in the Schedule Of Underlying Insurance. �. Co�erage Ao of this insurance is subject to the same terms, conditions, agreements, exclusions and dafinitions as t�e "underlying insurance", except with res�ect ta any pro�isions to the contrary contained in this insurance. 3. The amount we will pay for darnages is limited as described in S�GT10111 Ilf — 61nIEITS ��r I�lS�IR�i�C�. 4. For the purposes of Paragraph 1. above� a. The applicabie limit a� insurance stated for the policies of "underiying insurance" in th� Schedule Df Underlying lnsurance wiii be considered to be reduced or exhausted anly by the following payments: (1� Payments of judgments or settlements fnr damages that are covered by that "underlying insurance". Howe�er, if such "underlying insurance" has a policy period which dif#ers from the policy periad of this Excess Follow�Form And Uml�rella Liability Insurance, any such payments for darnages that would not be co�ered by this Excess Follow- Form And Urnbrella Liability •[nsurance because of its different policy period will not reduca ,or exhaust the applicabie limit of insurance stated for s�ch "under�ying insurance`; {2} Payments af "rriedical exp- enses" that are ca�ered by that "�nderlying insurance" and are incurred for "bodily injury" causec! by an accident that tafces p[ace during the policy period af this Excass Follow- Form And Umbrella Liability lnsurance; or �U �Q 111 d% 16 0 2016 The Travalers Indemnity Company. All rights reserved. f a�� 1 of 23 UMBRELLA �� e � � � � � .,,� � � � � � � .,� � � .� � V � � � � � � � `� � � � � � � � 0 � (31 Payments of def�nse expenses that are covered by t�at "underlying insurance", only if such "Underlying ins[�rance" includes such payments within the limits of insurance. Howe�er, if such "underlyir�g insurance" has a policy period which differs from the policy periad of this �xcess �'ollow- Farm And Umbrella Liability Insurance, any such payments for def�nse expenses thaY would r�ot be co�ered by this Excess Follaw-Form And Umbrella Liability Insurance because of its different poiicy period will not reduce or exhaust the applicable lirnit of insurance stated for such "underEying insurance". If the applicable iimit of insurance stated for the policies of "underlying insurance" in the Schedtale Of Underlying Insurance is actually reduced or exhausted by afiher payrnents, Co�erage R of this insurance is not in�aliclated. Howe�er, in th� e�ent of a loss, we will pay anly to the extent that we would have paid had such limit not been actuaEly reduced or exha�asted by such oti�er payments. 6. If any "underlying insurance" has a Iimit af insurance greater than the arnount shown for that insurance in the Schedule of Underlying Insurance, this insurance will apply in excess af that greater amount. If any "underlying insurance" has a limit of insurance, prio�' to any redUction or exhaustion by payment of damages, "medica] expenses" or defense ex�enses descri�ed in Paragraph �. abo�e, that is less than the amount shown for that 9nsurance in the Schedule Qf Underlyir�g Insurance, this insurance wiEl apply in excess of tha amoun� shawn for such insurance in the Sc�edule Of Underlying Insurance. 5. When #he "underlying insurance" applies on a claims-rnade basis and includes a retroactive date pro�ision, the retroactive date for Coverage Ar of this insurance is the same as the retroacti�e date oF that "underlying i nsurance". "property damage", "personal injury" ar "advertising injury" ta which Co�erage B of this insurance applias. �. Co�erage B of this insurance applies to "bodily injury" or "property damage" only if: a. The "bodily injury" ar "property damage" is caused by an "occurrance" that takes place anywhere in the world; b. The "bodily injury" or "property damage" occurs during the policy period; and c, Priar ta the jJOIECy periad, no ins�ared listed under Paragraph 1. in Paragraph B.. G��ERR�� B� Uf�18��dbA �IABILI�Y, afi S�C�CO�! ll — lNHO ls A� If�SUR�D and na "employee" aut]�orized by you to give or rece�ve notice of an "occurrence" or claim, knew tF�at the "bodily injury" or "property darnage" had occurred, in whole or in part. If sucn a listed insured or autharized "employee" knew, prior to the policy period, that the "bodily injury" or "property dat�age" occurred, in whole or in part. then any continuation, change or resumption of such "bodily injury" ar "proparty darnage" during ar after the policy period will be c[eemed to have be�n known prior to the policy pariod. 3. Coverage $ ofi this insurance applies to "personal injury" or "advertising injury" caused by an offense arising out of your business, but only if the offensa was camrnii�ed during the policy period anywhere in the world. 4. The amount we will pay for damages is limited as described in �EG7`IAri� Ilf — Lir�ir� o� i�s��R�r�c�. 5. "Bodily injury" or "property damage": a. Which occurs during the palicy period; and h. Which was not priar to, but was during, the policy period known to have occurred by any insured iisted under I'aragraph 1. in Paragraph B., GOV�R�4�a� B -- liliABR��A LIABIL['�Y af S�C�I�� [I — 1d4�H� IS �if� I�SUR�D, or any "ernployae" authorized by yau to give notice of an "occurrence" or clai m; B, CDV€�6A�� B— Ufi�BR�Ll� LIABI�fTY includes any cantinuation, change or 7, We will a on behalf of the insured resumption of the "bodily injury" or A Y property damage" after the end of those sums ir� excess of fhe "self- the policy period. insured retention" that the insured becomes legally oE�ligated #o pay as �. "godily injury" or "property dama�e" darnages I�eca�se of "bodily injury", will be deemed to ha�e been known Page 2 of 23 0 2016 The Travefers Indemnity Company. All rights reserved. EU DD �'� �� 9� UMBRELLA �� oa � � � � .� � � � � .� � � .� � � �, O � � O � � � `� � .,.� � � � w 0 � � � to have accurred at the ear[iest time when any insured listed under Paragraph 1. in Paragraph B., G�V�RA�� B— Ul11�BR�6�1� �IABI�ITY, af S�G�'I�{l�� If — WH� 1S A� I�VSUi��D or any "emplayee" authorizad by you fo give or receive notice of an "occurrence" or claim: a. Reports alf, or any part, af the "badily injury" or "property ciamage" to us or any ather insurer; b. Receir�es a written or verbal dernand or claim for damages because of the "badily injury" or "prop�rty damage"; or c. Becomes aware by any other means that the "hodily injury" or "property damage" has occurred or has begun to occur, �. 7. Damages because of "boeEily injury" �. includa damages claitt�ed by any person or arganization for care, loss af ser�ices or death resulting at any tirne from the "bodily injury". 8. Coverage g of this insurance does not apply to damages cavered by any "underlying insurance" or tnat woufd har�e been covered hy any "underlying insurance" bufi for the exha�astion of it5 applicaE�le limit of insurance. co��A�� C - G�151S nn�n��rr��r S�RVIC� �`�P�NS�S 7, We w911 reir�burse the insured, or pay an the insured's pehalf, "crisis management service expenses" to which Coverage G applies. �. Co�erage G of this insurance applies to "crisis management ser�ice expenses" that: a. Arise out of a"crisis managamer�t event" that first commences during #h� policy period; b. Are incurred by the insured, after a "crisis management event" first comrnences and before such event ends; and c. Are submitted to us within 9$a cEays after the "crisis management advisor" ad�ises you that the "crisis management event" no longer exists, 3. A"crisis management event" wi[I be deemed to: b. End when we deeide that the crisis no longer exists or when the Cris�s Management Ser�ice Fxpenses Lim�t has �een exhausted, whichaver occurs first. $ The amount we will pay far "crisis managerrtent servEce expenses" is limited as described in ��GTIORI II[ — �Il1�IT� �F IIUSI�R�I�G�. 5. A"self-insured retention" does not a�aply to "crisis management service expenses". 6. Any payment of "crisis rnanagernent service expenses" ti�at we make will r�ot be det�rminative of our obligations undar this insurance with respect to any claim or "suft" or create any duty to defend or indemnify any insured for any cEaim or "suit". ��f�S� Af�� SUF'PL�Nf�NTARY �AY�IY�NT� 1. We will have the right and duty to defend the insured: a. �Jnder Coverage A, against a"suit" seeicing damages to which st�c�t coverage applies, if: (1) The "applicabie underlying IimiY' is the applicable limit of insurance stated for a policy of "underlying ins�arance" in the Schedule Of Underfying lnsurance and such limit has peen exhausted soleiy due to payments as permitted in Paragraphs 4.a.{1}, (�) and (3} ofi CO11�R�+G� P� - ��CC�SS �`Dl,LOW- FOR�If �1�4BI�ITY of ��GTI�I� f - G�V�R�1��; or (2] 7he "applicable underlying limit" is the applicable limit of any "other insUrance" and such limit has been exha�tsted by payments of judgments, settle- ments or medical expenses, or related costs or expenses (if such costs or expenses reduce such limits�. For any "suit" for which we have the right and duty to defend the insured under Coverage ,�, defense expenses will be within the limits of ir�surance af this policy when such �xpenses are within the limits af insurance of ti�e applicable "underlying insuranca", or a. First commence at the time when b. l�nder Co�erage B, agair�st a"suit" any "executive of�icer" first seeking damages to which such becomes aware of an "event" or coverage applies. occurrence that leads to that "crisis management event"; and �. We ha�e no duty to defend any insured against any "suit": EU Q� 0'[ 0% 16 O 2016 The Travelers Indemnity Company. All rights reserved. Pa�e 3 of 23 UMBRELLA �� O � � � � � O � � � � � -� � � .� � c�'� � � � � � � �, � .,�n � � � +y O � � � a. Seeking clamages to which this ins�rance does not apply; or b, If any other insurer has a duty ta defend. 3. When we have the duty to clefend, wa may, at our discretion, investigate and settle any claim ar "suiY'. In all other cases, we may, at o�ar discretian, participate in the investigatian, defense and settlement af any claim or "suit" far damages to whic� this ins�arance may apply, ff we exercise such right fo participate, all expenses we incur in doing so will not reduce the applicable fimits of insurance. 4. Our duty ta defend ends when we ha�e used up the applicable �imit of insurance in the paymant ofi juclgments or settlements, or defense expenses if such expenses are within the limits of insurance of this poficy. �. We w�ll pay, wit�t respect to a clairn we investigate or settls, or "suit" against an insured we defend: a. All expenses we incur. b. The cast of: {1} Baii bands required because of accidents or traffic law violations arising out of the use of ar�y �ehicle to which this insurance applies; or (�) Appeal bonds and bonds to release attachments; but only for bond amounts within the applicable limit of insurance. We da not ha�e to furnish these bnnds. G. Afl reasanable expenses incurred by the insured at our reqt�est to assist us in the investigation or defense of such claim ar "suit", including actuaf loss of earnings up ta $9,QOD a day because of time off from work. d. All court costs taxed against the insured in the "suit". Howe�er, these payments do not include attorneys' fees or attorneys' expenses taxed against ti�e insured. e. Prejudgrnent interest awarded against the insured on that part of tF�e juclgment we pay. If we make an offer ta pay the applicable limit af insurance, we will not pay any prejudgment interest based on that p�riod of time aft�r the a#fer. �. AIl interest that accrues on the fulf amount of any judgment after entry of the judgment and before we have paid, offered to pay or deposited in caurt the part of the judgmer�t that is within the applicable limit af insurance. If we do not pay part of the judgment for any reason ather thar� it is more than the applicable limit of insurance, we will nat pay any interest t�tat accrues on that portion of the jur�gment. With respec# to a claim we investigate or set�le, or "suit" against an insured we defend und�r G�v�RA�€ A -- �CxC�SS ��LL�W—��RIVI L[ABILit'Y, ihese payments will not reduce the applicalale limits o-F insurance, but only if tF�e applicable "underlying insurance" provides for such payments in addition to its lirr�its of insurance. With respect to a claim we in�estigate or settle, or "suit" against an insured we defend uncler COV�RAI�� B -- �I�BR�LA 11�B111YY, these payrr�ents will nat reduce the applicaE�le limits of insurance, S�CiI�N Il — WHO f5 A� INS�fR�� . cav�� - �xc�� a��ovu-Fn�nn �.��ei�r��r With respect to Cov�rage A, the fa]lowing persons and organizations qualify as insureds: 1. The Named Insured shown in the Declarations; and 2. Any other person or organization qualifying as an insured i� the "underlying ir�surance". ff you have agread ta pro�ide insurance for that person or organizatian in a writte� cor�tract or agreement: a, The limits o�F ir�surance afforded to such person ar arganization will be= (7) The amount by which the minimum limits of insurance you agreed to prouide such person or organization in that written contract ar agreement exceed the total limits of insurance of all applicabEe "�nder[ying insurance"; or (2) The limits of insurance of this policy; whichever is less; and b. Coverage under this policy does not apply to such person or organization if the minimum limits a� insurance yau agreed to provide such person or organization in that written contract or agreement are wholly within the total ]imits of insurance of afl a�ailable applicable "underlying insurance". Page 4 of 23 O 2016 The Travelers Indemnity Company. All rights reserved. EU 00 01 0�' 9$ UMBRELLA ,��, � � � � � � � O '� � � � � .� � � .� � � � O � � � � � � .� � � � � D � � � B. GAV�RA�� B— UMIBR��LA dIABI�[TY With respect to Co�erage B� 1. 7he Named Ensured shown En the Declarations is an insurad. �. If you are: a. An individual, your spouse is also an insurad, but only with respect to tE�a conduct of a E�usirtess of which you are the sol� owner, F7. A partnership or joint venture, your members, your partners and their spauses ar� also insurads, put only with respact to the conduct af yoUr bus�ness. c. A limited liability company, your members are also insureals, but only with respect ta the conduct of your business. Your rr�anagers are also insureds, but only with respect to their duties as your managers. d. An organization other ti�an a partnership, joint venture or limited liability company, your "officers" and directors are also insureds, �aut only with respect to their duties as your "otficers" or directors. Your stockholders are also insureds, but only with raspect to their liability as stockholders. e. A trust, your trustees are also insureds, Eaut only with respect ta their d�ties as trustees. 3. Each of the following is afso an insured: a, Your "�oiunteer workers" only w�ile performing duties related to tE�e canduct af your business, ar your "emplayees", othar than either your "officers" (if you are an organization other than a partnership, joint venture or limited liability cornpany? or yaur rnanagers (if yau are a limited liability company}, but only far acts within fhe scope of their ernployment i�y you or wl�ile perforrning duties ralated to the conduct of your E�usiness, F{owe�er, none of these "employees" or "�olunteer workers" are insureds for: ('i) "soclily injury" ar "personal i n j u ry": (a} To you. to your partners or rnernbers (i� you are a partnership or joint venture), to your rnembers tif you are a limited liability companyl, to a co- "errzployee" while in the course of his or her emplaymant or performing duties related ta the conduct of your business, or to your oth�r "volunteer workers" while performing duties related to the canduct of yaur business; (b} Ta the spouse, child. parent, brother or sister of that co"employee" or "volunteer worker" as a consequence of Paragraph {1)[�) above; (c} For which there is any ohligation to share datnages with or repay someone else wha must pay damages because of t�e in ury describec� in �aragraph �"flfa) or (b) abo�e; or {�} Arising out of his or her providing or failing to provid� professional health care ser�icas. Unless you are in the bus�ness or accupation of pro�iding professiana� health care services, Paragraphs (1)(a), (�1, Ic} and (d} abo�e do not apply to "bodily injury" arising out of providit�g ar failing to provide first aid or "Good 5amarita� services" by any of yaur "ernployees" or "�olunteer workers" other than an employed or volunteer doctor. Any such "emplayees" or "vofunteer workers" providing or failing to provide first aid or "Good Samaritan services" during their work hours far yau will be deemed to be acting within the scope af their employrnent by you or performing duties related to the conduct of your business. {�} "Proparty damage" to property: (a� Ownad, �ccup�ed ar used by; or (6} Rented to, in the care, custody or control of, or over which physica[ cantrol is being exercised for any purpose by; you, any of your "emplayees" or "voluntear workers", any of yaur partners or members �if you are a partnership or joint ventur�?, or any of your members tif you are a]imited liability company). EU UO Oi Ol 16 � 2016 T�e Travelers Indemnity Company. All rights reserved. P3�8 5 of 23 UMBFtELLA ,�,�; � 0 n� � � � � 6 '� � � � � .� O � .� � � � O � � � � � � .� � � � � e � O � b. Any person (oYher . than yoUr "ernployee" or "volunteer worker"�, or any organization, while acting as yaur real estate rnanager. c. Any person or arganization having �aroper temporary custady of your property if yau die, but only: (1) With respect to liability arising aut of the maintenance ar use of that property; and {2} Untii your legal representati�e has been a�pointed. d. Your legal representative if you die, but only with respect to duties as such. That representati�e will have al[ your rig�fis and duties under this insurance. 4. Any organization, other than a partnership, joint venture or limited liability cornpany, of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, on the first day of the policy perioc� is an insured and will qualify as a Narner! Insured. No such organization is an ir�surec! or will qualify as a Named Insured for "bodily injury" or "property damage" that occurred, or "personal injury" or "advertising �njury" caused by an offense committed after the date, if any, during #he palicy period, that you no longer maintain an ownership interest of more than 50% in such organization. 5. Any organization yau newly acquire or form, ofher than a partnership, jnint ven#ure ar limited liability company, and of which you are the sole owner, or in which you maintain an ownership interest of more than 50%, is an ins�red and will qualify as a f�amed Insured if there is no other similar insurance avaiiable to that organization. However: a. Coverage under this provision is afforded only until the 180�� day after you acquire or #orm the organization or the end of the policy periad, whichever is earlier; ,- and b. Coverage for such organization d�es not apply to. 111 "Badily injUry" ar "property damage" that occurrec�; or (21 "Personal injury" or "ad�ertising injury" arising out of an off�nse committed, before you acquired or farmed the organization. No person or organization is an insured or will qual�fy as . a Named Insured with respect to the conduct af any current or past partnership, joint uenture or limited liability company that is noi shown as a Named Insured in the neclarations. This paragraph daes not apply to any such partnership, joint venture or limitec! liability company that otherwise quafifies as an insure� under Paragraph B. of s�c�i�� i� -- w�o i� �n� i�u�uR�o. C. GQV�AA�� -- S�RVIG� �X��l5�S With respect to following P�rsons insureds and wilf Insureds: CRISI� MAIV��IVY�I�T' Co�erage C, the and organizations are qualify as Narned 1. The Named lnsured shown in the Declarations. �. Any organization, other than a partnership, joint venture or lirnited liability cornpany, of which you are the sole owner, or in which you maintain an ownership interest of more than 50°%, an the first day of the policy period. No such arganization is an insured ar will q�alify as a Named insured fiar "crisis management service expenses" arising out of a"crisis management avent" that first commences aftar the date, if any, during the palicy period. that you r�o longer mainta[n an ownership interest of more than 50% in such orgar�ixation. 3. Any organization you newly acquire ar form, other than a partnership, joint veniure or limited liability compar�y, and o�€ which you are the so[e owner, or in which yau maintain an awnership interest of more than 50%, if there is na other sirnilar insurance available ta that organization, Howaver: a. Coverage under this pro�ision is afforded only until the 180th day after you acquire or form the organizatian or the end of the policy periad, whichever is earlier; and b. Coverage for such organ�zation does nat apply to "crisis rnanagement service expenses" arising out of a"crisis manage- ment e�ent" that accurr�d before yo�a acquired or formed the organization, e�en if an "executive officar" only first becomes aware of an "event" ar "occurrence" t�at leads to such "crisis management e�en#" after th� date you acquired ar formed the organization, P��B 6 of 23 l�i 2018 The Traveiers Indemnity Company. All rights reserved. EU 00 01 Oi 16 UMBR�LLA �� 'w � � � � .� O � .� � � ti O �, � � � � `� � .,y � � � � O � � � No person or organization is an insured or will qualify as a Named Insured with respect to the concEuct of any current or past partnership, joint �enture or limited liability company t�at is rtnt shown as a Named Insured in tF�e Declaratians. S�CTi01V lil — �IM'I7S 0� If�SLfWANC� A. The �imits of Insurance shawn in the Declarations and the rules below f�x the most we will pay far the amaunts described below to which this insurance applies regardless of the num�er of: 1. Insureds; �. Claims made or "suits" broug�t; 3. Number of �ehicles in�of�ed; 4. Persons or organizat�ons making clairns ar bringing "suits"; or �. Coverages provided under thi5 insurance. As indicated in Paragraph Q,1. ofi SE�TI�N i— C�V�RA��S, far any "suit" f�r which we have thte right and duty to defend the insured under Ca�erage �, defense expenses will be within the limits of insurance of this policy w�ten such expenses are within the limits of insurance of the applicable "underlying insurance". B. The Gen�ral Aggrega#e �imifi is the most we wil! pay for the sum of all: 1. Darnages; and �, Defense expenses if such expenses are within the limits of insurance of this policy; exc�pt: 'i. Damag�s and defense expenses because of "bodily injury" or "�roperty damage" included in the "auto hazarcE"; 2. Damages and defense exp�nses because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; or 3. Damages and def�nse expenses far which insurance is provided uncfer any Aircraft Liability ca�erage included as "underlying insurance" to which no aggregate limit applies. C. The PToducts-Gompleted Qperations Aggregate Lirnit is the most we will pay far the sum of all: 1, Damages; and �. Defense expenses if such expenses are within the lirnits af insurance of this policy; because of "bodily in�ury" or "property darnage" inclUded in th� "products- campleted operations hazard". �. Subject to F'aragraph B. or G. above, whichever applies. the OccUrrence Lirr�it is the most we will pay for the sum of a I L• 1. Damages, and de#ense expenses if such expenses are within the limits of insurance of th�s �aolicy, under Coverage A arising out of any one "event" to which th� "underlying insurance" applies a �imit of insurance that is separate from any aggregate lirnit of ins�rance; and 2. Damag�s u�der Coverage B f�eca�ase of all "bodily injury", "property damage", "personal injury" or "ad�ertising ir�jury" arising out of any one "occurrence", �. � ��G For the pUrposes ofi determining the applicable Occurrence �irnit, all related acts or omissions committed in the �aro�iding or failing to pravide first aid ar "Good 5amaritan services" to any one person will be considered one "accurrence". Fhe Crisis Management Service Expenses Limit is the most we wili pay far the sum of all "crisis management ser�ice expenses" arising out af all "cr�sis manag�ment avents". Payment of such "crisis management service expenses" is in addition to, and wifl not reduce, any o#her limit of insurance of this policy. The limits of insurance af this policy appiy separately to each consecut��e annual period and to any remai�ting period of less than 12 mant�ts, starting with the beginning of the policy period shown it� the Recla�ations. lf the policy period is extended after issuance for an additional periad of less ihan 92 months, the additiona� period will be deemed part of tY�e last preceding period for purpases of determining the fimits of insuranca. TI01!! 11A -- �CXCLl1Sl��[S T�is insurance does not apply ta: i4. With respect to Co�erage A and Coverage B: 1. A��ie�tas a. Damages arising out of the actual or alleged presence or actual. alleged or threatened dispersal of asbestos, asbestos fibers or products containing asbestas, pro�id�d that the damages are causad or contributed to by the hazardous prnperties of asbestos. b. Damagas arising out af the actual or a[ieged presence or actual, alleged ar threatened dispersaf of EU 00 01 0� 16 � 2016 The Travelers Indemnity Company. All rights reserved. Page 7 of 23 UMBRELLA �� O o� � � � � � .� � � O � .,� � `� .;� � � � O �, � � � � � •y � � � � � � O � any sa�Ed, liquid, gaseous or thermal irritant or contaminant, including smoke, �apars, soot, fumes, acids, alkalis, chemicafs and waste, and fY�at are part of any claim or "suiY' which alsa af�eges any damages described in Paragraph �. above. c. Any loss, cost or expense arising out of any_ f1) Request, demand, order or statutory ar regulatory requirernent that any insured ar others test for, rrion�tar, c�ean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, asbestos, asb�stos fibers or products containing asbestos; or (2) Claim or "suit" by ar on behalf af any go�ernmental authority or any other person or �rganization because of testing for, monitoring, clean-- ing u�, removing, containing, treating, datoxifying ar neutral- izing, or in any way responding to, ar assessing the effects of, asbestos, asbestos fibers or products containing asbestos. �. ��plaqr�enf—Related ��actice� Damagas because of injury ta: a. A persan arising out of any� (1} Refusal to emplay that person; (�} iermination of that persan's employment; or (3� Employment-refated practice, policy, act or omission, such as coercion, demotion, �valuat- ion, reassignment, discipline, failure to promote or advance, harassmar�t, humiliation, dis- cr�mination, libel, slander, �iolation of the p�rson's right o# pri�acy, rnalicious prosecution or false arrest, detention or irnprison-rnent, applied to or directed at that person, regardless af whether such practice, policy, act or omission occurs, is applied or is cammitteci befare, duri�g or after the tirne of that person's employment; or b. ihe spouse. child, parent, br�ther or sister af that persan as a consequence of injury to that person as described in Paragraphs �,(91, (2) or i3) above. a. Whether the insured may be liable as an employer ar in any other capacity, and b. To any obligation to share damages wit� or repay someone else who must pay damages pecause af the injury. �. �R1S�+, COB�A �nd 5ir�ilar �avvs Any obligation of th� insured under: a. 7he �mpioyees Retirement Income Security Act Of 1974 {�Rf 5A) or any af its amendments; b. 7he Consalidated Omnibus BUdget Reconcifiation Act af 1985 {COBRA? or any af its amendments; or c. Any similar cammon or statutory law of any jurisdiction. 4. IVledical �xpenses Or Payntents Any obligation of the irtsured under any "medical expenses" or medical payments coverage. 5. rilucleaP MatePial Damages arising out of: �. The actual, alleged or threaten�d exposure af any person or property to; or b. The "hazardous properties" of; any "nuclear material". As used in tYiis exclusion� a. "Hazardous properties" includes radioactive, toxic or ex�losive pra�erties; 6. "Nuclear material" means "source material". "special nuclear material" or "by-product material"; and c. "Source material", "special nuclear rnaterial" and "by--product maier- ial" have the meanings given them in the Atomfc Energy Act af 1954 or any of its amendrnents. 6. �Inin�ueed oe �ir�derinsured �otnrists, i�n— �ault Ar�d Si�Nfa� law� Any liability imposed on the insured, or the ins�ared's insurer, under any of the followirtg laws: a, Uninsured rnotorists; b. Underinsured rnotorists; c. Auto na-fault or other first-party parsonai injury profiection (PIPI; d. Supplernentary uninsuredlunderinsured rnotnrists SNew York}; or This exclusian applies: e. Medical expense benefits and incorne loss benefits (1fir�inia), Pa�e 8 of 2� 8 2D16 The Travefers Endemnity Compa�y. All rights reserved. �U 00 Ot 0% i6 UM�R�LL.A �� o� � � � � � 4 � � � � � .,,� � � .� � � � O � � � � � � `' � .� � � � � O � O � 7, War Damages arising otat of; a. War, including uncEeclared or civif war; or b. Warlike action hy a mil�tary force, including action in hindering or dEfending against an act�a! ar expectad attack, by any govern- ment, sovereign or other authority using rnilitary personnel or ather agents; ar c. Insurrection, rebellion, revolution, usurped power or action taken by go�ernmenta[ autharity in hindering or defending against any af these. �. Workees Gor�pensatian �nd Sir�il�r Lauvs Any oE�ligation ofi the insured under a workers compensation, disahility benefits or unemployment compensation law or any similar Iaw. �. With respect to Coverage B: 1. �xp�Gt�d Or lntended Bodily lnjuwy �e �raperty Damage 2. � "Bodily injury" or "property damage" expected or intended frorn the standpoint of the insured. This exclusion does not apply to "badily injury" or "property damage" resulting from the use of reasonab[e force to protect persons ar �roperty. Gont�actual Lia�iility "Sodily inj�ary", "property damage,`, "persanal injury" or "advertis�ng injeary" far which the insured is obligated to pay damages hy reason of the assumption of [iability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of #he contract or agreement. Liquoe Liability "Bodily inj�ary" or "propsrty damage" for which any insUred rnay be iiable by reasan of: �. Causing ar contributing to the intoxication of any person, ir�cEuding causing or contributing to the intoxication af any p�rson i�ecause a[coha[ic bev�rages were permitted to be brought on your premises for consumption on your premises; h. The furnishing of alcaholic beverages to a person under the legal drinking age or uncEer the influence of alcahol; or c. Any statute, ordinance ar regulatiat� relating to the sal�, gift, distriE�ufion or use of alcohofic beverages. 4. �r�ployer�� Liability "Bodily injury" to: �. An "employee" of the insured arising out of and in the course o f: {1} Employment by th� insured; ar (�) Perfortning duties related to the cancluct of the insured's business; or 6. The spouse, child, parent, brother or sister ofi that "employee" as a consequence of "hodily injury" described in Paragraph a. above. T�is exclusior� applies: �, Whether the insured may be liable as an employer or in any other capacity; and b. To any alaligation to share damages with or repay someone else who must pay damages because of the "podily injury". b. Pollutian a. "Bodify injury", "property damage", "personal injury" or "advertising injury" arising out of the actual, a1leged or threatened discharge, dispersal, seepage, migration, release or escape af "pollutants". b. Any loss, cast or expense aTising out af any: (1} Request. demand, order or statutory or regulatary require-- ment that any insured or any other person or organizatian test far. monitor, clean up, rernove, cor�tain, treat, detoxify or neutralize, or in any way respand to, or assess the effects af, "pnllufants'; or (�} Ciaitn or "suit" by ar on bahalf of any governmental authority or any other person or organizatian because of testing for, monitoring, cleaning �p, remowing, contain- ing, treating, detoxifying o� neutraEizEng, or in any w.ay responding to, or assessing the effects af, "pollutants". 6. Aircraft 'Bodily in�ury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft owned or operat�d by or ranted or IoanecE to any insured. Use includes operation and "loading or unlaading". EU 00 Dt Oi 16 n 2D16 `fhe Travelers Indemnity Company. All rights reserved. P��G � p� 2� UMBRE�LA This exclusion applies even if the claims against any ir�sured allege negligence or other wrongdoing in the supervisianr hiring, employment, training or manitoring of othars by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the own�rship, maintenance, use or {�} You do nat own and is not being used to carry any persan or property for a charge. 9. �lectronic Data Damages claimed far fhe loss of, lass af use of. demage to, corruption of, inability to access, or inahility to manipu�at� "electranic data". ,��, entrustmer�t to others of any aircraft �p, pamage To Rroperfy, Produc#s [1r UVork , that is owned or operated lay or � rer�ted or Ioaned to any insUred, "Property damage" to; _ � 7. Auto �. Property you own, rent ar occupy, � 'Bodily injury" or "property damage" incl�ading any costs or expenses � arising out af the ownership, incurred by yau, or ar�y other � maintenance, �se or entrustment to person or arganizatian, for repair, � others ofi any "auta". Use inc�udes replacement, enhancement, operatian and "loading or unloading", restoration ar maintenance of such � praperty for any reason, including � This exciusion applies e�en ifi the pre�entian of injury to a peTson � claims a ainst an ins�ared alle e � g Y 9 or damage to another's property; � negligence or other wrongaomg in t e � supervision, hiring, �mployrnent, b. PremEses you sell, giva away or � #raining or manitaring of athers by abanclon if the "property damage" � that insured, if the "occurrence" arises nut of any part of those `� w�ich caused fihe "bodily injury" or premises; � "property damage" involved the �, Property loar�ed to you; ownership, maintenance, use or � entrustment to others of any "autn". d. �ersonaf property in the care, ;� custody or controf of the insured; � This exclus�on does not app�y to s�, "bodily injury" or "property damage" � caused by an "accurrence" that takes � place outside of the United States of � America iincluding its te�ritories and � possessions), Puerto �ico and Canada, � €i. Watercraft •� "Bodily injUry" or "property damage" .`;� arising aut of the awnership, � maintenance, use or entrustment to � others of any watercraft owned or ,� operated by or r�nted or loaned to � any insured, Use inciudes operation � and "loading or ur�loading". � This exclusion applies even if the � clairns against any insured allege negligence or ofher wrongdoing in the supervision, �iring, employment. training or monitoring of oth�rs by that insured, if the "occurrence" which caused the "bodify injury" or "proparty damage" in�ol�ed the ownership, maintenance, use or entrustment to athers of any watercraft that is awned or operated by or rented or loaned to any insured. This exclusian does not apply to a watercraft: a. While ashore on premises owned by or rented ta any insured; or b. That is 50--feet long or less and that: f1} You own; or Page 1 � of 23 e. That particu�ar part of real property on which yau or any contractors or subcontractors working directly or indirectly on your behalf are perforrning aperations if the "property damage" arises out of those operations; �. That �aart�cular part of any property that must be restored, re�aired or replaced }�ecause "your work" was incorrectly performed o r� i t; g. "Your product" arising out of "your product" or any part of it; or h. "Your work" arising out of "your work" ar any part of it and included in th� "products- compl�ted oparations hazard". 11. Damage To Impaired Properrty 0� peopeety l�ot F�Hy�ically Injured "Property damage" ta "impaired property", or property that has not been physically injured, arising out a f: a. A defect, deficiency, inadequacy or dangerous condition in "your praduct" ar "yaur work"; or b. A delay or failure by you, or anyone actir�g on your behalf, to fulfill the terms of a contract or agreernen�. � 2D t 6 if�e Travelers [ndemnity Company. All t'igh#s reserved. �U 00 01 O'� 96 UMBRELLA �� 4a � � � � '� � � � � .� O � .� � � .,�, � O � � � � � � `°� .� � � � � � � O � This exciusion cEoes �ot apply to the loss of use ofi other property arising out af sudden and accidental physicaE injury to "your product" or "your work" after it has been put to i#s intended use. 12. Recall �� Product�, Wo�ic �� I�paip�d F�eapeP#y Damages claimed for any Ioss, cast or expense incurred by yo� or others for the Eoss of use, withdrawal, recall, inspec#ion, repair, replacement, adjustment, remo�al or disposal of: a. "Your product"; h. "Your worfc"; or c. "Impaired property"; if such product, work or property is withdrawn or recalled from the market ar frorn use by any person or arganization because of a known or suspected defect. deficiency, inadequacy or dangerous condition in i t. 13. �'iolation Of Gonsumer Financial �eotectian daws "Bodily injury", "praperty damage", "personal injury" or "advertising injury" arising out af any actuai ar alleged vialation of a "consumer financial protection law", or any other "bodily injury", "property damage", "personal injury" or "advertising injury" afleged in any claim or "suiY' that also alleges any such violatian. 1�. l��soiicited �or�r�unicatian "Badily inj�ry", "property damage", "personal injury" ar "advertising injury" arising out of any actua] or allegeci violation of any law that restricts or prohibits the sending, transmitting or distributing of "unsolicited communication". 'I s. �ccess Or Disclosur�e dfi Ganf ident�al �� Personal fnfiormation "BocEiiy injury", "property damage". "personal injury" or "advertising injury" arising out of any access ta or disclosure of any person's or organization's confidential or personal information. 16. Knowing Violatian �f Rights Of �4nother "Personal injtary" or "ad�ertising injury" caused Eay or at the direction of the insured with fhe knowledge that the act would �ioEate tE�e rights of another and would inflict "persanal injury" or "advertising injury". 17.IUYate�ial Published With Knowledge Q� �al�ity "Personal inj�ry" or "aduertising injury" arising aut of oral or written publication, including pUblication by electronic means, of materiai, i# dane py or at the directiQn of the insured with knawfedge of its falsity. 18. iU�aterial Published Or ilged �eioe io Rolicy Period �. "Personal injury" or "advertising injury" arising out of aral or written publication, including publication by electronic means, of material wY�ose first publication taak place before the beginning of the poiicy period; or b. "Advertising injury" arising out of infringemenf of copyright, "title" or "slogan" in your "advertise- ment" whose first infringement in your "advertisemer�t" was committed before the beginning of the policy �eriad. 19. �eir�inal AcE� "Personal injury" or "advertising injury" arising out of a criminal act committed by or at the direction o�€ the insured. 2�.8reacH �g Cont�act "Personal injury" or "advertisEng injury" arising out of a breach af contract. 2'[. Quality Or Performance �f �oads � Failuee To Ganfnr�r� '�o Stater��nts "Advertising injury" arising out of the failure of goods, products or ser�ices to conform with any statement of quality or performance made in yaur "ad�ertisement", 22.1Al�ang !]e�c�iption �f ��ic�� "Advertising injury" arisir�g out of the wrong description of the price of goods, products or services stated in your "ad��rtisement". 23.Intellectual �rop�rty "Personal injury" ar "advertising injury" arising o�at of any actual or alieged infringement or violation of any of the following rights or laws, ar any other "personaE injury" or "adverfising injury" alleged in any claim or "suit" that also alleges any such in#ringement or violatian: �. Copyright; h. Pa#ent; e. Trade dress; d. Trade name; �U OQ Oi 0% iG � 2016 The Travelers Inclemnity Company. All rights reserved. PB�e 11 of 23 UMBRELLA �� e � � � � � � � '� � � � `� .� � � � .� � G � O �. � � � � � .� � � � � � � � � e. Trademark; �. 7rade secret; or to mislead another's potential customers. C. With respect to Coverage G: �ewly Acquired, Controlled Qr �ormed �ntifies "Crisis management service expenses" arising out of a"crisis rr�anagemenfi event" that invofves any organization you newfy acquire or form and that occurred pr�or to the clat� yo�a acquired or formed that organization, ever� if an "executive officer" only first becornes aware of an '"e�ent" or '"occurrence'" that leads to such "crisis management e�ent" after the date yau acquired or tarmed such organization. s�c�ria� v — con�oirra�us A. �Pf��ALS 'f. lfi the insurad or the insurec['s "underlying inst�rer" elects nat to appeal a judgment which exceeds the "applicable �anderfying limit" or "self- insured retention", we may c!o so, 2, If we appeal such a judgment, we will pay all costs af the appeal. These payments will not reduce the applicable limits of insurance. In na event wii] our IiabiEity exceed the applicable lirnit of insurance. s. s��cRu��c�r 1, Bankruptcy or insalvency af the insured or of the insured's estate will not relieve us of our obligations under this insurance. �. In the event of �ankruptcy or insolvency of any "underlying insurer", this ir�surance will not replace such bankrupt or insolvent "underlying insurer's" poficy, and this insurance will apply as if such "underfying insurer" had not become hankrupt or insol�ent. C. C��C�ltAilON 1. The first fVamed Insured shown in the Declarations may cancel this insurance by mailing or deliveri�tg to us advance written notice af cancell ation. 2. We may cancel this insurance by mailing or delivering to such first Named Insured written notice of cancellatian at ieast: a. 1p days Eaefore tha effectiv� date of cancellatian if we cancel for nonpayment of premium; ar "Personal �njury" or "advertising b. 6� days befor� the eff�cti�e date injury" arising out af the unautharized af cancellation if we cancef for use of another's name or product in any other reasan. your e--mail address, domain name ar metatag, or any other similar tactics Page 7 2 �f 23 O 20 i 6 The Travelers Indemnity Company. Afl rights reserved. EU OQ 01 0% 1$ g. Other inteliectual praperty rights or f aws. 7his exclusion does not appfy to: a. "Advertising injury" arising out of any actual or alleged infringement or violation of another's copyright. "tit�e" or "slogan" in yo�ar "advertisement"; or h. Any other "personal injury" or "advertising injury" alleged in any claim or "suit" that alsa afleges any such infringement or �iolation of another"s capyright, "title" or "slagan" in your "advertisemen#". 24.Insured� In Mledia And Infernet Type Busine�� "Persnnal injury" or "advertising injury" arising out of an offense committed hy an insured whose business is: a. Acl�ertising, "broadcasting" or publishing; b= Designing or determining content of wsb-sites far others; or c. An internet search, access. conten# or ser�ice pro�ider. This exclusion does r�ot apply to Paragraphs a.{1}, (2) and {3} of the definition af "personal injury". For the purpos�s af this exclusion: a. Cr�ating and producing correspondence written i� th� conduct of yo�ar husiness, bulletins, financia[ or annual reports, or newsletters about your goods, products or services will not be consider�d ti�e business af p�ablishing; and b. The placing of frames, borders or links. or adv�rtising, for you ar others anywhere on the ]nternet will nat, by itself, �e cansidered the business �f advertising. "broadcasting" or publishing. ��. �lectronic C�atro�ms Or B�Eletin Boards "Persor�af injury" ar "ad�ertising injury" arising aut of ar� electronic chatraom ar bulletin board the insurer! hosts, owns or over which the ir�sured exercises control. 26.11nauthori�ed Use Of Anather's Name Ur Product UMBRELLA �� 6 '� � � `� .N � � .� � � ;� O � � � wa � � � .