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Contract 54674-PM1
CONTRACT FOR THE CONSTRUCTION OF Water, Sewer, Paving, Drainage & Street Light Improvements to Serve Bar C Ranch Phase 5 City Project No. 102396 F.I.D. No. 30114-0200431-102396-E07685 File No. W-XXXX Betsy Price David Cooke Mayor City Manager Christopher P. Harder Water Department Director Victor V. Magana Transportation and Public Works Department Prepared for The City of Fort Worth AUGUST 2019 TEXAS REGISTRATION F-1386 3017 W 7th Street, Suite 300 Fort Worth, TX 76102 Greg Simmons, City Engineer Transportation and Public Works Department 102396 30114-0200431-102396-E07685 W-2697 City Project No. 102396 IPRC19-0249 F.I.D. No. 30114-0200431-102396-E07685 File No. W-2697, X-26259 JULY 2020 William Johnson, DirectorWilliam Johnson Transportation and Public Works Department Director CSC No.54674-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised March 20, 2020 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 11 13 Invitation to Bidders 03/20/2020 00 21 13 Instructions to Bidders 03/20/2020 00 41 00 Bid Form 04/02/2014 00 42 43 Proposal Form Unit Price 05/22/2019 00 43 13 Bid Bond 04/02/2014 00 45 11 Bidders Prequalification’s 04/02/2014 00 45 12 Prequalification Statement 09/01/2015 00 45 13 Bidder Prequalification Application 03/09/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 04/02/2014 00 45 40 Minority Business Enterprise Goal 08/21/2018 00 52 43 Agreement 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 Maintenance Bond 01/31/2012 00 72 00 General Conditions 11/15/2017 00 73 00 Supplementary Conditions 07/01/2011 00 73 10 Standard City Conditions of the Construction Contract for Developer Awarded Projects 01/10/2013 Division 01 - General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 08/30/2013 01 31 19 Preconstruction Meeting 08/30/2013 01 31 20 Project Meetings 07/01/2011 01 32 33 Preconstruction Video 08/30/2013 01 33 00 Submittals 08/30/2013 01 35 13 Special Project Procedures 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 Mobilization and Remobilization 04/07/2014 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised March 20, 2020 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project’s Contract Documents None Division 02 - Existing Conditions Date Modified 02 41 13 Selective Site Demolition 02 41 14 Utility Removal/Abandonment 02 41 15 Paving Removal Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material (CLSM) 03 34 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 31 10 00 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 32 01 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 11 37 Liquid Treated Soil Stabilizer 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 14 16 Brick Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 17 23 Pavement Markings 32 17 25 Curb Address Painting 32 31 13 Chain Fences and Gates 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised March 20, 2020 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 32 32 13 Cast-in-Place Concrete Retaining Walls 32 91 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 10 Joint Bonding and Electrical Isolation 33 04 11 Corrosion Control Test Stations 33 04 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33 05 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings - Cast Iron 33 05 13.10 Frame, Cover and Grade Rings - Composite 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 33 11 13 Concrete Pressure Pipe, Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 11 15 Pre-Stressed Concrete Cylinder Pipe 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water Meters 33 12 20 Resilient Seated Gate Valve 33 12 21 AWWA Rubber-Seated Butterfly Valves 33 12 25 Connection to Existing Water Mains 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 33 12 40 Fire Hydrants 33 12 50 Water Sample Stations 33 12 60 Standard Blow-off Valve Assembly 33 31 12 Cured in Place Pipe (CIPP) 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised March 20, 2020 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 Sanitary Sewer Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 33 39 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 39 40 Wastewater Access Chamber (WAC) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 33 41 12 Reinforced Polyethlene (SRPE) Pipe 33 46 00 Subdrainage 33 46 01 Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 49 20 Curb and Drop Inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 34 41 10 Traffic Signals 34 41 10.01 Attachment A – Controller Cabinet 34 41 10.02 Attachment B – Controller Specification 34 41 10.03 Attachment C – Software Specification 34 41 11 Temporary Traffic Signals 34 41 13 Removing Traffic Signals 34 41 15 Rectangular Rapid Flashing Beacon 34 41 16 Pedestrian Hybrid Signal 34 41 20 Roadway Illumination Assemblies 34 41 20.01 Arterial LED Roadway Luminaires 34 41 20.02 Freeway LED Roadway Luminaires 34 41 20.03 Residential LED Roadway Luminaires 34 41 30 Aluminum Signs 34 71 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ 0o az as BAR C RANCH PHASE 5- BID PROPOSAL Page I of9 SECTION 00 42 43 Developer Awarded Projects - PROP�SAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist item Specification Unit of Bid No. DescripHon Unit Price Bid Value Section No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 3305.0003 8" Waterline Lowering 33 05 12 EA 5 $3,234.00 $16,170.00 2� 3305.0109 Trench Safety 33 05 10 LF 2435 $1.00 $2,435.00 �3� 3311.0001 Ductile Iron Water Fittings w/ ResVaint 33 11 11 � TON 1.11 �$5,318_00 $5.902.98 4 3311.0241 8" Water Pipe W�� 33 11 10 � LF 2435 $25.00 .i�60,875.00 �5' 3312.0001 FireHydrant 331240 �EA 3 $5,190.00 $15.570.00 �a�._• _-- -- -9 ' �-� _,.. � _ ____�. :�,�. _ 6 3312.0117 ConnecGon to Existin 4"-12' Water Main 33 12 25 EA 3 1_ 755.00 .!$5,265.00 7� 33122003 1" Water 5ervice 33 12 10 EA 77 $1 138.00 $87,626.00 '8 3312.3003 8" Gate Valve & Box 33 12 20 EA 8 $1�432.00 �$11,456,00 9� 9999.0001 Steel Encasement 00 00 00� T LF � 52 �$145.00 $7.540.00 10 9999.0002 1" Water Service (Irrigation) 00 00 00 EA 6�,$474.00 _$2,844.00 ��;� - . 12 �13 �ia 15 — . _ 16 37 i8 � 19 2p 2s 22 -- 23 24 — _ __ 25 — — as — _ z� zs 29 3� 37 32 33 3d 35 36 — 37 38 _ ._ _ _ 39 4n 41 - — -- -- — — 4Z -- -- 43 44 TOTAL UNIT I: WATER fhAPROVEMENTS $215,683.98 CITY OF FORT WORTH STANDARD CONS7RUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDEU PROJECTS Form Version May2.,:(119 004? 43 BidProposal BarC Ph S.xis 00 42 43 6AR C RANCH PHASE 5- BTD PROPOSAL Page 2 of 9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECiFICATION DOCUMENTS - DEVELOPER AWARDED PROIECTS Form Version May.2, 2019 OD 42 43 Bid Propasal Bar C Ph S.xls UNIT PRICE BID Bidder's Application SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Project item �nformation DO 42 43 BAR C RANCH PHASE 5- 8TD PROPOSAL Page 3 of 9 Bidder's Application Bidder's Proposal uiausucem Description Specification Unitof Bid T'a� Section No. Measure Quantity UNIT III: DRAINAGE IMPROVEMENTS 1 0241.4401 Remove Headwall/5ET 02 41 14 EA � 2 3125.0101 SWPPP >_ 1 acre 31 25 00 LS � 1 �3� 3137.0101� Concrete Rip Rap � 31 37 00� TSY � 15f 4^ 3137.0102 Large Stone Riprap, Dry� 31 37 00 SYi 23E 5� 3137.0103 Large Stone Riprap, Grouted � 31 37 00 SY �� 21 £ 6 3305.0109 Trench Safety 33 05 10 !LF 1875 7 3305 0112 Concrete Collar ` ` 33 05 17 T�EA ��q � 8 3341.0201 21" RCP, Class III 33 41 10 LF 68 _._. _ � _.m= .r�_T�._. .�_�..m____..__ ,_ . _� ,.- - ,---•_.. _ 9 3341 0205 24 RCP, Class III 33 41 10 LF 7� 10 3341 0302 30 RCP, Class III 33 41 10 LF 51 � 11 � 334L0309 36" RCP, Class III 33 41 10 LF� 251 12 3341.1303 6x4 Box Culvert 33 41 10 � LF T 113 � ,.__ _�__�- _�� - - - -K �_ --- _ _..._. _ ._.��.m. 13 3341 1501 8x4 Box Culvert 33 41 10 LF _ 624 , - �__-__.z - ------ m t_�� .. __. _�_ _ - --� 14 3341.2002 10x5 Box Culvert 33 41 10 � LF I gg2 _ _ ._a �_ � _� , _ � W-- - - - - - � _..._. -.� _ - - � 15 3341 2203 12x6 Box Culvert A� _ 33 41 10' _ LF 15 - -�_ _ � _- _� _. 16 �!3349 0001 4 Storm Junction Box 33 49 10 I EA 2 - __� . _ ,u � _a._�- -�- -- - -- ---- � .- n.. � _� 17 3349 0101 3 Round Manhole Riser 33 49 10 I� Eq p _ _ . �___� �-._�e_�___� --��_�_ . . -�: ----- -- 18 3349.50U2 15' Curb Inlet 33 49 20 Eq g _ ,_ _ _ m - ---- _�._ . �-_�_ _ __ -_ __ - 19 3349 5003 2� Curb Inlet � 33 49 20 EA 1 20 9999 0004 PW 1 Wingwall (8'x4 )� _ 00 00 00 � Eq �2 - -- �. _. ... �. -� - --- --. 21 9999 0005 FW-0 Wingwall (12'x6'), _ 00 00 00 EA � . __ ,... _ . �.� _ � y _,� _ . __a, 22 9999 0006 Concrete Drop Structure 00 00 00 SY 240 _ -,- .--.,.- ,�-- - �_._ = -- ,. . 23 9999 0007 12 5'x10' Junction Box _ _^ 00 00 00 EA � __ � ___�.� -�v v.- .-,._ _ . _.,. 24 9999 0008 Connect to Existing 00 00 00 EA 3 � _ � ___. — -- .. _ - � _ - _ � _, _� 25 9999 0009 TRM Recyclex �,_ ,_ �� _ 00 00 00 SY� _ 240 26 9999.0010 North Culvert Wrought Iran Fencing 00 00 00 LF 100 ._ _. ___ _..._ -- - -- 27 ``� "a28 -- 29 - --- - - - ' '30 _ - -- - - 31 -- — ---- - - _ _32 -- -- - — — - �33 34 ' ` 35 36 ---- � - 37 - - - --- 38 -- -- 39 - 40 41 42 CITY OF FORT WORTH STANDARD CON57RUCTION SPECIFiCATTON DOCUMENTS - DEVELOPER AWARDfiD PROIECTS Fortn Version May'_2,'_019 Unit Price � Bid Value 117 ! $87.00! _ $29 265 _00 _ _ _ $29 265 00_ $106,00 _ _ $25 440,00 $33�187 00 . $33 187.00 � $1 119,00 _$3,357 00 _ $21.00 _ � $5 040.00 _ $66.00 $6 600 00 $1.073.171.00 '� 00 4: 43 Bid Proposal Bar C Ph S.xis 0(142 43 BAR C RANCH PHASE 5- HID PROPOSAL Pege 9 of 9 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Appiication Project item Information Bidder's Proposal Bidlist item Descri tion Specification Unit of Bid No. p Section No. Measure Quantity Unit Price Bid Value UNIT I: V II: SANIT, This Bid is submitted by the entity named below: sronER: Wright Construcdon CO., inc. 60] W Wall Street Grapevine, 7'X 76051 Contractor aQrees to complete WORK for F►NAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Total ConsMuMion BY: TITLE: DATE: $277,198.00 $1,�73,171.00 110 worldng days after the date when the END OF SECTfON CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PRO.iECTS Foim Vasion May 22, 2019 00 42 43 Bid Proposal Bar C PM1 S.xls 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 2 PREQUALIFICATION STATEMENT 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s) listed. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Major Work Type Contractor/Subcontractor Company Prequalification Name Ex iration Date Water and Wastewater Wright Construction Co., Inc. New Development 4-30-2021 Open Cut (All Sizes); Lift Station on Developers Projects Onli� The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Wri�ht Construction CO.. Inc. By: Kyle Marsh Company (Ple - r' i 601 W Wall St 5ignature: Address Grapevine. TX 786051 Title: President City/State/Zip (Please Print) Date: END OF SECTION CITY OF FORT WORTH Bnr C Ranch Phase S STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPNNo. 102396 Revised July l, 20] 1 004526- 1 CONTRACT�R COMPLIANCE WITH WORKER'S COMPENSATION LAW Page i of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102396. Contractor further certifes that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certiiicates of compliance with worker's compensation coverage. CONTRACTOR: Wri�yht Construction CO.. Inc. By: Kyle Marsh Company (PI f 601 W Wall St Signature: Address Gra evine. TX 76051 Title: President City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT `� `'e� BEFORE ME, the undersigned authority, on this day personally appeared Kyle Marsh , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of President -Wright Construction Co., Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4th day of August 20 20 � _ � �� = -- —� .- A .� "' i a� R��n���,_� Leb Donaldson � � J�� .�t �'� '�i i ' : ,.. �..f;' t��' j �J .�P. .....61 �T. - f-� T �o ��' Nbt Public in and for the State of Texas = 2! *� Notary Public, State of Texas : �' � _*�'• ` Comm. Expires 01/24l2021 �+ +,�:�•......�};�� Notary ID 1197Q9F�6 �� Y��'y — `''� "`�Vb OF SECTION ,'_..��i.:,�-�, �:�.� �.� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Bar C Ranch Pliase 5 CPNNo. 102396 working 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN No. 102396 Revised June 16, 2016 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of One Million, Five Hundred Sixty-Six Thousand, Fifiy-40 Two Dollars and Ninety-Eight Cents ($1,566,052.98). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 3) State and Federal documents (project specific) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 g. Worker’s Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project’s Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 75 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN No. 102396 Revised June 16, 2016 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act, omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. 116 8 - 4 - 2020 8 - 4 - 2020 COMM RCI L G NERAL IAB LI YE A E L I T T IS ENDORSEMENT CHANGES T E POLICY. PL ASE READ IT CAREFULLY.H H E XTEND ENDORSEM ENT FOR CONTRACTORS Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w COMM RCI L G NERAL IAB LI Y COVERAG PA TE A E L I T E R GE ERAL D SCRIP ION O CO ERAGE –N E T F V Thi endorsem nt broadens cov rage. Howev r cov rage fo anyseee,e r i ju y,dama e o me i al ex ense descri ed in any o the provnrgrdcpsbf i ion o th s e dorseme t may bs s f i n n e ex luded orc l m ted by anothe endorsem n to this Cov rage Pa t,and the e ci i r e t e r s ov rage broadening prov sions do no ap ly toei t p the ex en tha cov rage is ex l ded or lim ted by such an ent t t e c u i dorsem n .The fo lo ing li ti g i a get l w s n s eneral cov rage de cript on only Read al the prov sions o thi endorses i . l i f s em nt and the re t o y ur pol cy ca e ulles f o i r f y to de erm ne r gh s,dut es, and wha i and s not cov red.t i i t i t s i e A.Wh I An Insured –Unnam d Subsid arieosei s C.In i ental Med cal Mal racti ecdipc B.Bla ket Addit onal Insured –Gov rnme talnie n D.Bla ket Wa v r f Sub ogationnieOr En it e –Pe m t Or Au ho iza ions Re ati g Tot i s r is t r t l n E.Co tra tua Liab l ty –Rai roadnc l ii l s Ope atio srn F.Da a e T o Prem se Ren ed o Youmgi s t T P O ISION a.R V S An o ganizat on ohe than a pa tnership,jo ntri t r r i v nture or l m ted liab l ty company;orei i iiA.WH IS AN INSU ED –UNNAMEDOR b.A rust;tSUBSDIARIESI The fol owing is ad ed told SE TION II –WHO ISC a ind i a ed in is nam o the docum n s thas c t t e r e t t AN INSU EDR:gov rn it stru ture.e s c Any o yo r sub idiar e ,oher than a pa tnershi ,f u s i s t r p B B ANKET ADD TIONA INSURED –.L I L jo n v nture o lim ted liabil ty com any,that ii t e r i i p s GO E N ENT L EN IT ES –P RMIT OVR M A T I E S R no shown as a Nam d Insured in thete AU H R ZA I N R L TI G T O E AT O STOITOS E A N O P R I N i a am d In ured f:s N e s i The fol owing is ad ed told SE TION II –WHO ISCa.Yo are the soe owner o ,o ma ntai anul f r i n AN INSU EDR:ownership intere t o mo e than 50%in,suchs f r Any gov r men al enti y tha ha issued a perm te n t t t s isubsidiayonthefist day o the pol cy perio ;r r f i d or auth oriza ion wit re pe t to ope ationsths c rand pe fo med by yo or on your behal and that your r u fb.Su h subsidiary i not an in ured undecs s r are required by any o dinanc e,law ,buil ing coderdsiilaohernurance.m r t i s or written cont act or agreeme t to incl de a anrn u s No such subsidiary i a insured fo "bodily inju ysnr r "addi ional i sured on thi Cov rage Pa t is atnsern or "property dama e"tha o curred,o "perso al i sured, but only wi h re pgt c r n n t s e t to liabi i y fo "bodilyc lt r i ju y","prope ty dam ge"or "perso al andnr r a nandavrtsingijuy"caused by an o fe sed e i n r f n adv rti ing inj ry"ari ing ou o uch operatio s.e s u s t f s ncomited:m t The in uran e prov ded to such gov r men als c i e n ta.Be o e you ma ntai ed an ownership intere tfrins en ity doe not apply o:t s tomoe than 50% i such ub idiary; orfrns s a.Any "bodiy inju y ,"property dama e olr"g "rb.Af e the date,i any duri g the poli y periotrf ,n c d "pe sonal and adv rti ing injury"a i ing o t oresrsufthatyonolongermantainaownershiuin p operatio s perfo m d fo the gov r men alnrere n titeretoorehan 50% n such subsi ia y.n s f m t i d r en ity ort ; Fo purpose o Pa agraphrs f r 1.o Se tionf c II –Who b.Any "bodily inj ry or "property dam geu"a "Is An Insured,ea h such subsidiary wil becl i clu ed in the "products-co ple edn d m tdeemd to e de ignated in the Declarat on a :e b s i s s operatio s hazard".n CG 3 16 02 9D1 ©2017 The T avelers Indemnit Company.All rightsry reserved.Pa e 1 o 3gf Includes copyrighted material of In surance Services Of ice, Inc.,with its permission.f Declarations Policy Number: CO5G29737A COMM RCI L G NERAL IAB LI YE A E L I T C. IN IDEN AL ED CAL ALPRACTI EC T M I M C pharma eut cal co m t ed by o wi h thec i s m it ,r t k owledge o co sent o ,the n urednrnf i s .1.The fo lo i g repla e Pa agraphlwnc s r b.o thef de i i ion o "o cur en e in thefnt f c r c "5.The fol owing i a ded to thel s d D FIN TIONEIS D FIN TIONEIS Se tion:c Se tio :c n b.An a t o om ssio com i ted i prov dincrinmtnig "In i ental m d cal se v ce "m a s:c d e i r i s e n or fa l ng to prov de "incidental me icaii i d l a.Med cal surgi al dental laborato y,x rayi , c , ,r -se v ce ",fi st a d o "Good Sam r tanri s r i r a i or nur ing se vce or treatm n ,advce osriet i rsevce"to a person,unle s yo are iri s s u n i struction o the related fur i hi g on,r n s n fthebusinesorocupatonoprovdins c i f i g fo d or bev rages; oro eproesionalheathae se vce .f s l c r r i s b.The furni hing o di pensing o dru s osrs f g r2.The fo lowi g rep a es the la t par agraph olnl c s f m d cal dental o surgi al supplie oei , ,r c s rPaagaphr r 2..(1)a of SECTI N II –WHO ISO appl a ce .i n sANINSUEDR: 6.The fol o ing i added to Parag aphlwsr 4.b.,Unle s yo a e in the business or o cupatiosurcn Ex ess In urancec s ,of SE TION IV –Coprovdi g pro e sional healt ca e s e v ce ,f i n f s h r r i s Pa ag aphsr r (1)a)(,(b),(c)and (d)abov doe CO MERCIAL GENE AL LIABI ITMRLY COND T ONI I Snotapplyto:"bodily injury"arising out of prov din o ai ing o rov de:i g r f l t p i Thi i surance i ex e s ov r any v li ansns c s e a d d (a)"In i ental me ica se vce "by any ocd d l r i s f col e ti le othe in urance whether prim ry,l c b r s ,a y ur "em loyee "who is a nu se,nurseo p s r ex e s, conti gent o on any other ba is,thatc s n r s a sistant,em rgen y me i al techni iasecdc c n i av ilab e to any o your "em loy es"fosal f p e r or arame ic;orp d "bo ily injury that ari e ou o prov ding od" s s t f i r fa l n to prov de "i cidental medi al servce "ii g i n c i s(b)F rst ai or "Good Sama itan se v ce "byidr r i s a y o y u "em loyee "o "to any perso to the ex ent notnforpsrnt subje t tocvlunteero Pa ag aphr r 2.a.1)(o Se t onf ci II –Who Is Anworkers",other than an employed or v lunteer do tor.Any such "em loyee "o c p s In ured.s or "v lu teer wo kers"prov ding o fa l ngo n r i r ii D B ANKET WAIVER O SUB O ATION.L F R Gtoprovdefi st aid or "Good Sama i anirrt The fo lowing is a ded to Paragraphld 8.,Tra sfenrsevce"during thei work hou s fo youri s r r r O Righ s O Reco ery Agai st O hers To Usf t f v n t ,wil be deem d to be a t ng wi hin theleci t of SE TION IV –CO MERCIAL GENER ALCMscoeotheiemloymntby yo opfrp e u r pe fo m n dutie rela ed to the co du tr r i g s t n c L ABI I Y CO DT ONIL T N I I S: o yo r busine s.f u s If the insured has a ree in a cont act og d r r 3.The fo lo i g repla e the la t se tence olwnc s s n f ag ee ent to waiv that i sured'righ orme n s t f Pa ag aphr r 5.of SE TION III –LIMITS OCF re ov ry against any person o o gan zat on,wecer r i i INSU AN ER C :waiv our right o e ov ry again t uch pe son oefrces s r r organi ation,but only fo pay ents we ma ezrmkFothepurpoe o dete m nin thers s f r i g be auseo :c fapplcableEahOccurrenceLimt,al relatedi c i l a t or om ssions com ited i prov di g ocs i m t n i n r a."Bo ily i ju y"o "property dam ge"thatd n r r a fa l n to prov de "inci ental me icaiigid d l o curs; ocr se v ce ",fi st a d o "Good Sam r tanri s r i r a i b."Pe so al and adv rti ing inj ry"ca sed byrn e s u usevce"to any one perso wil be deeme tori s n l d an o fe se hat i com it edfnt s m t ;be one "o currence".c 4.The fo lowi g ex lu ion i added to subsequent to the ex cution o thelnc s s e f cont a t orcr Pa ag aphr r 2.,Exclus onis,of SE TION I –C ag ee ent.r m CO ERAGES –CO ERAG E A –BODI YV V L E.CON RACTUAL IABILIT –RAIL