� � � � � e � � � 3. We will mail or deliver our notice ta such first Named Insured's last mailing address icnown to us. 4. Notice of cancel�ation will state the effective date of cancellation. The policy �ariod will end on that date. 5. ff this insurance Es cancefled, we will send such first Named Insured any premium ref�and due, If we cancel, the ra�und will be pro rata. If such first Na�ed Insured cancels. the refund may be [ess than pro rata. i"he cancellat�on wilf be effective e�en if we ha�e not made or offered a refund. fi. If notice is mailed, proof of mailing will be sufficient proof of notice. D. GHIA�l��S �. �. This policy contains ali the agreements petween you and us concerning the insurance afforded. Na change can be made in the terms of this insurance except with o[ar consent. The terms of this insurance can be amencEed or waived only by endarsement issued by us and mad� a part af this policy. CUR€i�f�GY Payments for cEamages or expenses described in Paragraph 5. of Paragraph �., [l�F�h[S� A�l� S��PL�M��lY�+�Y PAYIUf€i�T�, of S�Ci10[� I- GOV�RA�� will be in the currency af the United States of America. At aur sole option, we may rna[ce these payrnents in a different currency. Any necessary currency con�ersion for such paymen#s will be calculated based on the rate af exchange pubfished in th� Wall Street Journal immediataly preceeding the date the payment is pracessed. DUTI�� R��AR�IIV� AfV �V��, OCGURR��IC€, GL,41� C�R Sl�l�' insurance, you rnust see to it thafi we rec�ive written notice of the claim or "suit" as soon as practicable. 3. With respect tn Caverage �, the insurec! must: a. Cooperate with us i� the investigation, settlement or defense of any claim or "sUit"; b. Comply with the terms of tha "underlying insurance"; and c. Pursue al[ rights of contribufion or indemnity against any person or organization who may be liable to tf�e insured because of the injury, damage ar foss for which insurance is provided under this policy or any po�icy of "underlying insurance". 4. With respect to Coverage B, the insured rnust: a. Immediately send us copies of any demands, notices, summonses or f�gal papers received in connection with the claim or "suit"; h. Authorize us ta obtain necessary records and other information; c. Cooperate with us in the investigatian, settlement or defense of ar�y claim or "suit"; and 5. 9. You must see to it that we are notified as saon as practicable of an "event" ar "occurrence" which may result in a claim under this insurance. 6 To the extent possible, notice should include: �. How, when and where the "event" ar "occurrence" took place; b. Tne narnes and addresses of any perspns ar organizations sustaining injury, damage or loss, and the names and addresses of any witnesses; and c. Th� nature and locatian of any injury ar damage arising out of the "e�ent" or "occurrence". �. ff a clairn is made or "suit" is brought against any insured which may resuEt in a claim under this d. Assist us, upon our request, in the enforcement of any rig�t against any person or organization which may be liable to the insured because of injury or damage to which Coverage B may apply. No insured will, except a# t�at insured's own expense, valuntarily make a payment, assume any obligation, rnake any admissian or incur any expense, other than for first aid far "bodily injury" covered by this insuranca, without aur consent. Knowledge of ar� "event", "occurrence", claim or "suit" I�y your agent, servant or "employee" will not canstiYute knowledge by you, unless your insurance ar risk manager, or anyone warking in the capacity as yaur insurance or risk rnanager, or anyone yau designate with the responsibility of reporting an "a�enY', "occurrence", claim or "suit": a. Has received notice of such "event", "occurrence", claim or "suit" from such agent, servant or "employee"; or b. Otherwise has kr�owiedge oF such "event", "occurrence", claim ar "suit". EU 00 U1 0� 16 o 2016 The Travelers Indemnity Company. All rights reserved. Page 13 of 23 UMBRELLA �� O � � � � � .,� � � .� � G � O � � O � � � � � � � � � � 8 � �. [I�T[�� REGAR�I�1� A GRISIS fi�A�AC�fi��Ni iI� if� �V��17 Yau must: 1, Notify us within 30 days of a"cris�s rnanagament eve�t" that rnay result in "crisis management service expenses". 2. Provide written notice of the "crisis management event" as saon as practicabie. To �he extent possible, notice should include: a. How, when and where that "crisis management event" toak place; b. 7he names and addresses of any persons or arganizations sustaining injUry, damage ar loss, and the r�amed and addresses of any witnesses; c. ihe nature and location of any injury or damage arising out of that "crisis rnanagernent event"; and d. The reason that "crisis rrianagement event" is likely ta �nvoi�e damages covered by this insurance in excess of the "applicable underlying limit" or "seif-insured retention" and involve regional or nationa! m�dia coverage. H. �X�,MIk�AilOi� QF YOUR BQOK� ,4f�la R��R�S We may examine and audit your boaks and records as they relate to this insurance: 1. At any tirne during ine po[icy periad; 2, fJp ta ihree years after the end o� the poficy periocf; and 3. Within one year after firtal satt[ement af all clairns under this insurance. I. �x`��f�9�C� R��ORYING P�V�IOD OPilOi� 1. Vllher� the "underlying ir�surance" applies on a claims-made basis, any autamatic or basic "extended reporfing periad" in suc� "underlying insurance" will apply to this insurance. 2. When the "underlying insurance" applies on a claims-made �asis and you elect ta purchase an optiona! or supp[ernentaE "extended reporting period" in suc� "underlying insurance," that "extended reporting period" wili apply to this insurance oniy if: a. A written request to purchase an �xtend�d Reparting Period endorsement for this insurance is made by yau and received by us within 90 days after the encE of the policy period; h. Yo[a have paid all premiums due far this policy at the time you make such req�aest; c. You promptly pay the additional premiur� we charge for the Extended Reporting Period endorsement for this insurance when d�ae. We will deterrnine that additional premium after we ha�e received yaur request for the Extended Raporting Period endorsement far this insurance. That additional premium is not subject ta any limitation stated in the "Underlying ins�rance" an the amount nr percentage of additional premium that may be charged for the "extended reporting periad" in such "underEying insurance"; and d. That ExtendecE Raporting Period endorsement is issued by us and made a part of th�s policy. J. 3. Any Extandec! F�eporting Period endorsement for this insurance will not reinstate or ir�crease the Lirnits of Insurance or extend the policy period. 4. �xcept with respect to any provisians tn the contrary contained in Paragraphs 1., �. or 3. abave, af I provisions of any optior� to purchase an "extended reporting period" granted ta you in the "underlying insurance" apply to this insurance. I�S��C�10�lS A�l� SUR'��YS '!. We haue the ri�ht but are not obligat�d ta: a. Make inspections and surveys at any time; b. Give yau reports on the conditions we find; ar�d C, Recommend changes. �. Any inspections, surveys, reports or recommendations relate only to insurability and t�e premiums to be charged. We do not rna[ce safety inspections. We do not underta[ce to perform the duty of any person or organization ta pro�ide for the health ar safety of workers or the public. We da not warrant that conditions: a. Are safe or healthful; or b. Comply with faws, regulations, codes or standards. t{. b��►4� AGTI[IN A��41i�57 �I� 1. No person or organization has a right under this insurance_ a. To join us as a party or otherwise bring us into a"suit" asking for damages frorn an insured; or Page 14 of 23 � 2D 16 The Travelers Indemnity Company. AI[ rights reserved. EU 00 01 Qi 16 UMBR�LLA �� O � � � � � � � '� � � `� � .,�, � � � .,�, � .� � � � � � � � � .� � '� � � O � 4 � b. To sue us on this insurance unless all of its terms have been �uiiy camplied with. 2. A persor� or arganization may sue us to recover on an agreed settlerrtent or an a final judgment against an insured. We will not be liable for darnages tha't: a. A�e no� payable under #he t�rms of this insurance, or b. Are in excess of the appiicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant ar the claimant's legal representative. b. M,4ffVT�NAI�C� @� tl��RLYI�IG ��SUR�NC� 1. 7he insurance afforded by each policy of "underlying insurance" wil] be maintained for the full policy period of this Excess Follow-Form And Umbrella Liability Insurance. This pro�ision does not apply to the reduction or exhaus#ion of the aggregate limit or limits of such "underlying insurance" salely by payments as permitt�d in Paragraphs 4.a.�11, (21 ancE (31 of CU1A��A�� A— �X��CSS �OLLQW—��RNf diABIbITY o� S�C�IOf� 1— GOV�RA��S. As such policies expire, yau will renew tF�em at limits and with coverage at least aqual to tha expiring limits of insurance. if you fail to comply with the above r�quirements, Coverage �+ is not in�alidated. Howe�er, in the event of a lass, we will pay only to the extent that vue wauld hav� paid had you compliecf with the aho�e requirements. 1. The first Named ]nsured shown in the pec�eratians must give us written notice af any change in the "underlying insurance" as respecis: �I. Coverage; b. Limits of insurance; c. Termination of any couerage; or d. Exhaustion of aggregate limits. 3. If you are unable to recover frorn any "undarlying insurer" because you faii to comply with any term or condition of the "underlying insurance", Caverage A is not invalidatecE. However, we will �ay fo� any loss only to the extent that we would have paid had you comp[ied with that t�rm ar condition in that "underlying insurance". M. Oil�€� INSl4RAI�G� This insurance is excess o�er any valid and colfectible "other insurance" whether such "other insurance" is stated ta be primary. contributing, excess, contingeni or otherwise. ihis provision doss not apply to a policy bought specifically to apply as excess o'F this ins�rance. Mowe�er, if you specifically agree in a written cor�tract or agreement that the insurance pra�idec� to any person or organization that qualifies as an insured [�nder this insurance must apply on a primary basis, or a prirttary and non- contrihutary basis, then insurance provided under Coverage A is suE�ject to the �Folfowing provisions: 'f. This insurance wil[ apply befare any "other insurance" that is available to such additionai insured which covers that person ar organization as a narned insured, and we will not share with that "ather insurance", provided that the injury or damage far whic� coverage is sought is causecE by an "�vent" that takes pface or is cornmitted subsequent to the signing of that contract or agreement by you. 2. This insurance is still excess ov�r any valid and collectible "other insurance", whether prirnary, excess, conti�gent or otherwise, which covers that person or organization as an addit�onal insured or as ar�y other i�surecE that does not qualify as a named insured. �. �R�n��u� 'f. The first NamecE Insured shown in the 2. 3 Declarations is responsible for the payment of all premiums and will b� the payee for any return prerniums. If the premium is a flat eharge, it is not s�abject to acEjtastment except as provided in Paragraph 4. below. If the premium is other than a flat charga, it is an advance premium only. The earned premiurn will be computed at the end of the palicy period, or at the end of each year of the palicy period if the policy p�riad is two years or longer, at the rate shawn in the Declarations, subject fio the Minimum Premium. 4. Additional premium may bacome payable when caverage is provided for additional insureds �ander the pravisions of ��CTiQfV Il — WH� IS A� 1N�UR��. �. pR��l�� A�f�l�' The premiurn for this policy is the amount stafied in Item 5. of the Declarations. The premium is a flat EU 00 a1 07 t6 � 2016 The Travelers Indemnity Gompany. All righ#s reserved. page 15 Of 23 UMBRELLA �� .� � � � � .� � � .� � charge un[ess it is specified in the Declaratians as adjustable. P. PROf�I�1T�D cav�� - u�uc��s�n II��UF�AI�C� 2. Separately to each insured against whom claim is rnade or "suit" is brought. 1. W[fh respect to loss sustained by ar�y insured in a country or jurisdictian in which we are not licensec� to pravide this insurance, this insurance cfoes not apply to the extent that insuring such Inss would �iolate the laws or regulations of such country or jurisdiction. �. We do not assurne responsibiiity for: 1. If the insurad has rights to reco�er all or part of any �ayment we hav� made under this insurance, those rights are transfierred to us and the insured must do nothing after loss to irnpair them. At o�r request, the ins�red will br[ng s�ait or transfer those rights to us and help us, and with respect to Coverage �, the "ur�derlying insurer", enfnrce fihem. If the insured has agreed in a contract or agreement to waive that insured's right af recovery against any person or organiZation, we waive aur right af recavary against that person or arganization, but only far payments we rnake because af an "evenf" that takes place or is committed subsequent to the execution ot that cantract or agreement by such insured. � :� O �, � � � � � .� � � � w, O � 0 � a. Tf�e payment of a�y fine, fee, penalty ar other charge that rnay be imposed on any person or organization in any country or jurisdiction because we are not licensed to pro�ide insurance in such country or jurisdiction; ar h. The furnishing of certificates ar other evidence a� insurance in any cou�try or jurisdiction in w�ich we are not licensed to pro�ide insurance. �, �R[��11BI��D COV€RA�� - YRA�� OR �co�onnic ��ucriar�s We wil[ provide ca�erage for any loss, or otherwise will provide any benefit, only to the extent that providing such coverage or benefit does not expose us or any of our affiliated or parant companies to: 1. Any tracEe or econornic sanctian under any law or regulation of the United States af America; or 2. Any other applicable trade or economic sanction, prohibition or restriction, R. R�PR�5�1�l�'A�'f��S T. WAIl��R dR �'R��S�� OF R1�HT� 9� f��C�AV�RY ,�GAIN�T OTH�R� T� �S By accepting this insurance, you agree: 1. TF�e statements in the Declarations and any subsequent notice reEating to "underlying insurance" are accurate and compEete; � �. Those statements ara based �apon representations you rnade to us', ancf 3. We ha�e issued this insurance in reliance upon yaur representations. S. ��PARA71�� 0� I�lSU€3�DS Except with respect to the Limits of InsUrance, and any rights or duties specifically assigned in this policy to the firs� Named lnsured shawn in the Declarations, this insurance ap�alies: 1. As i� each Named Insured were the anly Narned Insured; and �. ReimbUrsemer�t of any arnaunt recovered will �e rnade in the following ord�r: a. First, to any person ar arganization (including us or the insur�dS who has paid ar�y amour�t in excess of the applicable limit ofi insurance, b. Next, to us; and c. 7hen, to any person or organization (including the insured and with respect to Coverage A, the "underlying insurer") that is erttitled to claim the remainder, if any. 3. �xpenses incurred in the process of recovery wil[ be divided among alf persons or organizations recei�ing amounts recauered according to the ratio of their respect[ve recoveries. TR�N��R �P Y��R Rf��liS AND DUTIES Uft1D�R THIS INSURA�C� 7. Your rights and duties under this insurance may nat be transferred without our written consent except i� the case of death of an individua� Named [nsured, �. If you dis, your rights and duties will be transferred ta your Eegal representative but only while acting within the scope of duties as your legal representative. Until your lega! representative is appoint�d, anyor�e having proper ternporary custody of yo€ar property will have yaur rights and duties but dnly with respect to that property. Page 1� of 23 � 201 6 The Travelsrs Indemnity Company. Ail rights reserved. EU 00 01 0% 96 UMBRELLA �� 4 � � � � O '�, � � � � .� � `� .� � .� � O � � � � � � � � � � � � � O � v. ��,o�� on��ss�ar� oR €��o� The unintentianal omission nf, or unintentianal error in, any information provided by you w�ich we relied upon in issuing this palicy wilf not �arejudice your rights under this insurance. Mowever, this provision daes not affect our right ta coElect additianal premium or to exercise our rights of cancellation ar nonrenewal in accordance with applicaE�le insurance laws or regulations. w. w�� oss �s P�r�s�� If we are liable under this ins€�rance, we will pay for injury, damage or lass atter: 1. Th� insured's liability is estaE�fished by_ �. A court decision; or �. A written agreerr�ent betwe�n the claimant, the insured, any "underlying insurer" and us; and �. The arrtaunt of the "applicable underlying limit" or "self-insured retention" is paid 6y or on behalf of the insUred. s�c��n� v� - ��rn��r��n�s ,4. With respact to all caverages of #his insurance: 7. "Applicable underlying limit" means t�e sum af: a. The applicable limit of insurance stated for the pnlicies af "underlying insuranGe" in the Schedule Of Underlyir�g Insurance subject to the Rrovisions in Paragraphs 4.a.{11, (21 and (31 of GOV�RAC� A — �xC�� F0��01�1— �o��n �IABI�fTY of s��r�� i -- GD��RACa��; and b. The appficable limit of insUrance o�F any "other insurance" that applies. The limits of insurance in any policy of "underiying insurance" wiil apply even if_ a. The "underiying insurer" claims the insured failed to comply with any term or condition af the policy; or 6. 7he "underlying insurer" becomes bankrupt or insolvent. �. "Auto hazard" means a[I "bodily injury" and "property darnage" to which fiability insurance afforded under an auto policy of "ur�derlying insurance" wnuld apply but for the exhaustion of its a�plicable iirnits of insurance. 3. "Electronic data" means information, facts or programs stared as or on, created or used on, or transmitted to or from computer saftware (�ncluding systems and applications so'Ftware), hard or floppy disks, Cb-ROMs, tapes, drives, cells, data pracessing de�ices or a�y other media which are used with electronicaEly ca�trolled equipm�nt. 4. "Event" means an "occurrence", affense, accident, act, error, omission, wrongful act or loss. 5. "Extended re�aartir�g period" means any period of time, starting with the �nd of the poiicy period of yaur claims-made insurance, during whicn ciaims or "sUits" may be first mad�, brought or reported far that insurance. 6. "Medical expenses" mear�s expenses to which any Medical Payrnents section of any policy of Commercia� Cenera! Liability "underlying insurance" applies. 7. "Other insurance" means ins�rance, ar the funding of lasses, that is provided by, thraugh or on behalf of: a. A�otF�er insurance com�any; b. Us or any of our a�Ffiliated insurance cornpanies; c. Any risk retention graup; d. Any sel�-insurance method or program, in wnich case the insured will E�e deemed to be the provider of such insurane�, or �, Any sirnilar risk transfer ar risk rnanagement method. "O#her insuranee" does not inc[ude: a. Any "underlying insurance"; or b. Any policy af insurance specifically purchased to be excess of the limits of insurance of this policy shown irt the Declarations. €�. "Praducts�cornpleted operations hazard": �. Includes all "bodily injury" and "property darnage" occurring away firom premises yau own ar rent and arising out of "your product" ar "your woric" except; �71 Products that are still in your physical possession; or {�} �/ork that has not yet heen complated or abandoned. Howe�er, "your work" wil[ be deerned completed at th� earliest of the following times: �U 00 �i1 d% 1� � 201 6 The Travelers fndemnity Campany. All rights reserved. Page 1% of 23 UMBRELLA ,�'� � � � � � � � '� � � � � .,� � `� .� � � � � � � � � � � � � .,,, � � � � � � O � (a) When all the wark called for in yo�ar contract has been compieted; (b� When all the work to be done at the job site has been completed if yaur contract calls for wark at mora than one job site; or (C) When that part of the work dorte at a joE� site has been put to its intended use by any person or organization other than another con- tractor or subcontractor working on the same project, Work that rnay need ser�ice, rnaintenance, correction, repair or replacement, bGt which is otherwise complete, wi[1 be treated as completed. b. Does not include "bodily injury" or "property darnage" arising out of: {1) The transportation af property, unless the injury or darnage arises out af a conditian in or on a vehicle not owned or operated by you, and that condition was created by the "Eoading or unloading" of that vehicle by any insured; ��) The existence afi too�s, uninstalled equipment or abandoned or unused materials; or ��} Products or operatians for which the classification list�d in a policy o� Commercial General Liability "underlying insurance" states that products- completed operations are su6ject to #he General Aggregate Limit. "Suit" means a ci�iE proceeding which alleges darnages. "Suit" ir�cludes: a. An ariaitration proceeding in which damages are clairned and to which the insured must subrnit or daes submit with our consent; or b. Any o#her ali�rnative dispute resolution proceeding to which the insured submits with our consent, B. Liabiiity ]nsurance, c. Does not include any part of the policy period af any of the palicies described in Paragraphs a. or b. above that began �efare, or that continues after, the policy periad of this Excess Follow-Form And Urnbre[�a Liability Insurance. 11. "Underlying insurer" means any insurer which provides a pol�cy of insUra�ce listed in the Schedule Of Underlying fnsurance. With respect to Ga�erage $ and, to the extent that the follawing terms are not defined in the "underlying insurance". #o Co�erage A: 1. "Advertisement" means a notice that is broadcast or published to the generai public or specific market segments abaut yaur goods, praducts or seruices for the purpose af afitracting customers or supporters. For the purposes of this definition: �. Notices that are published include material placed on the Internet or on similar electronic rneans of communication; and 6. Fiegarding web sites, anly that part of a web site that is abaut your goods, products or services for the purposes of attracting cUstomers or supporte�s is considered an ad�ertisement. Z, "Advertising inju�-y": a. Mear�s injury, other than "persanal injury", caused by one or rnore o� the following oFfenses: {1} Oral ar written puE�lication, including publication by electronic rneans, of material in your "advertisem�nt" #hat slanders or [ibels a person or organiza#ion or disparages a person's ar organization's goods, products or services, provided that the claim is rnade or the "suit" is braught by a person or organization that claims to have been slandered or Iibeled, or that clairns to ha�e had its goods, praducts or services disparaged; 1U, "Underlying insurance": �� Oral or written puhlication, including publication by a. Means the policy or policies of elactronic means, of rnaterial insurance listed in the Schedule in your "advertisement" that: Of Underlying Ensurance. , (�} Appropriates a person s b. �ncludes any renewal or replace- name, voice, photograph or ment of suc� policies if such likeness; or renewal or replacernent is during the policy periad of this Excess �b} Unreasonably places a Follow--Form And Umk�re]la person in a false light; or P��F3 1$ of 23 m 201 6 The Travelers Inclemnity Company. All rights reserved. �U 00 Ot 0! i$ UMBRELLA ,��, � O o� � � � � � .� � � O � .,� � � .� � v� � O � � � � � � .� � � � � O � � � {3} Infringerrtent of copyright, "title" or "slogan" in your "advertisement", provided that the claim is made or the "suit" is brought by a person or organizatian t�at claims owner- ship of such capyright, "title" or "slogan". b. Includes "bndily injury" caused by one or more of the offens�s described in Paragra�ah a. above. 3. "Auto" rneans: a. A IancE rrzotor �ehicie, trailer or semitrailer dasignad for travef on public roacls, including any attacE�ed machinery or equipmer�t; or �i. Any ather Eand vehicle that is subject to a camp�alsory or financial respansibili#y law ar other motor vehicle insurance law where it is licensed or principally garaged. Hawe�er, "auto" does not include "mobile equiprnent". 4, "Bodily injury" means: �. Physica[ harrn, including sickness ar disease, sustained by a person; or b. Mental anguish, injury or illness, or emotional distress, resulting at any time from such physical harm, sickness or disease. �a, "Broadcasting" means transrnitting any audia or �isual rnaterial for any purpase: a, �y radia or talavisior�; or b. In, }ay or with any other electronic means of comrnunication, such as the Internet, if that material is part of: ('11 Radio or television programming being transmitted; {�) Other entertainment, educat-- ional, instructianal, music or news programming being trans- mitted; or (3) Ad�ertising transmitted with any such programming. 6. "Cons�mer financia! identity inforrnation" means any of the following inforrnation for a person that is used or colleCted �or the purpose of serving as a factor in establishing such person's eligibility for personal credit, insuranca ar err�ployment or for the purpase of conducting a business transactian_ a. Part or alf ofi the acca[�r�t number, the expiration clate ar the baiance af any creclit, debit, bank or ather financial accourtt; b. Inforrnation bearing on a person's credit worthiness, credit sfanding or credit capacify; c. Social security nurnber; d. Driver's license nurnber; or e. Birth date. '�. "Consumer financial protecfion law" rneans: �. The Fair Gredit Reparting Act {FCRA1 anc! any of its amendments, including the Fair and Accurate Credit Transactions Act (FACTA); b. Califarnia's Song-�everly Credit Card Act and any of its amenclments; ar c. Any ather iaw or regulation that restricts or prohibits the col[ection, dissemination, trans-- rnission, distribution or use af "consumer financial iclentity infarmation". 8. "�mployee" includes a "leased warker". "�mployee" does nof includa a "ternporary worker". 9. "Good 5amaritan services" means any ernergency medical ser�iees for which no compensation is demanded or raceived. 1(�. "Impaired �raperty" means tangible property, other than "yaur product" or "yaur wark", that cannot be used or is less usef�al because: a. Ifi incorporates "your producY' ar "your wark" that is [cnown or thought to be d�fective, deficient, inadeq�ate or dangeraus; or 6. You have failed to fulf�ll the terms of a contract ar agreement; if such property can be restored to use by Yhe repair, replacement, adjustment or rernoval of "your product" or "your work" or your fulfilling the terms o� the contract ar agreement. 11. "Leased worker" rneans a person leased to you by a iabor leasing firrrt under an agreement between you and the lak�or leasing firm, to perform duties related to the canduct af your business. "Leased warlcer" does not include a "temporary worker". 'i 2. "Loading or unlaading" means the handling of praperty: a. After it is tno�ed fram the place where it is accepted for mavement into or ar�ta an aircraft, EU 00 01 Oi S6 0 2016 The Travelers Indemnity Company. All rights reserved. Page 19 of 23 UMBF�ELLA �� oa � � � � O '� � � � � .� � � � � � O � � � � � � `� � .,,� � � � � e � � � watercraft or "auto"; h. While it is in or on an aircraft, watercrafit or "auto"; ar c. While it is being moved from an aircraft, watercra�t or "auto" to the �iace where it is finally delivered; but "loading or �anloading" does not include the movement of praperty by means of a rr��chanical device, pthar than a hand truck, that is not attached to t�e aircraft, watercraft or "auta". 13. "Mobile equipment" means any of the following types af land vehicles, includ�ng any attached machinery or equipment: �. Bulldozers, farm rnachinery, forklifits and oth�r vehicles r�esigned for �asa principally off public roads. b. Vehicles maintained for use solely on or next to premises you own or rent. C. Venicles that tra�e[ on crawler tresds. d. Vehicles, whether self-propelled or not, maintained primari[y to provide mobility to permanently mounted: E1} Power cranes, sho�els, [oaders, diggers or drills; ar (2} Road canstruction or resUrfacing equipment such as graders, scrapers ar roflers. e. Vehicles not described in Paragraph a., b., c. or d. abo�e that are not self-propelled and are maintained primarily to provide mobility to permanently attached ec{uipment of the following types: �11 Air compressors, pumps and generators, including spray3ng, welding. hui[ding cleaning, geaphysical exploration, lighting and well servicing equiprnent; or (�} Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in Paragraph �., b., c. or d. above maintained primarily for purposes other than the transportatian af persons ar cargo. However, self-propell�d vehicles with the follawing types o� permanently attached equiprr�ent are not "mobile equipment" but will be considered "autos": (1} Equipment designed primarily for: (a� Snaw remo�al; {b) F�oad maintenance, but not canstructiort or resurfacing; or [c} Street cleaning; (2) Cherry pickers and sirnifar dev�ces mounted on automohile or truc[c chassis and us�d ta raise or lower workers; and (3� Air compressors, pumps and generatars. including spraying. welding, building cleaning, geophysical exploration, fignfEng and well servicing equipment. Howe�er, "mobile equi�ment" does not include any land vehicle that is subject to a campulsory or f[nancial r�sponsibiiity [aw, ar other motor �ehicle insurance law, where it is lieensecf or principally garaged. 5uch land �ehicles are considered a�atos". 14. "Dccurrence" means; a. With res�act to "bodify injury" or "property damage": (1} An accident, including contin- uous or repeated expasure to substantially the same general harmful conditions, which results in "bodily injury" or "property damage". All "bodily injury" nr "property damage" catased by such exposure to substantia[ly the same general harmful canditions will be deemed to be caused by one "occurrence"; ar (�) An act or omission committed in providing or failing to �rovide first aid or "Good Samaritan ser�ices" to a person by any of your "employees" ar "valunteer workers" other than an employed or volunteer doctor, unless you are in the business or occupatior� af providing professional health care services,` b. With respect to "personal injury", an offense arising out of your E�usiness that results in "personal injury". All "personal injury" caused hy the same or related injurious material, act or offense will be deemed to be caused by ane "occurrence", regardless of the frequency or repetition thereof, the number and kind of media used or the number of persons or organizations making claims or bringing "suits"; and P�� 2D of 23 � 20 t 6 The Trave[ers [ndemnity Company. All rights reserved. EU 00 09 0� 96 UMBFiELLA �� O 4) � � � � � � .,� � � � � � . �, � � .� � � .� � O � � � � � � .� � � � � � � � � c. With respect to "advertising injury", an offense committed in the course of ad�e�tising your gQods, praducts and services that resufts in "advertising injury". All "advartising injtary" caused by the same or r�lated injuriaus material, act or offense wilf I�e c�eemed to be caused by ane "occurrence". regardless of the frequency or repetition thereof, the number and kir�d af rnedia used or the numfaer of �aersons or organizatior�s making claims or bringing "suits". 15. "Officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other sirnilar go�erning document. 1S. "Personal injury": a. Means injury, ather than "advertising injury", ca�sed by one or mare of the fol[owing offenses: (11 False arrest, detention or irnprisonment; (21 Maliciaus prosecutian; (3) 7he wrongful eviction frorn, wrongfui entry into, or in�asion of the righf of private occupancy o� a room, dwelling or premises that a person occupies, provided that the wrongful eviction, wrongfuf entry or invasion of the right of privafie occupancy is committed by or on behalf of the owner, landiard ar lessor of that room, dweliing or premises; (�) Oraf or written publication. incfuding publication by electranic means, of rrtaterial that slanders or libels a person or organization or disparages a person's or arganization's goods, products or seruices. pra�ided that the claim is made or ti�e "suit" is brougF�t by a person or organization that claims tn have I�een slandered or libeled, ar that clairns to have had its goods, products or services disparaged; or (51 Oral or written publication, including publication by electronic means, of material that: (a) Appropriates a person's name, �oice, phofagraph or likeness; or (b) Unreasonab[y places a person in a false light. b. Encludes "bodily injury" caused by one or more of the affenses described in Paragraph �. abav�. 'i7. "Polfutants" mean any solid, liquid, gaseous or thermal irritant ar contaminant, including smake, vapor, saat, fumes, acids, alkalis, chemicals and waste, Waste includes materials to be recycled, reconditioned or reclaimed. 1�. "Property damage" means: a. P�ysical injury to tangible property, including alf resulting lass of use of that property. All such foss of Use w��l be deemed ta occur at the firne of the physicai injury thaC caused it; or b. Lass of use of tangible property that is not physical]y injured. Ail such loss of use wifl be deemed to occur at the tirrte of the "occUrrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 1�. "Selfi-insured retention" is the greater of: a. The amount shown in the Declarations w�ich the insured must first pay under Coverage B for clamages because of all "hodily injury", "property damage", "personal irtjury" or "advertising injury" ar9sing o�t af any one "occurrance"; or h. The applicable lirnit of insurance of any "other ins�arance" that applies. �Q. "Sfogan"= a. Means a phrase that others use for the purpose of attracting attention in their advertising. b. Does not include a phras� us�d as, or in, the name ofi {1} Any persan or organizatian other than you; or (2� Any business, or any of the premises, goods, products, seruices or work, of arty persan ar organization other than you, �'i. "Terrtporary worker" rneans a person wE�o is furnished to you to substit�te for a permane�t "ernplayee" on leave or to me�t seasonal oT shnrt-term workioad conditions. 22. "Title" means the name of a literary or artistic work. EU 00 01 Qi 16 0 2p 16 The Travelers Indemnity Gompany. All rights reserved. Page 2 i Of 23 UMBR�LLA �� O � � � � � � � '« � � � � .,� � `� � .,� � � c� � � � � � � � � � •,y � � � � � � O � 23. "UnsoliciYed communication" means any cornmunicat[on, in ar�y forrn, that the recipient of s[ach cammunication did not sp�cifically request to recei��. 24. "Volunteer war[cer" means a person who is not your "emplayee", and who donates his or her work and acts at the direction of and within the scope of duties determir�ed by you, and is not paid a fee, salary or other compensation by yau or anyone else far their wark performed by yau. 25. "Your praduct": a. Means, [11 Any goads or products, other than real property, manufactured. sold, �and[ed, distributed or disposed of by: (a} You; (h) Others trading under your name; or (c� A persan or arganiza�ion whose business or assets you have acquired; and (2� Containers {ot�er than vehicles), materials, parts or equiprnent furnished in connection with such goads or products. b. Includes: ('[) Warranties or representations rnade at any time with respect to the fitness, quality, dura- bility, performance or use of "yaur product"; and (�} TF�e providing of or failur� to provide warnings or instructians. c. Does not ir�clude �ending machit�es or other property rented to ar located for tha use of athers but not sald. �6, "Yaur work", a. Means: ('�) Work or operations performed i�y you or on your behalf; and (�1 Materials, parts or equipmer�t furnished in connection with such work or oparations. �i. Includes: {1} Warranties or representations made at any time with respect to the fitness. �uality, durability, performance or use of "your work"; and �2} 7he �raviding of or faflure fo pro�ide warnings or instructions. G. With re5pect to Coverage C: 1. "Crisis management advisor" means any public reiations firtr� or crisis management firm approved by us that is hired by yau to perfiorrn "crisis rr�anagement services" in cor�nection with a "crisis managernent event". 2. "Crisis managerr�ent event" means an "event" or "occurrence" that your "executiva officer" reasonab�y determines has resulted, or may result. in: a. Damages covered by this Coverage 14 or Coverage B that are in excess of the total appEicable limits afi the "under- lying insurance" or "self-insured retention"; and 6. 5ignificant adverse regional or national media caverage. 3. "Crisis rnanagement service expenses" m�ans amounts incurred by you, after a "crisis management e�ent" first cammences and before such e�ent ends: a. For the reasonable ar�d necessary: {1} Fees and expenses of a"cr[sis manag�ment advisar" in the performance for you of "crisis management services" solely far a "crisis management event"; and {2] Costs far printing, ad�ertising, mailing of materials or travel by your directors, o�ficers, employees or agents ar a "crisis management advisor" soieEy for a "crisis manage� rnent event"; and b. For the following expenses resulting from such "crisis management event", prov�cEad that s�ach expenses ha�e been appro�ed by us: (1] Med�cal expenses; �Z1 Funeral expenses; {3) Psychoiogical counseling; (4) Travel expenses; �51 Temporary li�ing expenses; {�} Expenses to secure the scene of a "crisis management even#"; or {7} Any other expenses pre� appraved by us. Page 22 of 23 0 2016 The 'fravelers Indemnity Company. All rights reservacl. EU 00 0] 0� 9& UMBRELLA ,��; � O o� � � � � � O '� � � � `� .� � � .� � � ;� 4 � � @ � � � .� � � � � 4 � � � 4. "Crisis managem�nt services" means those services performed by a"crisis management advisar" in advising you or minimizing potential harrn ta ypu from a"crisis management event" by maintainir�g or restoring publ�c confidence in you. 5. "�xecuti�e officer" rn�ans your: a. Chief Executive Ufficer; 6. Chief Operating Officer; c. Chief �inancial Officer; d. Aresident; e. Gerteral Counsel; �. Genera! partner tif you are a partnership}, or g, 5ole proprietor (if you are a sole proprietorshipi; or any person acting in the same capacity as any indi�idual listed abava. EU �0 01 07 16 � 2016 The Travelers Indemnity Company. All rights reserved. P2�G 2� Ofi 2� POLICY NUMBER:TB2-Z91-�171905-020 COMMERCIA� GE�3ERAL E,fABII.ETY CG 20 37 U413 THiS ENDORSE�+iENT CHANGES TH� POLICY. PLEASE READ IT CAREFULLY. ��irio�� in��u�� v��s, �� o� ��i�iF��!►�T�� iV��'L�T�� F�AT1�fV� This endorsement modifies insurance �rovided under the following: CONiMERCIAL GENERAL LIABILEN COV�RAGE PART PRORUCTSICOMPLETED OPERATIO[�!S L.IABILITY COVERAGE PARi A. Section Il — Who fs An fns�red is amended to include as an additional insured the person(s} or organizaiion(s) shown in the 5chedule, bu# anly with respect to liability for "bodily injury" or "properiy damage" caused, in whole or in part, by "your work" at the lacation designated and described in tf�e Schedule of this endorsemeni performed for that additiona! insured and included in the "products-compfeted operations hazard". f-iowever; 1, The insurance affarded to such additional insured only applies ka #he extent permitted by law; and 2. If coverag� provided to the additional insured is required by a contract or agreement, the insurance afForded to such additional insured will not be 6roader than that which you are required by the cantract or agreement to pravide far such additiona! insured. B. With respect to the insurance afforded to these additianal insureds, the following is added to 5eetion fll � L.imits Of Insurance: If coverage provided to the addi#ional insured is required by a contract or agreement, the mnsk we will pay on behalf of the additional insured is the amount of insurance: 1. Ftequired by the contract or agreement; or 2. Available under the applica�l� Limits of Insurance shown in the Declarations; whichever is less. This endorsementshail nat increasethe applicable Limits of Insurance shown in tf�e Declarations, SCI-EEDEJLE Name Of Additiona] Insured Person(s) Or Organization(s); Lacation And Descri�tion Qf Compieted Opera�ions All persons or organizations with whom yau ha�e All locations as required by a wriEten contract or entered inta a written cantract or agreament, prior to an agreemeni entered inta prior #o an "accurrence" or "accurrence" or ofifense, to provide additional insured offense, status. Information required ta complete this Schedule, if nnt shown abov�, will be shown jn #he Declarations. CG 20 37 U4 13 O Insurance 5arvices OfFice, InC_, 2flrt2 Page 1 0� 1 l�OLICY f�lUMBER:T82-Z9i-4719Q5-p�0 COMM�RGiAL GENERAL LlABiLITY CG 20 7 U 04 13 THfS EN�ORSEMENi CHANGES THE POLtCY. PLEASE READ IT CAREFI.ILLY. AD�IiI�NA� IIVSU�� II�l��S, L��5 ��: ��IVTRA�T�R� � SC��UL�� €�5��! OR O��A�1��►�I�IV This endorsement modifies insurance provided under the following: COMM�RCIAL G�N�RAL LIABILITY COVERACE PART A. Section 11 — Who Is An lnsured is amended to �t. All work, including rnaterials, parts or include as an additional insured the person(s} or equipment furnished in connection with such organization(s) shown in khe Schedule, but only with work, on the project (other than service, respect to liability for "bodily injury", "properiy maintenance or repairs) to be petformed by or damage" or "personal and advertising injury" an behalf of the additional insured(s) at the caused, inwhole or in part, by: location of the covered operations has been 1, Your acts oromissions; or completed: or 2. The acts or omissions of those acting on your behalf; in the Performance of your ongoing operations for the additionaf insured(s) at the location(s) designated above. Fiowever: 1. 7he ir�surance afforded to such additional insured only applies to the e�ctent permitted by faw; and 2. lf co�erage �rovided to khe ac4ditional insured is required by a contract ar agreemeni, khe insurance afForded to such addi#ional insured will not be broader than that which you are required by the contract or agreernent to provide for such additiona! insured. B. WitF� respect tn the insurance afforded to these additional insureds, the following additional exclusions appky: `�his insurance does not apply to "bodily injury" or "property damage" occurring after: 2. That portion of "your work" out of w�ich the injury nr damage arises has bean put to its intended use by any person or organizakinn other than another contractor or subcontracior engaged in performing operations for a principal as a part ofthe same project. C. With respec# to the insurance a4forded to thzse additional insureds, ti�e following is added to Section 1!I — Limits Of [nsurance: If co�erage provided to the additianal insured is required by a contract or agreerrtent, the most we will pay on �ehalf of the additional insured is the amount of insurance: 'i. Required by the contrart or agreerr�ent; or 2. Available under the applicable Limits of ]nsurance shown in the �ec�arations; whichever is less. This endorsement shail nat increase the applicable Limits of Insurance shnwr� in the Declarations, SCHEDEJi.� Name Of Additional Insured Person(s) Or Organizatian(s): Location(sj Of Cavered Operations All parsons or organizakians with whom you have All locations as required by a written conkraci nr entered into a written contract or agreement, prior io an agreement enkered into prior to an "occurrence" or "occurrence" or ofEense, to provide addiiional insured offense. status. Information required ko camplete this Schedule, if nat shown above, will be shown in the Declarations. GG 20 10 04 13 � Insurance Services Offite, Inc., 20'f2 Page 1 of 1 Policy Number; TB2--Z91-471905—�20 THIS ENDORSEM�NT CHANGES THE POl.ICY. PLL�ASE F2EAD !T CAREFUl.LY. COMMERCIAl. GENERAL l.IABIl.ITY ADAITIONAL INSUFtED EtVFiANCEMENT FDR C01+1TRACTORS This endorsement modifies insurance pravided under fhe !ollowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART fr�dex of �nodified items: Item 1, BfanL�et Additional Ensured Where Requireci By Written Agreament Lessars of ��as�d Equipmer�t ., Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Archifects, Engineers or 5unreyors Any Person ar Organizaiion Item 2. Blanket AdditionaE lnsured — Grantar Of Permiis Item 3, Other Insurance Amendment Item 9. Bianket Additional Insured Where Req�ired By Writken Agreement Paragraph 2. of Seciion �I -- Who Is An Insured is amended io add the following: Additionaf Insured By Wri�Een Agreemeni The fallowing are insureds under the Policy when you have agr�ed i� a writte� agreement to provide them coverage as additional insureds under your policy; 9. l.essors of Leased Ec�uipment: The person(s) or organization(s) from whorn you lease �quipment, but only with respecE ta liability fbr "bodily injury", "property damage" or "personal and adverfising injury" caused, in whofe or in �ar#, by your maintenance, operation or use of equipment leased to you by such person{s) or organization(s)_ This insurance does naE apply to any °occurrence" which takes place after the eq�ipment lease expires. 2. Managers or Lessors of Premises: Any manager(sj orlessor(s} of premises leased to you in which the writiert iease agreement obligates you to procure additional insured coverage. The coverage afforded io the additional insured is limited to liability 9n connection with the ownership, maintenance or use of the premis�s leased ta you ar�d caused, in whole or in park, by some negligent act(sj or omissian(s) of you, your "employees", your agenis or your subcontractors, There is nn coverage for fhe additionaf insured for fiability arising ou# of the sal� negligence of the additional insured ar thnse acting on behalf of the additiona! insured, excepk as provided befaw. If the writfen agreemenk obligat�s you to pracure additional insured coverage for the additional insured's sole negligence, then the coverage for the additional insurecE shall coRform to the agreement, but only if the applicable law would allow yau ia indemnify the additionaE insured for liebility arising out of the additional insured's sole negligence. I..0 20 58 91 18 O 20'18 Liberfy Mutual Insurance Page '1 of 4 lncfudes copyrighted material df Insurance Seivices Offce, Inc., with its permission. 7h9s inss�rance do�s nat appEy #o: a. Any "occurrence" whici� takes piace after you ceas� fo be a ienenf in that premises or ia lease #hat fand; b. Stru�fura� alterations, new cansiructivn nr demoliiinn aperations perFormed 6y or Qn behalf p6 thaf manager ar lessor; or c. Any premises for whic� coverage is exoluded by endarsemen#. 3. Mortgagaes, Assignees or Recei�ers: Any p�rsan(s) or organizafion{s) +r�ith respect #o their IiabiGty as mortgagee, assignee or receiver and arising ouf af your ownetship, maintenance or us� of #he premises. This insurance does nat apply ta structura] alterafions, netv cons#rucfion ancE demoiition operaiians parformed by or on bel�aff of such p�rson(s) or organization(s). +�. Owners, Lessees or Contraciors: Any person(s) or orgar�fzafion(�} to whom you are o��igated #o procure additia�al insurad ca�erage, bui oniy with respect to Iiability for "bodily injury", "property damage° or "�ersonaf and advertising injury" caused, in tuhale or in part, by yaur act(s) ar omission(s) flr the acf(s} or omission(s} af yo�r "employees", your agents, or yaur subcontractors, in the perfarmance of your ongoing aperations. This insurance does nnt apply to "bodi€y injury", "praperty damege", or "personal and aci�ertising injury" arising out of "yaur wark" inclvded in khe "products-completed op�rations hazard° un�ess yo� are required ta provide such cov�rage for the additional insured by the written agreement, and then only �or the period of fime required by ti�e written agreement ar�d or�fy fa� liabiliiy caused, in +,vhale or in par�, by yaur ac#(s) or omission(s� ar fhe aat(s) nr amission(s) of yaur "employees", your agents, or your subeontraetors. There is no cavarage for #he addifional insUred far liability arising out of the sole negligence of the additional i�sured or those acfing on behalf af the additional insured, �xcept as provided 6elow. if the written agreemenf obllgates you to prpcure additional insured c�verage far the additional in5ur�d�5 SOIE neglige�ce, then the coverage for th� additional insured shall �pnForm ta the agreement, bu# only if the applicahle law would allow you to ind�mnify ih� additinna( ir�sured far Eiabifity �rising put the sddiiional insureci's sale negfigence, 7his i�surance does naY apply to "bodily injury", "properfy d�rnage" or "personaE and adver�ising injury" arising out of f�e rendering of, or failure #o render, any professEana! architeetural, engineer�ng or survey"sng services, including: a. The preparing, approving, or �ailing to prepare or approve, maps, shop drawir�gs, opinians, reports, surveys, field orders, change orders c�r drswings end spectfcations; or b. 5upervisory, inspection, architecfura! or engineering acti�ities. 1'his �xclusion appEies even if f�e cfairns against any insured atlege negligence or ofher wrangdning in the supervision, hiring, em�loymen#, training or monitortng of nthers by thak insur�:d, �f t�e "ocourrence" which eaused tF�e "bvdily injury" or "prnperfy damage", or the afFense whic� caused the "personal and ad�erfising injury", invoived the r�ndering of or failure to render any professionaE services. 5. Architeets, �ngineers or Sunr�yors: Any architect, engineer, or surveyor engaged by yau bui only wiih respect to liebility Far "bodily injury", "property darnage" or "personaE and advertising injury" causect, in whoie ar in part, �y your act(s) or amission�sj or the act(s} ar omission(s} of those �cting on ynur beha�f: a. In connecfion with yQur pretnises; or b. In the performance of your ongoing aperations. 7his insurance does not apply ta "bodily injury", "properiy damage" ar "personal and advertising injury" arisir�g ouf of the rendering of ar �ailure to render �ny professionai servlces by or for you, lncluding; LC 20 58 11 18 O 2Q18 Liber#y Mutua! fnsurance Page 2 af �€ lncludes copyrighted material a# Insurance SeNices O�ce, Inc., with i#s permission. a, The preparing, appraving, or failin� to p�epar� or appro�e, rnaps, shqp drawings, o�inions, reports, surveys, fefd orders, change ord�rs o� drawings and specificatiar�s; or b. 5upervisory, inspection, architec#uraf ar engineering activiiies. ihis �xclusian ap�lf�s �ven if the claims against any insured a(iege neg(igence nr other wrongdoing in the supervision, F►iring, emplvyment, training or monitoring of others by that fnsured, if the "qccurrence" which caused fhe "boc�ily injury" ar "property damage", or the offer�se which caused #he "Persanal and a�veriising injury", invoivad ihe re�dering o�or failure ia render any professional services by ar for you. fi. Ar�y Person vr Organlzatior� Other ihan a Joint Vanture: Any person(s) or organizaf�on(s) �other than a jaint �enture of �nrhich you are a mernber) for whorr� you are obfigated to pracure additiona( insured co�erage, but only with r�s�eck fa Eiabili#y fvr "bodily injury", "propee#y damage" or "persortal ar�d acE�er#ising ir�jury" caused, in whoie or in parf, by your act(s) ar omission(s) ar the act(s} or amission(s) of thase acfing on your behalf: a�, lrt the performance af your ongoing operafions; or b. fn connectian with prernises owned by or rented fo yau. This insurance does nat apply ta: - a. Any person{s) or organiz�iion(s) more speci�cally co�ered in Paragraphs '1. through 5. above; b. Any construction, renavatlon, demolifion or insfaffation aperations performed ay or on hehali of you, orthose operating an your behalf; or c. Any pe�son(sj or orgsnization(s) w�ose prnfessinn, business or occ�pation is fhaf of an architect, surveyar or engineer with r�spect to [iability arising out of the rendering of, or fallure to render, any proiessionaf architec#urai, engfneering or sutv�ying saivices, including: ('{) TYre �reParing, appraving or failing to prepare or approve, rnaps, drawings, opinions, reports, sunreys, field orders, change orders, dEsigns and specEficatior�s; ar {2) Supervisory, inspecEion, arehitectural ar engineering activities. This exclusian applies even if ihe claims egainst any insur�d aAege neglige�ce or other wrongdoing ir� the supetvision, hir2ng, empfoyrnent, trair�ing or moniioring of others by that insured, if the "occurrence" which caused t�e "hpdify injury" ar "pra�erty damage", nr the oifense which caused the "p�rscsnal and advertisfng injury", involved tf►� rendering af or faiiu�e to re�der any proiessianel services by or on behalf of you, or those nperati�g or� yaur behai€. 'I'!�e insurance affarded to any person(s) or arganization(sj as an insured under this ftem 7.: 1. Appliss to fF�e extent permitted by law; 2. Applies oniy ta Ehe scope af ao�erage and the m€nim�rm lirriits of msurance required by the writlen agreement, but in r�o ev�nt exceeds eith�r the scope of coverage or the fimi#s of insurance provid�d by this Palicy; 3. Does nof apply to any person(s) ar organization(sj for any "bodily injury", "property damage" or "persanal and adverf€sing injury" if any other additional insured sndorsemen# atfaehed to this Poiicy applies Ea such persnn(s) nr organizativn(s} with regard fo th� "bodily i�jury", "pro�erty damage" or "persanal and ad�ertisi�g injury"; 4. Applies ortly if the "bodily injury" or "property darnage" occ�trs, ar ihe afFense giving rise to fhe "persnnal ar�d ad�e�fising lnjury" 'ts cammitted, subsequent to the executinn of #he written agreem�nt; and 5. Applies only if the written agr�em�nt is in efiect at the tirrie the "bad�ly injury" or "property damage" occurs, ar at the time the nffense givfng rise to the "personal and advertising injury" is cornmiit�d. LG 2D 58 1/ 18 O 2b98 l..iberiy Mutuaf Insurance Page 3 of 4 Includes copyrlg�ted materiaf pF Insurance Services OfFice, Inc„ with iis permission. ftem 2. Blanket Additionaf �nsurecf — Grantor Of PerrnP#s Paragraph 2. of Seetion (I — Whp ls An insured is amended to add the following: Any stafe, mur�icipality ar political su�division that has issu�d yo� a p�rtrtit in connectinn with any operations p�rForrned by ypu or on your bat�alf, ar in ca�nectian with premises you own, rer�t or cantrol, and fo which #his insurance appfies, but ahfy to the exEet�t that you are requir�d #a prowide additianal insured status #o the staie, mu�icipality ar political subdivisian as a condition of reeeiving and r�aini�infng #he permif. 5uch s#ate, municipalify or politiaal subdivision thaf has issued you a permif is an insured only with resp�ci io tRa�r liabilify as granfnr af such permit to you, However, with respect to tt�� state, municipality or politicat subdivision: 1. Coverage will ba na broader #han required; and 2. Limits af insurance wilE nat exceed the minimurn Eimits a� insuranee required as a canditian fnr receiving or maintaining the perrni#; but rreiti�er i�e sco�e of caverage nor tha limi#s of insurance wifl exceed those provided by this f�oGcy. This i�surance does not apply to: 4. "Bodily ir�jury" "property damage" or "persona� attd zduerffsing ir�jury" arising out af oPerations performed for the state, rnunicipa[ity or politica] subdi�isian; 2. Any "bodily injury" or "prope�ty c�amage° inciuded within the "producfs-com�leied operations F�azard", �xGept w�ten required by writte� agreerrient initiated prior ta lass; ar 3. "8odily injury", "property damage" or "personal and advertising injury", unfess negligenily oaused, ir� whole or in part, hy yau or thase acting on yaur beha(f, Item 3. Other Insurance Amer�dmeni If you ara ob�igated under a written agreemer�t #o provide lial�ility insurance an a primary, excess, contingent, or any nther basis for any person(s} or organizafian(s) that qualifies as an adclitional insured on tF�is Poi[cy, this f�alicy will apply solely nn the �nasis required by such wriL#en agreemer�t and Paragraph 4. Other Insurance of Section EV — Cornmerciat Genera! �iability CanditiQns will noi app[y. Wher� the applicable vuri#ten agreemen# does naf specify on whai basis khe liabilify insurance wilk apply, fh� provisions of Paragraph �l. Ofher insurance of Section fV — Comrnercial General Liabi�ity Condit�ans wilf apply. However, this insurance is excess over any oEher insurance available to the additional insured for which if is afso covered as an additional insured for the same "occurrence", c(aim ar "suit". LC 20 58 11 'I8 OO 209 8 Liberty Mutual lnsurance f'age 4 of 4 Inciudes copyrighted material ot lnsurance 5�rvices Offce, inc., with its perrnissiqn. Poliey Number: TB2-�91-471305-020 lssued by Liberty MutuaE Fire Insuranee Co. TMIS E�1pQRSENiENT CMANG�S TFI� POLICY. PLEASE READ IT CAR�FI�LLY. CQMMERCIAL G�N�RAL LfAB1LITY ENHANCEMENT F'OR CONTRACTORS This endorsement modifies insurance provided under the fioflow9ng: COMMERCIAL GENERA� LIABI�I�"1' COV�RAG� PAR7' Index af modified items: Item 9. Item 2. Item 3, Item 4. Item 5. ttem 6, Item 7. Item S. Item 9. Item 't0. Item 77. Item '12. Item 13, Item 14. Reasonabfe Force Non-Owned Watercraft Extension pamage 7o Premises Rented To You -- Expanded Co�erage Badiiy lnjury To Co-Employees hleafth Care Professionals As Insureds Knowledge Of Occurrer�ce Or Offense Noiice Of Occurrence Or Offense �Jnintentional �ailure To Disclose Bodily Injury Redefined Sapplementary Payments — Increased Limits Properky in Your Care, Custody Or Co�trol Mahile �c}uipment Redefined Newly Formed Or Acquired Entities Waiver Of Right O# Fiecavery By Written Contract Or Agreemen# Item 1. Reasonabfe Force Exclusion a. of Section I— Coverage A-- Bodify Inj�ry And Property 17amage Liabiiity is replaced by the following: a. Expected dr Intended Injury "6odily 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 reasonahle force to protect persons or property, Item 2. Non-Owned Watercraft Extension Paragraph (2} of Exclusion g. of Sec#ion i-- Coverage A-- Bodily Injury And Property bamage Liability is repfaced by thefollowing: f�) A watercraft you do not own that is: (a} Less than 55 feet long; and (b) Nat being used Eo carry persons or property for a charge; Item 3. Damage To Premises Rented Ta You — Expanded Coverage A. The final paragraph of 2. Exclusians of Seckion I-- Coverage A— Sodily Injury And Property bamage Liabifity is replaced by the follawing: E.0 32 199 11 78 OO 2418 Liber#y Mutuaf fnsurance Page 1 of 5 fnc�udes copyrighted material of lnsurance 5enrices Office, lnc., with its permission, �xclusiansc, thraugf� n. do not appfy to damage by fire, fightningor expfosionor subsequentdamages resulting firam such fire, lightning or explosian incEuding waEer damage fa prernises whife rented io you ar temporariEy accupied by you with permission of the owner. A separate limit of insurance �ppiies to this coverage as described inSeciivn EII -- Limits Df Insurance. �3. Paragrap� B. of Section I!f -- Limiks Of Insurance is repfaced by the foElowing: 6. Subjec# ta ParagraPf� 5, above, tha Damage Tn Premises Rer�i�d 'To You Limit is the most we will �ay under Cov�rage Afor damages because of "property darr►age° to any one premises,while rented to you, or in the casa of damage byfire, lightning,explosion orsubsequentdamages resuftingfrom suchfre, ]ightr�ing ar explosion including water darnage tn prernises while rer�ted to you ar ternporarily occuPied by yo� with perrrrissiaR of the owner. The Damage To Fremises R�nfed To You Limit is the greater of: a. $30D,000; or b. The Damage T'v Prernises Rented 7'o You Limit shawn on tha {7eclarations. C. Paragrap� 9.a. of the definition of "insur�d contract" ir5eciion V—�efinitions is replaced by the following: a. A contraet for a lease af premises. Hawever, that pnrtinn af ihe contract for a lease of premises thai inderrFnifies a�y person ar organization for damage by �re, Iightning, explosian or subsequent damages resu(ting from such fire, lighkninc� or ex�losion including water damage fo premises while r�nted to yau or temporarily accupied 6y you witi� perrnissian cRhe owner is not an "insured contract"; D. The paragraph imrnediatelyfollowing Paragraph (6) of Exclusion j. af Section i— Co�srage A— Badily fnjury And Property 13amage Liabifity is replaced by the fol[awing: paragraphs (1), (3) and (4j of thRs exclusion do not appEy io "property darnage" (nther than damage by fire, fightning or explosion or subsequent damages resufEing fram such fire, Eightning or explvsian inCl�d'sng water damage} ta premises, including the tnnterrts af such premises, rented to you for a pariad of ss�en or fewer cons�cutivedays. A separake limit of ir�surance appliesto �amage 7n PremisesRanted Ta You as described in Sectian 11[ -�- Limits af ins�trance. iterr� �. Bnd�ly Enjury'Ca Ca-��ployees A. Paragraph 2. of Section IE -- Wha is An tnsured is a€nended to include: Each of the follawing is also an insured; Your "employees" (oiher fi�an either yaur "executive o1#icers" 1�f y�u are �� organization oth�r tf�an � parknership,joint venture or limitedliabi(irycompany) or your managers (if yau are a fimited IiabilitycQmpany)) or "vol�anteerworicers"ar� insuredswhilein #he cnurseof theiremploymentar whilepe�formi�gdutiesrelated to the canducf of yaur business wiFh respect to "bodify infury": (4j To you; (2) To yaur partners ar meEnbers (ifyou are a�arfnersF�ip orjoint venture); �3) To your me�nbers (if ynu are a limi#ed liability cnmpany); or (a) 7o a co-"employ�e" or "valunteer worker" whife that co-"err��loyee" or "voiunteer worker" is either ir� the course af (�is ar her employrnentby you or whifeper€arming duties related to the conductof your business (inciuding partici�arinn in any recreational activ�ties sponsored by you), Paragraph 2,a.(7)(a) of 5sction II -- Wf�o Is An Insur�d daes no# app(y to "bodily i�jury" fvr which insurance is pratided bythis paragraph. i.0 32'f99 11 18 mZDiB l.iberty Mutual Insurance; Page 2 of 5 fncludes copyrighted material of Insurance 5ervices DfFice, Inc., with its pe�ission, �. The insurance prnv�ded #�y t�sis [tem 4. for "badily injury" to a co-"emplaye�" or "volunteer wark�r" v�rifl not apply if the injured co,"emp[oyee`s" or "uaiunteer warker's" safe rerrEedy for such injury is provided ur�der a workers' compensafian iaw or anysimilar law. C. Other insurance The insuranc� �rovided by this ltem 4. is excess aver �ny oth�r valid and callectibf� insurance available to the insured, whethar prfmary, excess, contingent or nn any ather basis. Item 5. Heafth Care Prafessionals �ls Insurecfs A. Paragraph 2.a.('i)�d) vf Sectlon [I -- Who Is An lnsured is replaced by the foflowing: (d) Arising out of hEs ar her provicling or failure to pravide pro€eSsional health care services, Mowever, any "emplayee" ar "volunteer r�rorker" of the Nam�d lnsurecE who is acting as a Good Sarnari#an in respo�tse to a public ar medical emergency or who is a"designated health care provider" is an insured with respect ta "badily injury" and "personal andadv�rtising injury" Fhat� (ij Arises out of the providing of ar failure ta prnvide pro#essionaf health care services; and (ii) Occurs in the course of and withir�tf�e scope of suc� "employee's"or "volunteer v+rorker's" employm�nt by the Named Insured. �3. W ith res�ect ta "empiayees" �nd "voiunteer warkers" providi�g prafessional health care services, the foilawing exciusians are added io Paragraph �. Exelusions o# Sectian I— Coverage A— Bc�ciily In,{ury Ancf Property IZamage Liahility and Paragrapli �. �xclusions ot Section I— Coverage �— Personal And Advertising �njury Riability: 7his insurance does not appiy to: (T) Liabiiity assumed under an "ins�r�d contract" ar any nther contract or agreement, (z) �iabifity arising out of th� prauiding o� professionai h�;alth care services in viofatian of taw; (3) LRabilityarising ou# af khe praviding ofi any professinnal heaEtk� eare serv'tces while ir� any degree under the influence afintoxicants or narcotics; (4) Liabi[ity arising out of any dishonest, fraudulent, maEi�io�s or knowingly wrongful act orfailur� tn act; or (S) Punitive ar exemplary damages, fines or penalties. G. Th� follvwing defni#ion is added tc6ectian V-� �]efinitions: "pesignated health care prouider" rneans any "emplQyee" or "�olunteer worker" of the Narrred ]nsur�d whose d�ties include providing professior�ai heaith care services, including but noi limited to doctars, nurses, emergency medical technicians odesignated first aid personnel. D. �t3�er Insurance The insurance provided by ihis ltem 5. is excess ov�r any ather vafld and collectible insurance available to the insured, whether primary, excess, contingenk or on any oti�er basis. �tern 6. K�awledge Of Occurrence Or Dffense Know[etigeof an "accurrence" or offense byyauragerst, servant or "employee" will nvt in itselfconstituteknowledge by you unfess your "�xecutive affi�er" or "e�nployee" cfasignated by you to notify us of an "accurrence" or a�fense has knawfedg� of the'bccurren�e" or offense, LC 32 199 '[ 1'I S C�} 20'18 Liberty Ntutual Insurance Fage 3 of 5 [ncludes copyrighted material af Insuranc2 Senrices QfFire, fnc., with its permissior�, iterrr 7. Nofiice Of Occurrence Or (lifer�se Fnr purposes of �aragrapf� 2.a. of Se�#an IV — Camrnercial General Liab�(ity Cvnditions, you refers tv yaur "executive afficer"or "emp[ayae" that you have t€esignaied io give us notic�. Itern 8. Unintentianal Failure ia bisc�ose Unintentionaffailure of khe Named fnsured ko discloseal! hazards �xistingat the incaption of this Palicyshall nnt be a basis for denial a� any cv�erage afforded by this Poficy. Hvwev�r, you must report such an �rror ar omissionta us as svon as practicab�eafter its discovery. This provision daes nat affect our right to colf�ct additior�ai pramium or sxercise our right of canceifation or non-renev�rat. Itern 9. Badily Injury Redefined The definition of "6odily injury" irsection V— Defin9tions is repiaeed by the following: "Bodily i�jury" means: a. Bodiiyinjury, sicknessor cEiseasesustained by a persan, inciudingdeath resultingfrom any of these at any #ime; and ia. Mental anguish, shocEc or h�miliation arising out af inj�ry as de�ined in Paragraph a. above. Me�tal ang�ish means any iy�e ofinental ar emotional illness or disEress. [ierrr 70. SuPplementary Payments -- tncreased L.imi#s Paragraphs 'I.b. anrf 'i.ci. of 5ection t— S�pplernentary Payments �- Coverages A And B are replared 6y ihe �ollowing: b. Up ta $3,OOb for khe cost of baif bonds requir�d because of accidents or traffic law �ioiations arising out oi tF�e use of any�al�icle ta whiCh Bodily Injury Lia�ility Coverage applies. W e do nat have to fumish these bonds. d. Aff reasonable expenses incurred by the insured at our request ko assis# in the i��estiga#ionor defense of the claim or "suit",including actual fass af earnings up fo $500 a day because of tim� aff from wror[c. item i1. Pra�erty In Yaur Care, Custody Or Contrai A. �'aragraphs (3) and (4) of Exclusian j. of 5ection 1�- Goverage A— Bodily tnjury And Praperty Damage LiaE�ility are deleted. B, Additinnai �xciusion Caverage grovided by this endors�ment does not apply ia "property cfarr�age° to pro�erty while in transit, C. Limits of tnsurance Subjectto ParagraPhs 2., 3., and 5. of 5e�tion III — Limits Of Insurance, tf�e most we wif[ pay for insu�ance provided by ParagraphA. above is: $10,0�0 Each Occurrence Lirr�it $i5,0�0 Aggregate Limit The Each Occurrence Limitfor this coverage appfies tn all damages as a res�lE ofi any ane "occurrence" regardless of ther�urrrber of persons or arganizatior�s wrha s�stain damage because af that "accurrance". �he Aggregate �imit is the mast we will pay for the sum af all darrtages under this ltem 1'i. LC 32 199 y'3 78 a z01 B Liberly Mukua! Insurance Page 4 a€ 5 Includes �opyrighted materia[ oi lnsurance Servicas pf#ice, Inc., with iis perrnission. D. �t�erinsurance This insurancE daes not app]y to any portion nf a lass for which the insured has availabie any other va�id and coll�ctible insuranca, whether primary, excess, contingent, ar on any other basis, unless such other insurance was specificaily purchased by the insured to appfy fn excess of this Policy. Itern 12. Mabife �c�uipment E2edefin�d "Che ciefinition af "mabile equiprnent in Seetion V— Definit��ns is arnended to include self-propelled vehicles wRth �� permar�ent(y attached eauipment less than 1000 paunds gross vehicle weight that are primarily designed fnr: ('E) Snow rerrioval; (2) RoacE maintenance, b�t not canstr�ction or resurfacing; or (3) S#reet cleaning. How�ver, "mo€�i[e equipment" does not inc[ude Eand vehicfes that are subject to a camp�Isory Qr �nancial respansibilitylaw or nth�r matar vehitie ins�rance law wh�r� such vehic{es are licensed ar principai�y garaged. Land �ehicles subjeet to a compulsory or financiai responsibility law or ather motar ve�ide insurance iaw are consitlereti "autos". item 93. Newly �armed Or Acquired Entities A. Paragra�h 3. o# Sectian tl -- Wha ts An Insured is replaced by the follawing: 3. Anynrganizationyou newfyacquireor form, other than a partnershiporjoiniventure, �nd over whichyou maintainmajorityownershipor majarityinterest,willqualifyas a E�amed Insured iFthere is no other similar Ensurance available to that organizatian However: a. Coverage under this provision is afforded aniy unti4: (9 )�he '180th day aft�r you a�q�ire ar form th� argar�ization; (2) 5a�arate coverage is purchased far the organization; or (3) The end af the policy period which�ver is earlier; b. �ection I-- Correrage A—� 8adiiy injury And Property i]amage i.ia�ility does not appfy io "badily injury" or "�roperiydamage" that occurred befar�: you acquired or formed ihe arganization; and c. Seciion E-- CQ�erage B-- Personal And Advertising Injury LiaEailiiy does rtot app�y tn "personal and advertising injury"arisir�g out n� an off�nse comEnitted befnre yau acquired or formed the arganization_ B. �"he insurance afforded tn any organizativn as a N�med tnsured under this Item 13. daes nat appky if a Broad Form Named insuredendnrsement attached ta this P�ticy applies to that organizat9on. item 7�t. Waiver Qf Right Q# RecoverSr By Written Contract or Agreemen# i'he f�llowing is added to Paragraph 8. Trar�sfer Of f�rghts Of Recavery A�ainstOthers io Us of 5ecfion 1V — Camrt3ercial General L�abiiity Canditians: W ewaive any right af reco�ery because af paymants we n�ake under this Pokicyfor injury or damage arising out af your ongoing op�rakians or "ynur �vork" included in the "praducts-completed operations hazard" that we may hav� againsd any perso� or organization with whorrt you hav� agreed in a wriiten co�tract or agreement ta waive your rights nf recovery but only if the "bodiiy injury" or "�roperty damage" occurs, ar affense giving rise to "persar►al artd advertising injury" is committ�d subsequent to the execution of the written tontract ar agre�ment. LC 32 199 'I'i 98 O 2018 Liberty Mutual Insurance Page 5 of 5 Incfudes copyrighted material o# insurance Services D#fice, Inc., wiih its permission. Poficy Nur�ber: AS2-Z91-471905-430 7H15 ENDORSEMENT CHAI�GES THE �OLICY. PLEASE REA� !T CAREFULLY. DESiGNATED INSURED - NONCONTRlBUTING Th�s encEorsement rnodifies insurance pro�ided under t�e following: BUSINESS AUTO COVERAGE FORM GARAGE COV�RAG� F'ORM MOTOR CARRf�RS COV�RGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of fl�e Coverage Farm apply unless modified by this endorsement. This endorsemer�t identifies person(s) or organization{s) who are "insurecls" under the Who Is An Insur�d Pro�ision of the Caverage Farm. This endorsement does not alter co�erage provided in the Coverage form. Schedule Name of Person(s) or Organiza�ians(s): Regarding Designated Contract or Project: Each person or organization shown in the Scheclule of this endorsement is an "insured" for Liabiliiy Coverage, buf only to the extent that person or organization qualifies as an "insured" under the Who fs An Insured Provision contained in 5ection li of the Coverage Form. T�e following is added to the Other Insurance Condition: [f you ha�e agreed in a written agreement fhat tn[s policy will be primary a�d without right af contribution from any insurance in force for an Additiona! Insured for liability arising ouf of your operatians, and the agreement was executed prior to the "bodily injury" or "property damage", then this insurance will be pr+mary and we will not s��k confribution from such insurance. AC 84 23 48 11 O 2010, Liberty Mufual Group of Companies. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Serv�ces Offic�, Inc. with i#s permission. Policy Number : AS2-Z91-479905-030 THIS ENDORSEMENT CHANGES THE POLICY. PI.�ASE READ IT CAREFULLY. AUTO �NHANCEMENT ENbORSEM�N7 This endorsemer�t modifies ins�arance provided under the follawing: BUSINESS AUTO COVERAGE FORM l. il. IlI. IV. V. VI. VI�. VIII. IX. X. Xl. XII. XIII. XIV. XV. XVI. XVII. XVI11 XIX. XX. XX I. XXII. XXIII Newly Acquired or Fvrrned Organizafions Employees as ]nsureds Lessor - Adtfitional insured and Loss Payee Sup�lementary Paymer�ts - Increas�d Limits Fellow Employee Coverage Personal Property of Others Additional Transportation Expense and Cost to Reco�er Stolen Aufo A�rbag Coverage Tapes, Records and Discs Coverage Physical Damage beductibls - Single Deductible Physical Damage Deductible � Glass f'hysicaf Damage Deductible - Vehicle Tracking System Duties in Ever�t of Accident, Claim, Suit ar Loss Unintenfional Failure to Disclose Hazards WorldwicEe Liability Coveraga - Hired and Nonowned Au#os Hired Auto Physical [7amage Auto M�dica� Payments Coverage Increased Limits Drive Other Car Coverage - Broadened Coverage for Qesignaied Individuals Rental Reimbursement Co�erage Notice of Cancellation or Nor�renewal �oanlLease Payoff Coverage Limited Mexica Co�erage Wai�er of Subrogation I. NEWI.Y ACQUIRED OR �ORi�i�� ORGANIZATIONS Throughout fhis policy, the words "you" and "yot�r" also refer to any organization you newly acquire ar form, other ihan a partnershi� or joint ve�ture, and over which you maintain ownership af more than 50 percent interest, provided: A. There �s no similar insurance available �o that organization; B. Unless you notify tas to add coverage fo your policy, the coverage under this provision is afforded only untii: 1. The 90th day after you acquire or form the organization; or 2. The end of �he �alicy period, whicY�ever is earlier; and C. 7he caverage does nat app�y io an "accident" which occurred before you acquired or formed the organizatio�. AC 8A 07 '11 17 �O 2017 Liberty Mutual lnsuraRce Page 1 of 10 Includes copyrighted material of �nsurance Services Office, �nc., with its perrnissior�. il. EMPLOYE�S AS WSURE�S Paragraph A,�I. Who Is An Insured of S�CTION 11 - COVER�D AU70S LIABILITY COVERAGE is amendad to add fhe following: Your "employee" is an "insured" while using with your p�rmission a co�ered "auto" you do not own, hire or borrow in your busi�ess or your personal affairs. III. LESSOR - ADDITIONAL INSURED AND LQSS PAYE� A. Any "leased auto" wil] be considered an "auto" you own and not an "auto" yau hire or borraw. The coverages provided under this section appfy to any "leased auto" until the expiration date of this poiicy or until the lessor or �is or her agent takes possession of the "leased auto" which��er occurs fiirsi. B. �or any "leased auto" that is a covered "auto" under SECTION II - COV�RED AUT05 L,IABIL[TY COVERAGE, Paragraph A.1. Who Is An [nsured pro�ision is changed ta ir�clude as an "insured" the lessor of the "leased auto". How�v�r, the lessor is an "insured" only for "bocEily injury" or "property damage° resulting from the acts or omissions by: 1. Yau. 2. Any of your "employees" or agents; or 3. Any person, except the Eessor or any "employee" or agent of fhe lessor, aperating a"leas�d auto" with the permission of any of the above. C. Loss Payee Clause �. We will pay, as interests may appear, you and the lessor of fhe "leased auto" for "loss" to the covered "leased auto". 2. The insurance covers the inferest of the lessor of the "leased auta" unless the "ioss" results from fraudulent acts or omissions on your part. 3. ]f 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 Ca�ce�lation Cammon Policy Condition. 2. If you cancel the policy, we will mail notice to fhe lessor. 3. Cancellakion ends this agreement. E. The lessor is not liable for pay�nent of your prerniums. F. F'or purposes of fhis endorsement, th� following definitions apply: "Leased auto" means an "a�to" which you lease for a period of six months or longer for use in your bus�ness, including any "temporary substitute" af such "leased auto". "Temporary substiiute" means an "auto" that is furnished as a substit�te for a covered "auto" when the covered "auto" �s out of service because of its breakdawn, repair, servicing, "loss" or destruction. AC 84 07 91 77 O 2�17 Liberty Mutual Insursnce �age 2 of i0 Includes copyrighted material of Ins�rance Services Office, Inc., with its permissian. IV. SUPPL�M�NTARY PAYMENTS - INCREAS�b LIMI7S Subparagraphs A.2.a.(2j and A.2.a.(4) of SECTION II - COV�R�D AUT05 LIABILITY COV�RAG� are deleted and replaced by the faffowing: (2) Up to $3,000 for cost of bail bonds (inciuding bonds for related fraffic law �iolations) required because of an "accideni" we cover. We do not have to furnish these bonds. (4j All reasonable expenses inc�rred by the "insured" at our request, including actual loss of earnings up to $500 a day ��cause of time off from work. V. FELLOW �MPL�OY�E COV�RAGE A. Exclusion B.5. of S�CTION II - COVERED AUTOS LIABILITY COV�RAGE does not apply. �. For ti�e purpose of Fellow Employee Coverage only, Paragraph B.S. of S�C710N N- B[JSINESS AUTO CONDITIONS is changed as follows: This Felfow Employee Coverage is excess over any other co!lectible insurance. VI. �'ERSONAL PROPERTY OF OTHERS Exclusio� 6, i� SECTIQN li - COVER�b AU70S LIABILITY COVERAGE for a co�ered "auto" is amended to add the folfowir�g: This exc�usion does not apply to "property damage" or "covered pollutian cost or expense" invoiving "persoRal property" of your °employees" or others while such property is carried by the covered "auto". The Limit of Ins�rance for ihis caverage is $5,000 per "accident". Payrnent under this caverage does nat increase t�e Limit of Insurance. For the purpose of this sect�on of this endorsement, "personal prop�rty" �s defirtecE as a�y property that is nat used in the ind�viduaPs frade or business or held for the prod�action or co[lection of income. VII. AD�ITIONAL TRA�lSPOR7ATION EXPENSE AND COST TO RECOV�R STOI.EN AUTO A. I'aragraph A.4.a. of SECTION ill - PHYSICAI. DAMAGE COVERAG� is amended as fof�ows: 7he arnount we will pay is increased to $50 per day and ta a maximum fimit of $1,000. B. Paragraph A.4.a. of S�CiION Ilf � PHYSICAL QAMAGE COVERAG� is amended to add the following: [f your business is shown in the Declarations as sornething other than an auto deaiership, we wilf also pay up io $1,000 far reasanable and necessary costs incurred by you to return a stol�n covered "auto" from the pface where it is reco�ered to its �sual garaging location. Vill. AIRBAG COV�RAGE Exclusion B.3.a_ in SECTION IIl - PHYSICAL DAMAGE COVERAGE is amended to add the failowing: This exclusion does not apply to the accidenfal discharge of an airbag. IX. TAPES, RECORDS AND DISCS COVERAG� Exclusion B,4.a. af SEC710N Ilf - PHYSICAL aAMAGE COVERAGE is deleted and replaced by the folfowing: a. Tapes, records, discs or other similar audio, �isual or data electranic devices designed for use with audio, visual or data electronic equipment except when the tapes, recorcls, discs or ofher similar audio, visual or cEata electronic de�ices: AC 84 Q7 1'[ 17 O 2017 Liberty Mutua] Insurance Page 3 of 14 Includes copyrighted maferial 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 "foss". The most we wif! pay for "loss" is $200. No Physical Damage Co�erage cEecEuctible applies to th�s caWerage. X. �'HYSiCAL DAMAGE DEDUCTIBLE - SINGL� D�DUCTIBLE Paragraph D. in SECTIQN III - PHYSICAL DANiAGE COVERAGE is deleied,and replaced by the following: D. Deductibte For each coverecE "auto", our abligation to pay for, repair, return or replace damaged or stolen pro�erty will be reduced by the appficai�le decEuctible shown in the Declarations. Any Comprehensiv� Cov�rage deductible shown in tF�e Declarations does no# apply to "loss° caused by #'ire or lightning. When two or more covered "autos" sustain "loss" in the same collision, the total of all t�e "ioss" for all the involved covered "a�tas" will be reduc�d by a single deductible, which wiff be #he largest of all the deductibles ap�Eying to alf such co�ered "autos". XI. PHYSICAL DAMAGE DED�ICTIBLE — GI.ASS Paragraph D, in SECTION III - PHYSICAL DAMAG� COV�RAGE is amended to add the following: No deductible applies to "loss" to gfass if you elect to patch or repair it rather tnan replace it. XIL �HYSICAL DAMAGE DEDUCTBLE - VEHICLE TRACKING SYSTEM Paragraph D. in SECTION III -�HYSICAL DAMAG� COVERAG� is arnended to add: Any Compr�hensive 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 deWice and that de�ice was the method of reco��ry of the �enicle. XIII. DU�'IES IN EVENT OF ACCIDENT, C�AIM, SUIT OR LDSS Subparagraphs A.2,a. and A.�.b_ of SECTION IV- BUSIid�SS AUTO CONDiTtONS are ehang�cE fo: a. fn the event of "accident", claim, "suit" or "]oss", your insurance manager or any other person you designate musi notify us as soon as reasonably possible of such "accident", daim, "suit" or "loss". Such notice mus# include: ('f ) How, wh�n antE where ihe "accident" or "loss" accurred; (2) The "ir�sured`s" name and address; and (3) To the exteni poss�ble, the names and acEdresses of any injured persons and witnesses. Knowledge of an "accidenf', claim, "suit" or "loss" by yaur agent, servant or "employee" shall not be considered �cnowledge by you unless you, your msuranc� rr�anager or any other person you designate has recei�ed notice of fhe "accident", clairr�, "suit" or "loss° from your agent, servant or "ernplayee". b. Acfditionalfy, you and any other involved °insured" must: (7) Assume no obligation, make na payment or incur �o expense without our consent, except at the "insured's" own cost. AC 84 O7 41 17 O 2017 LiberEy Mutual Insurance F'age 4 of 10 Includes copyrighted materiaf of lnsurance Services Office, Inc., with its pe�mission. (2) Imrnediately send us copies of any request, demand, ord�r, notice, s�mmons or legal paper received concerning the claim or "suit". (3j Cooperate with us in the inuestigation or settiement of the claim or defense against the "suit". (4) Authorize us #o obta�n medical records or oth�r pertinent inforrna#ian. (5} 5uf�mit to examination, at our expense, by physicians of our choice, as often as we reasonably require. XIV. UNII�7ENT10NAL FAILURE TO DISCI.OSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AU70 CONDITIDNS is amended to add the foffowing: Any unintentional failure to disclose all exposures or hazards existing as of ti�e effective dafe of the Business Auto Coverage F'orm or at any time during fhe policy period wi!! not invaiidate or adversely affect the co�erage for such exposu�e ar hazard. Wowever, you must report the undisclosed exposure or hazard to us as soon as reasonably possible after ifs discovery. XV. WDRLDWID� I.�ABfLITY COVERAGE - HIRED AND NONOWNED AUTOS Condikian B,7. in SECTi�N IV - BUSINESS AUTO CONDITIONS is amended to acld the following: Far "accidenfs" resulting from fhe use or operatian of covered "autos" yau do not own, the cvverage territory m�ans all parts of tYte world subject to the fallowing provisions: a. If claim is made or "suit" is brought against an "insured" outside of the Ur�ited Sfates ofAmerica, its territories and passessions, Puerto Rico and CanacEa, we shall ha�e the right, but not the duty to in�estigate, negotiate, ancf settle or defend such claim or "suit". If w� da not exercise that right, t�e "insured" shall have ti�e duty to investigate, negotiate, and settle or defend the claim or "suit" and we will reimburse the "insur�d" for the expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United Staies of America at the rate of �xchange prevaiiing on the date of reimbursem�nt. The "insured" shal] provide us with such information we shall reasonably requ�st regarding such claim or "suit" and its in�estigation, negotiation, and settlement or cfefense. The "i�sured" shall not agree to any sattlement of the c[aim or "suit" without our consent. We shall not unreasonably withhplcf consent. b. We are not licensed to write i�suraRce outside of the United 5tates of America, its ierritories or possessions, Puerta Rico and Canada. We wiff not furnish cer�ificates of insurar�ce or ather evidence of insurance you may need for the purpose of complying with the laws of ather countries relating to auto insurance. Failure fo comply wit� the auto insurance laws of other countries may result in fines or p�nalties. This insurance does not apply ta such fines ar penalties. XVI. HIRE� AUTO PHYSICAL DAMAG� If no deducfi�les are shown in fhe Decfaratrons for Physical Damage Coverage for Hir�d or Borrowed Autos, the following will appiy: A. We will pay for '9oss" under Comprehen�iue and Collis�on caverages to a covered "auto" of the private passenger type hired without an operator for use in your business: AC 84 07 41 17 O 2017 Liberty Mutual Insurance Page 5 of 10 Includes copyrighted material of lnsurance Ser+rices Office, Ir�c., with its permission. 9. The most we will pay for co�erage afforded by fhis endorsement is the lesser of: a. The actual cost to repair or replace such cavered "a�to" with other property of like kind and quality; or b. The actual cash value of such coverecE "auto" at the time of the "�oss". 2. An adjustment for cEepreciation and physica] condition wi!! be made in determining actual cash value in the event af a total "loss". 3, If a repair or replacement resulfs in bet#er than like kind or quality, we will not pay for the amoun# of the betterment. B. For each covered "auto", our obligation to pay far, repair, return or replace the cover�d "auto" will be recEuced by any deductibie shawn in the beclarations fhat applies to private passenger "autos" that you own. ff no applicabfe deductible is shown in the Declarations, the deductible wi[I b� $250. If the D�ciarations s}�ow other deductibles for Physical Damage Coverages for Hired or Borrowed Autos, this Section XVI of this endorsem�nt does not apply. C, Paragraph A.4,b. of S�CTION III - PHYSICAL DAMAGE COVERAGE is replaced by the foflowing: b. l.oss of Use �xper�ses For Hired Auto Physical Damage provided by this endorsement, we will �ay expenses for which an "insured" becomes legally responsible to pay for loss of use of a priva#e passenger vehicle �-ented or hired wi#hout a dr��er, under a written rental contract or agreement. We wifl 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) 5p�cified Causes of Loss only if the Declarations indicate ti�at Specified Causes of Loss Coverage is pravided fiar any covered "auto", or (3) ColGsion ortly if the Declarations indicate that Collision Coverage is pro�ided for any co�ered "auto". However, the most we will pay under this co�erage is $30 per day, s�abject to a max[mum of $900. XVII. AUTO MEDICAL PAYM�NTS COVERAGE - INCR�ASED LIMITS For any covered "loss", the Limit of lnsurance for Auto Medical Payments will be double the lirnit shown in the Dec[arations if the "insured" was wearing a seat belt at th� t�me of the "accident". This is the maximurn amo�nt we will pay for all covered medica[ expenses, regardless of the rturnber of co�ered "autos", °insureds", premiums pa�d, claims made, or vehic[es involved in the "accident". If no limit of insurance forA�to Medical Payments is shown on fhe Declarations, this paragraph Section XViI of this �ndorsement does not apply. XVIII. DRIVE OTHER CAR COVERAGE - BROADEN�b COVERAGE FOR DESIGNAT�D INDIVIDUALS A. This endorsement amends onEy those coverages indicated with an "X" in the Drive Other Car section of ihe Schedule to this endorsement. B. SECTION II - COV�RED AUTOS LIABILITY COV�RAGE is amended as follows: 1. Any "auta" you don't own, hire or borrow is a covered "auta" for Liability Coverage while being us�d by any individual named in the Drive Other Car section of the Schedul� to this endorserr3ent or by his or her spouse while a residenf of the same household except: AC 84 07 1'� 17 OO 2017 L.iberty Mutual Insurance Page 6 of 10 lncludes copyrighted material of fnsura�ce Services Office, Inc., with its permission. a. Any "at�to" owned by #hat individual or by any men'►ber of �is or her household; or b. Any "auto" used by thaf individual or his or her spouse while working in a bt�siness of selGng, s�rvicing, repairing or parking "autos". 