OADT L Y R SINJUY AND P OP RT DAMAGERRE Y L ABI I YIL T :1.The fol o ing repla e Pa agraphlwc s r c.o thef de i i ion o "insured cont act"i thefnt f r nSae O Ph rmaceu icalslfat D FIN TIONEIS Se tion:c"Bo ily inju y or "property dama e"ari ingdr"g s ou o the v ola ion o a penal stat te ot f i t f u r c.Any ea em nt or l cense agreem nt;s e i e ordi ance rela i g to the sale ontnf Pa e 2 o 3gf ©2017 The T avelers Indemnit Company.All rightsry reserved.CG 3 16 02 9D1 Includes copyrighted material of nsurance Services Of iceIf ,Inc.,with its permission. COMM RCI L G NERAL IAB LITYE A E L I 2.Pa ag aphr r f.1)(o the de init o o "i suredf f i n f n a.Any prem se whi e rented to yo oi s l u r cont a t i therc"n D FIN TIONEIS Se tion is tem ora iy o cupied by you wi h pe m ssioncprl c t r i de eted.o he owne ; orlf t r F DAMAGE TO P EMISE EN ED TO YOU b.R S R T .The co tent o any premi e whi e suchns f s s l prem se i rented to yo , i y u rent suchi s s u f oThefolowingreplaethe de i ition o "prem sel c s f n f i s prem se fo a period o sev n or fewei s r f e rdamaeinheg" t DEF NIT ONSI I Se tionc : conse utiv day .c e s "Pre i e dama e m a s "property dama e"to:m s s g "e n g CG 3 16 02 9D1 ©2017 The T avelers Indemnit Company.All righ sryt reserved.Pa e 3 o 3gf Includes copyrighted material of nsurance Services Of iceIf ,Inc.,with its permission. COMM RCI L G NERAL IAB LI YE A E L I T T IS ENDORSEMENT CHANGES T E POLICY.PLEASE REA IT CA EF LLYHHD R U . BLANKET ADDITIONAL INSURED –A TOM A IC STA USUT T IF REQUIRED BY WRITTEN CONTRACT (CONTRACTORS) Thi e dorseme t m d fie i surance prov ded under he f l o ing:s n n o i s n i t o l w COMM RCI L G NERAL IAB LI Y COVERAG PA TE A E L I T E R The fol owing is ad ed told SE TI N II –WHO IS AN (a)C O The Addi ional Insured –Owne s,Le -t r s INSU EDR:see or Contra tors –Scheduled Persos c n or Organizat o endorsem n CG 20 10in e tAnyersonor o ganiza io tha :p r t n t 07 04 o CG 20 10 04 13, the Addi ionalrta.Yo agree in a writ en cont a t o ag ee ent toutrcr r m In ured –Owne s,Le see or Con ra -s r s s t ciclueasanaditioalinsured on thi Cov ragen d d n s e to s –Com le ed Ope ations endorserptr-Pa t anr;d m n CG 20 37 07 04 or CG 20 37 04 13,e t b.Ha not been added a an additio al in ured fossnsr or both o such endo seme ts wi h ei hefrnt t r the sam proje t by at a hm nt o an en orseec t c e f d -o ho e ed tio date ; orf t s i n s m n under thi Cov rage Pa t which includeet s e r s (b)Ei her or bot o the fol o ing the Addithf l w :-such perso or organi at on in the endorsem nt'snz i e tio al In ured –Owne s,Le sees o Con-n s r s rschedule;tra to s –Scheduled Person Or Organ -c r i i a insured but:s n ,za ion en orsem n CG 20 10,o the Ad-t d e t r a.On y with re pe t to lia ili y fo "bodily injury di ional Insured –Owl s c b t r t ne s,Le see ors s r"or Co tra tors –Com le ed Ope atio s en-n c p t r n"prope ty dam ge that o cur ,or fo "perso alra" c s r n do sem nt CG 20 37,wi hout a edit oretninijuycausedbyanofn e that is com it ed,n r "f e s m t da e o uch en do sem nt pe i ie ;t f s r e s cf dsubsequentto the signing of that contract or ag ee ent and while that pa t o the cont a t ormrfrcr the person o o gan zat on i an addit onal inr r i i s i - ag ee ent s in e fe t andrmi f c;sure only i the in ury or dama e i ca sed,d f j g s u b.On y a de cri ed in Paragraph be i whole o in part by al s s b -n r , cts o om ssions ori f(1),(2)or (3) y u or you subcont a tor in the pe fo man eor r c r r clow, whichev r appl e :e i s o "y u work"to whi h the writ en cont act oforc t r r(1)If the wri ten cont act or ag ee ent speci i a -t r r m fc l ag ee ent ap lie ; ormpsrlyrequireyoutoprovdeaddiionalinsureds i t (3)If ne ther aragraphiP (1)nor (2)abov appl e :e i scovrageto tha person or organi ation byetz the se o :u f (a)The perso or o ganizat o is a addinrin n - tio al i sured only if a d to the ex entn n ,n t(a)The Additional Insured –Owners,Les- that the injury o dama e i ca sed by,r g s useeoContactors–(Form B)en orsesr r d - a t or omi sions o y u o y u subcon-cs s f o r o rmnG20 10 11 85; oretC tra to in the pe fo ma ce o "y ur workcr r r n f o "(b)Ei her or bot o the fol o ing the Addithf l w :- to whi h the wri ten co tra t o agree-c t n c rtioalInured–Owne s,Le sees o Con-n s r s r m nt applie ;andestratos–Scheduled Person Or Organ -c r i (b)Su h pe son o organiza io does notcr r t nzationendorsementCG20101001,or qual fy a an addi ional insured with rei s t -the Addit onal Insured –Owne s,Le seeirs s spe t to the independent acts or om s-c iorCotrators–Com leted Ope ationsncpr sio s o uch erson or organizationnf s p .endo sem nt G 20 37 0 01;r e C 1 The insurance prov ded to such addi ional i sured isitnthepersono o gan zat on i an addit onal inr r i i s i - subje t o he fo lowing p ov sion :c t t l r i ssureonlyiftheinjuyordamaearieoutdrgs s o "y u work"to whi h the writ en cont act oforc t r r a.If the Lim t o Insurance o thi Cov rage Partis f f s e ag ee ent ap lie ;r m p s shown i the De larat on ex eed the m nim mnc i s c i u (2)If the wri ten cont act or ag ee ent speci i a -t r r m fc l l m t req ired by the wri ten co t act o agree-i is u t n r r ly require you to prov de addi ional insureds i t m n ,the i surance prov ded to the addit o al i -e t n i i n n cov rage to tha person or organi ation byetz sure wi l be lim ted to such m nim m requi eddl i i u r the se o :u f l m t .For the purpo es o de erm ni g whethei is s f t i n r CG 6 04 02 19D ©2017 T e Travelers Indemnity Company.All rights rehserved.Pa e 1 o 2gf Policy Number: CO5G29737A COMM RCI L G NERAL IAB LI YE A E L I T th s lim tation , the mi im m lim ts requi ed i a claimi i n u i r n .To the ex ent po sible sucht s , by the written co tra t or agreem nt wil be con-no ice should innceltcl de:u si e ed to incl de the m nim m lim t o any Umdruiui s f -(a)How,when and where the "o cur en ecrc " brel a or Ex ess lia il ty cov rage requi ed fo thel c b i e r r or o fe se took la e;f n p c addi ional insured by that written cont a t otrcr (b)The nam s and add e se o any inj reders s f uag ee ent Thi prov sion wil not increa e therm. s i l s pe sons an witne se ;andrds slmtoinuranceescribed in Sect oni is f s d i III –Lim ti s (c)The nature and loca ion o any injury ot f rOfI surancen. dama e a i i g out o the "o cur en e ogrsnf c r c "rb.The in uran e prov ded to such a dit onal insureds c i d i o fe se.f ndoenotapplytos : (2)If a claim is ma e o "sui" i brought agai stdrt s n(1)Any "bodiy inju y ,"property dam ge olr"a "r the ad it onal nsureddi i :"pe sonal injury arising out o the prov d ng,r "f i i (a)Im e ia ely re ord the o themdt c forfaiuretoprovde,any pro e sional archil i f s - cla m or "suit an the date re eiv d; andi "d c ete tu al,e gineer ng or surv yin se v ce ,c r n i e g r i s i clu ing:n d (b)No i y us a soon a pra ticable an seetf s s c d to i that we re eiv wri ten not ce o thet c e t i f(a)The prepari g,approv ng,or fa l ng toni ii cla m or "suit a soon ai " s sprepaeoapprov,ma s,shop draw-r r e p i g ,opin on ,repo ts,surv ys,fiel o -n s i s r e d r (3)Im ed ately send us copie o a l legal pamis f l - de s or change o de s,o the prepari g,pe s re eiv d inrr r r n r c e co ne tion wi h the claim onc t r approv n ,o fai ing to prepar e or ap-"sui ",coope ate wi h usigrltrt in the inv stigat onei prov , drawings and spe i i a ion ; and o the claim o deecfc t s f r fense agai stn the "suit , and othe wi e com ly with all pol cy"r s p i( )b Su ervso y,in pe t on,archi ect ral opirs ci t u r condi ion .t sengineerinatvte.g ci i i s (4)Te der the de en e and indem i y o anynf s n t f(2)Any "bodily inj ry or "property dam geu"a " cla m or "sui"to any prov der o o her insur-i t i f tcausedby "work a d included in the"n an e whi h wou d cov r such addit onal i -c c l e i n"produ ts-om leted ope ation hazard"unc c p r s - le s the wri ten con ra t or ag ee ent spe if -sure fo as t t c r m c i d r loss we cov r.Howev r,this co -e e n cal y require you to prov de such cov ragel s i e di ion does no a fe t whethe the insurancet t f c r fo that addit o al in ured during the pol cyrinsi prov ded to such addi ional insured is prim ryi t a pe iodr.to oher i suran e av ila le to such ad it onaltnca b d i i sured whi h c ov rs that person o organizancer -c.The addit o al insured m st com ly with theinu p tio a a nam d in ured a descri ed in Pa -n s e s s b rlowingutie:d s ag aphr 4.,Ot er In urance o Se tionhs , f c IV –(1)G v us written no ice a soon a pra tica leiet s s c b Co m rcial Gener al Lia il ty ondit on .m e b i C i so a "o cur en e or an o fe se which mayfncrc " f n Pa e 2 o 2gf ©2017 T e Travelers Indemnity Company.All rights rehserved.CG 6 04 02 19D fol- your or settlement practicable. specifics applies result POLICY NUMBER: C05G29737A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Project(s): EACH "PROJECT" FOR WHICH YOU HAVE AGREED, IN A WRITTEN CONTRACT WHICH IS IN EFFECT DURING THIS POLICY PERIOD, TO PROVIDE A SEPARATE GENERAL AGGREGATE LIMIT; PROVIDED THAT THE CONTRACT IS SIGNED AND EXECUTED BY YOU BEFORE THE "BODILY INJURY" OR "PROPERTY DAMAGE" OCCURS. A.For all sums which the insured becomes legally obligated to pay as damages caused by "occur rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un der COVERAGE C (SECTION I), which can be attributed only to operations at a single desig nated "project" shown in the Schedule above: 1. A separate Designated Project General Ag gregate Limit applies to each designated "pro ject", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations, unless separate Designated Project General Aggregate(s) are sched uled above. Designated Project General Aggregate(s): GENERAL AGGREGATE LIMIT SHOWN ON DECLARATIONS. 3.Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the Desig nated Project General Aggregate Limit for that designated "project". Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they re duce any other Designated Project General Aggregate Limit for any other designated "project" shown in the Schedule above. 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Project General Ag gregate Limit. 