2. The foliow�ng is added to Who Is An Insured: Any individual named in tf�e Driv� O#her Car section of the Sc�eduie io this �ndorsement and his or her spouse, while a resident of the same household, are "insureds" while using any covered "au#o" descrbed in Paragraph B.7. of this endorsement. C. Auto Medical Payments, Uninsured Motorist, and Underinsured Motorist Coverages ar� amended as foliows: The following is added to Who Is An lnsured: Any individual named in the Dri�e Otf�er Car section of #he Schedule to this endorsem�nt and his or her "family members" are "insured" wh�fe "occupying" or while a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by thaf individua� or by any "family member". D, SECTION Ilf - PHYSICAL DAMAGE COVERAGE is changed as follows: Any pri�ate passenger type "auto" you don't own, hire or borrow is a covered "auto" while in the care, custody or contro] 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 excepi: 'I. Any "auto" owneci by that indi�idua] or by any member of hEs or her household; or 2. Any "auto" used by that ir�di�icEual or his or i�er 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 follawing: "Family member° means a p�rson related to the individua! narned in the Drive Other Car section of the Schedul�: to this endorsement by blood, marr�age or adoption wha is a residenf of the indi�idual's household, including a ward or faster child. XIX. RENTAL REIMMBURSEMENT COVERAGE A. For any ownecE covered "auio" for which Collision and Comprehensive Coverages are pro�ided, we will pay for rental reirnbursement expenses incurred by you for the rental of an "auto" because of a covered physical da�nage "loss" to an owned covered "auto". Such payment applies in addition to the otherwise applicable amount of physica[ damage coverage you have on a covered "auto". No deductibles apply ta ti�is coverage. B. We wil[ pay only for those expenses i�curred during the policy period beginning 24 hours a#ter the "loss" and ending with the earlier of the return or repair af the covered "auto", or the exhaustion of the cov�rage limit. C. Our paymant is limited ta the lesser of the following amo�ants: 1. Necessary and actual expenses incurred; or 2. $30 per day with a maximum of $900 in any one period. AC 84 07 91 47 OO 2017 Liberty Mutua� Insurance Page 7 of 10 lncludes copyrighted materiaf of Insurance 5ervices Office, Inc., wifh its permission. D. This coverage does not apply: 1. While ther� are spare or reserve "autos" available to you for your operations; or 2. If coverage is provided by another endorsement atkached io this policy. �. If a ca�ered '9oss" results from fhe total theft of a covered "auto" of the private passenger type, we will pay under this caverage only that amount of your rental reirnbursemenf exper�ses wi�ich is not already provided for under Paragraph A,4. Coverage �xtensions of SECTION Ill -- PHYSICAL DAMAGE COVERAGE of the Business Auto Co�erage Forrrt or Section VII vf this endorsement. XX. NOTICE O� CANCELLATION OR NONRENEWAL A. Paragraph A.Z. of the C014AMON POL.ICY CONDITIONS �s ci�anged to: 2. We tnay cancel or non-renew this policy by mailing written notice of cancelfation or non-renewal to the Named Insured, and to any narr�e(s) and acldress(esj shown in the Cancellatio� and Non-renewal 5chedule: a. For reasons of non-payment, the greater of: (1) 10 days; or (2) The num6er of days specified in any other Cancellation Condiiion 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 Cance[laiion and Non-renewal 5chedufe; or (3) The num�er of days specified in any other Cancellation Conditian attached to this policy, prior to the effective date of the cancellation or non-renewal. B. A[I other terms of Paragraph A. of the COMMOIV POLICY CON�ITIONS, and any amendrnents thereto, remain in full force and efFect. XXI. LOANILEASE PAYOFF COVERAGE The following is added to Paragraph C. Limits Of Insurance of SECTIOI� III - PHYSICAL DAMAGE COVERAGE: ]n th� event of a#otal "lass" fo a covered "auto" of the pri�ate passenger typ� shawn in #he schedule or declarations for which Collision and Comprehensive Co�erage apply, we will pay any unpaid arnount due on tf�e lease or loan for that co�ered "auto", less: 1. The amount paid ur�dar the PHY5ICAL DAMAGE COVERAGE S�CTION of the policy; and 2. An y: a. Overdue leaselloan payments af the time of the "[oss"; 6. �inancial penalties imposed under a lease for excessi�e use, abnarmal wear and tear or high mileage; c. Security deposits not returned by the lessor; d. Costs fvr extended warranties, Credit Life Insurance, Healih, Accident or Disability Insurance purchased wifh the loan or lease; and AC 84 07 �t�i �E7 02017 Liberty Mutuai Insurance Page 8 of 10 �ncludes copyrighted material of Insurance Services O�ce, Inc.� with i#s permission. e. Carry-over balances from previous foans or leases. This co�eraga is limited to a rnaximum of $1,500 for each cov�red "auto". XX�I.l.IM1TED MEXICO COVERAGE WARNING AlJTO ACC[DENTS [iV M�XICO ARE SUBJ�CT `f0 TH� LAWS OF MEXIC� ON�.Y - NOT TH� LAWS OF THE UNETED STATES OF' AM�RfCA. THE REP�Bl.IC OF MEXECO CONSID�RS ANY AUTO ACCIDENTA CRIMINAL OFFENSE AS WEL�. AS A CIVIL MA7`f'�R. IN 50ME CASES TME COVERAGE PROVIQED UND�R THIS �NQORSEMENT MAY NOT BE RECOGNIZ�D BY THE MEXICAN AUTHORITI�S AN[J WE MAY NOT BE ALLOWED TO IMPLEMEN7 7WIS COVERAGE AT ALL IN MEXICO. YO_U SHOU�D CONSIDER PURCHASING AU70 COVERAGE FROM A LICENSEQ MEXICAN fNSURANCE COMPANY B�FOR� DRIV]NG INTO MEXICO. TH15 ENDORS�M�NT DO�S NOT APPLY TO ACCiDENTS OR �OSSES WH1CH OCCUR BEYOND 25 MILES FROM THE BOUNDARY OF TH� UNITED STATES OF AMERICA. A. Coverage 1. F'aragraph B.7. of SECTION IV - BUSINESS AUTO CONDITIONS is amend�d by the addition of the following: The coverage territory is extended to include Mexico but only if all of the following criteria are �net: a. The "accidents" or "loss" occurs within 25 miles of the L1€�ited States border; and b. While on a irip into Mexico for 10 days or less. 2_ For coverage provided by th�s secfion af the endorsement, Paragraph B.5. Other lnsurance in SECTION IV - BUSINESS AUTO CONDITIONS is replac�d by the folEowing: The insurance pravided by this endorsement wiil fae excess over any other collectibfe ir�surance. B. Physical Datnage Coverage is amendecE 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 #he co�ered "auto" must be repaired in Maxica in arder to be driven, we will not pay more than the acfual cash value of such'9oss" at #he nearest United States point where the repairs can be made. C. Additional Exclusions The following additional exclusions are added: This insurance does not apply: 7, If the covered "auto" is no# principally garaged and principally used in the Uniied States. 2. To any "irosured" who is not a resident of the United States. XXlti. 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 cantract executed prior to the date of "accidenf', to waive rights of reco�ery against such person or organization. AC 84 07 11 17 O 2017 Liberty Mutual Insurance Page 9 of 10 Includes capyrighted material of insurance Services Office, Inc., with its permission. Schedule Premium L.iability Physical Damage Total Premium XVlll. Drive Other Car �,iAB MP UM U[M Name of IndividuaC XX. Notice of Cancellation or Nonrenewal i�ame and Address COMP COLL Number of Days AC 84 07 11 77 O 2D17 Lib�rty iVlutual Insurance Page 10 of 10 Includes copyrighted material of Insurance 5ervices Office, Inc., with its permission. TE3CAS WA#VER OF OUR RIGFiT TO RECOV�R FROM OTH�RS ENDORSEMENT This endorsement applies anly to the insurance provided by the policy because Texas is shown in ltem 3.A, of ihe lnformation Page. We ha�e the r+ghi to recover aur payments from anyone liable for an injury covered by this policy. We �uill not enforce our right against the persan or organization named in the SchEdule, but this waiverapplies only with resPect to bodily injury arising ouE of the operatior�s descri6ed in the 5chedule where yo� are required by a written co�tract to a6tain this waiver from us. This endorsemen# shall not operate direcily or indirectly to �enefii anyone not named in #he 5chedule. The premium for this endorsement is shown ir� the SChedule. i, ( ) Spe�ific Waiver Name of person or organization 5chedule (K) Blanket Waiver Any person or organization for whnm the Named �nsured has agreed by written contrac# to furnish this waiver. 2. Operatians: All Texas operat[ons 3. Premium: � The pre�nium charge for this endorsement shall be 2.0 perceht of the premium developed an payroll in con�ection with work pert'ormed for the above person(s) or organizaiion(s) arising out of the operations descri6ed. 4. Advance Premium: Issued by Liberty 11Autuaf Fire Ensurance Company16S8& For at#achment #o Policy No.WC2-Z91-a71905-010 EifecBve Date Premium � Issued to qean Electrical.lnc. WC 4� 03 04 B OO Copyrght 2�14 �falional Council on Compensation Insurance, Inc. Page 1 of 1 Ed.06l01f20K4 All Rights Reserved, STA�DARD GEIiTERAL CO1�TDZT�01\TS OF THE C4�TSTRUCTI01\T COI�TRACT CI`T'YOFFORT WORTI-I S'1'ANDARD CONST1iUC7TONSP�CIFICAI'ION DOCUMEN'1S Rev is ion: March 9, 2020 STANDARD GENERAL CONDZTZONS OF THE CONSTRUCTION CONTRACT TABLEOFCOl�TENTS Article 1— Definit�ons and Tez�inology ................................................................... i.l Defined Ternns ....................................................................................... 1.2 Terminology ........................................................................................... Page .......................... ] ..........................1 .......................... 6 ArticIe2— Preiiminary Matters ..................................................................................................................... 7 2.1 Co�ies of Documeni:s ................................................................................................................ 7 2.2 Commencement of Contract Time; Noiiceto Prroceed ...............•---...........................................7 2.3 Starting the Work ...................................................................................................................... 8 2.4 Before StartingCo�struction ....................................................................................................8 2.5 Preconstruction Conference ...................................................................•--................................8 2.6 Public Meeting .......................................................................................................................... 8 2.7 rnitial Acceptance of SchedUles ................................................................................................ 8 Article 3— Caniract Documen�: Intent, Amend ing, Reuse ................................................................•-•----.. 8 3.1 Inient .............•-------.................................................................................................. .... 8 3.2 Re�erer�ce Standards ................................................................................................................. 9 3.3 Reporting and Resolving Discrepancies .................................................................................... 9 3.4 Aznend ing and Supplementing Contract D ocuments .............................................................. X 0 3.5 Reuse of Documents ............................................................................................................... l a 3.6 Electronic Data ....................................................................................................................... � l Article 4— Availability of Lands; SubsurFace and 1'hysical Conditions; Hazardous Environmental Conditions; Referez�ce �'oints .......................................................................................................11 4.1 Availabiiity of La�ds ..............................................................................................................11 4.2 Subsurface and Playsical Conditions .......................................................................................12 4.3 Differing Subsu�£ace orFhysical Conditions ..........................................................................12 4.4 Underground Facilities ........................................................................................................... l 3 4.5 Reference Points .....................................................................................................................14 4.6 Hazardous Environmental Condition at Site ...........................................................................14 ArticIe 5— Bondsand Insurance ................................................................................................................. 16 5.1 Licensed Sureties and Insurers ................................................................................................16 5.2 �'erformance, Payment, and Maintenance Bonds .............................•--....................................lb S.3 Cert2iicates of Insurance .........................................................................................................16 5.�4 Contractor's Insurance ............................................................................................................18 S.5 Acceptance of Bonds and Insurance; Option io Replace .........................................................19 Artiele 6 — Contractor's Responsibilities ......................... 6.I SupervisionandSuperintendence ................ ...............................19 ...............................19 CITY OF FORT WORTH STANDARD CONSI'RUCTION SYF..CIFICATIOIV DOCUM[;I�ITS Revision: Ma�h 9, 2020 G.2 6.3 6.4 b.5 b.6 6.7 G.S 6.9 6.10 6.I1 b.12 b.13 6.14 6,15 6.16 6.17 6.I8 6.19 6.20 b.21 6.22 6.23 6.2� Labor; Wor�Cing Haurs ............................................................................................................2Q Services, Materials, and Equipinent ........................................................................................ 2Q ProjeciSchedule ......................................................................................•---........................... 21 Substituties and "Or-Equals" ................................................................................................... 21 Cancerning Subcontractors, Suppliers, and Others .................................................................24 WageRates ............................................................................................................................. ZS PatentFees and Royalties ....................................................................................................... 26 Permitsand Utilities ................................................................................................................ 27 Lawsand ReguIations ............................................................................................................. 27 Taxes....................................................................................................................................... 28 Use of Site and OtherAreas ....................................................................................................28 RecordDocuments .................................................................................................................29 Safetyand Protection .........................................................................................................•---.29 Safeiy Represen�ative ............................................................. Iiazard Communication Programs .......................................... Emergencies and/or Rectification ........................................... Subrniitals............................................................................... Continuing the Work .............................................................. Contractor's Generral Warranty and Guarantee ....................... Indemnification ...................................................................... Delegaiion of Professional Design Services ............................ Rightto Audit ......................................................................... N d' ' in tion ................................................ 30 ................................................ 30 ................................................ 30 ................................................ 31 oniscnm a ........................................................................ ArticIe 7 - Other�47ork attheSiie ........................................................... 7.1 ReIated Work at Site ........................................................... 7.2 Coordination ....................................................................... Article 8 - City's Responsibiliiies ....................................................................... 8.1 Cammunications io Contractor ....................................................... 8.2 Furnish Data ................................................................................... $.3 Pay When Due ........................................................... 8.4 Lands and Easements; Reports and Tests ................... 8.5 Change Orders ........................................................... 8.6 Inspections, Tests, and Appro�+als .............................. 8.7 Limiiations an City's R�sponsibilities ........................ 8.8 Undisclosed Hazardous Environmental Condition .... $.9 CompIia�ce with SafetyProgram ............................... .................... .................... .................... ........................................ 32 ........ ................................32 ...................................... 33 ........................................ 34 ........................................ 34 ........................................ 35 ..................... 35 ..................... 35 ..................... 36 ........................................ 3b ........................................ 36 ........................................ 36 ..............................•--•...... 36 .............................•-•----.... 36 � • .............................. 36 ............................... 36 ............................... 37 ............................... 37 ............................... 37 Article 9-- City's Observatioz� Status During Construction ........................................................................ 37 9.1 City'sProject Manager ...........................................................................................................37 9.2 Visitsto Site ............................................................................................................................37 9.3 Authorized Varriatzons in Work ...............................................................................................38 9.4 Rejeciing Defectzve Work ....................................................................................................... 38 9.5 Determinations for Wor� Performed ...................................................................................... 38 9.6 Decisions on Requirrezxaenis af Contract Docurnents and Acceptabilityof Work .....................38 CITY OP PORT WQRTH BTANDARD CONSTRUCTTON SPECIFICA7ION DOCUMCI�iTS Revision: ivlarch9, 2020 Article 10 — Changes in the Woric; Claims;Extra Worl� ......................................................... 1fl.1 Authorized Changes inthe Work ...........................•--......................................... 10.2 Unauthorized Changes in the V�ork .........................•--.......................---............. 103 �xecution of Change Orders .............................................................................. I0.4 Extra Work ........................................................................................................ lOS Natification to Surety ........................................................................................ 10.6 Coniract Cla'vns Process .................................................................................... ................. 3 8 ................. 38 ................. 39 ................. 39 ................. 39 ................. 39 ................. 40 Article 11— Cost of tlae Work; Allowances; Unit Price Work; Plans Quantity Measurement .....................41 I11 Cost of the Woz-k ..................................................................................................................... 41 112 Allowances ............................................................................................................................. 43 I13Unit Price Wor� ...................................................................................................................... 44 1 I.4 Plans Quantity Measurement .................................................................................................. 45 Article 12 — Change af Contract Price; Changeof Contract Time ............................................................... 46 12.1 Change ofContractPrice ........................................................................................................46 122 Change of ContractTu�ae ........................................................................................................ 47 123 Delays .....................................................................................................................................47 Articie 13 — Tests and Inspections; Correction, Rerz�oval or Acceptance of Defective Work ......................48 13.I Notice of De�ects .................................................................................................................... 48 132 Access to Work ....................................................................................................................... 48 133 Tests and Inspections .............................................................................................................. 48 134 Uncovering �ork ................................................................................................................... 49 13SCity May Stopthe Work .........................................................................................................49 13.6 Conrection ar Removal of Defeciive Work .............................................................................. SO 13.7 Cozrection Period .................................................................................................................... 50 13.$ Acceptance af Defecfive Work ............................................................................................... 51 13.9 City May CorrectDe%ctive Work ..........................................................................................51. Article 14 -� Payrnenis to Contractorand Completion ................................................................................. 52 i41Scheclule of Values ................................................................................................................. 52 142 Progress Payznents .................................................................................................................. 52 143 Contractor's Warra�nty of Title ................................................................................................ 54 14.4 Partial Utilization .................................................................................................................... 55 145 Final I nspection ...................................................................................................................... 55 14.6 Final Acceptance .................................................................................................................... 55 14.7 Final Payment ......................................................................................................................... 56 14.8 Final Com�letian Delayed and �'artial Retainage R�Iease .......................................................56 149 Waiver of Claims .................................................................................................................... 57 Article 15 — Suspension of Work and Tern�izxation ............................................................... 15.1 City May �uspend Work . ................................................................................. 152 City May T�rminatefar Cause .......................................................................... 153 City May TerminateFar Convenience .............................................................. Article 16 —Dispute Resolution ............................................................................................ 16.01 Metk�odsand Proc�dures .................................................................................. ..................... 57 ..................... 57 ..................... 58 ..................... 6a ..................... b 1 ..................... b 1 CITY OF FQRT' WORTH STANDATZ[7 CONSTRIJCTTOI� SPN;GIFICATI�IV DOCUMEt+1TS Rcvision: Ma�h 4, 2020 Article 17—Misceilaneous .................................................................................... 17.1 Givif�g Notice ................................................................................... 17.2 Computation of Tunes ....................................................................... 173 Curnulative Reinedies ....................................................................... 17.4 SuzvivaI of Obligalions ..................................................................... 17SHeaditags ........................................................................................... ................................ 62 ................................ 62 ................................ 62 ................................ 62 ................................ b3 ................................ 63 CITY OP FORT V1�ORTH STANDA.RD CONSTRUCI'iON SP�C1F1Ct1TJON DOCiIMII�1TS Revision: Ma�h 9, 2020 00 �a oo- � GENERAL CON�ITIONS Page 1 of63 ARTICLE 1— DEFINITIONS AND TERMYNOLOGY 1.1 Defined Terms A. Wherever used rn these Generral Conditions or in other Contract Docutnents, the terms listed below have the meanings indicated whzc� are appIicable to both the singular and pluraI thereof, and won�is denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in itaiics, but not always. When used in a context consistent with th� definition of a listed-ciefined term, the tezm shal� have a meaning as defined belo�c,v whether capitaiized or italicized or otherovise. In addition to terms specifically defined, terms vvith ini�ial capital lefiters in th� Contract Documents include references ta identified articles and paragraphs, and the titles of otner d ocuments orforms. 1. Acldenda Written or graphic instruments issued prior to the opening of Bids which clarify, conrect, or change the Bidding Requiremer�ts orthe proposed ContractDocurnents. 2. Agreement—The written instiument which is evidence of the agreerr�ent between City and Contiractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Cantractor during the course of ihe Wadc in requesting progress or final payments azad whicn is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. flsbestos Any material thai co�tains more tlian one percent asbes�os and is friable or is releasing asbestios fibers inio the air abave curreni action Ievels estabIished by the Unztecl States OccupatianaI Safety and HealthAdministration. 5. Award— Authorization�aythe Czty Council for the Cityto enter into an Agreement. 6. Bid—The offer or proposal of a Bidder subm�tted on �he prescribed form setting forth the prices fortha Work to beperfortned. 7. Bidder—The individual or entitywho subzz�its a Bid directlyto City. S. 13idding Documents—The Bidding Requirements and the proposed Contract Documetrts (incIuding all Adder�da). 9. .�3idding Requirements—The advettisement or Invitation io Bid, Insfiructions to Bidders, Bid security of acceptable form, iiany, and the Bid Formwitn any supplements. ] 0. Business Day — A business day is defined as a day that the Ciiy conduc�s normal business, generally Moz�d ay through rriday, except for federal or state holidays observed bythe City. � 1. Calendar Day— A d ay consisting of 24 hours measured from n�idzaight to the next midnight. CITY OF k'ORT WORTH STANDA �D GONSTRUCTION SP�CIFI CATIQN DOCUMEN'I� Revision: Ivlarch 9, 2020 oo7zoo-i GENERAL CONDIiIONS Page2 ofG3 12. Change Order—A document, which is prepared and approved by the Cily, whic�� is signed by Contractor and City and authorizes an addition, deletion, ar revision in the Work or an adjus�ment in the Contract Price or ihe Contract Tune, issued on ar afl:er the Effective Date of the Agreement. 13. City�— The City of Fort Worth, Texas, a horne�rule �nunicipal cozporation, authorized and chartere�l under the Texas State Siatute�, acting by iis governing body thz-ough its City Manager, his designee, or agents authorized under his behalf, eac� of which is required by Charter to pez�oz-m speciffc du�ies with responsibility for final enforcement of the cantracts invol�ing the City of Fart Worth is by Charter vested in the City Manager and is the entity vv�th whom Contractor has entered inta the Agreement and for �vhoin the Work is to be perforrr�ed . 14. City Atlo�ney — The officially appoiu�ted City Attorney of the City of Fott Worih, Texas, or his dUly authorized representaiive. 15. City Council � Tl�e duly elected and qua�ified governing body of the Ciiy af Fo� Worth, Texas. 16. City Manager — The officially appoinied and authorrzzed City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 17. Cont�act Clairn—A demand or assertion by City ar Contractor seeking an adjus�ment of Contract Price or Contract Time, or bath, or other relief wiih respect to the terms of the Contrract. A demand for moneyor services by athird party is not a Contract Claun. 18. Cont�act—The entire and integrated writie� docutnent betwee� the City and Coni:racfior concerr�ing the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior zaegatiations, representations, or agreements, �vhether writte� or oral. 19. Contract Docurnents—Those items so designated in the Agreement. .�.11 items Iisted in the Agreemeni are Contract Documents. Approved Submittals, otiher Contrractor submittals, and the reports azad drawings af subsuriace and physicaI conditions are not Contraci Documents. 20. Cont�act Price—The txioneys payable by City to Contract�r for completion of the Work ix� acco�lance vvith the Contraci Documents as stated in the Agreement (subject to the p�visions of Paragraph 11.03 in the case of UnitPrice Work). 21. Contraci Time The nurtiber of day,s or the dates stated in the Agreerneni to: (i) achieve Milestones, if any and (ii) complete the Wor�C sa that it is ready for FinaI Acceptance. 22. Contractor—The ind ividual or entity with whotxz City has entered into the Agreement. 23. Cost of the Work—See Paragraph 11.01 of iheseGeneral Conditions for definition. C1TY OP FORT WORTH STAI�DAT217 CONSTRUCTTON SPECIPICAT[ON DOCUM�iNTS Revision: Ma�h 9, 202D 00 72 00 - 1 GEN�RAL GONDITIqNS Yage 3 of53 24. Dan�age Claams — A demand for money or services arising from the Project or Site froin a thzrd party, City or Contractor excIusive of a Contract Claim. 25. Day or day— A day, unless otl�erwise defined, shall mean a CaIendarDay. 26. Director ofAviation — The officially appointed Director of the Av�ation Departmeni of the City of T�ort Worth, Texas, or his duly appointed represeniative, asszstant, a�� agenls. 27. Directo� of Pctt�l�s and Community Services — The officially appointed Direc�or of the Parks and Community S�rvices Department of the City of Fort Worti�, Te�as, or his duly appointod representative, assistant, or agents. 28. Director of Planning and Development — The officialIy appointed Director of the Planning and Development Depar�inent of the Ciiy of �'ort Wo�th, Texas, or his duly appointed representative, assistant, or agents. 29. Director of T�ansportation Public Wo�ks — The oificially appointed Director of the Transportation Public VVorks Department of the City of �'orl Worth, Texas, or his duly appointed representative, assistant, or agenis. 30. Director of Water DepA�tment — The officially a}apointed Director of the Water Department of the Ciiy af Fort Worth, Texas, or his dul� appoit�ied representative, assistant, or agents. 31. D�awings—That part of the Contract Documents preparod or approved by Engineer which graphically shows the scope, extent, and character of th� Work to be performed by Coniractar. 5ubmittaIs are not Drawings as so defined. 32. Ef�'ective Date of the Ag�^eement—The date indicated in the Agreement on which ii becomes effective, but if no such date is indicatecl, it meansthe date onwhich ihe Agreement is signcd and d elivered by ihe last of the two parties to sign and deliver. 33. Engineer The licensed prafessional engineer or engineering fi�rzn xegistered in the State of Texas performing professianal services %r the City. 34. ExtNa Work — Additional wor� made necessary by changes or alterations o� ihe Contract D ocuments or of quantities or for oiher reasons for which no prices are provid ed in �he Contract Doc�ments. Extravvork shall be part of tne Work. 35. Field Orde� -- A written order issued by City which requ�-es changes in the Work but w�ich does no� invalve a change in the Coniraci Price, Cornract Time, ar the intent of the Engin�eer. Field C3iders are paid from Fie1d Order Allowances incorporated into the Contract by funded worktype at the tim� of award. 36. Final Acceptance — The written notice given by the City to the Contractor thai the Work specified in the Contract Documents has been co�x�pleted to the satisfaciion of the City. GITY OF FOKT WOR1"I-I STANDARD CONSTR1UCTfOAI SPECIITCATTON DOCUMENTS Revisipn: March 9, 2020 oo�zao-a G�.N�RAL CONDI710NS Page4 ofG3 37, Final Inspection — Inspection carried out by the City to verify that the Contractor has coinpleted the Woi•k, and each and every part or app�artenance thereof, fully, entireiy, and in conforinance with the Contract Documents. 38. GeneralRequirements—SectionsofDivision 1 oithe ContractDocuments. 39. Hazardous Envirorrmental Condition—Tlae presence at �he Site oi Asbestos, PCBs, Petroleuzn, Hazar�ious Waste, Radioactive Maierial, ar ather materials in such quantrties or circumsiances that r�x�ay present a substantiaI d a�ger to persons or properly exposed thereto. 4a. Haza�dous Wcrste Hazaz�lous waste is defined as ar�y solid waste listed as haza�ilous or possesses one or more haza.�rtous characteristics as defined in the federa� waste regulations, as amend ed from time to time. 41. Laws and Regulatians Any and a11 applicable Iaws, rules, regulatzons, oxdi�aances, cocles, and on�iers of any and all governmental bodies, agencies, authorities, and coUrts having jurisd iction. 42. Liens—Charges, security interests, or encumbrances Upon Project funds, real properfy, or personal properly. �43. Majar Itetn — An Item oi work incIuded in the Contract Docurrzents ihat has a ioial cost equal to or greater than 5% of the ori�inal Contract Price or $25,000 whichev�r is Iess. 44. Milestone A pri�cipal event specified in the Contract Docurnents re�ating to an intermediate Coniract Time priar to Final Acceptance of the Work. 45. Notice of Award—The wriEten notice by City to the Successful Bidder staiing that upon titnely compliane� by the Success�ul Bzdder with the conditions precedent listed therein, City will sign and deliver the Agreezne�t. 46. Notice to P�oceed A written z�otice given by City to Contractor iixing the date on which the Contract Titne will comu�zence to run a�d on which Contractor shall starl to perForm the Work specified in Contract Docuzxzents. 47. PCBs Polychlorinated biphenyls. 48. Petroleum Petroleum, including erude oiI or any fraction thereof which is liquid at standazd conditions of temperature and pressure (6Q degrees Fahrenheit and i4.7 pounds per square inch absolute}, such as oil, petroIeum, fuel oil, oiI s�udge, oiI refuse, gasoIine, kerosene, and oiI m�ed with other non-Hazard ous Waste and crude oils. 49. Plans— See definition o�Drawings. CITY OF FORT WORTH STANDARD CONSTRUCITOAI SPECIFTCATI ON pOCU]vIE:NTS Revision: Ma�h 9, 2020 oo�zao-i GEIVERAL CONDITIOIVS Page 5 of63 50. P�oject S'chedule A schedule, prepared and inazntained by Contractor, in accordance with the GeneraI Requirements, describing the sequence and duxation of �he activities comprisir�g the Contractor's plan to aceomplish the Work within the Contract Time. S1. Projecl The Workto be performed underthe ConiractDocuzaaents. 52. Project Manager—The authorized representative of the City who will be assigned to the Site. 53. Public Meeting — An announced meeting conducted by the Ciiy to facilziate p�bIic partzcipation and to assist the public in gaining an informed v iew of the Project. 54. Radioactive MateNial—So�rce, special n�clear, or byproduct material as defined by ihe Atomic Energy Act of 1954 {42 USC Sectian 2Q11 et seq.) as amended from time to time. 55. Regular Wo�king Hour^s -- Hours beginning at 7:00 a.m. and ending aE 6:40 p.m., Monday thru Friday (excluciing legalholidays}. 56. Samples PhysicaI examples of materials, equzptxaent, or woticmanship that are representa#ive of some poriion of the Work and whzch establish the standa�is by which sucl� portion of the Work will be judged. 57. Schedule of Submittals A schedule, prepared and maintaiz�ed by Contractor, of required submittals and the time requiremerfts to suppot� scheduleci pezformance of related construction activities. 58. Schedule of Values A schedule, prepared and rnaintained by Contractar, aDoca�ing portions of the Contraci Price to various pottions of the Work and used as the basis for reviewing Contracior's Applications %r Payment. 59. ,5'ite—Lands or areas indicated in the Contract Documents as 6eing fuzxaished by City upan whzch tbe Wark is to be per£ormed, including rignts-of way, pertnits, and easenaents �or access thereto, and such otherlands furnished byCitywhich are designated forriheuse of Contractor. 60. Specrfications—That part of the Corrtract Documents consisting of written requirements forr materials, equipment, systems, standarris and workmanship as applied to the Work, and certain administrative rec�ui�ezxzents and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, inay be incoxporated by reference as ind'zcaied in the Table of Contents (Division 00 04 00) of each Proj�ct. 6I. Subcontf-acto� An individual or entzty �aving a direct contract with Contrac#or or with any other Subcontracior for the performance of a part of the Work at the �ite. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATIOIV DOCUMQ�ITS Rev is ion: Matnh9, 2020 007200-I G EN�FZAL Cq NDITIOi�1S Yage 6 of 63 62. Submitlals AIl drawings, diagrams, illustrations, schedules, and other data or infonnation which are specifically prepared or asseinbled by or �or Contractor and submified by Contractor to illustrate some portion of the Worl�. 63. Suecessful Bidde� The Bidder submitting the lowest and mast responsive Bid io whom City nr�akes an Award. b4. Superintendent — The representa�ive of the Contractor who is available a� all times and able to receive instructians fromthe Cityand to ac# forthe Contractor. 65, Supplenaenia�y Canditions—That part af the Contract Docuzx�e�ts which amends or suppleinenis ihese General Conditions. b6. Supplie� A manufacturer, fabricator, supplier, distributor, materialman, or vez�dor having a direct cor�tract r�vith Contractor or with any Subcontractor to furnish maierials or eyuipmerrt to be incorporated �n ihe Work by Contractar or Subcontractor. 67. Underground Facilities A11 underground pipelines, conduits, ducts, cai�les, wires, manholes, vaults, tanks, tunnels, or other such faciIities or attacl�ments, and any encasements cantaining such facilities, including but noi linnited to, those that convey eleciricity, gases, steam, liquid petroleUm producis, ielephone oz other communications, cable television, water, wastewater, storm water, other liquids or chemicaIs, or tra�fic or other control systeins. b8 Unit Price Work—See Paragraph 11.03 of these Generral Conditions for definition. 69. Weekend Working Hours — Hours beginning at 9:00 a.zn. and ending at 5:00 p.�n., Satutrlay, Sundayor legal holiday, as appraved in advancebythe Ciiy. 70. Work The e�tire canstn�ction or the various separately idezaii�£iable parts thereoi required to be providoci under the Contract Documents. Work includes and is the result of per%rming or providing all labor, set-vices, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishi_t�g, installing, and inco�porating all materials and equipment into such construction, aII as requi�red by the Contract Docu�nents. 71. Wo�king Dcty — A wor�i�g day is defined as a day, not including Saiuz�lays, Sundays, or legal holidays authorizad by the City for contract purposes, in vvhich weather ox other conditions not under the control of tk�e Corrtractor will permit the perfonnance of ihe principal unit of work underway for a contivauaus period oinot less ihan 7 hours between 7 a.m. and 6 p.m. 1.2 Terminology A. The words and terms discussed in Paragraph 1.02.B ihrough E are not defined but, when used in the Bidding R�c�uirernents or Contract Documents, have the indicated meaning. B. Intent af CeNtain Terms orAdjectives: CITY OF �'Oi2T WORTH STANDARl7 CONSTRUC'iION SPECIkICA'I`ION DQCT IMCiVTS Revision: Ma�h9, 2020 DO 72 (}0- 1 GENERAL CONDITIONS nage 7 of 63 1. The Contract Documents include the tert�s "as allowed," "as approved?" "as omlered�" "a5 directed" or terms of like effect or itnporl to authorize az� exerc�se of judgment by City. In addition, the adjectives "reasonable," "suitable," "accepiable," "proper," "satisEactory," or adjectives of like effect or import are used to describe an actioz� o�•determinatian of City asto the Work. It is intended that such exercise of professional judgzz�ent, actian, ar deterininaiion will be solely to evaluale, in general, the Work for compliance with the �fortx�a�tion zn the Contract Documents and with fihe design concept of the Projeci as a functioniz�g wh�oIe as shown or indicated in the Contract Documents (unless there is a specific statement indicativag otherwise}. C. Defective: The word "defective," whe� modifying the wotri "Wark," refers to Work that �s unsatisfactory, faulty, or deficient in that it: a. does not confonn to the Contract Documents; or b. does not meet the requirements of any applicable z�spectian, reference standard, test, or approval referred to in the Contract Documents;orr c. has been damaged priorto City'swrittenacceptance. D. Furnish, Install, Pe�fo�m, Provide: l. The ward "Furnish" or th� wo�i "InstalI" or the vvotrl "Pez%rr�aa" or the word "Pt�ovide" or the wo�zi "Supply," or any combinat�on or sunilar direciive ox usage thereof, shall mean furnishing and incorporating in the Work including all necessa�ry laboz-, z�aterials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the cor�text used. E. Unless stated atherwise in the Contract Documenis, won�is or phrases that have a well�known tech;nical or construction industry or trade meaning are used in the Contract Documents iza accordaz�ce with such recognized meaning. ARTICLE � -- PRELIMINARY MATTERS 2.1 Copies of Documents City snall furnish to Contractor one (1) origi�al executed copy and one {1} electronic copy of the Contract Documents, and four {4) additional copies af the Drawings. Additional copies will be iurnish�d upon request at the cost of reproduction. 2,2 Commence�nentofCont�-actTirne; Notice toProceed The Contract Time will cornmence to run on the day in.d'zcated in the Notice to Proceed. A Notice fio Proceed may be given no earlier than 14 d ays after the Effective Date of the Agreeinent, unless agreed to by both parties in writing. CITY OF FORT WOR'I'I-I STANDARD CONSI'RUCTIO�I SPECIFICATI�IV DOCUMIIVTS Revision: March 9. 2020 D07200-1 GENERAL CONDlTlONS Page 8 of 63 2, 3 Starting the Work Contracior shall start to perform the Work on the date when the Contract Tim� corr�mences to run. No Work shali be dane at the Site prior to the date on which tl�e Contract Tinne commences to run. Z. 4 Before Starting Const�uction Baseline Schedules.• Submit in accordance �c�vith the Contract Documents, and prior to startix�g the Work. 2.5 P�econstruction Conference Before any Work at the Site is started, the Contractor shall attend a l'reconstruction Conference as specified in tne Contract Documents. 2.6 PuglicMeeting Contractor rnay not inobilize a�y equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. .2. 7 Initial Acceptance of Schedules No pz-ogress payinent shaIl be made to Coniractor until acceptable schedules are submitted to City in accord ance wi1:h the Sched ule Specification as pzovided in the Contract Documents. ARTICLE 3— CONTRACT DOCUMENTS: �NTENT, ANI�NDING, REUSE 3.1 Intent A. 1'he Cont�•act Documents are complernentary; what is required by one is as binding as if requized by all. B. It is the intent of the Contract Documents to describe a iunctionally corr�pleie projeci {or pa� thereo� to be constructed in accan�iance with the Contract Docum�nts. Any labor, documentatzon, services, materzals, or equipment that reasor�ably may be inferred from the Contract Documents or from prevazIiz�g custam or trade usage as being requzred to produce the indicated resulti wilI be provided whether or nat speciiically called for, at no addztional cost to City. C. Clarifications and iurterpretations o�the Contract Docurxzents shall be issued by City. D, The Specifications may vary in �orm, format and style. Some Specificatian sections may be wriiien in varying degrees of streamlined or declarative style and sozne sections may be relativeIy na�ative by comparison. Ozx�issian oi such wo�is and phrases as "the Contractor shall," "in COri�OT'ri7Ity W1t11," "a5 SilOW17," OP "aS S�l�C1f1OCj" aPe intentional lCl Sl:PeaTT111riOCl S�Ct10115. Omiited words and �hrases shaii be supplied by in#'erence. Similartypes af provisions may appear in various parts of a section or articles within a part d epending on the format of the C1TY" OF FORT WORTH STANDARD CONSTRUC'I'IONSPECIFTCAT10iV bOCiJMEN'IS Kevision: Ma►ch9, 2020 oo�zoo-� GEIVERAL CON[JITiONS Fagc 9 of63 section. The Contractor shall not ta�e advantage of any variation of form, format or style in z-naking Contract Claims. E. T�ae cross re%rencing of specification sections under #he subparagraph heading "Related Sections include but are nat necessarily Ii�mited to:" and elsevvhere with:it� each Specificaiion sect�on is provided as an aid and convenience to the Contractor. The Contraciox shall not rely on the cross referencing provided and shall be respoz�sible to coo�Iinaie the entire Work under the Contract Documents and provide a complete Prroject whether or not the cross referencing is provided in: each section or whether or noti the cross referencing is complete. 3.2 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standan�s, specifications, manUais, or codes of any technical society, organization, or associaiion, or to Laws ar Regulafiions, whether such reference be specific ar by impl ication, shaIl mean the standa�el, specification, manual, code, or Laws or Regulations in effecf: ai ihe tirrie oi op�ning of Bids {or on tk�e Cffective Date of ihe Agreezxient if there wer� no Bids), except as may be othert�vise specificaIIy stated in the Contract Docuznents. 2. No provision of any such siandaz�3, specification, rnanual, or code, or any instructior� of a Supplier, shall be effective to cha�ge the duties ar responsibilities of City, Contractor, or any of iheir subcontractors, consultants, agenis, ar employees, from those set forth in the Contract Documerrts. No such provision or instzuction shall be effective to assign to City, or any of its officers, directors, members, patiners, employees, agents, consultants, or subcontractors, any duty or authority ta supervise or direct t�e perFormance af the Wor� or a�y duty or authority to und ertake responsibility inconsistent with the provisions of the Contract Documents. 3,3 ReportingandResolvingDisc�eparacies r�. Reporting Discrepancies: Contr^ac�o�'s 12eview of Contract Dacufnents I3efore Sta�ting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Docurnents ard check and verzfy pertineni figures therein agaiu�st all applicable fieId measurements and condiiions. Contrractor shall promptly report in w�ting to City any conflict, errar, ambiguity, or discrepancy whzch Cantractor discovers, or has actual knowledge of, and shalI obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Coniractor's Review of Contract Documents Dur�ing Perfornaance of Work. If, during the performance of the Work, Contractor discovers any conflici, error, am�iguity, or discrepancy within the Contract Docunaents, or betw�en the Contract Documents and (a) any applicable Law or ReguIation ,(b} any standard, specification, manual, or code, or (c} any �nstruction of any Supplier, then Contractor s�all promptly repart it to City ita writing. Contractor shal� not proceed with the Work affecied thereby (except in an emergency as required by Paragra�h CiTY OF FORT 'IrVORTH STANDARD CONSTRUCTIOI� SY�CIkTGATT�IV DOCUM13idTS Revis ion: Ma�h 4, 2D20 00 7200- 1 GEiVERALCONdITIONS Page 10 ofb3 6.17.A} until an ainendment or supple�nent to fihe Contract Documents has been issued by one of�he 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 Docunaents unless Contractorhad actual I�nowledg�ihereof. B. Resolving Discrepancies: ]. Excep� as inay be otherwise specifically stated i� the Contract Documents, the provisions of the Contract Doc��rnents shaII take precedence i�ta resolving any conflict, error, air�biguity, or discrepancy between the provisions of the Contraci Documents and the provisions of any stand atri, specification, manual, or the instruction of any Supp�ier (whether or nat specifica�ly incorporrated by reference in the Contract Documents). 2. In case of dzscrepancies, figured dimensions shall govern over scaled dimensions, Plans shaIl govern over Specifications, Supplementary Condrtions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govez-� over those shown in the proposal. 3.4 Amending and Supplementing ContractDocuments A. The Contract Documents may be amended to provide for a�ddi�ions, deleiions, ar�d revisions in the Work or to modify ihe terms and conditionsthereof by a Change Order. B. 'The requirements of the Contract Docuznents may be supplemenied, and minor varzatzoz�s and daviations in the Work not invofving a change in Contract Price or Contract Time, naay be auihorized, by one or more af the folIowzz�g ways: 1. A Field Order; 2. City's review of a SubmittaI (subjecti to the pxovisions of 1'aragraph 6.1 S.C}; or 3. Czty's written interpretation or clarification. 3.S Reuse of Documents A. Contractorr and any Subcontractor or Sup�lier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies af any thereo� prepared by or bearing the seal of Engineer, includ ing electronic media ed itions; or 2. reuse any such Drawings, Specifications, other documents, or copies tlaereof on extensions of the Projecti ar any other project wiihout written conseni of City and specifzc written veri�ication or ad aptation by Engineer. CTTY OF FORT WORTI� STANiJARD CDNSTRUCTiONSPECIFTCAT10Id bOCCJ]vfENTS ltev is ion: Marclt 9, 2020 00 �a oo- � GENERALCONDITIONS Pagc 11 of63 B, The prohibitions of this Paragraph 3.05 will survive final payrrient, or terrxiination of lhe Contracfi. Nothing herein shall preclnde Contractor from retai�ing copies of tk�e Contract Documents forrecord purpases. 3. 6 Electranic Data A. Unless otherwise stated in the Suppl�me�tary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that naay be relied upon are iimited to the printed copies ir�cluded in the Contract Documents (aIso known as hard copies} and other Specificaiions referenced and located on the City's on-Iine electranic document r�anagemeni and coIlaboration system siie. Files in electronic media format of text, data, graphics, or other types are furnis�ed only for the convenience of the receiving paz-ty. Any conclusion or information obtained or derived from such electronic files will be at ihe user's so le ris�. �� there is a d iscrepancy between the electronic files azad the hard copies, the hard copies govern. B. When transferring documents izi electronic media format, the transfez�ring party makes no representaiions as to long term coznpatibility, usability, or readabiliiy of clocuznents resulting from the use of soflware application packages, operatfng systems, or computer hardware differin� from those used by the data's creator. ARTICLE 4—AVAYLAE�LITY OF LANDS; SUBSUR�'ACE AND PHYSICAL CONDIT�ONS; HAZARDOUS ENV7RONMENTAL CONDITIONS; REFERENCE POINTS 4.1 14vailability of Lands A. City s�all f�rnish the Site. City shall noiify Contractor of any encumbrances or restrictions nat of generral application but specifically relatied to use of the Site with which Contractor must coz-tzply in pert�orrt�►ing the Work. City wiIl obtain in a tiix�ely manner and pay for easements for pezxnanent siructures oxpez7manent changes in existing facilities. 1. The City has obtained or anticipates acc�uisition of and/or access to righi-of way, and/or easements. Any outstanding right�of�way and/or easemenis are anticipated to be acquired in accor�lance wiih the schedule set forth in the Supplezzaentary Conditions. The Project Schedule su�rnitted by the Contractor in accordance with the Contract Documents must consider any ouistanding right-of way, and/or easements. 2. The City has or anticipates removing and/or relocating utiIzties, and obsttuctians to the Site. Any ouistanding rernoval or relocation of utilities or obstructions is anticipated in acco�iance with th� schedule set forth in the Supplementary CondiEions. The Project Schedule submitted by the Coniractor in accordance with the Contract Documents must conszder any outstanding utilities or obstructions io be remaved, adjusted, and/or relocated byothers. B. U�on reasonable written request, City shall furnish Contractor vvith a cuzx�ent statement of reconl legal ti�le and Iegal descri�tion ofthe lands upon which the Wark is to be pez-,fo�ned. CITY OF FO1tT WORTH STANDA.R17 COI+ISTRUCTION SPFCIFIGATION DOCUMEN"1'S Revision: Ma�h 9, 2020 047200- 1 GEN�RALCONDI710NS k'age 12 ofb3 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materia�s and equipment. 9.2 Subsu�face and Physical Conditions A. ReportsandD�cnvings: The Supplementary Conditionsidentify: those reports known fio City of explorations and tests of subsurFace conditions at or co�tiguous ta the Sile; and 2. ihose drawings known to City of physical conditions relating to existing suriace or subsurface structures at the Site {except Underground racilities}. B. Limited Reliance by ContractoY on Technical Daia fluthorized.� Co�rtractor may rreIy upon the accuracy of the "technicai data" contained in such reports and drawings, but such reports and drav�rings are not Contract Documents. Such "technical data" is identified in the Supplez�nentary Condiiions. Contracior may not zaaake any Contract CIaiin against City, or any of their officers, directors, members, partners, empIoyees, agents, consultants, or subcontractors with respect to: I. the completeness of such reports and dz�awings for Co�tractor's purposes, includ ing, but not limited to, any aspects of the means, zxzethods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2, other data, infierpretations, opinions, and infortnation contained in such repo�ts or showr� 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. 4.3 D�e�ing SubsuYface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical cond ition that is uncovered or revealed eiiher: l. is of such a nature as to establish that any "technical daia" on which Contractor is entit�ed to rely as provided in Paragraph4.02 is mat�rially inaccurate; or 2. is of such a nature as to require a change in the Contract Docurnents; or 3. d iffers materially from that shown or ind icated in the Contraci Documents; or 4. is of an unusual naiure, and d�ffers rrtaterially irom conditions ordinarily encountered and generally recognized as inh.ere�t in work of the character provided for in the Contract D ocuments; CITY OF FORT WORTI� STANDARD CONSTRUC'I'IOi*I SPECIFICATIOi�i DOCUMENTS Re�ision: March9, 2020 OQ720D-1 G�NEF2ALCOlVDITIONS Page 13 of 63 then Contrracior shal�, prompily after becoming aware thereof and before further disturbing ihe subsurface oz physicaJ co�ditions ar perForming any Work in connection therevvith {e�cept in an emergency as required by Parag�aph 6.17.A), notify City in writing about such candition. B, Possil�lePrice andTirneAdjustnzents Contractor shall not be entitiled to any adjustment iaa the Contract Price or Contract Time if: Contractor knew of the e�is�ence of such conditions at the fime Contractor made a final commitment io City with respect to Contract Prrice and Contract Time by the submissian of a Bid ar becoming bound underanegotiated coniract;or 2, the exisfience oi such condition could reasonably have been discoverred oz reveaied as a result af the examination of fihe Contract Documents or the Site; or 3. Contractor failed to give the writt�n notice as required Iay Paragraph 4.03.A. 4.4 UndergYound Facilities A. Shown o� Indicated.• The information and data shown or indicated in the ContracC Documents �c�vith respect to �xisting Und ergraund Facili�ies at or contiguous to the S ite is based on infonnation and data furnished to Czty or Cngineer by the own�rs of such Uttderground Facilities, including Cit�, or by others. Unless it is otherwise expressly provided in the Supplementary Cond itions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such inforination or data provided by others; and 2. the cost of al3 of the follovving wilI be i�t�cluded in the Contract 1'rice, and Contractor shaII hav� full responsibility for: a. reviewing and checking all such inforax�atzo� and data; b. locating all Und�rgrour�d FaciIities shown or it�dicated in the Cantract Documenls; c. coordination and adjustment of the Work with the owners of such Underground �'acilities, including City, durin�construction; and d, the safety and protection of all such Uncierground FaczIities and repairing any damage thez-eta resulting from the Work. B. Not Shown or Indicated.• 1. If an Underground F'acility which conflicts with the Work is uncovered or revealed at or contiguous io tHe Site which was not shown or indicated, or not shown orr indicated with reasonable accuracy in the Co�rtract Documents, Contractor shatI, promptly after becoming avvare thereof arzd be�ore further disturbing conditions affecfed thereby orperforming any CITY OF FORT WORTH STANDARD CONSTKUCTIONSPECIFICA'�TON DOCUMLTITS Revision: Ma�h 9, 2020 aonoo-i GENERAL CONDIiIONS Page 14 of 63 Woxk in connection therewith {except in an emergency as reyu ired by Paragraph 6.17.A), identi�y the owne�• of such Underground Facility and give notice to that owner and ta City. City will review the discovered Underground Facilitiy and deiez�rniz�e the extent, if any, to which a change may be required in th� Contract Docuinents to reflect and document the consequezaces of ihe existence or location of the Underground Faciliiy. Contractor shall be responsible for the safety and pzatection of such discoverec� Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change O�ler may be issued to reflect and document such consequences. Verificatinn of e�isting utilities, s�ructure�, and service lines shaII include notification of aIi utiIity companies a minimum of 48 hours in advance of constriaction including expIoz-atory excavation if necessary. 4.5 RefeYencePoints A. City shall provide engineerir�g surveys to establish re�erence points for cons�naction, which in Ciiy's judgzner►t are necessary to enable Contractor to proceed with the Work. City will provide construction stakes ar ather customary method of marl�ing to establish line and grades fior roadway and utility coz�struction, centerlines and benchmar�Cs for bridgewor�. Contractor shall protect and preserve the esiablished reference points and property monuments, atxd shall make no changes or relocations. Contractar shall report to City whenever an� reference poini or property mon�.unent is lost or destroyed or requires reIocation because of necessary changes in g7rades or locations. The City shall be respo�zsible for the replacement or relocation of reference points or property rnonuments not carrclessly or wiIlfully destrayed by ihe Contractor. The Contxactar shali notiiy Ciiy in advance and wit� sufficienttime to avoid delays. B. Whenever, in the opivaioz� o� the City, any r�ference point or inonument has been carelessly or willful�y d es�ro�ed, distnrbe�, or removed by the Contractor or any of his empIoyees, ihe fulI cost �or r�placing such points plus 25% wi11 be charged against the Co�tractor, and the full atxaount will be deducted frotnpayme�t due the Contractor. 4, S Hazardous Environmenial Condition atSite A. Reparts crnd Drcnvings: The Supplementary Conditions identify those reports and drawings knowt� to City reIating to Hazardous Environmentai Conditions that have been identified at theSite. B. Lirrtited Reliance by Cont�acto�^ on Technical Data Authorized: Contractar may rely upon the accuracy of the "technical data" corrtained in such reports and drawings, but such reports and drawi�t�gs are not Contract Documerrts. Such "technzcal data" is identif'ied in the Supplementary Condrtions. Cantractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, con,sultants, ar subcontractors with respect to: I. the completeness oi such reports and drawings forr Cantractor's putposes, including, but not limited to, any aspects oi tl�e means, methods, techniques, sequences and procedures of CITY QF FORT WORTI-T S7'ANDARD CONSTRUC 110I+ISPECIFTCATION DOCUN[ENTS Itev is ion: March 9, 2020 00 72 00 - 1 G�N�RALCaNDITIONS k'age 15 of63 constnaction to be employed by Cozziractoa-and safety precautions and programs incident thereto;or 2. other data, interpretaiior�s, apinions and info�ation contained in such reports ar sho�n or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drarvn from any "technical data" or any such oil�er d ata, interpretations, opinions or informatiion. C. Contracior shall not be responsible for any Hazardous Enviro�zxaental Condition uncovered or rev�aIed at the Site which was not shown or indicated i� Drawings or Specifications or identifiod in ihe Contract Documents to be within the scope of ihe Wark. Contractor sk�all be responsible for a Haza�ious Environax�enta� Condition created with any materials brought io the Site by Con�ractor, Subconiractars, Suppliers, oranyone else for whom Contractor is resporzsible. D. If Contractor encounters a Hazazrlaus Envirorunental Condition or if Contractor orr az�yone for wham Contiractor is responsihle creates a Haza�ious Environmental Condition, Coniractor shall immediately: {i) secure or otherwise isolate s�ach condition; (ii) stop all Work in connection with such condrtion and in any area affected thereby {except in an emergency as required by Paragraph 6.1'�.A); and (iii) notify City (and pramptly thereafter confifm such notice in wrhing). City may consider the necessity io retain a quaiified expert ta evalua�e such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connec#ion with such cond�tion or in any affected area un�il after Cityhas obta�ned anyrequired pe�•mits reIated thereto and delivered wriiien notice to Contractor: (i) specifying thal such conditzon and any affecfied area is or has been rendered suilabie %r th� resurnption of Work; or {ii} specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Coniractor does not agree io resurne such Work based an a reasonable belief it is unsa%, or does noi agree to resume such Work under such special conditions, then Czty xnay atder the portion of the Work that is �n ihe area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work perforrned by City's own forces or others. G. To the fullest extent peYmitted by Lativs and Regulations, Contracto� shall indemn� and hold harmless City, ,frona and against all claims, costs, losses, and da�rtcages (including but not limited to all fees and charges of engineers, architects, attorneys, and othe� professionals and all cou�t or arbitrcation or other dispute resolution costs} rxrising out of or relating to a Hazardous Envaronjnental Condition createcl by Contracto� o� by anyone for whom Contt�actor is responsilale. Nothing in this Par�ag�aph 4.06.G shall obligate Contr^actor to indernn� any individual o� entity from and against the consequences of thrxt individual's or entily's own negligence. H. The provisions of Paragrapi�s 4.02, 4.03, and 4.04 do not apply to a Haza�laus Env:�onczaezatal Condition uncovered or revealed at the Site. CI'f'Y OF FORT WORTH STANDARD CONSI'RUC'1�ONSPECIFICATT�IV DOCiJM��1TS Iievision: March9,2020 007200-1 GENERAL CONb1710N5 Page 1G of63 ARTICLE 5 -- BONDS AND �N�URANCE S.1 Licensed Sureties and InsureYs All bonc�s and insurance rreguized by the Contract Docurnei�ts to be purchased and maintained by Contractor shall be obtained frozxz surety or insurance companies thai are duly licensed or authorized in the State of Texas to issue bonds orr insurance policies for the limiis and coverages so required. Such surety and insurance companies shall aIso �neet such additional requirements and qualifications as rriay be provided inthe Supplementa�ry Conditions. 5.2 PerfaYmcrnce, Payment, and Maintenance I3ands A. Contractor shall furnish performance and payax�ent bonds, in accordance with Texas Governmer� Code Chapter 2253 or successor s�aiute, each in an amount equal to the Contract Price as securzty for ihe faithful perFormance and payment of all of Contractor's obIigations under the Contract Documents. B. Contractor shall fuzxaish maintenance bonds in an amount eyual to the Contract Price as security to proieci the City against any defects in any portion of the Work described in the Contraci Dacuments. Maintenarzce bands shall remain in effect for iwo (2) years after the date of Final Acceptance by the Czty. C. All bonds shall be in the fortn pxescribed by the Contract Docuinents except as provided othen�vise by Laws or Regulations, and shaII be executed by such sureties as are na.rned in the Iist of "Companies Holding Ce�tzficates af Aulhority as Acceptable Sureizes on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (aznended) by the Financial Management Service, Surety Bond Branci�, U.S. Department of the Trreasury. All bonds signed by an agent or attorney-in fact rCx�ust be accompanied by a seaIed and dated power of attorncy which shall show that it is effeciive on the daie the agenfi or attarney�in-fact signed eac� bor�d. D. I� the surety on any bond fi�rnished by Contractar is dEclared bankrupt or becoznes insolvent or its right to do business is terminated zt� the Sta�e of Texas or it ceases to meet the requirements of �'aragraph 5.02.C, Cantractor shall promptly notify City and sha1l, within 30 days after the event giving rise to such notification, pn�vide anot�er bond and surety, both of vvhich shall comply with the requiremenls of Paragraphs 5.01 and 5.02.C. S. 3 Certificcxtes of Insurance Coniractor shall deliver ta Crty, with copies to each addrtional insured and loss payee identified in the Supplementary Conditions, certi�icates of insurance (oiher evidence of insurance reques�ed by City or any other additional insured) in at Ieast the minimum aznourrt as specified in the Supplementary Cond itions vc+hich Contractor is requir�d to purchase and zx�aintain. 1. The certificate of insurance shall d ocument the City, and all identified entities named in the �upplementary Cond itians as "Addiiional Insured" on all liability policies. CITY OF FOR'1' WORTH STANDARD CONSTRUCTTON SPECI�TCA7'[ON DOCUMENIS Revision: Mairch9, 2D20 oo�oo-i GENERAL CON�ITIO�iS Page 17ofG3 2. The Contractor's general liabzliiy insurance shall include a, "per projeci" o� "per location", endorsement, which shall be ide�ntified in thecertificate of insurancepravided to theCity_ 3. The certificate s1�a116e signed by an agent authorized to bind coverage on behaIf of the insured, be complete in its entirety, and show camp�ete insurance carrier names as listed 'ua the current A.M. Best Property & Casualty Guzde 4. The insurers for aIl policies must be licen,sed a�d/or approved to do business in the State of Texas. Except for workers' compensation, all i�surers must ha�e a minimum rating of A-: VTI in the current A. M. Best Key Rattng Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Ris� Management. If the rating is �elory l�ai required, written approval of Ciiy is required. 5. AlI applicable poIicies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contrac#or agrees to vvaive alI rights of subrogation against the Engineer (if applicable), and each additionai insured identified in the Supplementary Cond itions 6. Failure of the C�ty to denna�d such certi{'icates or other evidence of full compliance with the insurance requueinents or fazlure af the City to identify a de�ciency from evidence that is provided sha11 not be con,strued as a waiver oi Contractor's obligation to maintain such lines of insurance coverage. '1. Ii insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is rec�uired. Excess Liability shali follow fortn of the primary coverage. 8. Un�ess otherwise stated, all requiu�ed iz�surance shall 6e written on the "occurrence basis". If coverage is undcrvvritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the efFective date of the agreeme�t and the cert�icate of insurance shaIl state that the coverage is claims-rnade and ihe retroactive date. The insurance coverage shall be maintained for the duration of the Coniz-act and for three (3} years folIor'ving Final Acceptance provided under the Contract Docuznents or for the warraniy period, whichever is longez. An annual cert�icate of insurance submitteci to the Cily shall evidence such insurance coverage. 9. PoIzcies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the iimits of said coverage unless such endorsemenis are approved iz� wxiting by the City. In the event a Contract has bee� bid ar executed and the e�clusions are deiennined to be unacceptable or the City desires addi�ional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, tk►e contract price sha�l be adjusted bythe cost of the preinium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,D00.00, affecting requi�ed insurance coverage s11a11 be approved by the City in regards to asset value and stockholders' equity. in CITY OP PORf WORTH STAMDARD CONSI'RUCTIONSPECIF1CAfION DOCIIMENTS Revision: Maa�h9, 2p2U 00 72 l}0- 1 GENERALCONDITIONS Page 18 ofG3 lieu of traditional insurance, alternative coverage maintained through insura�zce pools or risk retention groups, must also be appraved by City. 11. Any deductible in e�cess of $S,fl�O.QQ, for any policy thai does not provide coverage on a first-dollarbasis, must be accepiableto and approved bythe City. 12. City, at its sole discretian, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance covezage's and their [imits when deemed necessazy and prudent by the City based upon changes ix� statuiory Iaw, court decision or the claims histary of the industry as well as a�the contractit�g party to the City. The City shall be required to pravide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City s�all be entitIed, �pon written request and wi�hout expense, to receive copies of policies and endorsezx�ezats thereto and may make any reasonable requests for deIetion or revision ar �nodifications of particular policy terms, conditions, limitations, or exclusions necessary ta conform the policy and endorsements to the requirements of the Contract. DeIetions, revisions, or mod ifications shalI noi be required where policy pravisions are established by law or r�gulations bind ing upon either party or the und erwriter on any such policies. 14. City s�all not be respons�b�e for the direct payment of insurance premiUm costs for Contractor's insurance. 5.4 Contractor's Insurance A. Workers Compensation and Erytployers' Ziabiliiy. Contractor shal� purchase and maintain such insurance coverage with limits consis�ent with stati.�tory benefi�s outlined in the Texas Wor�ez's' Compensation Act (Texas Labor Code, Ch. 4a6, as arr�ended), and minimum limits for Employers' LiabiIity as is appropriate farthe Work beingpe�£oz�aaed and as will provide protecEion from claims set �orth beIow which may arise out of or result firom Cantractor's perFormance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be perfonned by Cozatractor, any Subcontractor or Supplier, or by anyone d irectly or indirectly employed by any of thezn to perForm any of the Work, or by anyone for whose acts any of them may be iiable: 1. claitns under worlcers' compensaiian, disability 6enefzts, and other similar employee benefit acis; 2, claims for damages because of bodily injury, occupaiional sickness or disease, or death of Contractor's employees. B. Comme�cial Gene�al .�iability. Caverage shaIl include but not be lirnited to covering liability (bodily injury or property damage) arising from: pretnises/operations, ivadepende�t contractors, products/cornpleted operations, personal injury, and liability under an znsured cantraci:. Insurance shall be provided on an accurrence basis, and as comprehensive as the curceni Insurance Services Ofiice {ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WOIZTH STA�IDARD CONSI'1tUCTIONSPECIIICATION l]OC[IMII�17'S Itevis ion: Mareh 4, 2020 0o rz oo- i G�NERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforried to thc City. The Commercial General Liabili�y j7Q�ICy, shall have no excIusions by endorseinents that would alter of nullify premises/operatzo�s, prod�cts/compleied operations, contractual, personal injury, or advertising injury, which are norrnally contained with the policy, unless the City approves such exclusions in writing. For constz�ction projects that present a substantial complefied operation exposure, the City i�ay require the contractor to inaintaiz� cozx�pleted operations caverage for a minimum of no iess ihan three (3) years follovving the completion o� the project (if �dentified in the Supplementary Cond itions}. C. Automobile Liability. A corrunercial busit�ess auto policy shall pravide coverage on "any autd', defined as autos owned, hired and non-ovvned and provide indeznnity for claims for damages because bodity injury or death of any person and or property damage arising out of ihe work, maintenance or us� of any motor vehicle by the Coniractor, any Subcontractor or Suppiier, or by anyone directly or indirectly employed by any of them to perfortn any of ihe Work, or by anyone forwhose acts any of them may be liable. D. Rail�oad Protective Ziability. If any of the work or any warranty worlc is vvit�� ihe limits of railroad right-af-way, the Contractor shall comply with the requirements identified in ihe Suppiementary Conditions. �. Notification of Policy Cancellcrtion: Contractor shall immediately notify Ci�y upon canceliation or ather loss of insurance coverage. Con�ractor shall stop work until replacement insurance has been procured. Tlaere sha�l be �o time credi� for days not worked pUrsuantto tl�is section. 5. S Acceptance af 13oncls and .Insurance; Option to Replace If City has any object�on to the coverage afFo�led by or other provisions of the bonds or insurance required to be purchased anc� maintained by t�e Contractor in acco�ance with Article 5 on the basis of non-conformance with the Contrract Docurnents, the C�ty shall so notify the Contractor in writing within 10 Business Days after receipt of t�e certificates (or other evidence requested). Contractor shall provide to the City such additional infort�ation in respect af insurance provided as th� City may reasonably request. If Coniractordoes noi purchase or nnaiu�tazn all of the bonds and insurance required by the Coniraci Documents, the Cit� shall notify the Contractor in writing of such failure prior to the start of the VVork, ar of such �'ailure to maintain prior io any change in the required coverage. ARTTCLE 6— CONTRACTOR'� RESPONSIBILITIES 6.1 Supervision and Superintendence A. Cantractor shall supervise, inspect, and direct the Work competently arid efficiently, devotiu�g such atten�ion thereto and appIying such skills and e�pertise as may be necessazy to pez�ozxn the Wark in accordance with the Contract Documerrts. Contractor s�all be soIeIy z-espo�sible for the means, methods, techniques, sequences, and procedures of construction. C1TY O� FORT WORTH STANDAlZI] CONSTRUCTTONSP�CIIYCATTON I70CUMEN"i'S Revision: Ma�h9, 2020 00 72 00 - I GENERALCONDfTIONS Page 20 of63 B. At all times during the progress of the Work, Contractor sha11 assign a competent, E�glish- speaking, Superintendent who shall not be replaced without vvritten notice to City. T�ae Superintendent will b� Contractor's represeniative ai the Site and s11a11 have autl�ority to aci o� behali oi Contractor. All communication given to or received from ilie Superintendent shall be binding on Contractor. C. Coniractoxshallnatify the City24 hours prior �:o moving areas during the sequenceof construction. G. 2 Lcrbo�; Working Hours A. Contractor shali provzde competeni, suitably quaIified personnel to perForm constr�action as required by the Co�tract Documents. Cantractor shaIt at all times maintain good discipline and order ai the Site. B. E�cept as otherwise required for tl�e safety or proteciion of persons oz the Work or property at ihe Site or adjacent thereto, and except as otherwise stated in th� Cozatract Documents, all Wor1� at i�e Site shall be performed during Regular Working Hours. Coniractor will not permit the per%rmance of Work beyond Regular Working Hours or for Weekend Wor�irig Hours without City's written consent (which will nat be unreasonably witl�held}. Written request (by letterr orr electronic communication) to perform Wark: For beyond ReguIar Working Hours request must be made by noon at least two (2} Business Daysprior 2, foj• Weekend WorkingHours request must be made by noon of the precedingThursday 3. for legal holidays request must be made by noon two Business Days prior to the legaI ho�iday. 6.3 Ser^vices, Mate�ials, and Equipment A. Un�ess othenvise specified in the Can�ract Documents, Contraci:or shaIl provide and assume full responsibility for all sezvices, materials, equipment, Iabor, transportation, constnaction equipment and machinery, too�s, applia�ces, fuel, power, light, heat, telephone, water, sanitary faciiities, temporary facilities, and all oiherr faczlities az�d izacidez�tals necessary for the perFonnance, Contractor required testing, siart�up, and co�xipletion of ikze Work. B. Atl materials and equipment incorporated into the Wor� shall be as specified or, if not specified, shaIl be of good quality and new, except as otherwise �rovided iri the Contract Docunaezzts. All special warranties and guaraniees required by the Specifications shall expressly z-u� to tlae benefR of City. If required by City, Contractor shall �urnish satisfactory evidence (includi�z�g reports of required tests) as to the source, kind, and quality of materials and equipment. C11"Y OF FORT WORTH STANDARD CONSTRUCTION SPECIF'1CA'�ON DOCUMEN`IS Revision: ivEa�h9, 2020 oo �a oa- � GENERAL CONC]ITIONS Pagc2l af63 C. All inaterials and equipment to be incorporated into the Woxk shall be stored, applied, installed, connected, erected, protectod, used, cleaned, and conditioned in accardance with insir��ctions of the appIicable Supplier, except as otherwise tnay be provided iu� t�e Contract Documenis. D. All items of standani equipment to be incorporaied into ihe Wor� shall be the latest model at the time of bid, unless otherwise specified. G.4 Project Schedule A. Contractor shall adhere to t�e Froject Schedule established in acco�lance with Paragraph 2.07 and the General Requzrements as it may be adjusted fromtimeto time as provided below. 1. Contractor shall submit to City for accepiance (to the extent indicated in Paragraph 2.07 anci the General Requiremen�s) proposed a�ljustrnents in the Project Scheduie that �vill not result in changing the Contract Time. St�ch adjustrr►ents will comply with any pravisions of the General Requirements applicable ihereto. 2. Contractor shall submit to City a monihly Project Sclaedule with a monthly progress payment forthe duration of the Contract in accordance with the schedule specification 0132 I 6. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be subzniited in accordance with the requireinents of ArticIe I2. Adjustments in Contrac# Time inay only be made by a Change Order. 6.5 Substitutes crnd "Dr-Equals" A. Whenever an zteza� of material or equipmcnt is specified or describe�i iza tk�e Contract Documents by using the nartxae of a praprietary item or the name of a particular Supplier, the specification or description is intended to estabIish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by wo�ls reading that no like, equivaIent, or "or-equaI" item or no substitution is permitted, otnex iiems of material or equiprnent of other SuppIiers may be submitiec� to Cityfor review underthe circumstances described below. "�r-Equul" Items: If zz� City's sole discretion an item of material or equipz�nent proposed by Contractor is functionally equal to thai named and sufiiciently similar so that no change iva reiated Work vsrill be required, rt zxzay be considered by Crty as an "or-equal" item, in which case review attd approval of the proposed item may, in City's sole discretion, be accomplished wi�hout compliance �vith some or all o� the requirements %r ap�rovaI of proposed substitute items. �'or the purposes of this Paragraph 6.OS.A.1, a proposed item of material or equipmen� wilI be considered functionally equal io an item so named if: a. the City determinesthai: 1) it is at least equaI in ma�erials of constzuction, qual�ty, durability, appearance, strength, and design characieristics; CI"I'Y OF FORT WOTZTH STANBARD CONSI'lt[JCTION SPECIIYCATION DOCUMEt�lTS Revis ion: March 4, 2020 oo�zoo-i GENERAL CONDITIONS Page 22 of G 3 2} it wiIl reliably perform at least equally well the function and ac�ieve the results unposed by ihe design concept of the completed Project as a fu�ctianing whole; and 3) it has a proven record af performance and availability ofresponsive service; and b. Contractor cei-�ifie,s that, if approved and incorporated into ihe Work: 1) there will be no increase �n cost to the C ity or increase in Car�tract Time; and 2) it will conform substantially to tk�e detailed requirements of the itein named in t�e Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equzpz�aent proposed by Contracior does z�at yualify as an "or-equal" item under Paragraph 6.OS.A.1, it inay be submitted as a proposed substitule ifiem. b. Contractor shall submit sufficient in%rmaiion as prorridecl below to allow City to determine if the item of rnaterial or equipment proposed is essentially equivaleni to that nained and an acceptable sUbstitute therefor. Requests for revier�v of proposed substitute items of material or equipzx�e�t wiII not be accepted by City from anyone other than Contractor. c. Cor�tractor sha11 inake written application to City for review of a praposed substitute item of material or equipmen:i t�aat Cantractor seeks to fumish or use. The application shall comply with Section Ol 2S 00 and: 1) shall certifythattheproposed subs#ituteitemwill: a) perform adequately ihe functions and achieve the r�sults caIIed for by the g�neral d esign; b) be simiIar in substance tothai specified; c) be suited to the same use as that specified; and 2) will s�ate: a) the e�eni, � any, to which the use of ihe proposed su6strtute item will prejudice Contractor's achievement of final completion on ti�me; b) whether use of �he proposed substitute item in the Wark will require a change in any of the Contract Documents {or in the provisians of any other direct contract with City for other work on ihe Project) to aciapt the design to the proposed substitute item; CITY OF POR'I' WQRTH STANDARD CONSTRUCITON SPECIFICATTON DOCUMEIITS Revisiou: March 9, 2p20 00 72 00- I GENERAL C�Npi71QN5 Page 23 of G3 c} whelher incorporation or use of the propos�d substitute item in conneciion vvith the Work is subject to payme�t of any Iicens� fee or rayalty; and 3) will identify: a) all variations of the proposed substitute item from that specified ; b) avaiIable e�gineering, sales, inaintenance, repair, and replacement services; and 4) shall contairz an zteznized estirnate of all costs or credits ihat will resuIt direc�ly or indirectly from use of such subs�itute ifiem, including costs of recieszgn and Damage CIaims of other contrractors affected by any resuIting char�ge. B. Suhstitute Construction Methods o� ProceduNes: �f a specific rneans, method, technique, sequence, ar procedure of construction is express�y req�i�ed by fhe Contract Documents, Contractor zx�ay furnish or utilize a subsiitute means, method, teck�nique, sequence, or procedure of construciion approved by City. Contractor shall sul�mit sufficiezai information to allow City, in Cif;y's sole discxetion, to determine that the subsiit�rte proposed is equivalent ta tnal expressIy cailed for by the Coz�iract Docurnen�s. Confiractor shall make vvritten appIzcation to City %r review in the same manner as those provided in Paragraph b.O5.A2. C. City's Fvaluation: City will be alIowed a reasonable time within which to evaluate each proposal or submittaI tx�ade pursuant to Paragraphs 6.OS.A and 6.OS.B. City may require Contractor to furnish additional data aboutthe proposed sUbstitute. City vvill be the sole judge of acceptabiIity. No "ar-equal" or substitute wiII be orderc.d, installed or utilized untiI City's review is complete, which vvill be evidezaced by a Change Order in ihe case of a substitnte and an accepted Submittal for an "or-equal." Ciiy will advise Confiractor in writing of its determination. D. �`pecial Guarantee: City may require Contractor to fUrnish at Corrtractor's expense a special performance guarantee, wariraniy, or other surety wrth respect to any substitute. Contraetor shall indemn� crnd hald hat�mless City and anyone di�ectly or indi�eetly employed by them fram crnd against any and all cic�ims, damages, lasses and expenses (including attorneys fees) arising aut of the use ofsubstituted materials or equipment. � City's Cost Reijnbursement: City will recard City's cosfis in evaluating a substitute proposed or submitted by Contractor pu�suant to Paxagraphs 6.05.A.2 and b.OS.B. Whether or not City approves a substitute so proposed or subz�aitted by Contractor, Contractor may be requirecl to reimburse City for evaluating each such proposed substituie. Contractor may also be required to reirxzburse City forthe charges for making changes in the Contract Documents (or in ihe provisions of any other direct contract with City} resulting fronn the acceptance oieach proposed substitute. F. Contracto�'s Expense: Contractor shall provide all data in support of any proposed substituie or "or-equal" at Contracfior's exp�nse. CITY OF FORT WORT�1 STANDARD C�1VSfR�C`1TON SPECIFICAiTON DOCUMENTS ftevision: Ma�h9, 2020 00�2oo-i GENE#�A�CON�ITIONS Pagc 24 o P G3 G. City Substit�ute Reirrrbursement: Costs (savings or cl�arges} attributable to acceptance of a substiiute sk�all be incorporated to the Contract by Change Ord er. H. Time Extensions: No additional time wiIl be granted forsubstiiutions. 5.6 ConcerningSubcontractors, SupplieYs, and Others A. Contractor shalI perfozxx� with his own oxganfzation, worI� of a value not less than 35% of the value einbraced on the Contraci, unless otherwise approved by theCity. B. Corrtractor shall noi employ any SUbcoz�tractoz, SuppIier, or other inaividual or eniity, whether initially or as a replacement, against who�x� Ciiy may have reasonable objection. Contractor sha11 not b� req�ired to employ ar�y Subcontractor, Supplier, orr other i�d ivid ual or entity to furnish or perform any of the Work against �hom Contractor has reasonable objection (excluding those acceptable to City as ind icaied in Paragraph 6.06.C). C. The City inay from time to time require the use of certain Subcontrractors, Suppliers, or oiher itadividuals or entities on the project, and will provide such requirements in the Supplezx�er�tary Conditions. D. Minority Business Enterprise Complicance: It is City policy to ensure the full and equitable participatzon by Minori#y Business Enteiprises (MBE) in the procurement of goods and sezvices on a contractual basis. If the Contract Documents provide for a MBE goal, Contractior is required to comply with the i�tent of the City's MBE Ordinance (as arn�nded)bythe folIovving: 1. Contractorr shal�, upon request by City, provide complete and accurate inforination regarding actual worl� pez�ozxxaed by a MBE on the Contract and paymenttherefor. 