2.The Designated Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A., except damages because of "bodily injury" or "prop erty damage" included in the "products completed operations hazard", and for medi cal expenses under COVERAGE C, regard less of the number of: a.Insureds; b.Claims made or "suits" brought; or B.For all sums which the insured becomes legally obligated to pay as damages caused by "occur rences" under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents un der COVERAGE C. (SECTION I), which cannot be attributed only to operations at a single desig nated "project" shown in the Schedule above: c.Persons or organizations making claims or bringing "suits". CG 0211 01 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 2 COMMERCIAL GENERAL LIABILITY 1. Any payments made under COVERAGE A. for damages or under COVERAGE C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Ag gregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Desig nated Project General Aggregate Limit. C.Part 2. of SECTION Ill -LIMITS OF INSURANCE is deleted and replaced by the following: 2.The General Aggregate Limit is the most we will pay for the sum of: a. Damages under Coverage B; and b.Damages from "occurrences" under COVERAGE A (SECTION I) and for all medical expenses caused by accidents under COVERAGE C (SECTION I) which cannot be attributed only to operations at a single designated "project" shown in the SCHEDULE above. D.When coverage for liability arising out of the "products-completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Ag gregate Limit, and not reduce the General Aggre gate Limit nor the Designated Project General Aggregate Limit. E. For the purposes of this endorsement the Defini tions Section is amended by the addition of the following definition: "Project" means an area away from premises owned by or rented to you at which you are per forming operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" that includes premises involving the same or connecting lots, or premises whose con nection is interrupted only by a street, roadway, waterway or right-of-way of a railroad shall be considered a single "project". F.The provisions of SECTION Ill -LIMITS OF INSURANCE not otherwise modified by this en dorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, The Travelers Indemnity Company, 2004 CG 0211 01 04 POLICY NUMBER: COSG29737A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY CANCELLATION: PERSON OR ORGANIZATION: ANY PERSON OR ORGANIZATION TO WHOM CONTINUED ON IL TS 03 ADDRESS: THE ADDRESS FOR THAT PERSON OR CONTINUED ON IL TS 03 GRAPEVINE TX 76051 PROVISIONS: SCHEDULE Number of Days Notice of Cancellation: _30 __ If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mail notice of cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for cancellation in the schedule above before the effective date of cancellation. IL T4050311 @ 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 BA0L932023 COMMERCIAL AUTO THIS ENDO RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM GENERAL DESCRIPTION OF COVERAGE -This endorsement broadens coverage. However, coverage for any injury, damage or medical expense s described In any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and thes e coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing Is a general cover age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en dorsement and the rest of your policy carefully to determine rights, duties, and what Is and is not covered. A.BROAD FORM NAMED INSURED H.HIRED AUTO PHYSICAL DAMAGE -LOSS OF B.BLANKET ADDITIONAL INSURED USE -INCREASED LIMIT C.EMPLOYEE HIRED AUTO D.EMPLOYEES AS INSURED E.SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO -LIMITED WORLDWIDE COV- ERAGE -INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE -GLASS PROVISIONS A.BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any organization you newly acquire or form dur ing the policy period over which you maintain 50% or more ownership Interest and that is not separately insured for Business Auto Coverage. Coverage under this provision Is afforded only un til the 180th day after you acquire or form the or ganization or the end of the policy period, which ever Is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11-COVERED AUTOS LIABILITY COVERAGE: Any person or organization who Is required under a written contract or agreement be tween you and that person or organization, that is signed and execu ted by you before the "bodily injury" or "property damage· occurs and that is in effect during the policy period, to be named as an addi tional insured is an "insured" for Covered Autos Liability Coverage, but only for damages to which I.PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCREASED LIMIT J. PERSONAL PROPERTY K.AIRBAGS L.NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAI VER OF SUBROGATION N.UNINTENTIONAL ERRORS OR OMISSIONS this Insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. C.EMPLOYEE HIRED AUTO 1.The following is added to Paragraph A.1.,Who Is An Insured, of SECTION II -COV ERED AUTOS LIABILITY COVERAGE: An "employee· of yours Is an "insured" while operating an "auto· hired or rented under a contract or agreement In an "employee's" name, with your permission, while performing duties related to the conduct of your busi ness. 2.The following replaces Paragraph b. in B.5., Other Ins urance, of SECTION IV -BUSI NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover age, the following are deemed to be cov ered •autos" you own: (1)Any covered "auto· you lease, hire, rent or borrow; and (2)Any covered "auto• hired or rented by your ·employee· under a contract in an "employee's" name, with your CA T3 53 0215 C 2015 The Travelers lndermlty Company All rightll reserved. Page 1 of 4 Includes copynghted matenal ct Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO permission, while performing duties related to the conduct of your busi ness. However, any ·auto· that is leased, hired, rented or borrowed with a driver Is not a covered ·auto·. D.EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II -COVERED AUTOS LI ABILITY COVERAGE: Any ·employee· of yours is an "insured" while us Ing a covered •auto· you don't own, hire or borrow In your business or your persona l affai rs. E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS 1.The following replaces Paragraph A.2.a.(2), of SECTION 11-COVERED AUTOS LIABIL ITY COVERAGE: (2)Up to $3,000 for cost of bail bonds (In cluding bonds for related traffic law viola tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2.The following replaces Paragraph A.2.a.(4). of SECTION II -COVERED AUTOS LIABIL• ITV COVERAGE: (4)All reasonable expenses Incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be cause of time off from work. F.HIRED AUTO -LIMITED WORLDWIDE COV ERAGE -INDEMNITY BASIS The following repla ces Subparag raph (5) In Para graph B.7., Polley Period, Coverage Territory, of SECTION IV -BUSINESS AUTO CONDI TIONS: (5)Anywhere In the world, except any country or jurisdiction while any trade sanction, em bargo, or similar regulation Imposed by the United States of America applies to and pro hibits the transa ction of business with or within such country or jurisdiction, for Cov ered Autos Liability Coverage for any covered "auto• that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an •auto· you lease, hire, rent or borrow from any of your ·employees ·, partners (if you are a partnership), members (if you are a limited liability company) or members of their households. (a)With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (I)You must arrange to defend the "in sured" against, and investigate or set tle any such claim or ·suit" and keep us advised of all proceedings and ac tions. {II) Neither you nor any other involved "insured" will make any settlement without our consent. (Ill) We may, at our discretion, participate in defending the "insured" against, or In the settlement of, any claim or "suit". (Iv) We will reimburse the "Insured" for sums that the "Insured" legally must pay as damages because of "bodily Injury" or "property damage" to which this insurance applies, that the "in sured" pays with our consent, but only up to the limit described In Para graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE. (v)We will reimburse the "insured" for the reasonable expenses Incurred with our consent for your investiga tion of such claims and your defense of the "insured" against any such "suit", but only up to and Included within the limit described in Para graph C., Limits Of Insurance, of SECTION II -COVERED AUTOS LIABILITY COVERAGE, and not In addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of Insurance In payments for damages, settlements or defense expenses. (b)This Insurance is excess over any valid and collectible other insurance available to the "Insured" whether primary, excess, contingent or on any other basis. (c)This insurance is not a substitut e for re quired or compulsory Insurance In any country outside the United States, its ter ritories and possessions, Puerto Rico and Canada. Page 2 of 4 C 2015 The Travel81'S Indemnity Company. AU rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Office, Inc. with its permission. You agree to maintain all required or compulsory insurance In any such coun try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not lnvalldate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory In surance requirements. (d)It is understood that we are not an admit ted or authorized insurer outside the United States of America, Its territories and possessions, Puerto Rico and Can ada. We assume no responsibility for the furnishing of certificates of Insurance, or for compliance In any way with the laws of other countries relating to Insurance. G.WAIVER OF DEDUCTIBLE -GLASS The following Is added to Paragraph D., Deducti ble, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: No deductible for a covered •auto· will apply to glass damage If the glass Is repaired rather than replaced. H.HIRED AUTO PHYSICAL DAMAGE-LOSS OF USE -INCREASED LIMIT The following replaces the last sentence of Para graph A.4.b., Loss Of Use Expenses, of SEC TION Ill -PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one ·accident". I. PHYSICAL DAMAGE -TRANSPORTATION EXPENSES -INCRE ASED LIMIT The following replaces the first sentence In Para graph A.4.a., Trans portation Expenses, of