2. Contractor �vill not make add'ztions, deletions, or substitutions of accepted MBE witho►� written conseni of the City. Any unjustified change or deletion shall be a material breach of Coniract and may result in debazment in acca�ance with the procedures outlined in the Ord inance. Cantractor shali, upon request by Czty, allow an aud it and/or examination of any books, recat�i s, or files in the possession of the Contractor that will substantiate the actual work perFormec� by an MBE. Material misrepresentation of any natt�re will be grounds for terYnination of the Contract in acco�ance with Paragraph 15.02.A. Any such misrepresentation may be grounds %r disqualification af Contractior to bid on future contracts with the City %r a period oi nof less than three years. E. Contractar sha11 be fully responsible to City for all acts and omissions of the Subcontractars, ,Suppliers, and other individuals ar entities perForming or furnishing any of the Work just as Contz-actor is responsible for Contractor's own acts and omissions. Nothivag in the Contrac� Documents: CI"FY aP FORI' UVORTH STANDAKI] CONSI'RUCT[ONSPECIFTCATTDN DOCUMEN fS Revision: Maroh 9, 2U20 oo�zoo-i GEN�RALCONDITiaN5 Page25 of63 shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity azay cantractual relationship between Ci�y and any such Subcontractor, Supplier or other zr�d ivid ual ar entity; nor 2. shaIl create any abligation on the part of City to pay or to see to ihe payrr�ent of any mon�ys due any such Subcontractor, Supplier, or other ind ividual or entity except as may othe�vise be required by Laws and Regulations. F. Contractor sha1� be solely responsible for scheduling and coo�Iinating the Work of Subcontractors, Su�pliers, and other individuals or entities performing or furnishing any afthe Work under a direct or ind irect contract with Contractorr. G. A11 Subcontractors, Suppliers, and such oiher izadividuals ar entities performing or furnishi��g any of the Work shall communicate vvith City tnrougk� Contractor. H. AlI Work performed for Contractor by a Su�cozatzactor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcor�tractor or SuppIier which specifically bi�ads the Subcorrtractor or Supplier to ihe applicable terms and condi�ions oi the Contract Documents forthe benefit oF City. 6.7 iWage Rates A. Duty to pay Pt�evailing Wage Rates. The Contractar shall comply wzth all requirements ofi Chapter Z258, Texas Governrrient Cocte {as amended), including the payment of not less than the rates determined by the City Council oi the City of Fott Wor� to be the prrevailing wage rates in accotriance with Chapter 2258. Such prevailing wage rates are included in these Contraci Documents. B. Penalty for Vindation. A Contracior or any Subcontractor who d oes not pay the prevailung wage shaIt, Upon demand made by the City, pay to the City $60 for each vvorker empIoyed for each calendar d ay or par� of the day that the warker is paid less than ihe prevailing wage rates stipulated in these contract documents. `This penalty shall be refiained by the Ciiy to offset its adzx�zrc�zsirative costs, pursuar�t to Texas Goveznment Code 2258.023. C. Complcrints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a vvorker, concerning an alleged vioIation of 2258.023, Texas Go�ernment Code, by a Contiractor or Subcorrkractor, the City shaI� make an initial determination, before the 31 st day after th� daie the City receives the informaiion, as to vvhether good cause exists to believe that the violation occUzxed. The City shall notify in writing the Cantrractor or Subcontractor and any affected �vorker of its initial de�ermination. Upon the City's determzrr�ation that there is good cause to believe the Contractor ar Subcontractor has violated Chapterr 2258, the City s�all retain the full amounts claizx�ed by the claimant or claimants as the d ifferen ce between wages paid and wages due under the pz-evailing wage rates, such amoUnts being subiracted from successive progress payments pending a fizaal determination of the violation. GITY OF FORT WOKTH STANDARD CONSTKUCITON SPECIFTCATIOM DOCUM�NTS 1Zevision; March 4, 2020 007200-] GENERAI. CONDIiIaNS Page 26 of 63 D. �l�bitration Requi�ed if Violation Not Resolved. A.n issue zelating to an alleged viotation o� Section 2258.023, Texas Governrr�ent Cale, including a pena�iy owed to the City or an affec�ed worlcer, shall be submitted to binding arbitration in acco�rlance wiih the Texas General At�iiration 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 de�enninaiion pursua�t ta Paragraph C above. if the persons required to arbitrate under this section do not agree on an arbitrator be%re the 11th d ay af�er the date that arbitration is required, a district court sk�all appoint an arbitralor on the petition of any of the persons. The City is not a party in the arbitration. The d ecision and awarel of the arbi�rator rs final and bind ing on all parties and rtiay be enforced in any cour� of competent jurisdiction. E. Records ta be Mamtained. The Cozaiz-actor and each Subcontractor shall, for a period of thz-ee (3) years following the date of accepiaz�ce of the work, maintain r�corels that show {i} the nazxae az�d occupation of each vvorlcer employed by the Cantractor in the constrUction of the Worl� provided %r in this Contract; and (ii) ihe actual per diem wages paid to each worker. The records shall be open at al� reasonable hours for inspecizon by the City. The pravisions of Paragraph 6.23, Right to Audit, shall pertain to t11is inspection. F. PYogress Pcryments. With each progress payment or payroll period, whichever is less, the Contractor shail submit an affidavit stating that the Contractorhas co�nplied wi�h the requirernents of Chapter 2258, Texas Government Code. G. Posting of Wage Rcates. The Contractor shall post prevailing wage rates in a conspicuous place at all iimes. H. Subcontracto�- Cornpliance. The Contractor shall include in zts subcontracts and/or shalI otherwise require all of its Snbcontractors to comply vvith Paragraphs A througl� G above. 6.8 PatentFees andRoyalties A. Contractor shall pay all license #'ees and royal�i�s and assume aIt costs incident to the use in the performance of ihe Wor�C ar the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights heId by othexs. If a pa�icular invention, design, process, product, or device is speciiied in the Contract Document,s forr use in the performance of the Work and i�, to the actual knowledge of Ciiy, iis use is subject io patent rights or copyrights caIIing for ihepayme�t of any license fee or royaIty io oihers, the exisience of suc� rights shall be discIosed by City i_n� the Coniract Documents. FaiIure oFthe City to disclose such in%rmation does not relieve ihe Contractor from its obligations to pay for the use of said fees or royalties lo others. �3 To the fullest extent permitted by Laws crnc� Regulatzans, Contractor shall inderran� and hold harnzless City, frorn and against all claims, costs, losses, and damages (including but not limited to all fees crnd chrxrges of engineers, ar^chi�ects, attorneys, and other p�ofessionals and all cour�t oY arbitration or other dispute �esoluiion costs) c�rising out of ar relating to any infringement of patent rights ar copyrights incident to the use in the performance of the Wo�k or resulting fi-orn CITY aF Pd1ZT WORTH STANDARI7 CONSTRUC7TON SP�CIFICA7TON DOCUMENTS Revision: Ma�h 9, 2020 oorzoo-i (C�NERAL COiV�1TlOf�lS Page 27 of 63 the incorpo�ation in the Work af any invention, design, process, product, or device not specified in the ContractDocuments. b. 9 Per^mits and Utilities A. Cont�actor obtained pernaits and Iicenses. Contractor shall ob�ain and pay for aII cons�ruction permits and lice�ses except those provided for in the Supplementary Conditions or Contract Documents. City sk�all assist Contractor, when necessary, in obtaiz�izag such permits and Iicenses. Contractor shaII pay all gavern�nental cl�arges and inspection fees necessary forthe prosecution of the Work which are applicable at the time of opening of Bids, or, if ihere are no Bids, on ihe EfFective Date of tlae Agreement, except for permits providecl by the Ciiy as speciiied in 6.09.B. City shal� pay all charges of utility owners for connections for provid uag permanenl service to the Work. B. City obtained perrnits and licenses. City will abtain and pay for all perrnits and licenses as provided for in the Sup��eme�taty Conditions or Contract Documents. Ii wi11 be the Contractor's responsibili�y to carry out the proviszo�s of the perrnit. If the Contractor ini�iates changes ta the Contract and the City approves the changes, the Contrac�or is responsible for obtaining clearances and cootriinating with the appropriate regulaiory agency. The City will not reunburse the Cozatractor for any cost associated with these requirements of any City acquired pennit. The following are permits fihe City will obtain if required : 1. Texa,s Department of Transportation Permits 2. U.S. Az�xry Corps of EngineersPermits 3. Texas Coznmission on EnvironmentaI QualityPermits 4. Railroad Company Permits C. Outstanding pe�rtils and licenses. The City aniicipates acquisition of and/ar access to p�nnits and licenses. Any outstanding perrr�its and licenses are anticipated io be acquired in accon�ance with the schedule set forth in the Supplementary Condi�ions. The Project Schedule submitted by the Contractor in accoz�iance withthe Contract Dacuments must consider any outstand'mgpermits and licenses. 6.1 D Laws rxnd Regulations A. Cozatractor shall give all notices requixed by and shall coinply with aI� Lavvs and Regulations applicable to the performance of the Work. Except where otherwise expressly requiured by app�zcable Laws and Regulatians, the Ciiy shall nat be responsible for monitoring Contrractor's con�apliance with any Laws orRegulations. B. If Coz�tractor perForms any WorI� knowing or �aving reason to know tha� it is contraYy to Laws or Regulatio�s, Contractor shall bear all cIaitns, cosis, Iosses, and damages (including but not 1u�nited to ail fees and charges oi engineers, architects, attoz�eys, and otherprof�ssionals and all CITYOF FOKT WO1tfH STANDARD CONSTRIUCTIONSPECII7CAT10N DOCLJMF.NTS Revision:Maroh9, 2020 oo�zao-� GEiVERALCONQITIONS Pagc 28 of 63 court or arbitration or other dispute resolution costs) arising aut of or relating to such Work. However, it shall not be Contracior's responsibility to rx�ake certain lhat the Specifications and Drawings are in accordance with Laws and Regt�lations, but ik�is shall not relieve Contractor of Contractor's ob�igations underParagraph 3.02. C. Changes in Laws or Regulations not known at the time of openiz�g of Bids having an eff�ct on the cost or ti�x�e of perFormance of the Work may be the subject of an adjusttx�e�t zn Coniract Price or Contract Tixxie. G.I1 Ta.xes A. On a contract awarded by t�e City, an organization which qualifies for exemption pursuani to Texas Tax Code, Subchapter H, Sectzons I S l.341-335 {as amended), the Contractor may purchase, rent or Iease all materials, supplies and equipmen� used or consumed in the performance of ihis contract by issuing io his supplier an exe�xaption ce�tificate in Iieu of the tax, said e�emption certificate to comply with Stale Comptroller's Ruling .007. Any such exemptian certi�icate issued to the Contractor in lieu of the tax shall be subject io and shall comply with the provision of State Camptroller's Ruling .OTT, and any other applicable zuliz�gs pertaining �o the Texas T� Code, �ubchapter H. B. Texas Tax permits and information rnay be obtained frozx�: 1. Co�x�ptroller of Public Accounfis Sales Tax Division Capitol Station Austit�;, TX 78711; or _^, he�p_!/ww�F�,w�indow.state.�.�si�aAinfoltaxform:��a3-forrn�.�irni 5.12 Use of Site and Other�Areas A. �imitation on Use ofSite and �therAreas: Contractor sha11 confine constrruct�on eyuipment, the storage of ma�ierials and equipment, and the operations of r�vorkers io the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encunnber the S ite and other areas with construciion equipment or oiher materials or equipment. Contractor slaaJl assume fuIl responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas �esulting from the performance af the Wor1�. 2. Ai any time when, in the judgmeni of the City, tk►e Contractor has obstri.�cted or closed or is carrying on operations in a pori:ion of a street, right-af-way, or easem�nt greater than is necessary for proper execution of`the Work, t�e City may require the Cor�tractor io finish the section on which operaiions are in progress before worlc is commenced on any add itional area o�theSite. CITY OF FOR'1' 1�ORTH STANDA.RD CONSTRUCT[ON SP�CIIYCATTO�I DOCUMENTS Revision: Ma�h4, 2D20 oo�zao-i GENERALCONDiTIONS Fage 29 of63 3. Should any Dainage Claizxi be made by any such awner or occupant because of the perFormance of the Worlc, Coniractor shall pramptly attempt to resolve the Damage Claim. 9. Pursua�t to Paragt^aph 6..21, Cont�actor shall indemn� and hold ha�r�aless City, frorsa and againstall claims, cost.s, losses, and damages arising out ofor relating to any claim or action, legal or ec�uitable, b�ought by any such owneN or occupant against City. B. Removal of Debris During Performance of the Work.• During the progress of the Work Cantractor shall keep the Site and other areas free from accumulations of waste mate�rials, zubbish, and other debris. Removal and ciisposal of s�zch waste ma�erials, rubbish, and other debris shall coza,fonn to applicable Laws and Regulations. C. Site Maintenance Cleaning.• 24 hours after written notice zs gzven to the Contrac#or that the clean- up on the job site is praceeding in a manner unsatisfactory to the City, ii the Contractor fails to correct the unsatisfactary procedure, the Ciiy may take ,such direct action as the City deems appropriate to coz�rect the clean-np deficiencies ciied to the Contractor in th� written notice (by letter or electronic communication}, and the costs of such d irect action, pius 25 % of such costs, shall be deducted fromthe monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Fi�al Acceptance of the Wotic Contractor shall clean the Site and the Work and make it ready forr utilization by City or adjacent property owner. At the completion oF the Work Co�iractor shall rezxiove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore fio originaI condition or bettez- all property d isturbed by the Work. E. Loading St�uctures: Cantractor shail not load nor permit any part af any situcture io be loaded in any manner that will endanger ihe structure, nor shall Contracior subject any part of the Work or ac�jacent propertyto siresses orpressures that will endanger ii. 6.13 Record Documents A. Contrractor shall maintain in a safe place at the Site or in a place d�signated by the Contractor ard approved by the Ci�y, one (1) record copy of all Drawings, Specifications, Addenda, Change Orelers, FieId �zders, and wr�ten interpretations and clari£ications in good oreler and annotated io shovv changes znade during construction. These recorrd documenis together with all approved Sarnples and a courrterpart oi all accepted Submittals wzll be a�ailable to City for reference. Upon completion of the Work, these recorel documents, any operatian and maintenance rnanuals, and Submittals wilI be delivered to City prior io Final Inspection. Contractor shall include accurate lacations for buried and i�nnbed ded items. 6.14 Safety and Protection A. Contractor shall be sole�y responsible fior iniiiating, maintaining and supervising all safeiy precautions and progra�s in connection with ihe Work. Such responsibility does not r�Iieve Subcontractors of their responsibility far the sa%ty of persons or property izx ihe performance of their work, nor for compliance wiik� applicable safety Laws and Regulations. Contractor shaII C1T'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATTON DdCiJ]vF�.,NTS Revision: Ma�h9, 2020 oo7zo�- � GENERAL CONDIi'IONS Page 30 ofG3 take all necessary precautions for the safety of, and shalI provide the necessary pxotection to prevent damage, injury ar loss to: 1. all pet-sor�s on the Site or who zx�ay be affected bythe Work; 2. all tne Work and ma�erials and equipnaent to be incorporated iherein, whether in storage on or off ihe �ite; and 3. other property at the Site or adjaceni ther�to, including trees, shrubs, lawns, vvalks, pavements, roadways, stri.�ctures, utililies, and Underground racilities r�ot designated for removat, relocation, or repIacemeni in the course of construction. B. Contractor shali comply with aIl applicable Laws and Regulatzons relating to the safety of persons or property, or ta tl�e protection of persons or property frozn daznage, injury, or loss; and sha11 erect and mait�iain all necessary safeguards for such safety and praiection. Contractor shall noti�'y owners of adjacent property and of Undergraund Facilities and otk�ex utility owners when prosecution of ihe Work may affect them, and sha�l cooperate with tk�em in the protection, removal, relocatian, anci replacezz�ent of theirproperty. C. Contractorshall comply with the applicable requirements of City's safetyprograms, if atay. D. Contractor shall inforin Ciiy of ihe specific requuements of Contracior's safety program, if any, with which City's employees and representaiives must complywhil� at the Site. �, AII damage, injury, or lass to any property rreferred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractar, Supplier, or any other individual or entity directly or indirectly etx�ployed by any oithem to perform any of the Worl�, or anyone for whose acts any of them may be liable, shall be remed ied by Contractor. F. Contractor's duties and responsibilities for safety and �or protection of the Work shall continue until such time as all the Work is completed and City k�as accepted the Work. b.15 Safety Representative Cantractor shall iza�orm City in writing of Contractor's designaied safety represen�afiive at the Site. 6.16 Hazard Communication Progrrx�ns Contractor shalI be responsib�e for cootriinating any exchange of material safety data sheets or other hazan�i comtnur�icalion infozmation required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/o� IZectification A. In emergencies affecting the safety or protection of persons orthe Wor� or pxoperty at the Site or adjacent thereto, Contractar is obligated fo act to prevent threatened damage, injuzy, or loss. Contractor shall give City prompt written notice ii Contractor believes that any signifzcani CITY OF FORT WORTII STANDARI} CONSTRUC7'fONSPECIFICATION DOCUMENTS Ae� is ion: Maroh 9, 2020 OD7200-I GEi�JERAL COIVD[TIONS Page31 of63 changes in the Work or variations from the Contract Documents have been caused therreby or are required as a result thereof. If City deiermines that a change in the Contract Documents is requi�ed because of the action taken by Contractor in response ta such an emerge�cy, a Change O�ier may be issued. B. Should the Contractor �aiI to respond to a request from the City to rectify any discrepancies, omissions, ar correctian necessary to cor�form wi�h the requirements of the Contract Documents, tk�e Ciiy shall give the Contractor writ�en notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor io ta�e rex�aedia� action to correct the conditian. rn the event the Contractor does not tak� positive steps to fulfzIl t�is writteta reyuest, ar daes nat shaw just cause for not taking the proper action, ovithin 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 renaedial action, plus 25%, from any funds due or become due the Contractor on the Projeci. 6.18 Submittals A. Contractor shall submit required ,Submittals to City for revievv and acceptance in acco�lance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submiital will be identifiecE as City may require. 1. Subinit niunber of copies sp�cified in the General Requirements. 2. Data show�i on the Sub�nittais will be coinplete with respect to quantit'res, dimensions, specified perfarmance and design criteria, materials, and similar data to show Ciiy the services, materials, and equipment Contractor proposes to provide and io enable Ciiy to review the inforrnatian forthe limited purposes required by Paragraph 6.18.C. Submittals subzxirtted as herein providec� conformance with the design concept sha�1 Documents Unless otherwise required by City. by Contractor and reviewed by City for be executed in confiormity with the Contract 4. When Subznittals arre submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contrractor �zonn requirements shawn on the Drawings and Specifications. S. For�Information-Only submittals upon which ihe City is not expected ta canduct review or take responsive actfon may be so identified zn the Contract Documents. 6. Submit required numberof Samples specified in tl�e Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such a,s catalog numbers, fihe use for which intended and other data as City may requi�e io enable City to review ihe submittalfarth� limited purposes required by Paragraph6.18.C. CITY OF PORT WORTH STANDf1[ZD CONSTRiJC'ITON SPECIFIC�1'IION DOCUMENTS Revision: Ma�nh9, 202Q 0072Q0-i G�NERALCOND1T10NS Page 32 ofG3 �. Where a Submi�tal is required by the Contract Documents or the Scheciule o� Subrnittals, any related Work performed prior �o City's review and acceptance of thc pertinent submittal wilI be af the sole expenseand responsibility of Contractor. C. Czty's Revietiv: 1. City will provide timely review of required Submittals i_t� acco�lance with the Schedule of Subrt�zttals acceptable to City. Crty's review and acceptance will be aniy to determir�e if the iteins covered by the submittals wiII, after instal�aiion or incorporation in the Work, conform �o the inforrtx�atioz� given in the Contract Documents and be cozx�patzbte with the design concept ofthe completed Project as a functioning whole as indicated by the Contract Dacumenis. City's reviev;l and acceptance will not e�end to means, methods, techniques, seyuences, or procedures o� construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by ihe Contract Documents) or to safety precautions or programs incident thereto. The review a�d acceptance of a separaie item as such will �ot indicate approval of t�e assetnbly in which the item functions. City's review and acceptance shall not relieve Contractor from responsibility for any variation 1'rom the r�c�uirements of ihe Coniract Dacuments unless Contractor has complied with the requirements of Section O1 33 Oa a�d City has given writ�en acceptance of each such variation by specific written notation thereof incorporated in or accompanying tihe Sub�nittal. City's review and acceptance shall not relieve Contraclor irom responsibility for cormplying with the requirements of the ContractDocuznents. 6.19 Continuing the Work Except as otherwis� provided, Contractor shall carry on the Work and ad�e�'e to the 1'roject Schedule during all disputes or disagreements with Ciiy. No Work shall be delayed ar posfiponed pending resoluiion of any disputes or disagreeinents, except as City and Contractor may otherwise agree in wriiing. 6.20 Contracto�'s General Warranty and Guarantee A. Contractor warrants and guarantees to Ci�y that all Work wiII be in accordance with the Contract Documenis and vvill not be defective. City and its officers, directors, zne�nhers, partners, employ�es, agents, consultanis, and subcontractors shaIi be enti�led to rely on representation of Contractor's warranty and guarantee. B. Caniractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper mai�ntenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any otk►er individuaI or entity for r�vhom Coniracior is z-esponsible; or CITY dP FO�Z1' WORTH STANDARD COI*ISTTZUCTTON 5PEC1FICl1']'[ON DOCT �MQVTS Revision: Mareh 9, 202D 00 �z oo- � GEiVERAL CON[JfTIOi�IS Pagc 33 of63 2. norrnal wear and tearr und er narmal usage. C. Contractor's obIigaiion to pez-fortn and complete the Work in accoz�iance with th� Contract Documents shalI be absolute. No�e of the following wili constitute an accepiance oi Woric il�at is not in accordance with ihe Contract Dacuments or a release of Contracior's obligation to perform the Work in accordance vvith the Contract Documents: 1. observations by City; 2. recommendation or payrnen� by City of any progress or final payment; the issuance of a certificate of Final Accepiazace by City or any payrnent related thereto by City; 4, use or occupa�cy ofthe Work or any pa�t thereof by City; 5. any review and acceptance oia Submi#tal byCity; 6. any inspection, test, or approval by others; or '7. any correction of defective Work by City. D. The Contractor shaI� rernedy any defects or damages in the Worl� and pay for any damage to other work or property resuliing there�rom which shall appear within a pe�od of two (2) years fi•om the date of Final Acceptance of t�e Work unless a longer period is specifzed and shall iurnish a goad and sufficient maintenance bo�d, complying witn the requirements of Article 5.02.B. The City will give notice of observed defecfis with reasonable promptness. 6. 21 Ind ennn i�ication A. Contractar covenants and agrees to indemn�y, holc� harmless and defend, at its own expe�ase, the Ciiy, 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 perfo�-zned by the Contx�actor, its officer�, agents, employees, subcontractors, licenses or invitees under this Contract THIS INDEMNIFICATION PROVIS�ON IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTNE EVEN IF IT �S ALLEG�D OR PROVEN THA.T ALL OR SOME OF THE DAMAGES_ BEING SOUGHT WERE CAUSED,_IN WHOLE OR lN PART BY ANY ACT, ONIISSION OR NEGLIGENCE OF THE CiTY. Thi� indemn� �rovision is intended to include, without li�nitation, i�idez�nitv for costs, exoenses and Ie�al fees incurred b the Ci in defendin a ainst such claims and ca�ses of actions. 8. Contractor aavenants and agre� to indemn�'y and hol�I harmless, at its own e�pense, the City, its officers, servants and empiayees, from and against any a�td all loss, damage or destructian of prop�rty of the City, arising out of, or alleged to ar�se ont o�, the work and set-vices to be performed by the Contractox, its officers, agents, emplo�ees, subcontractors, licensees or invitees under this Contract. THYS �NDEMNii'ICATION PROVISION YS CTTY OF FOR"i' WORTH STANbARD CONSTRUCTl01*ISPECIFICATTON DOC[JMENTS Revis ion: Ma►Ch 9, 2020 oo�zoo-1 GENERA�CONDITIQNS Page 34 of G3 SPECIF�CALLY INTENDED TO OPERATE AND BE EFFECT�VE EVEN IF iT TS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED IN WHOLE OR IN PART BY ANY ACT �M�SSION OR NEGL�GENCE OF THE CITY. 6,22 Delegation ofProfessional Design Services A. Contractor wi11 not be required to provide professional design services unless such services are specifica�Iy required i�y the Contract Docuzx�ents for a pot�ion oF the Work or unless such services ar� r�quired to carry out Contiractor's respoz�sibilities far construction means, methods, techniques, sequcnces and procedures. B, If professional design services or cettifications by a design professional related to systems, materials or equipment are specifically required of Contractor by i�ae Corrtract Documents, City wiIl specify all per%rmance and design criteria thai such sezvices zx�ust satisfy. Coniractor shall cause such services or certificatians to be provided by a pt�operly Izcensed professional, whose signature and seal sl�all appear on all drawin�s, calculations, speci�zcations, certifications, and Submittals prepared by such pro%ssionaI. Submittals related to the Work designed or certified by such profe,s,sional, if p�•epared by others, shall bear such professional's writien appxoval when submitted to City. C. City shalI be ezatitled to rely upon the adequacy, accuracy and complete�ess of the services, certifications or approvaIs pez�ormed by such design professionals, provided City has spec�ied to Cantractorperfonnance and design crrteria that such services mustsatisfy. D. Pursuant io this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the Iznaited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Cantract Documents. City'� review and acceptance of Submittals {except desig�a ca�culations and design drawings) will be only for the purpose stated in Paragraphb.l8.C. 6.23 Right to Audit A. The Contractar agrees that the City sha11, until the expiration of three (3) years after fina� paymen� under this Contract, have access to and the right io examine and phofiocopy any direcily pertinerrt books, documenis, papers, and reco�s of the Cozatractor involving firansactions relaiing to this Contract. Contractor agrees that the City shall have access during Regular Working HoUrs to all necessary Contractor faciiities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of thzs Pazagraph. The City shall give Contractorreasanable advancenotice of intended audits. B. Contractor further agrees to include in all its subconiracts hereunder a prrovision ta the effect that the subconiractor agrees that the City shalI, until the e�piration of thrree {3) years after final payment urzder this Contract, have access to and the right to e�amine and photocopy any directly pertinent books, dacu�xaents, papers, and records of such Subcontractor, invoIvz�g iransactions io the subcontract, and further, that City shall hav� access during Regular Working Hours to all CI"I'X OF FpRT WORTH S'�'ANDARD C�IVSTRUCTION Sl'N,CIFf CATION DOCUMCN'I� Revision: Ma�h9, 2020 oo�zao-i GEN�RALCONDITIONS Page 35 of63 Subcontractor facilities, and sha�l be provided adequate and appropriate work space zn order to conduct audits in compliance with �he provisions of this Paragrap�. The C�ty sh�all give Subcontractar reasonable advance noiice o� intended audits. C. Contractor and Subcontracior agree Lo photocopy such dac�jnents as may be requested by the City. The City agrees to reimburse Contractor forthe cost of ihe copies as follows ai the rate published iza t�e Texas Adminisirative Code in effect as afthetime copyi�g zs performed. 6.24 Nondisct^iminatian A. The City is respansible for operating Public Transpor�ation Prograzx�s and impleinenting transit- related projects, which are fundecl in part with Federal financial assistance awarded by thc U.S. Department of Transportation and the Federal Transit Administration {FTA), without d iscriminating against any person in the United States on the basis ofrace, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the xequirements of the Act and the Regulaiions as further defined in the Supplementary Conditions fox any praject receiving Federal assistance. ARTYCLE '� — OTHER WORK AT THE SITE 7.1 Related Work at Site A. City may perform other work rela�ed to the Projeci at tk�e Site with City's empIoyees, or other City contractors, or throug�► other d irect contracts i�erefor, ar ha�e other work performed by utility owners. Yf such other work is not noted in the Conirraci Dacuments, then written notice ihereof will be given to Contractorprior to starting any sucla oiherwork; and B. Contractor sk�all afford each other contractor who is a party to sUch a d irect contract, each utility owner, and C�ty, if City is perforn�ing other wor�C vvith City's ezxzployees ar other City contractors, proper and safe access �o the Site, provid e a reasonable opportuniiy for the intraciuction and storage of mai�rials and equipment and the execution of such otherr work, and properly coon�inate the Work with theirs. Corrtractor shaIl do all cutting, fitting, and patck�ing af the Work that may be required to properly connect or otherwise make iis several parts canne togeiher and properly iniegrate �ovith such other work. Contracto,r shall not endanger any work of aihers by cutting, excavaiing, or otherwise alterin� such work; provided, hovvever, that Contractor may cut or alter others' work with the written consent oi City and the others �c�vhose work will be a�fecied. C. Iithe proper execuiion or results o� any part of Contractor's Work d epends upon work pezfo�ed by others Under this Article 7, Coniz-actar shall inspect such other work and promptIy report to City in writing any delays, defecis, ox deficiencies in snch other work that render it unavailable or unsuitable for the proper executzon and results of Coniractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration wiik� Contractor's Wark except forlatent defects intheworkprovided byothers. CT`T'Y OP FORT WORTH S`1'AN]711RD CONSI'RUC'F10N SYEGIFICATfON DOCUMCNTS TLevis ion: MAcch 9, 2020 00 72 DO - I GEN�RAL CqNDITlONS Yage 36 of63 7.2 Coordination �.. If Czty intends to contract with others forthe perfoz7mance af other work on the Praject ai the Site, the following wiII be set forth in 5upplementary Cozaditions: l. the itad ivid ual or ei�tity who will nave authority and responsibility far coordination of the activities azxiong the various contractors will be id entified; 2, the specific �aatters to be covered by such aUthoriiy and responsibility will be itemized; and 3. the exient of such authority and responsibiIities will be provided. B. Unless otherwise provided in the Supplementary Canditions, City shall have authority for such coord ination. ARTYCLE 8 — CITY'S RESPONSIBILITIES 8.1 Cornrnunications to Contractor E�cept as otherwise providcd in the Supplementary Conditions, City shall issue all comtnunications to Contractor. 8.2 Furnish Data City sha11 timely fua-nish the datarequired underthe ConLractDocuzne�ts. 8.3 Pay WhenDue City sha11 make payments �o Contractor in accordance vvith Article 14. 8. 4 Lands and Easements; Reports andT'ests City's duties vvith respect io praviding lands and easemenis and providing engineering surveys to es#ablish reference poinis are set forth in Paragraphs 4.01 and 4.aS. Paragraph 4.02 refers to City's identifying and making available to Coniractor copies of reporfs of explorations and tests of subsurface conditions and drawings of physical conditians relating to existing sutface ar subsurFace siructures at or contiguous to the Site that have been uti�ized by City in preparing the ContractDocuzxaents. 8.5 Change O�deNs City s�aIl execute Change Orders in accordance with Paragraph 10.03. 8, 6 Inspections, Tests, and Approvcals City's responsibil�ty with respect to certain inspections, tests, and approvals is set forih in Paragraph 13.Q3. CITY bP FORT WOIZTH STANDARD CON57'RUC'[70N SP�CIITCATI ON DQCUMENTS Revisiou: March4, 2020 00 72 00 - 1 GENERRI. CONDITIONS Page 37 of63 8. 7 Lirytitations an Cily's Responsibilities A. The City shall not supervise, direct, or have control or auihority over, nor be respansible for, Contractoz's means, meihods, technic�ues, sequences, or procedures af cons�ruction, or the safei:y precautions and programs incident thereto, or �or any failure of Contractor to compIy wi�h Laws and RegUlations applicable to the perfarmance of the Work. City wiIl noi be responsible for Contractor's failure to per�orm the Work in accordance with theContract Documents. B. City witl no�ify the Contractor of applicable safcty plans pursuant to Paragrraph 6.1 �4. 8. 8 Undisclosed Haza�dous Environmental Candition City's responsibility with respect to an undisclosed Hazat�lous Environmental Condition is set fotth in Paragraph 4.06. 8.9 Compliance tivith Safely Prog�am While at the Site, City's employees and representatives shali comply with the specific applicable requirements of Contracior's safety programs of which C�ty k�as been informed pursuant to Paragraph 6.14. ARTICLE 9— CITY'S OBSERVATION STATUS DURING CONSTRUCTiON 9.1 City's ProjeciManageY City will provide one or more Project Manager{s} during �he consizlaction period. The duties and responsibilities and the limitations oi authority of City's Project Manager during construction are set forth in ihe Cantract Docume�rts. The City's Project Manager for this Contract is identified in the Supplementary Conditions. 9.2 Visits to Site A. City's Project Manager will zxzake visits to the Sit� at intervals appropriate to tne various slages af construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Corrtractor's executed Work. Basec! on izafoz-mation obtained during such rrisits and obsezvations, City's Project Manager wiIl deiermine, zn gezae�al, if the Work is proceed ing in accordance with the Contract Documents. City's Project Manager wiII not be required to make exhaustive or continuous inspections on the Site to check the qualiiy or quantiiy of the Work. City's Project Manager's efforts wiii be directed towatri providing Ciiy a greater degree of confidence that the completed Work will conform generaIIy to the Contract Docunae�ts. B. City's Prroject Manager's visits and observations are subject to ali the Iimitaiions on authority and responsibility in the Contract Docurnents including those set forth in Paragraph $.07. C�TY OF FORT W�RTf-T STANDARD C�15TRL7CTIONSPECIFTCATION DOCUMEi*ITS Itevision: Ma�h 9, 2020 00 72 UO - 1 G�N�RAL GQNDITIONS Page 3& of63 9.3 Authorized Variations in Work City's Project Manager may authorize minor variations in #he Work from ihe requirements of the Contract Docu�nents which do not involve an ar�jus�ment in the Coniract Price or the Contracti Tune and are compatible vvith the design concept o� the completed Project as a functioning whole as indicated by the Contraci Documents. These zx�ay be acco�nplished by a Field Order and will be binding on City and also on Contractor, vvho s11a11 perform ihe Work involved promp�ly. 9.9 RejectingDefective Wo�k City will have authority to reject Work vvhich City's Project Manager belie�es to be defective, or wiII not produce a completed Project that cor�forms to the Contract Documents or that wilI prejudice the zntegrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City wi�l have authority to conduct special inspection or testing of t�e Work as provided in Artzcle 13, whether or not the Work is fabricated, �nstalled, or completed. 9.5 Dete�mincrtionsfor WorkPerfoYmed Coniractor vvill determine the actual quantrties and cIassifications of WorI� perfarmed. Ciiy's Project Manager wiI� revievv with Contractorthe preliminary deterrr�ina�ions on such matters before rendering a written recommendation. City's wz�itieza decision will be final (except as mod�ied ta reflect changed factual conditions ormore accuraie data). 9.b Decisions on Rec�ui�ements of Contrctct Documents crndAcceptability ofWork A. City wi�l be t�►e initial interpreter of ihe requ�rercx�enis of the Contract Docuinents and judge of ihe acceptabi�ity of the Worlc thereunder. B. City will render a written d ecision on any issuereferred. C. City's written decision on the issue referred vvill be final and bi�zding an the Contractor, subject ta the provisions of Paragraph 10.06. ART�CLE 10 — CHANGE� IN THE WORK; CLAIMS; EXTRA WORK 10.1 Authorized Changes in the Work A. Withozit ia�validating fhe Contract and without notice to any su�rety, City rr�ay, aL atay time arfram tune to ii�x�e, otder Extra Work. Upon notice of such Extra Work, Contractor sh�all promptly proceed vvith the Wor� involved which will be performed under t�e applicable conditions of the Cantract Documents (ez�cepi as otherwise specifically provided). E�tra Wark shall be memorialrzed by a Change 4rderwhich may or may not precede an ord er of E�tra work. B. For minor changes of Work not requiring changes to Contraci Time or Contract Price, a Field Ordermay be issued by theCity. C1TY OF FOR�' WORTH STANDARD CONSTRUCTIQNSPECIITCATION bOCUMEMITS Rcvision: Mareh 9, 202D ao�zoo-z GENERALCONDITIONS Pagc 3 9 o f G3 10.2 Unauthor�ized Changes in the WaNk Contractor shalI not be enti�led to an incrcase in the Contract Price or an extension o� th� Coniract Time with respect io any work perForrned that is not required by the Contract Docuinents as amended, modified, or supp�ernenied as provided in Paragraph 3.04, except in the case of an emergency as provided inParagraph6.17. 10.3 Execution of Change Orders A. City and Contractor shall execut� appropriaie Change Orders covering: changes in the Work r�vhich are: (i) ord ered by City pursuant to Paragraph 1 D.O1.�-1., {ii} requirea because oi acceptance of defective Work Uzader .Paragraph 13.08 or City's correction of defective Workund�rParagraph 13.Q9, or (iii) agreed ta by theparties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any und isputed sum or amount of time for Work actual�y perFormed . 10.4 Extf-a Wor�k A. Should a difference az-ise as to whafi does or does noi constitute Exira Work, or as to the paymer� thereof, and the Ciiy insists upon its performance, ihe Contractor shali proceed with the work a�ter making wriiien request for wz-itten orders and shaII keep accurate account of tk►e actual reasonable cost thereof. Contract Claiz�ns regarding Extra Work shall be made pursuant to �'aragraph 10.06. I3. The Contracior shall furnzsh tk�e City such installation records of aII deviaiio�s from the original Contract Documents as may be necessary to enable the City to prepare for permanent reco�d a corrected set of plans showing tk►e actual installation. C. The cornpensation agreed upon for E�ira Wark whether or not ini�ia�ed by a Change Ozrler sha11 be a fu11, complete and final �aaymeni for all costs Contractor incurs as a result or reIating to the change or Extra Work, vvhether sazd cosis are knawn, unl�own, foreseen or uz�£oreseen at ihat time, including wi�hout limitation, any costs for delay, e�ended overhead, ripple or impact cost, or any other effect an changed or un.c�anged work as a result of the char�ge or Exira Woxk. 10.5 Not f cation ta Surety If the provisions of any bond require noiice to be given to a surety oi any change affecting the general scope of the Work or the provisions of the Contract DocUaxaents (including, but not Iimited to, Coritract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. Tl�e amount of each app�icable bond will be adjus�ed by the Contractor �o reilect �the efFect of any such change. CITY OF FO1ZT WORTH STANDAIiI] CDNSTRUCTTbN SPECTFTCAT[ON DOCiJMLiVTS Re�ision: Mairch 9, 2D20 oo7zoo-� GENERAL CaND]TIONS Page 40 of 63 1 D.6 Contract Claims Process A. City s Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referrad to the City for decision. A decision by City shall be z'equired as a condition precedent to any exercise by Contractor of any rights or remedies he may ot�erwise have under the Cantract Documents or by Laws and Regulatians in respect of such Contract Claims. I3 Natice: 1. Wriften notice stating the general naturre of each Contract Claim shall be delivered by the Cantractor to City no later than 15 days after the start oi the event giving rise ihezeto. The xesponsibility to substar�tiate a Contract CIai�xa shail rest with th� party making the Contract Claux�. 2. Noiice of the amouni or extent of the Coniract Claim, with supporting data shall be delivered to the City on or before 45 days from the sta� of the event giving rise fihereto (uniess the Ciiy allows add�tional time for Contractor to submit additional or mare accurate data in support of such Contract Clai�x�}. 3. A Contract CIai�n for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4, A Contraet Ciaim for an adjustment in Contract Time sHall be prepared in. accardance with the provisions of Paragraph 12.02. 5. Each Contraci Claim shall be accarrtpanied by Contractor's vvritten statement that the adjustment claimed is the entiz�e adjus�ment to which the Corrtractor beIieves it is entitled as a resuIt of said event. 6. The City shall submit any response io the Confractor within 30 days after receipt a� the claimant's last submittal (unless Contract allows addi�ionaltime). C. City s Actian: City will revie�ov each Contrract Claim and, within 30 days after receipt of the Iast subnaiitalaf the Contractor, ifany, take one ofihe following actions in writing: 1. denythe Contract Claim in whole or in part; 2, approve tk�e Cantract Claim; or 3. notify t�e Contrractor tha� the City is unable to resolve ihe Contrac� Claim if, in the City's sole discretion, it would be inappropriate for the City io do sa. For purposes of further resolution of ihe Contract Claim, such notice sha11 be deemed adenial. CiTY OF FORT WO�iTFi STANDARD COI�SI'liUC7TON SPECIIICATTON i70CiJMENTS 12evision: March 9, 2020 oo�zoo-i G�NERAL CONDITIOf�S Page41 of63 D. City's wriiien action under Paragraph ] UA6.0 wi�l be final and binding, unless City or Contracfor invoke the dispute resolutio� procedure set forth in Article 16 within 30 days of such action or d enial. �. No Contract Claim for an adjustment in Cozaizact Px•ice or Contract Time will be valid if not submitted in accordance wit11 this Paragraph 10.06. ART�CLE l l— C��T OF THE WORK; ALLOWANCES; UNIT PR�CE WORK; PLAN� QUANTITY MEASUREMENT Il.l Cost of the Work A. Costs Included.• The term Cost of the Work m�ans the sum of aII costs, except t�Zose excluded in Paragraph 11.Q1.B, n�ecessarily incurred and paid by Contracior in the proper performance of the Work. When the value of any Work covered by a Change Oreler, the cosis ta be reimb�rsed to Contractor wvill be only those add i�ionai or incremental costs required because of the change in the Work. Such costs shall zaot incIude any of the costs itemized in Paragraph 11.O1.B, and shall include but not be limited ta the following items: l. Payroll costs for einployees in the diu-ect emplay of Contractor in the perforrtiance of the Work under schedules of job cIasszfications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for ennpIoyees not employed fuIl iime on the Woric shall be appo�iioned on the basis of thezz� tizaae spent on the Work PayroII costs shall includ e; a. salaries with a 55% markup, or sa�aries and wages plus the cost of fringe benefits, whic� shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement beneiits, bonuses, sick leave, vacation and holiday pay appIicable thereto. Tkze expenses oi performing Wo�c ouiside of ReguIax Working Ho.urs, Weekend Working Hours, or legal holidays, shall be included i�n the above to the extent authorized by City. 2. Cost of a�l rzaaterials and equipment furnished and incorporated in the Work, including costs of transportat�on and storage thereof, and Suppliers' field services reyUired in connection therevvith. Rentals of a11 cons�ruction equipment and machinery, and the parts thereof whether rented from Contractor or oihers in acco�rlance with rental agre�ments approved by City, and ihe casts of transportation, loading, unloading, assembly, dismantling, and remova� thereof. All such costs shall be in acco�ance with ihe terms of said rental agreements. The rental of any such equipmenti, machinery, or parts sl�all cease when the use thereof is no Ionger necessa�ry forthe Work. CTTY OF FORT WORTH STANDARD CONSI'RUCTTON SPECIFICATIOI*! DOCiIIviEN1'S 1Zevision: March9,2020 007200-1 GEIVERAL CaNQi'FIONS Pagc 42 of 63 4. Payments made by Contractor to Subcontractors for Work perFar�ned 6y Subcontc-actors. If required by City, Contractor shall obiain competitive bic�s fz-om subcontractors accepiable to City and Contraci:or and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that tk�e ,Subcontractor is to be paid an ihe basis af Cost of the Work pIus a fee, ihe 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 co�sultants (including but not limited io engineers, architects, testulg laboratories, surveyors, attorneys, and accountants) employed for services specifzcally related to the Work. 6. Supplemental costs including the followi�g: a. The proportion of necessary transportaiion, travel, and subsistence e�penses of Contractor's employees incurred in discharrge of duties connected with the Work. b. Cost, including transportation and maintenance, of al] ma�erials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools nai owned �y the workers, which are consumed in the perfo�ance 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 ofiher similar ta�es related to the Work, and for which Contxactor is Iiable not covered Under Paragraph 6.11, as itx�posed by Laws and ReguIations. d. Deposrts lost for causes other than negIigence of Contractorr, a�y Subcontractor, or anyone directly or ivadirectly employed by any of them or forvvhose acts any o�them may be iiable, and royalty payments and fees %r permits and licenses. e. Losses and darz�ages (and related e�penses) caused by damage to the Work, not cotnpensateol by insuz-ance or otherwise, susiair�ed by Contractor in connection with the performance of the Work, provzded such losses and damages have resulted from causes other than ihe negligence of Contracior, any Subcor�ractor, or anyone d irectly or indirectIy employed by any of them or for whose ac�s any oi them may be liable. Such losses shaIl include setilements made wi�h the wriiten consent and approval of Ci�y. No such losses, damages, and e�pense� shaII be included in the Cost of the Work for the puYpose of determining Contractor's fee. f, The cost o�utiIities, fuel, and sanitiary facilitzes ai the Site. g. Minor expenses sucH as teIegrams, long dzstance telephone caIls, telephone and co�rununication s�rvices at the Site, express and courier services, and similar petty cash iterns in connection with the Work. CITY OF FbRT W012TH STANDARD COI�SfRUC'I`IONSPECIITCATION DOCUIvJ�.,�+]'I'S Revis iou: Mareh 9, 2020 aa7zoa-i GEiV�f�AL CONDITIOI�lS Page 43 of fi 3 h. The costs of premiums for all bands and insurance Contractor is required by the Co�tract Documents to purchase and mainiain. B. Cos�s Excluded: The term Cost ofthe Work s11a11 not include any ofthe following items: Payroll costs and other compensation of Cor�tracior's officer,s, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, archiiects, estimators, attorneys, auditors, accouniants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel emp�oyed by Co�tractar, whether ai the Site or in Contractor's p�incipaI or branch office for general administraiion of lhe Work and not specifically included iva the agreed upon schedule of job classifzcations referred to in Paragraph 11.O1.A.1 or speczf�ca�Iy covered by Paragraph 11.O1.A.4, a�l of which are to be considered administrative costs cov�red by ihe Contractor's fee. 2. Expenses of Contractor's principal and branch afFices other than Con�ractor's office at the Site. 3. Any part af Contractor's capitaI expenses, inciuding interest on Contractor's capital empIoyed forthe Work and c�arges against Contracior �or delinquentpayments. 4. Costs due to the negligence of Contractor, any Subcozatzactar, or anyone direcily or indirectIy employed by any of them or for whose acts any of thetn may be liable, including but not limiied to, the carrection of de%ctive Work, disposa� of xz�;aterials or equipment wrflngIy supplied, and rx�a�Cing good any damagetopropef�ty. 5. Other overhead or general expense costs of any kind. C. Cont�actor's Fee: When all the Work is performed on the basis of cost-plus, Contractoy's fee shall be determined as set forth in the Agreement. When the value of a�y Work covered by a Change Order for an adjustmezat in Cantract Price is deiermined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.OI .C. D. Documentation: Whenever ihe Cost of ihe Work for any purpose is to be determined pursuant to Paragraphs 1L�1.A and 11.O1.B, Contractor will estabIish and maintain recoz�s thereof in acco�lance with generaliy accepted accounting practices and submit in a fortn acceptable to City aza itemized cost breakdawn together with suppartingdata. 11.2 Allowances A. Specified Allowcmce: It is understood that Contractor has included in the Contract Price all allowances so named in the Coniract Documents and shall cause the Work so covered to be performed for such sums and by such persons or eniities as may be acceptable to City. 1� Pre�bid �llolvances.• l. Contractor agrees that: CITY OF FORT WORTH STAI�DAI2D GONSTRilCT10NSPECIFICATTON DOCUMF[�TS Rcvision: Ma�� 9, 2020 007200- I GENERAL CONDIiIONS Yage 44 of 63 a. the pre-bid allowances inc�ude the cost to Con�ractor of materials and eyuipment required by the allowances to be delivered at the Site, and all applicable ta�es; a�ci b. Coniractor's cos�s for unloading and handling on the Site, labor, installaiion, averhead, profzt, and other expenses con�emplated for the pre-bid allovvances have been included in the allowances, and no demand for additional payment on account of at�y of t�e foregoing wiII be valid. C. ContingencyAllowance: Contractor agrees that a contingency allowance, if any, is for the sole use of Ciiy. D. Prior io final payment, an appropriate Change Otrier will be issued to reflec� actual amouni:s due Contractor on account of Work covered by allowazaces, and the Contract Price shall be co�espandingly adjusted. 11.3 Unit Price Wo�k A. Where ihe Cantract Documents provide that aII or part of lhe Work is io be Unit Arice Worl�, initialIy ihe Contract Price will be deemed to incIude for all Unii Price Worrk an amaunt equ�l to ihe ,sunn o� the unit price for each separately id entified item of Unit Price Worrk iiza�es t�e estimated quantity of each item as indicated inthe Agr�em�nt. B. T�e estimated quazatities of items of Unit Price Wark are not guaranteed and are solely for the purpose of comparison of Bids and de�ermining an initial Contract Price. Determinations of the actual quanii�ies and classificatians of Unit 1'rice Work performed by Contractor wiII be rnade by City subject to the prrovisions of Paragraph 9.05. C. Each unit price will be deemed ta include an amount consic�ered by Contractor to be adequate to cover Contractor's overhead and profi� foz• each separately identified item. Work described in the Contract Documents, or reasonably iaiferred as required for a functionaIIy complete installation, but not identified in the listing of uzait pzice items shall be considered incidenial to unrt price vvork listed and the cost of incidentalwork iz�cluded as part of theunit pricc. D, City may make an adjustmeni in the Contract Price zn accardance with Paragraph 12.01 if: 1, fihe quantity of any iterr� of Uni� Price Work pe�rfortned by Contractor differs materially and signiiicantIy frorn the estimaied quantity of such itenn ind icafed in the Agreement; and 2. there is no corresponding ad jusiment with respect to any other item of Work. E. IncNeased or Decreased Quantities: Tl-ie City reserves the rright io ott�er Extra Woric in accordance with Paragraph 10.01. If tk�e changes in quantities or the aI�erations do not significatatly change the charac�er of work u�der the Coniract Document�, th� a�tered wark r�vill be paid for at the Contract unit price. CITY OF FORT WOR"1'T T STANDARD COI�5I'RTJCT70NSPECIFICATIDN DOCUMiN7'S Revis ion; Mar�h 9, 2020 007200-1 GEN�RALGOND�TIOIVS Page45 of63 2, If the changes in quantities or alteratiions signifzcanily change fihe character of work, ihe Contract will be amended bya Change Order. 3. If zao unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance withArticle 12. 4. A s�gnificant change in the characfier oiwork occurs when: a. the character of work far any Item as altered d iffers materialIy in �ind or nature from thai in the Contract orr b. a Major Iteinof worrk varies by more lhan 25%from the original Cozatzact quantity. S, When the quantity of vvork to be done under any Major Itern of the Contract zs zzaore fhan 125% of the original quantity stated iza the Contracfi, then eiiY►er party to the Contract may request an adjustment io the unit price on t�e portion of the work that is above 125%. 6. When the quantity of worIc to be done under any Major Item of the Contract is less than 75% of tk�e original quantity staied in the Contraci, then either parly io fihe Cantract ma� reques� an adjustmen# to the unitprice. 11.4 Plans Quantity Measurenzent A. Plans quaniities �nnay or may not represent the exact quanti�y of work perForined or matcrial moved, handied, or placed during the execution of ihe Contract. The es�irnated bid qUantities are designated as f'vnal payment quantities, unIess revised by the govexning Sectian or this Ariicle. B. If the quantity nieasured as ou�lined under "Price and Payment Pz-ocedures" varies by more than 25% (or as stipulated under "Arice and 1'ay�nent Procedures" for spec�ic �tems) from the total estimated auantily for an itadividual Item originally shovc+n in the Co�tract Dacuments, an adjustmerit may be made to the quantity of authorized work done for payzx�ezit purposes. The party to the Corrtraci requestzt�g the adjustment will provide field measurements and calculations showing the final quantity for which payment will be rnade. Payinent for revised yuantity wiIl be madc at the unit price bid fori�at I tem, except as provid ed for in Article 1 fl. C. When quantities are revised by a cha�ge in design approv�d by the City, by Change Order, or to correct an error, or to correct an error on t�e plans, the plans quantiiy will be increased or d ecreased by the amount invoIved in the change, and the 25% variance will apply to the new pIans quantity. D. If the iotal Cantract quantity muItiplied by the unit price bid %r an individual Item is less than $250 atad the Itein is not originally a plans quantity �iem, then the Item may be paid as a plans quantity Item ifthe City and Contractoragree in writing to fixthe iinal quantity as a plans quantity. CITY OF FORT WOKTT-T STAN]aARD CONSTKUCTTONSAECIFTCATTON DOCUMENTS Revis ion: March 9, 2020 oo�oo-i GENERALCONDITIONS Page4G of63 E. For callout vaork or non-site speci�ic Contracts, the plans quantity measurement re�uirerr�ents are not applicable. ARTICLE 12 — CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12,1 Chcrnge ofCont�cactPrice A. The Contract Price may onIy be changed by a ChangeOrder. B. The value o� any Work covered by a Change Order will be d etermined as follows: I. where the 'L�ork involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the iiems involved (subject �o fihe provisions of Paragraph I 1.03}; or 2, where the Work involved is not covered by unit prices containe�i in the Contract Documents, by a mu�ually agreed lump sum or unit pr�ce (which may include ata allawance for overhead and profii not necessarily in accordance with Paragraph 12.O1.C.2), antd shall include the cost of any secondary i�npacts that are fareseeable at th� time of pricing the cost of Exira Woric; or 3. where the Wor1� involved is not covered by unifi prices contained in the Contract Documents anc! agre�ment to a lurr�p sum or unii price is not reached under Paragra�h 12.D1.B.2, on the basis of the Cost of ihe Worlc (detezxx�iz�ed as provided in Paragraph 11.0 �} plus a Contractor's fee %roverhead and profit (detennined as provided in Paragraph 12.O1.C). C. Contraclor'sFee: The Contractor's additional fee for overhead and profit shall be deiermined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, t11en a fee based on the fol�owing percentages of the various portionsof the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.1, 11.O1.A.2. and 11.01.A.3, the Contractot�'s additianal %e shaII be 15 percent excepi foz: 1) renial fees far Contracior's own equipment using stazad ard rental rates; 2} bonds and insuzance; b. for costs incurred under Paragraph 11.01.A.4 and l 1.O1.A.5, the Cont►•actor's fee sha11 be five percent (5°/a); 3) vvhere one orr z�aore 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.O1.C.2.a and 12.01.C.2.b is that the Subcontractor who actually perFortns the Work, at whaievez CT7'Y OF FORT WORTH STANDARD CONSI'�2iJCT[ONSPECIITCATI�N bOCiJ3vl�.'NTS 12evision: March9, 2020 00 72 00 - 1 G�N�RALCONDfTIONS Page 47 of G3 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontracior uz�der Paragraphs 11.01.A.1 and 11.O1.A.2 and that any higher tier Subcontractor and Contractor wilI each be paid a fee of five percent (5%) of the amaunt paid to th� next lovver ii�r Subcontra�ctor, however in no case shaII tk�e cumulafiive total of fees paid be in excess of 2S°/n; c. no fee sha�i be payable on tk�e basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.B; d. ihe amount of credit to be aIIowed by Contractor to City for any change which results in a net decrease in cos� vviil be the amaunt of the actual nei decrease iu� cost plus a deduction in Contractor's fee by an amaunt equal to five percent (5%) of such net decrease. 12.2 Change of Contf-actTime A. The Contract Time may only be changed by aChange Order. B. No eatension of the Corntract Time will be allowed forExira Wark or for cIaimed delay unless the Extra Wor1� contempla�ed ar clauned delay is sho,wn to be on the criticaI path of tihe Project Sched ule or Contractor can show by CriticaI Path Method analysis how the Extra Work or claimed delay adversely affectsthecriticalpath. 12.3 Delays A. Where Contractor is reasonably delayed in the performance or coxnpletion of any part of the Work within the Contract Ti�x�e due to delay beyond the controI of Cantractor, the Contract Tune may be ext�nded in an amouni equal to the fiime lost due to such delay if a Contract Claim is made therefor. D�lays beyand the control of Contractor shall include, but nat be 1'united io, acts or neg�ect by Cifiy, acts or neglect of utiIity owners or other con�ractors pez�orming other work as contempIated by Article 7, fires, floods, epidemics, abnormaI weather conditions, or acfis of Goc�. Such an 'adjustment shall be Contractor's sole and exclusive remedy for the delays describod in this Paragraph. B. If Contractor is delayed, City shall not be Izable #o Contractor for any clairns, costs, losses, or damages {including but not limited �o all fees and charges of engineers, archiiects, aitarneys, and other professionals and all court or arbi�ration or other dispute resolution costs) sustained 6y Cantractor ar� or in connection with an� oiher project or anticipated projeci. C. Contractar shall not be entitled to an adjustment in Con�ract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shail be deemed to be delays wiihin the contrrol of Contractor. D. The Cantractor shall receive no compcnsation for delays or hindrances to the Work, excepi whein direci and unavoidable ez�tra cost to the Contractor is caused by �he iailure of the Cii:y to provide information or material, if any, which is to be furnished by the City. C1TY OF FORT WOIL'I'I-J STANT7ARD CONSTRUCTfQN SPECIITCATTON T70C[3MEIVTS Revis ion: Mareh 4. 2020 oo��oo-i G EN ERAL COI�lDITIOiVS Page48 of63 ART�CLE 13 — TESTS AND INSPECT�ONS; CORRECTIUN, R�M�VAL OR ACCEPTANCE OF DEFECTIVE WORK 13.I Notice ofDefects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, orr accepted as provided in this Article 13. 13.2 Access ta Work City, independent testing laboratories, and governzx�ental agencies with jurisdictzo�al interests will have access ta t�e Site and the Work at reasonable ti�a�es for their observation, inspecizon, and testing. Contractor shall provicie them proper and safe conditions for such access and advise t�em of Contractor's saFety proced ures and programs so that they zxzay comply therewiih as applicable. 13.3 Tests and Inspections A. Contractor shall give Czty timely notice of readiness of the Work �or all required inspections, tests, or approvals and shail cooperate with inspection and �esting personnel to faciliiate requ�rad inspections or tests. B. If Co�ract Documents, Larvs or Regulatioi3s of any public body �aving jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Cozairactor shalI assume fu�l responsibility for arranging and obtainin�; such independent inspections, tes�s, retests or approvals, pay all cos�s in connection therewith, a�d furnish City the required certificates of inspection or appzoval; excepting, howe�er, �hose fees specificalIy identified in the Supplementary Conditions or azay Texas Departmen# of Licensure and Regulation (TDLR) inspectiorns, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and sl�all pay alI costs in connection wit� any inispec#ions, tests, re-tesis, or approvals required for City's acceptance of ma�erials or equipment to �e incorporated in the Wark; orr accep�ance of materials, mix d�signs, or equipment submitted for approval priar to Contractor's purchase th�reof for incorporation in the V1Tork. Suah inspections, tests, re tests, or approvals shall be performed by o�ganizations acceptable to City. D. City may a�ange for the services of an indepex�dent testing laboratory ("Testiz�g Lab") to perform any inspections or tests ("Testing") for any part of the Work, as detertnined solety by City. 1. City wiII caardinate such Testing to the �xtent possible, with Contractar; 2. Should any Testing under this Section i3.03 D result in a"fail", "did nat pass" or other sunilar negative result, the Contractor shaIl be responsible far paying for any and all retests. Contractor's canceIlation without cause of Crty initiated Testing shall be deemed a negative resul� and require a retest. CITY bP FORl' WORTH STANDARD COI�ISTRLTCITONSPEGIFICATIa1V DOCUMEt+]TS Re�ision: Ma�h 9, 2020 o��zoo-i GENERAL CONDITIONS Pagc 49 of b3 3. Any azxxounts owed forr any reies� u�derr th�s Section 13.03 D sha�l be paid directly ta fhe Tesiizag Lab by Contracior. City will forwarrd all iz�voices for retests to Contractar. 4. If Coniractor fails to pay ihe Testing Lab, Ciiy wiIl not issue F�iz�al Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tes�ed, or approved is covered 6y Contractor without wri�#en concurrenee of City, Contractot• shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shalI be at Conttactor's expense. G. Contrac�or shall have the right to make a Contract Claim regarding any retest or invoice issued under Sec#ion 13.03 D. I3.4 Uncavering WaYk A. I� any Work is covered contra�ry to ihe Contract Documents or specific instructions by the City, it must, if rec�ue�te� by City, be uncoverec� for City's obse�rvatzo� and xeplaced at Cont�-actor's expense. B. If City considers it necessary or advisable that covered Worrk be obserrved by City or in�spected or tested by oihers, Contracior, at City's request, shall uncover, expose, or other-c�vise make available for observatior�, 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 thai the uncovered Work is defective, Contractor shall pay aII clairns, costs, losses, and damages (including bui not limited to a11 fees and charges of engineers, archiiects, aitorneys, and other professionals and all coutt or otherdispute resoIutton costs} arising oui of or relating to such uncovering, �posure, observation, inspec�ion, and testing, and of satisfactory replacement or reconstruction (includ ing bui not limited to all costs of repair or replacement of work of others}; or City shall be entitled to accept defective Worlt in acco�iance with Paragraph 13.08 in which case Contractor shall stil� be responsible fo�• aII costs associated with exposing, observing, and testing the defective Work. 2. If the nncovered Work is not found �o be det�ective, Contractor shall be allowed an increase in the Contract Price or an extension of fihe Contract Time, or both, directIy attributable to such uncovering, exposure, observation, inspeci:ion, tesfiing, replacement, and reconstruction. 13.5 City May Stop the Worlc If the Work is defective, or Contractorr fails to supply sufFicierrt skiIted workers or suitable materials or equipment, or fails to perform the Work in sucl� a way that the compieted Work will conform to the Contract Documents, City may order Contractor to stop ihe Wark, or any portion thereof, until the cause for such order has been etiminated; however, ihis �ight of Ciiy to stop tk�e Wor�k shaIl not give rise to any duty on tf�e part of Ciiy to exercise this right for the benefit of Contractor, any CITY QF FORT WORTH STANDARD CONSTRUCTTONSPEC1iTCATION DOCUME[�lTS Re�ision; Mareh 9, 2020 D07200-1 GENERAL CONDITIONS Page 50 of 63 Subcontractorr, a�y Supplier, any other individual or entity, or any surety for, or einployee or agen� of any of thein. 13.6 Correctian o� .�enaoval of Defective Work A. Prornptly al�ier receipt of written notice, Contractor shaII correct all defective Work pursuant to an accepiable schedule, whether or �ot �abricated, installe�d, or completed, or, if ihe Work l�as been rejected by City, remove it from the Project and replac� it with Wark that is not defective. Contractor shall pay aII claims, costs, add'hional testing, losses, and damages (i�ncluding �ut not limited to all fees and charges of engineers, architects, atkorneys, and other professionals and all court or arbitration or other dispute resoIution costs) arising oUt of or relating to such correction or removal (including but not limiied to all cos�s of repair or repIaceine� of worrk of others). Failure to require the removal of any defective Work shaII not constitute acceptance of such Worrk. B. When correcting de%ctive Work under the terms of t�is Faragraph 13.06 or Paragraph 13.07, Contrractor shall take no action that would void orr othezwise impair City's s�ecial warranty and guarantee, if any, on said Work. 13.7 Co�rection Period A. If wi�hin two (2) years a$er the date of Final Acceptance (or such longer period of time as may be prescribed by the tertx�as of any applicable special guarantee requirod by the Contract Docurnenis), any Work is found to be defective, ar if the repair of any damages to the land or areas inade available for Contractor's usc by City or pennitted by Laws and Regulations as conte�nplated in Paragraph 6.10.A is found io be defective, Contractor shall promptly, without cost to City and in accordance with City's writtezz i�nstructions: 1. r�pair such d efective land ox areas; or 2. correct such defective Work; or 3, if the defective Work has �een rejected by City, remov� it from ihe Project and replace ii with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to oiher Worlc, to the work of others or ofiher land or areas resulting therefrom. B. If Contxactor does not promptIy comply with the terrris of City's written insttuctions, or in an err�ergency where deIay would cause serious risk of loss or damage, City may have ihe defective Work corrected or repaired or may have ihe rejected Woz� removed and repIaced. AII claims, costs, losses, a�d damages {including but not �imiied to all fees and charg�s of engineers, architects, attoz�neys, and other professionaIs and all court or other dispute resoIution costs} arising out of or relatizag to such correcfiion or repair or such removal and replacement (including but not limited to a11 costs o�repair or replacement of vvork of oihers) will be paid by Contractor. CITY OF FOIi'�' WaRTH STAA]DARD CONSTRUCTIONSPECTFICAT[ONDOC[3ML'I�TS Revision: March 9, 2020 007200-i G�NERAL CON�ITIONS Page51 ofG3 C. In special circumstances where a particular item af equipment is placed iti contivauous service before Fizxal Acceptazace o� all il�e Work, t:he correction period for that item may start to run from an earlier date if so provided in the ContractDocuinents. D. Where defective Work {and damage to other Work resulting therefrom) has been corrected or removed and replace� under this Paragraph 13,Q7, the correction period hereunder with respect to such Work rnay be requ�red to be extended for an additional period of one year after the end of the initia� correctian period. City shall provzde 3� days written noiice to Contractor should such additional warranty coverage be required. Contracior tnay disp�xte this requirement by filing a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 aze in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be cozzstz-ued as a substitute for, or a waiver of, the provisions oiany applicable statutie of Iimitaiion orrrrepose. 13.8 Acceptance of Defective Work If, instead of requir:uzg conrection or reinoval and repIacement of defective Work, City prrefers to accept it, City may do so. Coniractor shall pay all claims, cosis, losses, and damages (including but not �imited to aIl fe�s and charges of engineers, architects, attorneys, and oiher professionals and all co�rt or other dispuie resolution costs) attrihutable to City's evaluatian of and determination to accept such defective Work and for the diminished value of the Work to ihe extent not otherwise paid by Contractor. If any such acceptance occurrs prior to Final Acceptance, a Change Otrler vvill be issued incorporating the necessary revisions in the Corrtract Documents with respect to the Work, and City shall be entitIed to an appropriaie decrease in ihe Contract Price, reflecting the d iminished value of Work so accepted. 13.9 City May CorrectDefective Wo�k A. If Contractor faiIs within a reasonable time after writien notice from C�ty to correct defeciive Work, or to remove and replace rejected Woz� as required by City in accorrlanc� with Paragraph � 3.06.A, or if Cantracior fails to perfonn ihe Wo�c in acco�3 ance with the Contract Documerrts, or if Contractor faiis to comply �ovith any otherr pxovision af the Contract Documents, City may, a�terseven (7) days written notice to Contractor, correct, or rezx�edy any such deficiency. B. In exercising tl�e rights and remedies u�der this Paragrapk� 13.09, City shal� proceed expediiiously, In connection with such corrective or remedial actioza, City may exclude Contractor fro� all or part of the Site, take possession af aIi or part of the Work and suspend Cantractor's services related thereto, and incorporate in the Work all materials and equipzx�ent zncorpoz-ated in �he Work, stored at the Site or for which City I�as paic� Coniractor but which are stored elsewhere. Comractor shall allow City, Ci�y's representaiives, agents, consultants, enr�ployees, and City's other c�ntractoxs, access to the Site fio enable City to exercise the rights and rezx�edzes under this Paragraph. C. AII claims, costs, losses, az�d damages (including but not limited to aII fees and charges of �ngineers, architects, aiiorneys, and other pro%ssionals and alI couri or otl�er dispute resolution CI"I'I' Ok FORT W�RTH STAt�II] ARD C�ISTRUCTTONSPECI EiCA1"f ON DOCUMEPfTS fievision: Ma�h9, 2fl20 007200-I GENERALCON[71TIONS Page 52 of 63 costs) incurred or sustained by City in exercisu�g the rights and remedies under fihis Paragraph I3.�9 will be charged against Coniractor, and a Change Otrler wiIl be issued incorporating the z�ecessary revisions in the Contraci Documents with respect io the Work; and City shall be entitled io an appropriate decrease in the Contract Arice. D. Contrac�ar shall not be allowed an extension of the Contract Time because of aciy deIay in the perf`orrnance of the Work at�ributahle to the e�ercise of City's rights and remedies under this Paragraph 13.09. ART�CLE 1�-- PAYMENTS TO CONTRACTOR AND COMPLETION 191 Schedule of values The Schedule of Values for lur�x�p sum contracts established as provided in Paragraph 2.07 will se�t�ve as the basis for progress payme�ts and will bc incorporaied into a form of Application for Payment acceptable to City. Progress payxnents on account of Unit Price Worrk will be based on the number of units completed. 14.2 ProgressPayments t�. Applications for Payments: l. Contractor is responsible for providing alI information as ret�uired to beconae a vendor oi the City. 2. At leasE 2a days before the date establis�ed in the GeneraI Requirements for each progress payme�zt, Contractor shall submit to City �or review an A�lication far Payzxaent filled out and signed by Contractor covering the Woz-k campleted as of the daie of the Application and accompanied by such suppor�ing documentation as is required by the Contract DocUments. 3. If payment is req�aested on the basis of �naierials and equipm�nt not incorporated in t�e Work but delivered and suitably stored at the Site or at another location agreed to in wri�ing, the Application for Payment shall also be accozxapanied by a bill of sale, invoice, or ather d ocurnentation warranting that City has received the materials and equipment free a�zd ciear of all Liens and eviderzce that the materials and equipment are covered by app�priate insurazace or other arrangemenis to protect City's irtterest thereiu�, aII of which must be satisfactory io City. 4. Beginning with the second �.pplication %r Paymerrt, each Applzcaiion shall include an affida�vii of Cont�actor stating that previous progress payments received on account of the Wark ha�ve been applied an accouni to discharge Contractor's iegitimate obligati�ns associated with prior Applications forPayment. The amount of retainage w�tk� respect to progress payment,s wiI� be as stipulaied in the Contract Documents. GITY OF FORT WOIZTH STANDARD CONS`I'1ZIUCTTOM SPECIFTCATfON DOCUMEN'fS ltevision: March4, 2020 oo�zaa-� GENERAL CON�ITIOiVS Page 53 of 63 I3. Review af Applicatians: City will, after receipt of each Application for Payment, either indicate in writing a recoznmend ation of payment or return the Application to Contrractor ina icating reasons for rrefusing payment. In the latter case, Contrac�or inay make th� necessazy carrections and resubm�t tk�e Application. 2. Ciiy's processing of any payment requested in an Application for Payment will be based an Ciiy's observations of ihe executed Work, and on City's review of the Application for Payment and ihe accoinpanying data and sck�edules, fhat to the best of City's knotn�ledge: a. the Work has progressed to the point ind�cated; b. the quality of the Work is generally in accordance with the Contract Docurr�ents (subject to an evaluation of the Work as a funciioniu�g whole prior to or upon Final Acceptance,the results of any subsequent tests called for iz� the Contract Documenfis, a final determination of quant�ies and classifications for Work perfozxx�ed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Prrocessing any such payment wilI not thereby be deemed to have repxesented that: a. iaispections made to check the c�uality or the quantity of tk�e Work as it has been performed have been exhaustive, e�er�ded to every aspect of the VVor� in progress, or involved detailed inspections of the Work beyond the responsibilities specifzcally assigned to City in th� Coz�tract Documents; or b. there may not be other matters or issues between the par�ies that might entitle Contractor to be paid addzt�onallybyCity or entitle Cityto withhold paymentto Contractor, or c. Contractor has coinplied witk� Laws and Regulations applicable to Contractor's perforx�aa�ace of the Wark. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the zesults of subsequent inspections or tests, and revise or revoke any such payment previously made, to such eatent as may be nec�ssary to protect City from loss becaus�: a, the Work is defective, or the completed Work has been dainaged by the Corrtractior or his subcontrac�ors, requiring correction or replace�nnent; b. discrepancies in quantities contained in previous app�zcations forpayment; c. ihe Contract Price has been reduced by Change Orders; d. City has been requ�red to carrect defective Work oz complete Work in accordance with Paragrraph 13.09; ar CITY OF FORT WOIZTH STANDARD CONSTRUCTIOt�i SPECIFTCA'ITO%i DOCUMEN'I�S Revision: Ma�h9, 2020 DD7200-1 G�N�RAL COIVDITEDNS Page 54 of 63 e. City has actual �Cnowledge of the occurrence o� any of the events enumera�ed in Paragrapla 15.02.A. C. Retainage: 1. For coniracts less than $AOD,000 afi the time of execution, retainage shall be ten percent {1 Q%). 2. For contracts greater than $400,Ofl0 at the time of executian, retainage shall be fiv� percent (5%). D. Liquidated Damages. For each calendar day that any work shal� reinaiz� uncampteted after ihe tune specified in the Contract Documents, the su.m per day specified in the Agreement, will be deducted from the rnonies due the Contractor, not as a penalty, but as liquidated dar�aages suf%red by the City. E. Paymenl: Cozatractor wili be paid pursuant to the reyuirements of this Article 14 a�d payment will become due in accord ance with the Contract Docurzaents. F'. Reduction in Pcrymetat: 1. City may refuse io make payment of the amount requested because: a. Liens have been filed in connection with tihe Work, e�cept where Contractor has delivered a specific bozad satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items e�titling City to a set-off against the atx�oun� recommend ed ; or c. City has actual knowledge of the occurrence of any of the events enumeraied in Paragraphs 14AZ.S.4.a througk► 1�4.02.B.4.e orParagraph 15.02.A. 2. If City refuses to make payment of the amount requested, City wilI g�ve Contractor wriiien notice stating the reasons for such action and pay Contractor any amount remaining after deduction af the amount so withheld. City shall pay Contracior �he atnount so withheld, or any adjustnnent thereto agreed to by City a�d Contractor, when Contractor rrezxaedies the reasons for such actian. .14.3 Cant�actor's Wc��r�aniy of Title Contractor warrants and guarantees that iitle to all Wor�, ma#erials, and equipment coverred by any Application for Paymeni, whether incorporaied in the Project or not, will pass to City no later fhan the time of paymen� free ar�d clear of all Liens. CITi' OP FORT WOR�'Ei 51'AMDARD COI�tSi'i�UGTION SP�CIIICA7TON DOCUMENTS Revis ion: March 9, 2020 007200-1 G�NERAi.C�NDITIONS Page 55 ofG3 14,4 PaYtial Utilizatian A. Priarr to Final Acceptance of all the Work, Cily may use or occupy any substantially campleted part of the Wor� which kzas specifically been identii'ied in the Contract Documents, or which Ciiy, detennines cons�itutes a separately functioning and usable part of the Work that can be used by City for its intende� purpose without significa��t interference with Contractor's perfotmance of the remainder of �he Work. City at any time inay notify Contractor in writing to permit City to use or occupy any such part of the Workwhich City detezmines to be readyfor its intended use, subject io the following conditions: 1. Contractor at any time may notify City in wriiing that Contractorr coz�sic�ers arzy such part of the Work ready for its intended use. Within a reasonable time after not�ica�ion as enumerated in Paragraph 14.OS.A.1, City ancl Contractor shall make an inspection of that part af the Work to determine its status of co��pletion. If City does not considcr that part of the Work to be substarrtially complete, City will natify Contractorin writing giving the r�asans tnerefor. 3. Partial Utilizatioz� will not const�#ute Final Accep�ance by City. 14.5 Finallnspection A. Upon vvritten notice from Contractor ihat tkze entire Work is complete in acco�dance with the Contract Documents: I, witl�in 10 days, City will scheduIe a Fizaal �nspection with Contractor. 2. City will no�ify Conlractor in writit�g of all particulars in which this inspection reveals tha� the Work is incornplete or defeciive. Contractor shall i�xvnnediateIy take such measures as are necessary to complete such Wor1� or remedy such deficiencies. S. No time charge will be made against the Contractor between said date of notification af the City and the date of Final Inspection. Should ihe City deter�nine that the VLTor� is noi ready for Final rnspection, City wiII notify the Contractor in writing of tihe reasons and Contract Tim� will rresuzx�e. 14,6 FinalAcceptcrnce Upon campletion by Contractorto City's satisfaction, af any additional Work identified in the Final Inspection, City will issue ta Contractor a letter of Final Acceptance. CiTY OF FORT WORTH STANDARD C�1VSI'RUCTION SPECI h'TCATTON DOCUMENTS Revision: March9, 2020 007200-1 GENERALCON�IT�ONS Page 56 of63 14.7 Final Payment A. Applicataan for Payme�at: 1. U�on Final Accepiatace, and in the opinion of City, Coniractor inay make an application for final payment followiz�g the procc,dure for progress payments in accor�lance witk� the Contract Documentis. 2, The ftnal AppIication forPay�x�ent 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 ir�surance requi�z-ed by Paragraph 5.03; b. co�sent of thesurety, if any, to fit�aI payment; c. a list of all pending or released Dannage Claims against City that Coz�tractor beIieves are uns�t�led; and d. affidavits of payments and complete and legally ef%ctive releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. I3, Pay�nent Becosnes Due: 1. After Ciiy's accepiance of the Application for Payrne�t and accampanying documentation, requested by Contractoz, Iess previaus payinents zx�ade and any sum City is entitled, inc�udingbut not limited to liquidated damages, nvill becoz�ae due and payable. 2. After all Damage C�aims have been resolved: a, directly by the Contractoror; b. Contractor provides evide�ace that the Damage Claun has been reported to Contractor's ins�arance provid er for resolutior�. 3. The rx�a�Cing of fihe finaI payment by the City shall nat relieve the Contractor of any guarantees or other requirements of the Contract Documents which specificaIly continue thereafier. 14.8 Final Completion Delayed and Pa�tial Retainage Release A, If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Cantractor's final Application for Pay�ent, and without terminating the Contract, make payment of t�e bala�ce due for that portion of the Worl� iully completed and accepted. If the rernaining balance to be held by Ciiy fbr Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnishe� as reguired in Paragraph 5.42, the written consent of the surety to the paymen� of the balance due foz- that CIT'Y OF FORT WORTkI STANDARD CONSI'RUC'I'IQN SPECII1CA170I�I DOCUMEN'fS Revision: March 9, 2020 oo�aoo-i GENERALCONDITIONS Page 57 of 63 portzon of t�e Work futly completed and accepted shali be subnn itted by Contractor to City with the Applicatian for such payment. Such payment shat� �e inade under the terms and conditians governing f�in�al payment, except that it shaI� not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and perlormance periods foIIovving the COl'S�p��1011 of all other construction in the Contraci Documents for a11 Work locations, the City may release a portian of the amouni retained provided that al� other worlc is compl�ted as determined by the Crty. Befare the r��ease, ail submittals and final quantities musf be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 19.9 Waiver ofClaims The acceptance oi final payment will constitut� a release of the City from all claims or liabilities under tl�e Contract %r anything done or furnished or relating �o the work under the Contract Documents or any act or neglect of Ciiy related to or connected with the Contract. ARTiCLE i5 -- SUSPENS��N OF WORK AND TERMINATION 1 S.1 City May Suspend Work A. At any time and wzthout cause, City may suspend ihe Work or any portion thereof by written notice to Cantractor at�d whic� may fix �he date on which Work r�vill be resumed. Contractor shall resume the Worlc on the daie so fixed. During temporary suspension of the Worrk covered by these Coniract Documenis, for any reason, the Cifiy will make no extra pa�ment for stand.-by time of consiruction equipment and/or construction crews. B. Should tl�e Contractor not be able to cornplete a portion af the Project due to causes beyand the control of ar�d without the fault orr negligence of the Contractor, and shauld it be dete�ined by mutual consent of the Contractor at�d Crty that a solution to aI1ow constructian io proceed is not available within a reasonable period of iime, Contractor may rec�uest an extension ita Cozaiz-act Time, directly attributable to anysuch suspension. C. �� it should become necessary to suspend ihe Worlc far an indeiinite period, the Contractor shall store ail �naterials in such a rtianner that they will not abstn:zct or impede the public unnecessarily nor became damaged in any way, and he sha�� take every precaution to prevent damage or deterioration of the work performed; he shall prrovzde suitable drainage about the worlc, and erect te�nnporazy structures where necessary. � D. Contractor may be reimbursed for the cost of moving his equapment off the job and r�turning the necessary equipznent to the �ob when it is deiermined by the City that construction may be resumed. Suc� reimbursement shall be based on actual cost to the Contractor af moving the equipment and z�o profi� will be allowed. Reimbursement may noi be allowed iithe equipment is moved to another construction project for the Cily. CiTY OF FORT W�RTH STANDf�IiD CONSTRUCTION SPECIN�TCA7TON BOCUMENTS Ravision: Mareh 9, 2ff2D oo�raoo-i G�NERALCOND]TIONS Yage 58 of63 15.2 City May Te�minate fo� Cause A. The occurrence of any one or more of the following events by way of example, but not of limitation, may justify #erminaiion forcause: 1. Contractor's persistent failure to pez�£oxm the Work in accorelance with the Contract Documents (i�cluding, but not Iimited to, failure to supply sufficient sl�illed workers or suitable materials or equipment, faiIure to adhere io ihe Project Scbedule established Under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the Cz�y's Business Diversity Enterp�•ise Orrlinance #20a20-12-2011esfiab�ished under Paragrraph 6.06.D); 2. Contractor's disregard of Laws orReguIations of anypublic body having jurisdiction; 3. Contractor'srepeated disregard ofthe aUthority of City;Qr �. Contractor's violatioz� in any substantial way of any provisions of the Conlract Documents; or 5. Contractor's failure to pror�xxptly malce good any defect in materials or warkmanship, or defecis of atty nature, ihe cozx�ectian of which has been direcied in �vriting by the City; or �. Substantial indicatiott thaL the Contractor has made an unautharized assignment a� the Contract or any funds due therefrozxi for the benefit of any croditor or for any other purpose; or 7. Substantia� evidence that the Contractor has become insolvent or banl�upt, or othenvise financially unable to carry on the Worr� satisfactoriiy; or S. Contz-actor commences legal action in a court of competent jurisdiction against the City. B. If one or xnore of the events identified in Paragraph 15.02A, accur, City will provide vvritten notice to Contractor and Surety to arrange a conference with Contractor and Surety io address Contractor's failure ta perform the Work. Conference shal� be �eld not later than 15 days, after receipt of notzce. 