SECTION Ill -PHYSICAL DAMAGE COVER AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense In curred by you because of the total theft of a cov ered •auto• of the private passenger type. J.PERSONAL PROPERTY The following is added to Paragraph A.4., Cover age Extensions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Personal Property We will pay up to $400 for "loss" to wearing ap parel and other personal property which is: (1)Owned by an "insured"; and COMMERCIAL AUTO (2)In or on your covered "auto·. This coverage applies only In the event of a total theft of your covered •auto•. No deductibles apply to this Personal Property coverage. K.AIRBAGS The following Is added to Paragraph B.3., Exclu sions, of SECTION Ill -PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered ·auto• you own that in flate due to a cause other than a cause of "loss• set forth In Paragraphs A.1.b. and A.1.c., but only: a.If that ·auto• Is a covered "auto· for Compre hensive Coverage under this policy: b.The airbags are not covered under any war- ranty; and c.The airbags were not Intentionally Inflated. We will pay up to a maximum of $1,000 for any one "loss·. L.NOTICE AND KNOWLEDGE OF ACCIDE NT OR LOSS The following Is added to Paragraph A.2.a., of SECTION IV -BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa tive prompt notice of the ·accident" or "loss" ap plies only when the ·accident· or "loss· is known to: (a) You (if you are an individual); (b)A partner (if you are a partnership); (c)A member (if you are a limited llabllity com pany); (d)An executive officer, director or Insurance manager (If you are a corporation or other or ganization): or (e)Any "employee· authorized by you to give no tice of the ·accident" or "loss•. M.BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -BUSINESS AUTO CONDI TIONS: 5.Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex tent required of you by a written contract signed and execute d prior to any ·accident• or "loss•. provided that the "accident· or "loss· arises out of operations contemplated by CA Tl 53 0215 C2015 The Travelers lndemrity Company. AA rights reserved. Page 3 of 4 Includes copynghted material ct Insurance Services Office, Inc. with Its permission. COMMERCIAL AUTO such contract. The waiver applies only to the person or organ ization designated In such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following Is added to Paragraph 8.2., Con cealment, Misrepresentation, Or Fraud, of SECTION IV -BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error In, any information given by you sha ll not prejudice your rights under this insurance. How ever this provision does not affect our right to col lect additional premium or exercise our right of ca ncellation or non-renewal. Page 4 of 4 C 2015 The Travelers Indemnity Company. All rights resefVed, CA Tl 53 0215 Includes copyrighted material of Insurance Services Offico, Inc. with Its permission. BA0L932023 COMMERCIAL AUTO THIS ENDO RSEMENT CH ANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY WITH OTHER INSURANCE This endorsement modifies Insurance provided un der the following: BUSINESS AUTO COVERAGE FORM PR OVISIONS 1.The following is added to Paragraph A.1.c., Who Is An Insured, of SECTION II -COVERED AUTOS LIABILITY COVERAGE: Any person or organization who is required undera written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily Injury" or"property damage" occurs and that is in effectduring the policy period, to be named as an addi tional Insured Is an "Insured" for Covered AutosLiability Coverage, but only for da mages to whichthis Insurance applies and only to the extent that person or organization qualifie s as an "insured"un der the Who Is An Insured provis ion contained In SECTION II. 2. The following Is added to Paragraph 8.5., Other Insurance of SECTION IV -BUSINESS AUTO CONDITIONS: Regardless of the provisions of paragraph a. and paragraph d. of this part 5. Other Insurance, this Insurance is primary to and non-contributory with applicable other Insurance under which an addi tional insured person or organization is the first named insured when the written contract or agreement between you and that person or or ganization, that is signed and executed by you before the "b odily Injury• or "property damage" occurs and that Is in effect during the policy pe riod, requires this insurance to be primary and non-contributory. CA T4 74 0215 C 2015 The Travelers lndemrity Company. All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance SllfVlces Office, Inc. with its permission. POLICY NUMBER: BA0L932023 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY -NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE CANCELLATION: Number of Days Notice of Cancellation: _3_o _ PERSON OR ORGANIZATION: Any person or organazalion to whom you have agreed In a written contract that notice of cancefla1ion 0111\18 polcy wlH be glv.n, but on!y tr: ,. You sena us a wntten requ85t to prOVlde sueh nOli::e, lndudlng the name end address of such person or organization, after the first named Insured recleves nollce from us of 1he �18t!on of this policy: and 2. We receive aueh Wlllten request at least 14 days befor,, the beginning of the applicable numbet or days shown in this Schedule. ADDRESS: The address for that person or organization included in such written request from you to us. PROVISIONS: If we cancel this policy for any statutorily permitted reason other than nonpayment of premium, and a number of days is shown for cancellation in the schedule above, we will mall notice or cancellation to the person or organization shown in the schedule above. We will mail such notice to the address shown in the schedule above at least the number of days shown for canoellation in the schedule above before tne errectIve elate or canoellatlon. IL T4 05 0311 e 2011 The Travelers Indemnity Company. All rights reserved. Page 1 of 1 1exasMutuaI® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 42 03 04 B Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations:All Texas operations 3.Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11/29/19 at 12:01 a.m. standard time, forms a part of: Policy no. 0002006571 of Texas Mutual Insurance Company effective on 11/29/19 Issued to: WRIGHT CONSTRUCTION COMPANY INC NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12058, Austin, TX 78711-2058 texasmutual.com I (800) 859-5995 I Fax (800} 359-0650 Authorized representative 11/21/19 WC42 03 04 B 1.exasMutuaI® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILITY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC 42 06 01 Insured copy This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1.Number of days advance notice:30 2.Notice will be mailed to:PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 11/29/19 at 12:01 a.m. standard time, forms a part of: Policy no. 0002006571 of Texas Mutual Insurance Company effective on 11/29/19 Issued to: WRIGHT CONSTRUCTION COMPANY INC NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12058, Austin, TX 78711-2058 texasmutual.com I (800) 859-5995 I Fax (800} 359-0650 Authorized representative 11/21/19 WC 42 06 01 ENV-CPL 00003 00 (02/12)Page 7 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. 4. Any person or organization with whom you agree to include as an insured in a written contract or written agreement, but only with respect to bodily injury,property damage,environmental damage or emergency response expense arising out of your work. 5. Any person or organization that has at least a 50% controlling interest in you but only with respect to bodily injury,property damage,environmental damage or emergency response expense arising out of their financial control of you. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION III – EXCLUSIONS This insurance does not apply to: 1.Contractual Liability Bodily injury,property damage, environmental damage or emergency response expense for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: a. That the insured would have in the absence of the contract or agreement; or b. Assumed in a contract or agreement that is an insured contract, provided the bodily injury, property damage,environmental damage or emergency response expense occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract, reasonable attorneys’ fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury,property damage,environmental damage or emergency response expense, provided: (1) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same insured contract; and (2) Such attorneys’ fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2.Criminal Fines, Penalties and Assessments Any criminal fines, criminal penalties or criminal assessments. 3.Damage to Conveyance Property damage to any conveyance utilized during transportation. This exclusion does not apply to claims made by third-party carriers for such property damage arising from the insured’s negligence. 4.Damage to Property Property damage or environmental damage to: a. Property you own, rent, or occupy including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance Pollution Policy #0312-1244 11/29/2019 to 11/29/2020 ENV-CPL 00003 00 (02/12)Page 14 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. b. To sue us on this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 12.Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this policy, our obligations are limited as follows: a.Primary Insurance This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in Paragraph b. below. However, in the event that a written contract or written agreement requires this insurance to be primary for any person or organization with whom you agreed to insure and such person or organization is an insured under this policy, we will not seek contributions from any such other insurance issued to such person or organization. b.Method of Sharing If all of the other insurance permits contribution by equal shares, we will also follow this method. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. c.Project Specific Insurance Policy Notwithstanding Paragraphs a. and b. above, if a project covered under this policy is insured under a policy specifically purchased to apply to such project, this policy will apply excess of such policy. 13.Premiums and Deductible The first Named Insured shown in the Declarations: a.Is responsible for the payment of all premiums; b. Will be the payee for any return premiums we pay; and c. Is responsible for the payment of all deductibles. 14.Representations a. By accepting this policy, you agree: Pollution Policy #0312-1244 11/29/2019 to 11/29/2020 ENV-CPL 00003 00 (02/12)Page 15 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. (1)The statements and information in any Application and/or Questionnaire and other supplemental materials submitted to us are accurate and complete and are material to our underwriting of this policy; (2)Those statements and the information provided are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Misrepresentation, concealment, breach of a term or condition, or violation of any duty under this policy by one insured shall not prejudice the interest of coverage for another insured under this policy. Provided, however, that this condition shall not apply to any insured who is a parent, subsidiary or affiliate of the first Named Insured. 15.Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. 16.Service of Suit In the event of our failure to pay any amount claimed to be due hereunder, we, at your request, will submit to the jurisdiction of a court of competent jurisdiction within the United States. Nothing in this condition constitutes or should be understood to constitute a waiver of our rights to commence an action in any court of competent jurisdiction in the United States, to remove an action to a United States District Court, or to seek transfer of a case to another court as permitted by the laws of the United States or of any state in the United States. It is further agreed that service of process in such suit may be made upon counsel, Legal Department, Allied World Assurance Company (U.S.) Inc., 199 Water Street, 24th Floor, New York, NY 10038 or his or her representative, and that in any suit instituted against us upon this policy, we will abide by the final decision of such court or of any appellate court in the event of an appeal. Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, we hereby designate the Superintendent, Commissioner or Director of Insurance, or other officer specified for that purpose in the statute, or his or her successors in office, as its true and lawful agent upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on your behalf or any beneficiary hereunder arising out of this policy of insurance and hereby designates the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. 17.Transfer of Rights of Recovery Against Others to Us If you have rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. You must do nothing after loss to impair them. At our request, you will bring suit or transfer those rights to us and help us enforce them. However, we waive our right(s) of recovery against any person or organization if and to the extent you have agreed to waive your right(s) of recovery against such person or organization in a written contract signed by you prior to the first commencement of a pollution incident out of which the claim or request for emergency response expense arises under Section I – Coverages, 1. Insuring Agreement. Pollution Policy #0312-1244 11/29/2019 to 11/29/2020 ENV-CPL 00003 00 (02/12)Page 16 of 22 Includes copyrighted material of Insurance Services Offices, Inc. with its permission. Any recovery as a result of subrogation proceedings arising out of the payment of loss covered under this policy shall accrue first to us to the extent of our payment under the policy, and then to you to the extent of your deductible. Expenses incurred in such subrogation proceedings shall be apportioned among the interested parties in the recovery in the proportion that each interested party’s share in the recovery bears to the total recovery. 18.Transfer of Your Rights and Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent, which shall not be unreasonably withheld, except in the case of death of an individual Named Insured. If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 19.When We Do Not Renew If we decide not to renew, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than ninety (90) days before the expiration date. If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION VI – DEFINITIONS 1.Auto means: a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. b. Any other land vehicle that is subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged. However, auto does not include mobile equipment. 2.Bodily injury means bodily injury, physical injury, sickness, building-related illness, mental anguish, shock or emotional distress or disease sustained by a person, including death resulting from any of these at any time. Bodily injury damages shall include monetary awards or settlements of compensatory damages and where allowable by law, punitive, exemplary, or multiple damages, and civil fines, penalties, or assessments for bodily injury. 3.Claim means a demand seeking a remedy and alleging liability or responsibility on the part of the insured. 4.Clean-up costs means reasonable and necessary expenses, including restoration costs and legal expenses incurred with our prior written consent, which consent shall not be unreasonably withheld or delayed, to investigate, abate, contain, treat, remove, remediate, monitor, or dispose of soil, surfacewater, groundwater or other contaminated media but only: a. To the extent required by environmental laws; b.For those costs that have been incurred by the government or any political subdivision of the United States of America (including its territories and possessions), Puerto Rico and Canada or by third parties; or c. In the absence of a. above, to the extent recommended by an environmental professional. Pollution Policy #0312-1244 11/29/2019 to 11/29/2020 • • T �ERCHANT�� Bond #TXC613112 BONDING C�MPANYra POWER OF ATTORNEY Know All Persons By These Preserits, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of lowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Elena Sells; Jennifer Picchi; Kathy Sells; Lanny Land; Steven W Lewis their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the pertormance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of MerchantsNational Bonding, Inc., on October 16, 2D15. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship o bligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State ofFlorida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. in connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 11th day of February , 2020 ��.,... �...... . • - •. '��.�PtlO Nq� •���� �. ���NG ,�O�p.. ; y.� pRp�Rq' O'. :��: QF���/Q,4•,9y � MERCHANTS NATIONA BONDING,( NC. UAL) Cli. 'V i'�;Z � . C> .�•. ,L • :Q:? -O- d:�: :�:._ -o- o� : :_'• 2003 :;,� e: y,� 1933 'e: By � • J• � 1r. � '.'dvl�' ' �1�•` �. t��j�.. Q. '•.�df� �" � "�• rJ �.•� •. � � � ���� President STATEOFIOWA ••���r����������• ��������• COUNTY OF DALLAS ss. On this 11th day of February 2020 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,���AE s POLLY MASON � . o � Commission Number 750576 �� �/V�-q,�o'�-' � ° ° ° ° '' My Commission Expires ���„P � January 07, 2023 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 4th day of August , 2020 . �......,,, .. - .. .••''�P.���Nq��''••. •o�o��'Po °'�.�•. :�? pR��Rq��o % ; m.•'o� 99''�y � ��'%�+�r/ 6�'� ?2:2�' ��:y ; • V .*•.,c. �v; .�:2 -o- �� : ' ; j' 2063 � �s�zl� � y � 933 v'y � Secretary :d' '� : •.�d• •;;��: •.,v'�'•••.. . ; ' �..• .,�'!v • � •''��: POA 0018 (1/20) •���..,:;...•�'� �'• •...... Bond #TXC613112 OOG213-1 PERFORMANCEBOND Page 1 of2 1 2 3 4 5 6 7 8 SECTION 00 b2 13 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Wrieht Construction CO.. Inc ` _ _, known as "PrincipaP' herein �d Merchants Bonding Company (Mutual) , a corporate surety (suretie5, ifmore 9 than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether 10 one or more), are held and f rmly bound unto the Developer, Forestar i USA � Real Estate_ Grou� , 11 Inc., authorized to do business in Texas ("Devel�per") and the Gity of Fort Worth, a Texas 12 municipal corporation ("City"), in the pena! sum of, One Mill�on. Five Hundred Sixt� -Six 13 Thousanci_ Fiftu-Two Dvllars and Ninety-Eieht Cents {$1.566,052.98), lawful money of the 14 United 5tates, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum IS well and traly to be made jointly unto the Developer and fhe City as dual obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointty and severally, 17 firmly by these presents. 18 WIiEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth by and through a Community Facilities 20 Agreement, CFA Number CFA20-0080; and 21 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 22 the 4th day of August , 2020 , which Contract is hereby referred ta and made a 23 part hereof for all purposes as if fixlly set forth herein, to furnish ail materials, equipment labor 24 and other accessories defined by law, in the prosecution of the Work, including any Change 25 Orders, as provided for in said Contract designated as Bar C Ranch Phase S, CPNNo. 102396. 26 NOW, THEREFORE, the candition of this obligation is such that if the said Principal 27 shall fait[�fully perform it obligations under the Contract and shall in ali respects duly and 28 faithfully perform the Work, inciuding Change Orders, under the Contract, according to the plans, 29 specifications, and contract documents therein referred to, and as well dnring any period of 30 extension of the Contract that may be granted on #he part of the Devetoper and/or City, then this 31 obligation shall be and become null and void, otherwise to remain in full force and effect. CITY OF FORT WORTH Bar C Ranch Phase S STANDARD CTTY CONDiTIONS — DEVELOPER AWARDED PROJECTS CPTI No, l D239G Revised January 3I, 20 f 2 Bond #TXC613112 006213-2 PERFORMANCE BOND Page 2 of2 1 2 PROVIDED FLTRTHER, tha.t if any legal action be iiled on this Bond, venue shall lie in Tarrant Coanty, Texas or the United States District Court for the Northern District of Texas, Fort 3 Worth Division, 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code, as amended, and all liabilities on this bond shali be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the . 