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 Regulaiions, declare a Contractor default and formally terminate the Contractor's right to compleie the Contract. Contractor default shalI not be declared earlier than 20 days after the Contractor and Surety have receivecf notic� of conference to address Contractor's iailure to perform ihe Work. 2. If Contractor's services are terminated, �urety shaII be obligated to ta�e over and perFo�n the Work. If Surety does not coznznence perFormance thereof within 15 consecutive caIendar days after date of an additianaI wz-itten notice demanding Surety's performance o� �ts CT'I"Y OF FORT WORTH S"1'ANI7ARD CONSI'RUCITON SPEGIFiCATTON DOC1[JMENTS Revision: IVlarch 9, 2020 oa�zoo-i GENERALCONaITIONS Page59 of63 obligations, then City, without process o�� action at lavv, �nay take aver any portion of �he Wor1c and complete it as described below. a. If City compl�tes tk�e Work, City may excIude ConCractor and Surety frorri the site and take possession of the Worlc, and all materials and equipinent znicorporated into the WorIc stored ati ihe Site orr for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Woxk as City may deemexped iettt. 3. Whether City or ,Surety completes the Work, Contractor shall r�ot be entitled to receive any futther payment until ihe Wo� is finished. lf the unpaid balance of the Contract Pz'ice exceeds all claims, costs, losses and dartx�ages susiained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claitns, costs, losses and da�zaages exceed such unpaid baIance, Contractor s�all pay the diiference to City. Such cIaizns, costs, Iosses and damages incurred by Ciiy will be �ncorporated in a Change Orc�er, provideci ihat when exercising any rights or remedies under thzs �'aragraph, City shail not be required to obtai� the Iowest price forthe Work perPor�ned. 4. Neither City, norr any of its respective cor�suItants, agents, offzcers, directors or �mployees shall be in any way liab�e ar accountable to Contractor or Surety foz• the method by which ihe completion of the said Wark, or any portion thereof, may be accoz�nplished or for the price paid therefor. 5. City, notwithstanding the zx�et�ai used in completing the Contract, shall not faifeit the right to recover damages froin Contractor or Surety for Contractor's failure to timely complete the entire Cor►tract. Contracior shall not be entitled to any claim on account of the method used by City in completing ihe Contract. 6. Maintenance af the Wor2� slaall continue to be Coniractor's and Surety's responsibilities as pravided %r in the bonci requirezx�ents of the Contract Documenis or any special guarantees pravided for under the Contract Documerrts or ai�y other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs I5.02�, Co�tractor's services will nat be tertninaied if Corrtractor begir�s wit�in seven days of receipt of notice of zntent ta terminate to correct its failure to pez�orm and proceeds diligently to cure such failure withiz� no more than 30 days of receipt of said noiice. D. Where Contz•actor's services have been so terminated by City, the termination vvill not affect any rights or renaec�ies of City against Contractor ihen ez��sting ar which may thereafter accrue. Any reiention or payment of moneys due Contracior by Citywill not release Contractor from liability. E. If and to the exteni ik►at Contractor has �rovided a perfo�x�ance band under th� provisions of Paragraph 5.02, the termination procesdUtes of that bond shall not supersede the provisions of this Article. CITY OF PORT WOIt'I'I� STAMDARD CONSf1tUCT[ONSP�CIFICA"PION DOCUMENTS Revis ion: March 9. 2020 00 72 00 - i GENERALCONDETIONS Pagc GO of63 15.3 City May Te�mznate For Convenience A. City may, �vilhout cause az�d without prejudice to any other righi or rezxzedy af City, terminaie the Contract. Any Lermination: shall be effected by mailing a notice of the ier�x�inatlon to the Contractor specifying ihe e�tent to which perForma.nce of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of ihe notice sha1l be deemed conclusively presumed and estiablished when t�ae letter is placed in the United States Pastal Service Mail by the City. Further, it shall be deezned conclusively presumed and established that such termination is made with just cause as the�rein stated; and no proof in any c�aim, demand or suifi shall be required ofthe Ciiy regarding such dzscretfonary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contracior sk�all: 1. Stop worr� und erthe Contract an the d ate and to the extent specified in the notice of�erinination; 2. place no further orders or subcontracts for materials, sez-vices ar facilifiies except as may be necessa�y for comp�etion af suchportion of the Work underthe Contract as is not terminaied; 3. terminate all orders and subcontracts to the e�ent that the� relate to the perforrrianc� of the Work terminatied by notice oftermination; � �. trans�er title to the City and deliver in the mar�ner, at the times, and to the extent, ii any, d�rected by the City: a. the fabricated or unfabxicated parts, Work in progress, completed Work, supplies and ofiher material produced as a par� of, or acquired in conneciion with the perFormance of, the Wark terminated by the �otice of the tennination; and b. t�e completed, or par�ially cornpleied plans, drawings, information and otk�ex property which, if the Contract had been coz�pleted, would have been required to be fuxnished to the City. 5. complete performance of such Worrk as shall not have been terminated by t�e z�otice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection anci preservation of the property related to its coniract which is in the possession of the Contractorand i� which fhe owner has or may acquire the rest. C. At a time not later iha�a 3a c�ays after the terrr�ination date speci�ied in the notice of termination, th� Contractor may subznit ta the City a Iist, certified as to c�uantity and quality, o� any or all items of termination inventozy not previously disposed oF, exclusive of items the disposition af which has been directed orauthorizedbyCity. CITY OP FORT WOIZTI-I S7'ANDARD C�NSI'I�UCT[ON SPECIITCATION T70CiJMENTS ]tevisian: Mareh4, 2Q20 00 �a oo- � GEN�#�ALCaN�IT10NS PageGl of63 D. Not later than 15 days thereafter, the Cziy s�all accept title to such items provided, that the list subzx�itted shall be subject to verification by the Ciiy upon removal af the items or, zf the items ar� stored, within 45 days from the c�ate of subrnission af the list, and any necessary adjustments lo correci ik�e list as submitted, shall be made priorto final settlement. �. Not later than GO days after th� notice of termination, t�e Cantractor shaII subtnit his te�ainaiion 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 Coniractor, and granted by the City, any and all such claims shall be conciusively deemed waived. F. In such case, Contractor shaII be paid for (without d uplication of a�y items): l. completed and acceptable Work execu�ed in acco�ance r�vith the Contract Documents prior ta the effective date of termination, including fair and reasonable sums farr overhead and profit on such Work; 2. expenses sustained prior to the efFective date of t�rmination in perfonning services and furr�ishing labor, materials, or equipinent as reyuired by �he Contract Documents i� connection with uncompleted Work, plus fair and reasonab�e sums for overhead and profit on suc� expenses; and 3. reasonable expenses directly attributable totez�aair�a�ian. G. Ir� the event of ik�e failure of the Contractor and City to agree upon the whole amount to be paid io ihe Contractor by reason of the termir�ation of the Work, ihe City shall deterrr�ine, on the basis of information available to it, the amount, if any, due to tk�e Contractor by reason ofthe iennination and sha11 pay to the Co�tractor the amounts determined. Contractor shall noi be paid on account of loss of anticipated profits or revenue or other econonaic loss arising out of or resulting frorn such termination. ARTTCLE 16 — DISPI7TE RESOLUTION 16.1 Methods and P�ocedu�^es A. Either City or Contractor may request mediation af any Contract CIaizn submitted for a decisian under Paragraph 10.06 before such decision becomes fir�aI and bindit�g. `The request for modiation shall be submitted to the other pa�tty to the Contract. TimeIy subtnission of the request shall stay the effect of Paragraph l 0.Q6.E. B. City and Corrtractor shall par�icipate in the mediation process in good faith. The pxocess shall be coi7unenced within 60 days of frling of the request. C. If the Co�tract Claim is not resolved by zx�ed iaiion, City's action under Paragiraph 10.4b.0 or a denial puxsuant �o Paragraphs 10.a6.C.3 or 10.�6.D shall become final and bindi�t�g 30 days after ierrnination of the mediation unless, within ihat tizaae period, City or Coniractor: CITY OF FORT WORTH STANIJARD G�iVSTRUCTIONSPECIFTCATTOIV DOGUivIINTS Revision: Maroh9, 2020 OD 72 00- 1 GENERA� CONDITIONS Page 62 of63 1. elects in writi�g ta involce any other d ispute resolution process provided for in tl�e Supplemeniazy Conditions; ar 2. agrees with the ot�er party to submit the Contract Claim io another d ispute resolution process; or 3. gives written noiice to the oihez- party of the intent to submit the Contract Claim to a court of competent jurisdiction. ART�CLE 1'� — MISCELLANEOUS 17.1 GivingNatice A. Whenever any provision of the Contract Doc�unents z-equires #he giving of wriiten notice, it wiII be deez�ed tahave been validly given if: 1. delivered in person to the ind ivid ual or to a inember o� the firm or to an officer of the corporation forwhom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last �usiness ad dress known to ik�e giver of fihe notice. B. Business address changes must be promptly made in writing to t�e oihearparty. C, 'UVhenever ihe Contract Docuzaaents specifies giving notice by electronic means such elecironic notice shall be deemed sufficient upon coniumation of receipt by the receiving par�y. 17.Z Computation of Tirnes When any period of time is referred io in the Cantract Documents by days, it will be camputed to exclude the first and include the last day of such period. Iithe last day of any such perial falls on a SaiUzd ay or Sunday or on a day made a legal haIiday the next Working Day sha�l become the last day of the period. 17.3 Curnulative Retnedies The duii�s and obligations imposed by these General Conditions and th� rights and remedies avazlable hereunder to the parties hereto are in addition to, and aze not to be construed in any vvay as a limitation of, any rights and remedies available to any or all of t�enn which are otherwise irnposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Docurr�er�ts. The prrovisions of this Paragraph wiI� be as effective as if repeated specificaIIy in the Contract Documents ita connec�ion with each particular duty, obligation, right, and remedy to r�vhich they apply. CITY OF FORT WOitTH STANDARD CON SI'R[JCTIONSPECIFTCAT'EOM DOCUMtiNTS Revision: March 9, 2020 ao�zoo-i GEN�RAL CONQITIONS Page 63 of G3 17.4 Survxval of Obligations All represez�tations, indemnification,s, warranties, and guarantees mac�e in, required by, or gzven in accordance with the Contract Documents, as well as all continuing obligations indicated zn the Con�ract Documents, will survive final payment, completion, and acceptance of the Wor� or t�rmination orr completion of the Contract or termination of the services of Contractor. 17.5 Headings ArticIe and paragraph head ings are inserted for convenience only ane� do not constitute parts of these General Cond itions. CITY OP FOR'1' WORTH STANDARD CONSI'RUCTIONSPECIF7CATION DpCUMCNTS Revision:tvlaroh9, 2020 00 �3 oa - � SUl'PLEMENTARY CdN➢ITIONS Page 1 of7 i SECTION QO '�3 00 2 SUPPLEMENTARY CONDITiONS 3 TO 4 GENERAL CONDITIONS 5 6 '1 8 9 10 11 12 l3 14 15 I$ 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 az 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Supplementary Conditions 1'hese Supplementary Conditions modify and supplexa� ent Section 00 72 60 - General Conditions, and other provisions ofthe ContractDocurr►entsasindicatedbelaw. All provisions ofthe GeneralConditionsthat are modified or supplernented remain in full force and effect as so modified or supplemented. All provisions ofthe General Conditions which are not so modified or supplemented xett�ain in fuil force and effect_ Deiined Terms `I'he Ce��nsused in these Supplementary Conditionswliich aredefinedin theGeneral Conditionshavethe meaningassigned to them in the General Conditions, unless specificaliy noted herein. Modifica�ions and Supplements Th e foIIowing aj•e in strucC[on s th at m odify or supplcm ent sp ecific paragraphs in ihe Genei� l Conditions and oth er Contract Docuzn eza Es. SC-2.02-2.04., "Preliminary Mattet's" �11`k� r�rr�o�:wnrk w90,ek�R�t.�i�L�lr�n��rfir�k.[iYlllt�)I71lPlLxWl�a�: �1"Ci� CatY11�1��?t`NIiu1I fLll'�T�I �YCI ��IIIlCG�itkla; luhor, ee�,i i�,��ii+tr�:. � i n rfs��s�i�oM�ic�i�. u3�+Mn��ee, ��m Cf3n iid ci�h�rs�ivic�.� r�a�:esan �J+ dr�r�r{MM�+��r� ir,ti[c� ililt[#n {}f�ti'et;R ��dti�5 fvi'Ih[�['It�' �;Ffj'�nl'fIY �irntlh �j��s�l:sj}n1'f711C�1'iR��I f'�u}1CIC��11'ftix I��1�`�urini�aN,C�'ii7�;okku�+��7u9 ti�yi�a I11iIIIQfIl1}; S111Ci i7�i4'f41[ii�4F111f �ik'��' �rl ��7��ipn:er�t ln ��r}'nrrr� �mrlr nsrir.rr�ed, �1a�{arinl,�hn II Irw �ftiYhEgrt� n61�Rtn4'g��Cfiol�iwe��t'reci��lill�,�n��(r�c4•�7t�lti�t�3;�y�. — - — - � ��' �q� �4i'�lil� NVI� � - - � _iborlt�ip�or��kJ il��i ilt�� c� Lsrin3aC�l�Lh��13Li�c �vur�_� ts�i�sx�nr.nl ��f llnintlnr�[1 �ni�tii�k.aS�. MOBILiZATION 1'L�S: ,j�r .:�Fnir.��,�,U' �lor�i� li� r�3!ifti+� l�s +:Il�r�e �i �rtiahi�i��luFn f�cc �5i �u�lll�: �lisLilCut� I Ifrc m{�n�hfy �v��rlE orcl�rs v� li�c iw I�:�� IIfAn � I Il,lli�{� �i�.r tiurirk �sq��l;. _ hl�s ln� ilxillaatl n Fcc vril� Iwe �ai�1 Jl�- li,� �wEF�k c�rdcr i� iys�ecl dtirir«� �TSt��1F, CITYOFFORT W012'fH 2D2D On-Call $treet Light Contract STAA]DARIJ CONS`I'1ZUCTION SPECIFICATlOi� DOCU1vEENTS RevisecE January 22,2Q 16 U073UO-2 SUPYL1:11QENTARY CDNDITIONS Pagc 2 of 7 1 z 3 �4 S 6 7 8 9 1Q 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 SC-3.03B.2, "Resolving Discrepancies" Plans govern overSpecifications. SC-9.41A Easement 1'vnits shown on the Drawing are approximate and were provided to establish a basis far biddfr►g. Upon receiving the #inal easennents descriptions, Contractorshallcomparethem tothe lines shown on the Contract Deawings. SC-4.01 A.1., "Availability of La�tds" The following is a list ofknown outstandingrighti-of-way, and/areasemcntsto beacquieed, if any as of Outstanding Rigl�t-Of-Way, and/or Easements io BeAcquired F�RCEL O WNER NUMBER None TAAGET DA`I'F OF POSS�SSION The Contractor understands and agrees thaf the dates listed above are estiimates anIy, are not guaranteed, and do not bind the City. �f Contractor consideas the final easements pmvided to differ maierially from ihe representations on the Contract Drawings, Contractor shall wiYhin five (5) Business Days and before proceeding with the Work, notify Ciiy in writing associatedwith the dif'fering easemer�t iine locations. SC-4.01A.2, "Availability of Lands" YJtilities or obstructions to be removed, adjusted, a�d/or relocated The following is Iist ofuiilities a►acE/orobsttvctionsthathavenotbeenremoved,adjusted,and/orrelocated as of EXPEC'I'�D UTILITY ANJ) LOC�ITION OWNER TARGE"I' DATE OF ADJLJS'I'MENT None 31 32 33 34 35 36 37 38 39 40 41 The ConE�'actor understands and agrees that the dates Iisted above are estimates only, are not guaranteed, ancE do noti bind the City. SC�4.02A., "Suhsurface and Physical Conditions" The fallowitag are reports of explora[ions and tests of subsurface conditions at the site of the Work: None The fallowing are drawings of physical condilions in or relating to existir►g surface and subsurface structures (exceptUzaderground Facilities) which areator contiguous to the site of the Work: CITY OF F0127' WORTH 2O20 On-Gall Slreet Light Contract STANDAlt17 CONSTIiL1CTION SP�CIkICr\TIONDOCUNI�NI'S Reviscd .Tanuazy22,2016 0073 00 -3 SUPPLEI�+1�I1'1'ARY CONDITTONS Pagc 3 af 7 l 2 3 4 S 6 7 8 9 1D 11 12 13 14 IS iG l7 18 79 20 21 22 23 2A 25 26 27 28 29 30 31 32 33 34 35 36 37 38 34 40 41 42 43 44 AS 46 47 48 49 50 51 52 53 54 55 Nane SC-4.06A., "Hazardous �+ nvironznental Condifions at Site" T'he follawing are repo��ts and drawings of existing hazardo us environmental conditions known to the Clty: None SC-5.03A., "Certificates oflnsurance" The entities listed below az'e "additionalinsureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: None {3) Other: None SC-5.04A., "Contracto�'s Insurapce" The limits of liability forthe insurance requu•ed by Paragraph GC-5.04 shall provide the fotlowing covet'ages fornot less than thefollowing amounts orgreaCerwhere required by �aws and regulatians: 5.04A. Warkers' Compensation,underPara��aphGG5.04A. Statutory lim its Employer's liability $1�O,OQD eachaccident/occun�ence $lOfl,ODD Disease - each employee $500,000 Disease -palicy limit SC-5.U4B., "ContA•actot''s Insnrance" 5.045. CommercialGeneral Liability, underParagraph GC-5.048. Contractor'sLiability Insurance under Paragraph GC-5.04B„ which shall beon a per project basis cove�ing the Contractorwith minimum limits of: $1,OQ0,000 each occui�'ence $2,OOO,a00 aggregate limit The policy must have an endo�'sem ent (Amendment—Aggeegate Limits of Insurance) makingthe General Aggregate Limits apply separately to each job sile. The Commercial General Liability Insurancepolicies shall provide"X", "C", and"U" coverage's. Verification of such coverage must be shown in the Remarks ArCicle ofthe Certificate of Insurance. SC 5.04C., "Contractor's Insurance" 5.44C. Automobile Liability, underParagraph GC-5.04C.Contractor'sLiability Insuj'anceunder Paragraph GC-5.04C., which shall be in an amountnot less than the following amounts: (1} AuEomobile Liability - a commercialbusiness policy sha�l provide coverageon "Any Auto", defined as autos owned, hired and non-owned. $1,000,000 each accidenton a combined single Iitnii basis. Split limits are acceptable iflimits are at least: CITYOFFORT WORTH 2O20 On-Cali Street Light Contract STANI7ARD CONSTRUC"1'I ON SPECiF[CATI�N DOC[JMENCS Kevised 7ffnuary 22, 2016 00�3 00-4 SUPPL�M�IVTA[iY CONDiTIONS Page 4 of 7 7 8 9 10 11 12 13 14 15 lb 17 1R 19 20 21 22 23 24 25 26 27 28 :� 3) 3I 32 33 34 35 36 37 38 39 4d 41 42 43 44 45 46 47 48 49 5� 51 52 53 54 55 $25Q,QOQ 13odily Injury per persoz� / $SOO,Q00 Bodily InjuryperaccicEenC/ $100,000 ProperiyDamage SC 5.04D., "Contractor's Insurance" The Contractor's construction activities will require its employces, agents, subcontractors, equipmcnt, and materialdeliveries to cross railroadproperties andtracks: The Contractorshallconducti[s operationsonrailroad properties in such am�annerasnotto interfere with, hinder, or obstruct therailroad company in any mannerwhatsoeverin the use oroperation of its/their trains oz' other �rroperty. Sucli operations on railt�oad peoperties may requic•e that Contractioz' Co execute a"Right of' Entiy Agreea�a ent" with the particu larra ilroad comp any or companies involved, and io this end th e Contt-actorshould satisfy itself as to the requirements of each railroad company and be prepared to e�ecute the rig[Zt-of-entry (if any}required by a railroad company. The requirements specified hei-ein likewise relate to the Contractot''s use of p�7vate and/orconstruction access roads crossing said railroad company's peoperties. The ContractualLiabifity coveragerec[uired byParagraph 5.04Dofthe GeneralCondi[ionsshall provide coverage for not less than the foliowing am ountis, issued by companies satisfactoiy to lhe City and to the Railroad Company fora term that continuesfoz'so long asthe Contractor's operations and work cross, occupy,or iouchrailroad propci�ty: (1) W_�c:rr�.iiilA}�,�ut�: {2) 1=��itCk��rrr�7[`�; S_c 'r��rli��u� �. ��r r.r _��Uf��t� � ll�crar � !��€�1��.�lF��1 _1��id�H��le'�I �#�� fJxi,s ( 'f�flllkld'J ,4'{�� +��t�ir�rtir! for �h�a C'o��fi��rre� {�,�.j,•raA• urt '.1"� ,+c�.,r r+� �frr�rr��f�rx��irJr�r��_s��t��fr��r�r�aai•�� frr�.rr��r�r��l�r C'�r+fl��rfc'l�ti�o�ar'rcr�o�-rlJ.x�. With respecttotheaboveoutlinedinsurancerequirements,thefollowitag shallgavern: I, Where a singEe ra ilroad company is involved, the Contractorshall pz�vide one insurance policy in the name of thc railroad company. However, if mare than one grade separation arat-grade crossing is affected by the Project at eniirely separate locations oaa lhe line or lines of the same railroad company,separatecoveragemayberequired,eachin theaaxaountstatedabove. 2. Where zaaore than ane railroad company is operating on the same right-of-way or where several t�ilroad co�trtpanies are invol�ed and operated on their own separate rights-of=way, Ci�e Contractor mayberequired to pravide sepa�•ateinsurancepoliciesin thenameofeachrailmadcompany. 3. If, in addition tio a gade separation or an at-grade crossing, other wark or activity is pz�posed on a raileoad company's right-of way at a lacation entit•ely separate from the grade separation or at- grade ceossing, insurance co'verage for this work must 6e included in the po2icy covering the grade separa tion. 4. If no grade separation is invol�ed but other work is ptnposed on a railroad company's right-of- way, aII such other work may be co�+ered in a sing�e policy for thal rail�-oad, even though tlze work may be attwo armare separate ]ocations. No work or aclivities on a eaiL•oad company's propexty to beperformad by the Contractorshal] be commenced untilthe Confractorhasfuinished the City with an original policy or policies ofihe insurance for each railroad company named,asrequu•ed above. All such insurance mustbe approved by the City and each affected Railroad Company priorto the Contt�acior''s beginning work. CITY OF PORT WpRTH 2D20 On-Call Street Light Contract STANIJARD CpNSTRUCTION SPECIFTCATTON DOCITMEt�lTS Revised ]anuary 22, 2016 OD7300-5 SUPPLEMENTARY COND1T10NS Page 5 af7 5 6 7 8 9 IO 11 12 13 14 15 �6 1� 18 T9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 3'7 3S 39 4Q 41 The insurance specified above mustbecarried until all Work to be pei�ormed on therailroad right-of-way hasbeen completedandthegrade crossing, ifany,is no longer usedby the Cozatiractor.ln addition, insurance must be carried du�'it�g all maintenance and/orrepairwork performed in the railroadright-of way. Such insurance must name the raal�'oad company as the insured, together with any tenant or lessce of the railroad company operatingover tracks invo]ved in theProject. SC-G.09., "Project Schedule" Project schedule shall be fie�• 3 forthepmject. SC-6.07., "WageRates" The following is theprevailing wage ratetable(s) applicableto thas projectandis provided in the Append �cs: Wage Rates adopted 10/29/2013 by M&C C-26534 SC-6.09., "Pea•miis and Uiiliiies" SC-6.09A., "Contractar obtained permits aud ifcenses" The following are known pert�aiCs and/orlicenses rcquired bythe Contractto be acquired by theCon€ractor. 1. Street Use perrriit SC-6.09B. "City ohtained pet•�nifs and licenses" The following are known permits andlorlicenses required by the Contractto bc acqurredby the City: SC-b.09C. "Outsfanding permits a�ud licenses" 'The following is a list ofknown outstandingpeiyr►its and/orlicenscs to be acquired, if any as of 08/04/216 Outstanding Permifs and/or Licenses to Be Acquired OWNER Pi,RMIT OR LICENSE AND LOCATION None SG7.02., "Coordination" TARC`,ET DATE OF �'OSSESSION The individuals or entities listed below have conlractswith ihe City for theperformanceofotherwork at the Site: Vendor Scope of Work Coordination Authority None 42 43 44 �} 5 �}b �7 SC-5.01, "Commanications to Contractot•" None CITYOFkORTWORTH 2O200n-Call StT'eet Llghi Contrac# STANDARD GONSTRUCTION SYECIFICATION DOCUIvfENI'S Revis ed January 22, 201G ao �3 00 - 6 SUYYLEMENTARY CONf�l'J'iONS Page 6 of 7 2 3 �4 S 6 7 8 9 Id 11 12 13 14 15 16 l7 �$ 19 za 21 22 23 24 25 2fi 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 SC-9.OI., "City's Project Manager" The CiCy's Aroject Managerfor this Contract is Quenell Johuson or iais/her successor pursuan[ to written noiification Frotn the Director of T'ransportaHon and P�blic Wvrks Department. SC-1L�4A-D., "Plans Qvantity Measm�emer�t" Actual quantities may �ary. Contracfors are advised that the quantities shown on the work order are estimates. During the couzse of a job, the City reserves the right to increase or decrease the total estimated quantities of individual iit�e iCems. Unit costs will not bc adjusted to reffect changesitu quantity. SC-13.03C., "Tests and Inspections" None ii_-14.1}2D,, •,[ �it�uid��tr�J Lly�utia��9" M� rI7L' VF'RP}: i1iYiC3' L4 IFL1[ �'Ul1F��4'�Cii �'I��IIII ��14` �L��rf�ls'tl,�,iairht�r{e� v.k3rho�� 4{i.L}�, IIf�L4HiIlIS'4I I,IKi�:ll��} 441If �}L' �i�illtlr�'41 in �iit �iirrt�unl� sh�n�fi h<l�,x,� ,F�i�l si��:��r�l��;�� ut ti�t;tls�ii 1..�r,_l rr� 1hs l��usR rc1i111�n i�� 1�4• �in�tl�, 4.:�•,i�i.illc��i;c:ou�icilt�f(3t�vrir�Fnr.�i4`��l��raGii�i,Jti�i��ill�sllJtrrl';!'crrl'�ibEi�V►'u��:�Cunklitiat�.�iui�_xvlie�+� kks�� _tsii�rui�u�iEt�un��t�ill hE c�u.illt� [lae�tmirun� t�l�rl.�•tia�.�rk,rrJ��_ A�tirun�uf Wt�.ek c_lrElr�� t�."; �,�s� �l�an S,t.lsill,{i�z iC f j�{}iJll,�li� �.{' ��,flOfl,flf � t� 53i�11N].i11:� i❑ I QEI�U�a�_O�i lt, 1d n�t.1 Iti a n� S,Ift��a.�a� _ 1�4!la�i.�� !� �'74i�,'}r� � t��t}Q9.;li,Y ;i9,999,9r� 1,4[�Op04.UC� I �ff��}lM,�t' �lm�siri3� n f I . �q�ii�luicd 1?�xmn}.�� "�'k �'iil.csf� 3'er Du�' �41 E.S I l + I sa4�,{�G I 7 �1_{� I;+ I h0,ii�� 2 d fI.I10 �Ilil,[If; k'cr F.}a yr F'rr dn� ��Cf {��IV ��°r.r I)sly. f"rr tlt�� '�'r slK* Additional days wil! be granted at 1he discretion of thc City due to inclement weatherto complete the wor� order. Time suspenslonrequestsforweatherdelayswill notberequired. Weatherdaysr�vill be determined by theEngineering ManagerorDesignee and will be tracked on a monthly calendar. If the Contractor believes ciecumstances (other than weather) outside his control will delay progress ot� a particular work order, contractor can initiate a request to suspend time. The Contractormust subrn�zt such requests to the City in writing (via e-mail, fax, or Ietter). Suspensions of time will be granled on an individuaI work order basis. Calendar days vvill be caunted againsf each monthly work order untiil the Contractormakes a time suspension request. If all items for all work sites ordered on the monChly work order are not completed within 50 days of Che issuance date, liquidated damages will be wiihheld from the reta�nage fee in tYte amounts described abovc undcr "Delays, Extension of Time, and Liquidation Damages". Ghange ot•der shall not affecf the obligation of contract time frames for material procurement ar work completion. Contract time limits, material procurementtimeframes,andcontractpayitemswill beadjusCedatEngineeringManaget'sdiscretion. SC-14.02�., "�ayment" On the 25th day of each month, the Contractor shall prepare invoace(s} far payments of work perFormed. Al] invoices aic to be submitted to thc �ngineering Managerot' Designee, Transportation and Public Works Department,5001 Jaz�es Ave, Suite 301,Fort Worth, Texas76115. "I'heinvoice must contain dates of installation, work site locations, and corresponding quantitiesforline itezns installed. CITYOFFOR7'WORTH 2O2QOn-Ca11 Street Light Conhact STANDAItb COt+ISTRUCTION ,�PECI FICATIpN DOCLTMENTS Kevised January22,2016 007300-7 SUPPLFMETITARY CONDI'1'[ONS Page 7 of 7 1 2 3 4 5 b 7 8 9 14 11 12 13 14 15 I6 17 18 19 20 21 22 23 24 2S 26 27 28 First Inspection:'1'he Engineering Manageror Designee wil] conduct a visual inspection of each work site on themonthly work oj�der. No paymentswIll be made fora work site until all items ot•dered for the site are comp�eted. If all items are completed and meet ihe specifications, paymentwill be madewiih an automatic 10%retainage fee. Second Inspection: Within 30 days oF compEeting the work, the Enginecring Manager or Designee will conduct second inspecEions to field verify acCual quantities.'I'he amount of tl�e rctainage will be released based on the difference between the invoice quantities and field veri�ed quantiiies. Work order sites with scale drawings will be paid using quantities shown on the scale desigta drawing. SC-16.01C.1, "Methods and Procedares" Tlone �ND OF SECTION Re�ision Lag DATE NAME SUMMARY OF CHANG� CITYOFkORTWORTH 2O200n-Call SCI'eet Light Contract STANBAItD CONSTRUCTIOT� SYECIFICATION DOCUNE�VI�S Revis ed danuary 22,201b 1 r �� • 3 4 5 6 7 8 9 10 11 12 13 14 APPENDIX /�r n n� rr a .a �„ •ir+„+„ ll'G-r��Vpliil A-GLGn [TLGG.7 r�r� n nti u.,,.,..a,.,,., �.,:,;,.,,,,,Y,o„+..i r�,,,,,�.�:,.r „� c:�o GC-6.06.D Minority and Women Owned Business Enterprise Conrzpliance GC-6.07 Wage Rates r�r-� � nn no,..,,;f� r,� r r,-;t:M;o� �, . � � �� i.z,,,,,�� „t;�H � ni n.,�,;� xt.,,,�., n_ t � nn r-�� +a,,,.f ixr,. yr u,.,,,.., �� fi, c�,,.,a.,,.a� rrrxrucc n� z C1TY OF FORT WORT�1 2020 On-Call PavemenE Markings Contracc STANDARD G�NSTRUCT[ON SPECIFICATION DOCLTMENTS Revised .Tuly l, 2Dll ��'o �� '�� r�-� � � �i�y o� For� �No�tli NfRn�r�t� �u�ines� Enterpr�s� S�e��at�ons �P��A►L if��F�U�TI�fV� F�f� QFF�ROR� A��ic�a�r�o� o� �o�.i�v I� tE�c+ inta# ci�ll�r val�t� af l�ie co�y#racE is ��U ff�4_�� or mar�, thon a MBE �r�l��o�tlractfng goaJ is a�Ticabl�, �OLI�Y _�TAT�NiEi11� �� s k�tc �o�lvy o: lfie CiCy ❑� Fo+i V�+urlfi lu �r7sur� �I�$ f��ll �nd ��u�I�bEe �arti�ipaiian Uy Eu2in�rlly Busirress Cnt�r�Fr�s�s (h�BE) :�E llie a�r,�c�reinenf nf all €�oods and sr:rulc�s. All r�yui�a�raer��s a,�d re��o�aliar�s s��;c�d in lhQ �ily's cs�rrer�E i3��s]R��s 171wer�liy E�lerul�se Ofda�an�c� a�a�firs Era k�yFs �id, M6� P�40JE�T ��A�� T3�� Cily`s A?E�� loal s�i7 this �aro�ncl. i� _I � ��Y� �f lha t�ase �id val�e o.` l��f; cnntr�ct �lale; aP E�a#3� fJIN� �nr! 5i3C s��l�[:aa�t�act�r�y� Jaals are estahlis�taed f�r thl5 �ar��t, �h�r� an �fferor n�ust sub€nit krath a �r�� ti��zatia� r-o,�m fln� a�F�k U�MI�;�aRiar� r��s� t� bd d�eixlat� re�ponsivo. ��MP�110.N�� `� �I� �P�C�FI�ATf�N� C1�� C:ikY �%�+�}tra�?�ts '�wi0�G0�,k31 or r�❑r� where a R+IC�� su#�cnnkr�r�ing goal Is �pRhed, �#fercrs a�� re�u�ted �a �afnply with iht� Inir�nl vi ih� L;i3y's Fiuskr�ess �fvc.rsliy Er�#�r�ri�� Orc�inanc,� kry a�� { Gi3e fal�€sy�l�� '!. IUE�et or exceed li�e afi[rve skake� f�J�� 70;�� iNro�rgl� h'I�E sul��ontr��lfng p��iir.i�atian, or �. Nf�el or �uCead lh� aFaav� sl�l�d MI�� goaf thrnr�gh A7�BE JoEni Ven[�r� �ra�iJcipaEPon. a�; 3, Goorl fai#h �FFort ��Cuma�t;ilio�. ar, �4. P�irn� Walsrer sl�r.��er�f2r,ki�n, SUB�VIFTFAI� O� E�EQUERED DO�I�iV#ENTATI�f� f fLE' 9�7�7CIC��]I� CJUCiIfl1$FM�S 111Li$t L}C+ Fc3CZI��ad hy !he F'atrc�y3si�i� [liviai�n, wi�hin [��¢ falfo�ln� [Ilnr�s 81��c�Sed, in order Fof th� �nrFre hlc� I� he corrsidererl rc�pa�sEve �a �h� spoCiiiC�;io«s. 'Tl��e Offerc�r ��rall �i�;�iver R�+� MEGK rfocur��#etia€� �n UefSOt� Ec� :h� ��pr❑Frka�� e�n��5�yee oi ihi �,��r�h2��nc1 [ti�r��i�n znd a�la�n a d�i�elCErne r�;eipt. �;sch ra��i�� r,�r�ll i7r� tr�+�den�e Ihtt�l ;he.�.ily ��oeaved iha dtrc�rnr�i!-sRioi� ir7 tYie ��n� t711fac�tocl. A fexod a�d�4e emai3ed copy w�ll hoi be a�c��#�d. i. ��ibc�ntracror �#��iz�itorr �orm, JE gool fs Fnet o� ax�ee r�ed: ... �. �o��l Fallki ��for# a�cl Suh�on��aetar lltifpza��or� F4rm, If �arll�_la7$k�v� �� I��.s �han sl�te�i r�aa;� 3, ��cf ��lii� �f€ort antf �uhcontraclor Utll]zai�on Farm�.i� n�a f4��_�rl��+��il.�i�: A. �r�me Coni�a�#or �f1l��vgr rarm, iF ycr� tiufll „�]F.r�a�rll #�II ssihCur��ra��:tit�yf5��1�311�Y w�sES; a�.~,�alnt V[+utur� 1=grrn, Ef �0�1 ks IF��fi�7r $Y,CPP,f�{?[�: f6G0aV8d RQ �#1{91' Il7alti �:�Q �5_In.. t1f1 II I� �ecanr,k GERy buslr�ess f�ay a�tee thie hid o��nf�iq dale. 3r.clusi+�e of the bJd a��r�li�g d�t��_ rece�w�d no��a�c�F #han �;o� p,m„ fln �Mte secor�,� sliiy I}us�Fiess day eFt�r Ihe bfd ��rening �la#e. �xr.C4tsPV� oF kloe i�fd np�f;ing �ate. racei�cd e�o �a��r �fi�ar� 2=0� �.m,, QJ7 lii$ S!,'G4f1[� �'+Ik�+ �]4fSiftE-'yS fi8j/ �fier ih� I�;rf n��nln� de��, flxc:l;.�s��4 of !he bld o�errJ�E� date. r��:efvec� nu C�i�r ihan 2;�0 �,rn_, an lF�e se;.�oi►d Cliy busin�ss �fdy �Eler la�� bld o�,eni�i�r cfate. ex��usi�+a vf lh� �Id c�pening ds;Q_ a��c�l+red r�u laier :h4�� 2;0� p_�r,. �n Rh� second G��y husi�ess �ay ,�ftrsr i�i{: hid t�perrfng rJ��. excl�s�vr} of Rh� hid oD�+rii�sq dakn. FAII�UR� i'� ��lY��"�Y V�I'f!i �H� �!l'Y'S C�k�S1N��5 f]IV�I�SITY E�1TER�FilS� �RDIEVIkNC�, WILL R��U�7 IN TME �l[} ��+1G CDAl�il7�f��f� Nb�1-I��SF�I]l�E�iVE T� SPCC�F[C�i�iONS. rAfil.U��'I'{? SU9EJI�T T�iF R��UIl��O lih�� DO��Jh9ENTATiC}A! Y1rll.� F��SIl�7 IC�'�H� �I� k3�INC CONSlD�R�� NON-RFSPO�l�I��. A S�C�i�fD �Jk�l.t�RF f1Vl1,1, l2�SL�L'� IN 'f H� OFFERQR B�(NG D�5[lUA�IFI�a Fpf+k l�k ��tlOf� OF Di�l� Y�AR. THE�� AILURE� IN A FI1fC YEAf� P�RIOQ 1NkL� I��SU�T IN A DI�OU!•1LIF�CATION �CRI�� OF �`Fll�� Y�AF2S. Any �ues#i�ns. please o�nka�t lhe �PFi�a o� E4�sinass Di+rerslLy �l {81T} 33�-�87�. OifiGe oi L�us}nes� l]�,r�rsl�y Err�al�- mv��bftlte@f�rtwarlhlexas,�av P��o��: {��'�} 3��-�67� Rcv. 5! � 5f ! � �TT+�Crin��r�T sn �'ags. I i�f 4 �ORr ��RTI� �ity o# Fo�t Wor�� fifice af 8usin�ss ��v�rs�ty NJB� ��bc�ntr��rsl�upplier�s l�t�liz�t�or� F�r��n C7FF�FCOri ��l�P�NY N�14S�= G#�i�cls ��pEir.al�lr �nx lo tfeM�rJl�o ��E.'$C�] ��G'G��ICe3� �!�{: eifo��r's�artlflcaEion ��t�,��C7'P�AM�: �f ��r�+11��LSE +�Jr;-a,�NV��]µF �� !-��LL �TF�E�� I-IT ��IVT1��1�� ,�a�� 1��{�� Clty'M l4S�E PraJert �qa�; OfFAF4�3 {�'1�� P�o�erl Cornmil�h9nt' J�PRQJFCT NU1lfl9�f# � I 4�� — _ "" I � Q� Id�n�ify all suE��o��ractor�f�u��p��r� yau w�l� use or� �hi� ��r��e�t Falluf� to c�m�lete th�s form, ir� iks �ntJr�ly wiwh r��a��st�d dac�,r-r��ntatl�r�, arrcl recekv�d by t�a Purc��sin� I;)�vi�E�xe� r�o ��ter �h�� 00 �, m. ar� ti7� s�cc�r�d C��i� b��s€��c�ss d�}► �f#er bi� �pa�ir�g, exclus�v� �f E�ld o��trir�� dr�t�, w�lf f�s�l� in #��e �itl I��i�� c�risid�red non,e�spanslve to �id s��x�iii��l�a�ts. ��rticicrsign�d CJffe�n�- r�gr�e� to c�n#er int� a fo�rr��l ��em�nt wi�h #h� A+1BF firm(s) �ist�d in #��s �tRl��#EaM� »d�f�, co��cfitr�nec� upan exec«tian r,� ��orx�ra{:� with ti�� i#y �� ["ort UVor#!�, TI�� in#e�t[�n�l ar�d1�C fcn�w�r�g ;r�pr�s�ntati�r� of f��Es Es �ra��a�ds #�r �ansl��r�tEor� of dlst�kaa�ifrca�on and wlff r�su�t in �� h�ci �ei�g rs�dere� non�f�s��nsiv� �o biol s}�ecif�catiai�s, I�'t8�s I�si�er! #�warcf ine�ting #!ti� pr��ect }�ast i��ii�i tre locut�d It� the sE�c {�� ca�nty maFk�t�iac� �t ti�� tirr�� i bi� nr t#�� b�sinoss F�as a�ic��tJfi�a�t ��sinass Proser�c� Fr� lhe Market�rlaco, fu�ar[�aR��a�e is �lie �eograpl��c area of'�arrant #]allas Den�or�. .�bh�r�� P�rker. aii[1 Vkfls� c�t�rttfe�. P�irr-r� ��#r��ors mtrsC Gci�ntify by ti�r t��+�1 oF aIJ �t��xr.�ntra�to�sfsup�liers. fi�r: rr�ear�s tne ��ve� �f SitbGr�n#Tacti�� b��b1N i�'lL �iYll7i� cOF1#�actarlc€rns��nt I.�', � dieBCt p�yrft�€�t fr0� #hC �]flfll� C4��r�Gt�r �4 a s�rf�co�l��r�r is �onsl��e+� 1'� #ior, a p�yn��7t L�y � subconzeactor �� i#s sij��xl��r is �an�fde��d ��`x tl�r, TF7� pei�'ne c�nt�act�r is F��nsi�?� fo pm�rC�1a a�mof o� pay�aien# �� II ti�r�:d s�b�nntrar.�nrs �den#it7ed a� � h+]�E and �a��t�n� thos� ��ll�rs tow�rr�s r��eFing t�� cantr��t con�rr�itt� c�aai. A�� f�18�s Ih�U�T 8� ��R'�l�l�� FQRE ��NTR�1�T �w1lAl�[7, �ort;flcat�on means khns� firms, loca�eci wlt�ri�� tli� �ia��c�kp�ace, ifka! �iave f�eon tEet�rzn�rr�d #o be a b�na[JtEe rr��Rrofdfy t��,�sir�ess e�rerpr;s� #�y Eh� N�olh Centeai Texa.a Re�E�nz�t Cert€€ir�tto� Agen�y (�1�'iR�� nt! t�� I]al�ael�art UVa�h �+'��Gtori#y �uppkl�r �ovel�pr�enE C�uncll �L}1Fl�V {�i�[J�}, IF F�auling serv�ces a� �#il��e�, tF��r ��#aeor VriEl �� kv�n �r�dit �s I�ng �s #C�� f�8�' ��l�sE�d avu�s ar�d �p�r�tes a� 1�ast an� fully fic�ns�d a�� o��ra[iori�f lr��ck tn b� [�sc� on tM� [;on�r�cR, 7�e Nf �� rna.y �e€�s� tr�c�� rnrE-i annther A+1BE iirrrr, in�ludir�g h�E�� +n+ne�-o{��at�d, and rec�fv� �t�ll Mf3� c�edi�, ih� M1+iH� rx��y lease i��ar,k� �xr�m no�z-MBEs. incEudfng nvJr�er-o�r�:r��od, b�r� wlfl �rr�Gy r�o��v� ��oclit �or khe fees an�i com��s�ians earned �� tf�e MBE �s a��Clinad in �he leas� as�foen�c��rt. _ Rev_ 2l7;lIiA �Oi��C �`4Ri'E� a1 I'hC:F��.a�N�F �a �.rQ�� Pa�de 2 �i 4 Q {�fferors are �ey,�irecf [o ,iJeniiiy ��ubti�ntr�c[arsfs�pp!fers, rogardless af �ie�s; I,e„ �fnari�y and r�or*-h�13E�, ��8� fiirois sre �u b� lislaci firs�, use a��c�itlo�r�l ��r�ks if na�;ssary, F'IatsE nul,� �F��r ur�1y cErttf�d MI�F.� wlll b� �vsir�ka� ta m9�t an Mi3� qfl��. � ��J��4N'fRAG"��FtF��.I��I.CwF2 ° ComPa�ry C�arrErs 7 6� W �� Detaif i3otaEl F�CiC�i�'SS i � g 5Ctl�1C411t�'�#Ct�ll� �W�]pi�e� 'C�I�phar�e��ax - � � FR 1Nork Pur�lt�s�il I��I�ar Amaunt E r�xa RJ r � C811�dC[ �£Sf�41} � «�� a��T�� j ��.F�r�r��. ��,��.�� _ ��• ❑�� ■� �� k�u. �r,s�,� F��'�VOrt�� nr��r�rirwrr�i� �n �-�� l ra� 3 or q �it�rars ar� req�licd l;� idefliliy 'tILL �uhconEract�rg�suF��ll�rs; rega�dles� ni �k��u�, �,� , Mir�oriEy �nd r,�n��43L�E� 'ot�'F. #�rr�s ere ir� �,i[e EI5lefi iirs;, us� sddill4t�al 91�f3et� Gf �tr:�-�_=rt.ar� I'f�ase ri�t�. th�3l �nRk ce�trfl�.1 MR�s +'�ilf ha c�ur�ted to aneei �� h1��]F g4�1_ N SLt��QP1iJ�ACT�R�S�JPPLIL:I� ° Caxll�sf�y Na�rs�= T It7 Lv h a�#ail ��tall Add��.5s k � � �uF1Cer14r�cilR� Sr�ppl�os Torephan��F�x - F E IVr L1faYk purc�iss�d Daliaf Amaunt ��r��ll r � CGr�IaC� F'er&o�� I�� . � �� i��v, ;i��5l19 ��0�7� 1��rr��x _�.t a.'Frp,G�ih�Fc,�T �,q f'�y� �i ol rl Tot€tl ��ll�r �lrnau�t of CVlB� �r�b��r�t��ctorsJS��ii�rs �� 65��00, 0� in��l �a�C�r A�r�ount �f �lar�-14'�� b�a�#ra��or��u�pli�rs $ T��AL �Oi�LA�t 1k�0UNi DF ALL �UB�Ol�1TR�I�TOR��I�PPLl��i� � ��5.❑��}4 Tk�c �ffeFor wrli n�# mak� acEcf�#lons, de��#ions, �C S+1bSkl�4JC�UI�S LO ��1k5 r:�rii�ic:d I�� iF�7arat ti�� riof sp�rov�l a� the �ffic� of �}�a�an��s C�rv��siiy thr�u�� k�� suL�mi�Fal �� a f�eq�res€ fvr Approv�il o� ��rara,q�lAafdr"fiorr farfrr, A�� ur�j�s�ifi�d c�7an�� ar c��letlork s#�alf �� a��ra#erFa� br��ch �f cont{a�i� �nd rnay rtsult In �Iv�ftfi�Rn�r�� Ir� �ecord wi�h t�� pr�c��r�� u��iTycd ii� lfi�.F a[t€�rr�rl,r,�, �`h� Offarr�r sl7al� s�.�l�r�f1 a det�iled �x�rt�ri�[lori of hat� the re[��sied �f�ar��e{a�diki�n or dcf�#a�r� wllf �E��?€:� tFi�: Gorotirrt�l�k�tl �18E c�o�l. If t�i� dai�il �x�la�ai�on Is r�ok skab�r�rEEc��J, il wiff affe�t ih� fnal ��mpl�an�e determin�tion_ - -., _I €3y aFfixina a sigr�a�ure fa t]�Js fo�'�r�, th� (]f�nr�r f�rth�r a�#r�[�s t� pr��rrd�, dire�tly t� #2�� i#y �porr raq�ras#, r.p]r�}71�f� �f�� GCUf�F� i€�fnrm�ti�n f�g�r�ia�� ac#�a1 w�rlc ��rForrr��d by �11 st�bc�rF7t��ctcrrs, irr�ludn�� C�1��{s� �nd an�r s�e�cial �rrar�g��i��fs wiih 4V��s. 77�e �}FF�rns ars� a�r�es ta a«ow a� ��cliC ar�dlor ox�rivr�€�tror� o� any fa�aic�, fi[�CO�'Ci5 �f�d fII6S f��fU b�+ #l��af C�i71�ae�y_ T�� O�rof ��s t0 �I�otN #he LE`2r�Se�'IfssiQ�[ �� rl'kt�fVEQW3 Wfth c�w�e�s, pr�r��lp��s, nfflc:��s, �r�rpfc�y�e� �� Eic�ble suC�c�ntf�c#�r5l��rpli�rs }�a�#iclp�tlrt� �n tho �orilr�ct Ci��t will s�,bstar�ti�tr.� �E�e act��al w+�rlc ��fo�rr3�rJ by tf7a tu�B�(s) or� t�7i� canGr�ci, Isy ar� au113ur��e� n�f�er nr �rn��oyea a1 �he C}riy, �ny ��t��7tioe��i �r�dfor kn�wk�g m�sre�rese�tla€io� of f�cfs wf�l b� �rounrJs fo�' ler�7�ir��t�ny #h� can�ract �t d�f��rr��G� �rorn �iky wor�C fi�e a pa�i�d of r��t l�ss tha� fhr�� {�� +��rs enr� ��r rR�siia[Ir�+� ��ti�r� und�r E=el�r�r, �tai� crr L�c�� la�s �onc�rrilrti{� fal�e s#a��me��s. !�n}+ feifure �o c�3rr�]y w�Ff� tf,is �fdin��c� cr��t�s � n��er�al E�r�a�h of _thc��ntrac;f ��d rr�ay resull E�7 d de�errr�ina�ior a� an f�r�spor�sl�l� �fferur �nti d�.b�l'n1en� fr�t� par#�clpatln�l,k G�iy v�4rk fo� a p�ri�d �+t tlrts� r�pi I��s ih�n a;e {'!) year. 7 • "� �ut�iori�e� $�9nal��e P��IDENT �itRe ��!—lIV �L�L��#L�� I�l� ��rnpany Nam� �� E �iV�IV /k{� {�f0�9 �=��T 1�U��1�, T�C 7�� Cl�y�51alo±�Fp Q�I7c� o! �i�alr�e�� nivF:ra�ly �m411; m�up�aificc�Caa[wot�#�Iex�s,goV f'fSaf4E`� {$17} ��2-2Eo-7$ � � �;� � � ��{ PrFnted Sf3�+�t4re �� B E AN � I �onteot Name+T�re (i� diifere�t� TolaphoRo QndforF�x �17-��1-�7�� -9719ik f4sid1�69 � �� a�� Reu, 6�16�19 '� Nirn�rit� B�.isin�� E��t��pris� {�if3�� [�ur�n li�d�st��e�, Ir�� u�•a�� I.��fr�s��, �� l�;�s Ei1�t1 wiih th� A�E�R�y �Yl1 Affi[��VI� as d�fi�reu i�y hiGTR�#� N1�nnrity k3usiness E��R�r�arlsr� (�f��) �'+�kEr,i�� sc �fOCi3fJi�rf?$ �iRff IS a1F?fQ��j �'cT�iff��J �4 �FfC1VI�P ,S�rL'�Li)(�� fl I�Ye �i33t�:k'11i1� cifPa�S; �#AI�S ��0: ��.��7'i�I�AL ARPI�Fi��l�� Ahf�7 �Qi�I��NT, 1�1�If�IN� �iJ�i�L�E`�, Al+�E] R�LA7�� 1�IPNJEh1TlV�Ei��HA{��Vti}H�l.�SIo1L�RS NI�II�S 4�37�4: ��.C�iUl�INC SU�P�i�� fN��MANT WF3QL��AL�R� Sf��:; C:['f11IIC.ltlilR CpfllfTlfrf7,es fVoxmr�b�f �7, 2�11�3 �nd s�i�+pr„e�les �ny regis[ra[Ic�n or I�s�IrFg prav�o�sEy iss�ied This certi�o�tio� rn�st �� p��iQci ov�ry #w�� yt��r� by S�bmissier� �i an Anntial L��,�te Affid�vif. Al any #�m� FF�ere is a rhanr�e ir� owe�ership_ c�n�eul af khe �irn�i �r u{�orattnn, nnllfrr,a�far� rn�s� ta�� n,�de Im�Pc�la#�!y to t�o fVar�t� �enkr�� "ex�s F2eg�onal C;ert�fic�i�r,n Ag�ncy fur e�igi�iJiiy �vafuatar�n, Ger�if�t�ot� F�c�i�ati�n- i�ov�mt�er 3G, �� Iss�sed Qate: No�+e��er �1, �� 8 CER��ICA�I��f ND_ I-IN1MQ��O��V71�� c��.�'�� e�tiioraiior� �dmh��tr�tor 3 �� . . � . 2p1S PREVAII.ING WAGE RATES �Hea�y and Highway Construction Projects) CLASSIFICATION �ESCRIPTION Asphalt Distrihutor Operator Asphalt Paving Machine Operator Asphalt Raker Broom or Sweeper Operator Concrete Finisher, Paving and Structures Concrete Pavement Finishing Maci�inc Operator Concrete Saw Operator Crane Operator, ]iydraulic 80 tons or less Crane Operator, Lattice Boom $0 Tons or Less Cra�e Operator, l aEtice 800m Over 80 Tons Crawler Tractor Operator Electrician Excavator OperaYor, SfJ,000 pounds o� less Excavator Operator, O�er 50,000 pounds Flagger Form BuilderJSetier,5truciures Form Setter, Paving & Curb Foundation Orili Operator, Crawler Mounted Foundation �ril! Operator, 7ruck NFounted Front End Loader Qperator, 3 CY or Less Front End Loader Operator, O�er 3 CY Laborer, Common Laborer, Utility Loader/Backhoe Operator MecFranic Milling Machine Operator Motor Grader Operator, Fine Grade Motor Grader OperaYor, Rough Off Road Hauler Pa�ement Marking Machine Qperator Pipefayer ReclaimerJPulverixer Operator Re�nfarcing Steef Wprker Roller Operator, Asphaft RoEler Operator, Other Scraper Operator Servicer Small Slipform Machine Operator SpreaderBox Operator Truck Driver Lowboy-Float Truck nriver 7ransiE-Mix Truck Driver, Single Axle Truck Driver, Single or Tandem Axle Dump Truck Truck Driver, Tandem Axle Tractor with Semi 7railer Welder Wo�k Zone Ba��icade Service� wage Rate $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 5 $ $ $ � $ $ $ $ � $ $ $ $ $ 5 $ $ $ $ $ $ S � $ $ $ $ 7 5.32 13.99 12.69 11.74 14.12 16.05 19.48 18.12 17.27 20.52 14.07 19.80 17.Z9 16.99 Z4.06 13.84 13.16 17.99 21.07 13.69 A4.7? 10.72 7.2.32 15.18 17.68 Z4.32 1719 16A2 12.i5 13.b3 13,24 I.1.01 16.18 13.08 11.51 12.96 14.58 15.36 14.73 16.24 14.14 12.31 a z.�z 12.86 14.54 11.68 The oavis-Bacon Act prevailing wage rates shown for Neavy and Highway construction projects were determined 6y the United states bepartment of La6or and current as of September 20R3. The titles and descriptions for the classifications listed are detailed in the AGC ofTexas' Standard l06 Classifications and pescriptions fw Highway, Heavy, Utilities, and Industrial Construction in 7exas. Page 1 of 1