4th day of g August 20 20 10 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: �' ` ���. -- (Princ��al) Secretary � � _. , �. Witness as to Frincipa! PRINCIPAL: Wri�ht Canstr ►o O }c. BY: Si�nar 4. ' -- � ' ' - � --- Name and Title Address: 601 W Wall St G�. TX 76051 SURETY: Merchants Bonding Company (Mutual) BY: -- � � Signature Elena Sells, Attorney-In-Fact Name and Title � �"� � Wi n s as to Surety lennifer Clark Address: P•0. Box 14498 Des Moines, IA 50306-3498 6700 Westown Parkway, Des Moines, IA 50266-1158 Telephone Number: (515) 243-8171 �Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be pravided. The date of the bond shall not be prior to the date the Contract is awarded. CTTY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CiTY CQNDTTIONS —DEVELpPER AWARDED PROJECTS CPNNo. 702396 Revised January 31, 2012 Bond #TXC613112 04 62 14 - 1 PAYIvtENT BOND Page 1 of 2 i 2 3 4 5 6 THE STATE OF TEXAS COUNTY OF TARRANT SECTION QO 62 14 PAYMENT BOND § § KNOW ALL BY THESE PRESENTS: § 7 That we, Wri�ht Construction CO.. Inc. _ , known as"Principa(" herein, g �d Merchants Bonding Company (Mutual) , a corporate surety (or sureties if 9 more than one), duly authorized to do business in the State of Texas, known as"Surety" herein 10 (whether one or more), are held and firmly bound unto the Developer, Forestar USA Real Estate I1 Group, Inc., authorized to do business in Texas "(Developer"), and the City of Fort Worth, a 12 Texas municipal corporation ("City"), in the penal sum of One Million. Five Hundred Sixr�-Six 13 Thousand. Fiftv-Two Do(lars and Ninetv-Ei�ht Cents (�1.566,052.98), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made jointly unto the Developer and the City as dua.l obligees, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities 20 Agreement, CFA Number < CFA20-0080; and 21 WHEREAS, Principal has entered into a certain written Contract with Developer, 22 awarded the _4th day of ,4ugust �, 20 20 , which Contract is hereby 23 referred to and made a part hereof for all purposes as if fully set forth herein, to fumish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Bar C Ranch Phase S, CPNNo. 102396. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and a(1) payment bond beneficiary (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract, then this obligation shall be and become null and void; otherwise to remain in fiill 30 force and effect. CITY OF FORT WORTH STANDARD C1TY CONDiTIONS —DBVELOPERAWARDED PROJECTS Revised January 31, 2012 Bar C Ranch Phase 5 CPNNo. 101396 Bond #TXC613112 006214-2 PAYMENI' BONU Page 2 of 2 _ 1 Tlus bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amencted, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and ufficers on this the 4th day of g August � Zp 20 7 8 9 10 il 12 13 AT'T'EST: �-- ` � �.r _ _ _� (Princip i) Secretary ++ — + � 1 � i Witness as to Principal ATTEST: N/A (Surety) Secretary �lJ�^" i`� Wit e aS to Su[ety lennifer Clark �� PRINCIPAL: Wri�iJrt Construc ' , nc. BY: �gnatu � ;� 1 ' Name and Title �� � Address: 601 W Wall St Gr�evine. TX 76051 SURETY: Merchants Bonding Company (Mutualj BY: � Signature � s Elena Sells, Attorney-In-Fact Name and Title � Address: P•O. Box 14498 Des Moines, IA 50306-3498 6700 Westown Parkway, Des Moines, IA 50266-1158 Telephone Number: (515) 243-8171 Note: If signed by an offtcer of the Sarety, there must be on file a certiiied extract from the bylaws showing that this person has authority to sign such obligation, Tf Surety's physical address is different from its mailing address, both must be pro�ided. The date of the bond shail not be prior to the ciate the Contract is awarded. 14 END OF SECTION CITY OF FORT WORTH STANDARD CIT'I' CONDTTIONS — DEV&LOPER AWARDED PRQJECTS Revised January 31, 2D 12 Sar C Ranch Phase S CPNNo. I02396 Bond #TXC613112 00 62 19 - 1 MATNTENANCE BOND Page ] of 3 1 2 3 4 5 6 7 8 SECTION 00 62 19 MAINTENANCE B�ND THE STATE OF TEXA.S § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we VJri,�ht Construction C�J.. Inc. , known as"Principal" herein and Merchants Bonding Company (Mutual) , a corporate surety (sureties, if more 9 than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether 10 one or more), aze held and firmly bound unto the Developer, Forestar USA Real Estate Grou�. 11 Inc., authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas 12 murucipal corporation ("City"), in the sum of �ne Million. Five Hundred Sixt� -Six Thousand, 13 Fi -Two Dollars and Nine ,-t�Ei�ht Cents ( I.566.05_ 2�48), lawful money of the United States, to �4 be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made 15 jointly unto the Developer and the City as dua,l obligees and their successors, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns, jointly and severally, firmfy by these 1� presents. 18 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the Ciry of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number CFA20-0080; and 22 WHEIiEAS, the Principal has entered into a certain written contraet with the Developer 23 awarded the 4th day of August � , 2p ZO , W�ch Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order {collectively herein, 27 the "Work") as grovided for in said Contract and designated as Bar C Ranch Phase 5, CPNNo. 28 102396; and 29 30 WHEREAS, Principal binds itself to use such materials and to so construct ihe Work in 31 accordance with the plans, specifications and Contract Documents that the Work is and will 32 remain free from defects in materials or workcnanship for and during the period of two (2) years 33 ai%r the da.te of Fina1 Acceptance of the Work by the City ("Maintenance Period'�; and 34 CITY OF F�RT WORTH Bar C Ranch Phase S STANDARD C1TY CONDITIONS — AEVELOPER AWARDED PROJECTS CPNNo. 1 D1396 Revised January 31, 2012 Bond #TXC613112 406219-2 MAINTENANCE BOND Page Z of 3 1 2 3 4 5 6 7 8 9 IO il 12 13 14 IS 16 17 18 19 20 21 22 23 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the Developer and/or City of the need thereof at any time within the Maintenance Period. NOW T1iEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Wark, for which timely notice was provided by Developer or City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so ta repair or reconstruct any time(y noticed defective Work, it is agreed that the Developer or City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance Bond; and PRUVIDED FURTHER, that if any legal action be fited on this Bond, venue shall lie in Tarrant County, Te�s or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature arid successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CITY CONDTl'IONS — DEVELOPER AWARDEI) PRdJECTS Revised January 3 l, 2012 Bar C 14nnch Phase 5 CPN Na. 102396 Bond #TXC613112 OOb219-3 MAINTENAN'CE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instnunent by duly authorized agents and officers on this the 4th �ay of 3 August 2420 4 5 6 7 8 9 14 11 12 13 14 15 16 1? 18 19 20 21 22 23 24 25 26 27 2$ 29 30 31 32 33 34 35 36 37 38 39 40 41 42 ATTF�STa} T� _ j � �r ['Princi al) Secretary �� —� - --- - l�ritness as to Principal ATTEST: N/A (Surety ecretary � �� VJitnes ta Sure lennifer Clark PRINCIPAL: Wriaht Constru ' . Inc. BY: 5i a e � Name and Title Address: 60t W Wall St Gra1tie�ine TX. 76051 �^ SURETY: Merchants Bonding Company (Mutual) BY: Signature � _ � Elena Selis, Attorney-In-Fact _ Name and Title Address: P•0. Box 14498 Des Maines, IA 50306-3498 6700 Westown Parkway, Des Moines, IA SD266-1158 Telephone Number: _�515) 243-8171 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shai! not be prior to the date the Contract is awazded. Cl'FY OF PORT WORTH STANDARD C1TY C�NDITION3—DEVEL�PER AWARDED PROJECTS Revised Tanuary 3 t, 2012 Bar C Ranch Phase S CPNNo. 102396 an1243 HAR C R4NCH PHASE 5-BID PROI`bSAL Page 3 of 9 SECiION OD 42 43 Developer Awarded Proqects - PROPOSAL FOR{VI UNIT PRICE BID Bidder's Application Project Item fntormatinit 13idder's Proposal 6idtist dieni Specification Ua�t of Bid Nq L7escription Section No. Measure Quam[ry Vnit Price Bid Value LiNIT IV: PAVING IMPROVEMENi'S 'E 3211.04Q0 Hydrated Lime (32#!Sl') 32 1'[ 29 TN 136 $'175A0 $23,625.00 2 3211.0501 6" Lime Treatment 32 11 29 SY 8414 $4.70 �39,545.80 3 3213.016'i 6" Concrete Pvmt 32 13 93 SY 7670 $38_OS $299,453.50 4 3213.0361 4" Conc Sfdewalk 32 13 20 SF 2520 $B.DO $15,120.00 5 3213.0508 6arrier Free Ramp, Type P-1 33 13 20 �A 2 $1,800.00 $3,6�OA0 B 9999_0011 Rempve & Relocate Typa III Barricade 0� �0 �0 EA 3 $1,250.4fl $3,75Q.40 i 9989.0012 Furnishllnsfal Alum Sign Ground i�llounY 00 00 00 EP. 4 $SDO.aO $2,006.60 8 9999,0013 SWPPP Mafntenance OD 0a 00 LS 1 $1,000.00 $9,OOO.QO _ 9 1D 11 - - - -- --- -- -- _ - - 12 ___�_..__.�__��__�.__�._ . _ . __ ._ ...._� ___.�_.____�._-- _ -- - - -- - _ ---- _ 13 .. . _-- --- __ ___ ,. _ �.__._.._,_ m.__ � ._ _ _ __ 14 15 .. _. . .....�..__.._._._.�.__....._..._._......_._,.�__.__-_ _ _ __.._ .- - -- - �.__- _ _ .. . _�..��_�_..�- -------_..__ _ _ __.... 16 ._... _. . ___���.v_� �_. —_ --- _ - - - _ 17 �� _._. _ __ -- _ 18 19 -- - - __ - ---- . _._. _ .. _. _ za - ------ -- - -- ....... ..........- ----- -...._ _.... _.. . ... . . . ___ __.. . .. ._... 2� _ --_—_�. _� _ .___._.. __ ___.... . __ _ .._ 2z _.�___��_____...���..__._.��. _ _ _. .. __ _ 23 - - - --- ---- -- ___ _ _ _ — _ - -- — - 24 -.. - ----- -- ------- -------------- ..... ............- - -- - -- --- -. _.... .....- -- -- --. __._...... 25 _ --- - --- _ __ _ _ - -. _ _ _ _ 26 ------------ _---- ---..._.. ...-------- �------ . . - ---- .. .. , _ ___-__._�__ ... _.__-- _ - - _ ------ - --- - 27 .� _.__ __�._.. _._. _ . _. - ---. 2$ 23 ------ - - -- - - - - - �_ _ __.__ ___---____------- ----- ---- ---- ... ..... .. .. . ..........._._ ..._..__ . _... _�. . . 30 _ ._ ._ .._��_� ____----__ _ - - _ __ _ --- _ __ 31 __..__._.._...__. _... _�._ �..-- __� _�,__... .. .. ...... ... ...... ..—.. _... ......_ _ .._ .. .. _ .... 32 -------____________,______.___.. _ ..___._ .. 33 34 --� --- -- . . .. . .. .. . . ... . . -- - ----- --- - --- ---- - --. _._ _.._.. -----------_.. _ _ .. __ __�, __ _-.__.,_ _ �_ ,_ _ _ _._,_. 35 38 -------------------------.... ..............------,---------_ _..---------- 37 _ - -- --- _ 38 ___ ---------------- --.__..-----._.._..... . _ ..... _... .. . . . _ _... 39 -- -- -------- - -- . .. . .. . _. . . ...___ .-. __.-___---- _ _ _. - - - _ . _ . ._ . __ _ . . . .. . . . .. . . 90 __�..._...__... ----_ - __--------- ....- --- - - ... . .... . ._ . _ _ . .. ...... - _ _ ._ _. 41 __ 42___ _ . _.._. . 43 TOTAL UNfTiV: PAVING [MPROVEMEkTS $386,094.30 CSTY OF FOAi }yORTH STANOARD CONSlR1ICTION SPEC�[CATION dOCLlMENl`S - UEV£LOYE12 A WAanLo PRpJcCTS Fom� VcrsionMa� 22. 20i 9 06 42 53 6id Proposal B�irC Ph 5,xls on az a� BAR C RAN(;H PHASE 5- BIU PNpNp$,AL. Page 9 af 9 SEC710N UD 42 43 �eveloper Awarded Frojects - pRpppSAL FOitM UNIT PRfCE BID Bidder's Application Project I¢em InFormatioa Bidde�s Proposa€ IIidlis[ item . Specification Unit of Bid De5cr�ption Llmt Pnce Bfd Value No. Section IVo. Measure Quantiry Bid Uf�IT I!: SANITRRY SEWER IMPROVEMENTS UNiT III: DRRINAGE IMPROVEMEN7S _.. . . _. .. . ... UNIT iV' PAVING IMPROV�MENTS UNIT V: STREET LIGHTING IMPROVEMENTS "i'olai Constraction Bid This Bid is submittcd hy thc cnritr named below: BiDDER: Glenn'Ihnrman, lnc. P.O. Bax 850842 n�esy��ce, rx rsias Contrnctor ngrees to complete W OAK far F1�9AL ACCEPTANCE within CONTRACT tommences to run as provided in the Ceoeral Condilioas. — $368,094.30 _ _ - BY: � ��r�s'l�S.-ti'" / TI']'L�_ �� - - - -.+ .... ,�AT�: 4 � ,/ z-�� �working days after the date when the END DF SECT[ON CITY OP F'ORT WOR7H ST.5h17.4R➢ CONSTRlJCF19N SPECiF7CATION aOC[Ilv[EYTS - OGVEI,OPER A W AAt]F.0 PR07EC75 Fom� Vession Mny 22, 2019 �U 42 43 8id Pmposal Bar C Ph S..Ls 00 45 12 - 1 PREQUALIFICATION STATEMENT Page 1 of 1 1 2 3 4 5 6 SECTION 00 4512 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Prequalification Name Ex iration Date Concrete Paving/Reconstruction �LENN THUR�AN, INC. � i�° � � (Greater Than 1 S, 000 s uare ards 7 8 9 10 I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are cunently prequalified for the work types listed. I :� TI] 1� � � Glenn Thurman Inc By: G� Company Q P.O. Box 850842 Signature: ' Address Mes uite TX 75185 Title: ���� E � City/State/Zip (Please Print) Date: � l � Z�! END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATTON DOCUMENTS Revised July 1, 2011 Bar C Raarch Phase S CPN No. 102396 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 - SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102396. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Glenn Thurman Inc. By: Company Ntaynor P.O. Box 850842 Signature: � Address Mes uite TX 75185 Title: �XECLTTIV� C� F City/State/Zip (Please Print) THE STATE OF TEXAS § COUNTY OF NT �..��� § BEFORE ME, the undersigned authority, on this day personally appeazed t;ary �. �a'Vnor , known to me to be the person whose name is subscribed to the foregoin instrument, and acknowledged to me that he/she executed the same as the act and deed of � r��', IV j� f� �� �� ��./�� �� 1� (�_ for the purposes and consideration therein expressed and in the capacity ttierem stated. GIVEN DER MY HAND AND SEAL OF OFFICE this (Z-'�'' day of 20�� �,,�`�"�, TradA Meek � t * Notary Publk, Stete of Texas -- �''�-t �• ,��� IDq 10548144 Notary Public in and for the S te of Telcas �oF�" My Commiselon F.xplres 0610612024 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCiIMENTS Revised )uly 1, 20ll Bar C Ranch Phase S CPN No. 102396 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN No. 102396 Revised June 16, 2016 SECTION 00 52 43 1 AGREEMENT 2 3 THIS AGREEMENT, authorized on ______________is made by and between the Developer, 4 Forestar (USA) Real Estate Group, Inc., authorized to do business in Texas (“Developer”) , and 5 ______Glenn Thurman, Inc.___, authorized to do business in Texas, acting by and through its 6 duly authorized representative, (“Contractor”). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Bar C Ranch Phase 5____________________________________________________________ 16 City Project No. 102396__________________________________________________________ 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within ____ calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard 24 City Conditions of the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer 27 will suffer financial loss if the Work is not completed within the times specified in 28 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of 29 the Standard City Conditions of the Construction Contract for Developer Awarded 30 Projects. The Contractor also recognizes the delays, expense and difficulties involved in 31 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not 32 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 Developer One Thousand, Two Hundred and Fifty Dollars ($1,250.00) for each day that 35 expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues 36 the Final Letter of Acceptance. 37 working35 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN No. 102396 Revised June 16, 2016 Article 4. CONTRACT PRICE 38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Three Hundred Eighty-Eight Thousand, Ninety-Four 40 Dollars and Thirty Cents ($388,094.30). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between Developer and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form (As provided by Developer) 48 1) Proposal Form (DAP Version) 49 2) Prequalification Statement 50 3) State and Federal documents (project specific) 51 b. Insurance ACORD Form(s) 52 c. Payment Bond (DAP Version) 53 d. Performance Bond (DAP Version) 54 e. Maintenance Bond (DAP Version) 55 f. Power of Attorney for the Bonds 56 g. Worker’s Compensation Affidavit 57 h. MBE and/or SBE Commitment Form (If required) 58 3. Standard City General Conditions of the Construction Contract for Developer 59 Awarded Projects. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project’s Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 75 00 52 43 - 3 Developer Awarded Project Agreement Page 3 of 4 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN No. 102396 Revised June 16, 2016 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs, expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city, its officers, servants and employees, from and against any and all loss, damage 89 or destruction of property of the city, arising out of, or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act, omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 99 the Construction Contract for Developer Awarded Projects. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the Developer. 103 7.3 Successors and Assigns. 104 Developer and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon DEVELOPER and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. 116 005243-4 Developer Awarded Project Agreement Page 4 of 4 117 118 7.6 Authority to Sign. 119 120 121 122 123 124 125 126 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"). Contractor: Glenn Thurman, Inc. Developer: _ Forestar (USA) Real Estate Group, Inc. � �� � 8 : i4 � i. {Si ature) --- — �����-_ . � � �r3l��d� (Printed Name) Title: ���� �� �s�� Company Name: Glenn Thurman, Inc. Address: P.O. Box 850842 City/State/Zip: Mesquite, TX 75185 8 �� Date 127 Title: �� Company name: Forestar (USA) Real Estate Group, Inc. Address: 2221 E. Lazxjar Biud, Suite 79� Citv/State/Zip: Arlirzgton, TX 76006 — � `� � Date CITY OF FORT WORTH Bar C Ra�ch Phare S STANDARD CONSTRUCT[ON SPECIF[CATION DOCUMENTS—DEVELOPER AWARDED PROJECTS CPNNo. 102396 Revised June 16, 2016 _ ua�_x n. eriay�ivi (Printed Name) ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZUR[CH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALIY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of [Ilinois (herein collectively called the "Companies"), by Robert D. Murray, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Ricardo J. REYNA, Tina MCEWAN, Don E. CORNELL, Joshua SAItNDERS, Robbi MORALES, Sophinie HUNTER, Kelly A. WESTBROOK and Tonie PETRANEK, all of Dallas, Texas, EACH, its true and lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and alt bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to ali intents and purposes, as if they had been duly eaecuted and acknowledged by the regularly elected of%icers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By-Laws of said Companies, and is now in force. IN WIT'NESS WHEREOF, the said Vice-President has hereunto subscribed hislher names and affixed the Corporate Seals of the said Zl1RICH AMERICAN INSUItANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 8`h day of November, A.D. 2019. .,� �•.�,, ?,,t"ac!�'.'�"s�'�'�t �, oa,,., �'°'�3 r t �o���`; J�°i ; ^e wr � "�� _' _ ; �, ' BBAL y� J �� � �:Qt i� r � � � �� ��� ` 4 � � � �tii'"w.....� * O Mr �� ��uw�� ATTEST: ZURICH AMER[CAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AIVD SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAIYD ��iG� By.• Robert D. Murray !'ice President -- ,:_l.. jc't<-c.�r�� ,�J ' �_� Lt��r?�. _ By: Dcnvn E. Broivn Secretary State of Maryland County of Baltimore On this 8th day of November A.D. 2019, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personal(y known to be the individuals and o�cers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly s�vorn, deposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals a�xed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the suthority and direction of the said Corporatiorts. IN TESrIMONY WHEREOF, t have hereunto set my hand and affixed my Official Seal the day and year first above written. ,�,.i�nnii�r n `���.�.;::. �:.j�(•�<•, �.�.�.�,p� � "'ti'�+`n'�`?V �' • a• 1Y ' ' � "�r/+.R� Q .>: . a�<' > ' ,� �'; .i; `/ � :'t �`�1,�,' : '-.��.?.. �l�•,�`::�.:, Constance A. Dunn, Notary Public ':,;• ;r;;;;�,:�-`'� �'� My Commission Expires: July 9, 2023 �a,nu���' � , ZURICH Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Zurich North America's toll-free telephone number for information or to make a complaint at: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: AVISO IMPORTANTE Para obtener informacion o para presentar una queja: Usted puede Ilamar al numero de tel�fono gratuito de Zurich North America's para obtener informacion o para presentar una queja al: 1-800-382-2150 Usted puede comunicarse con el Departamento de Se- guros de Texas para obtener informaci6n sobre com- panias, coberturas, derechos, o quejas al: 1-800-252-3439 Usted puede escribir al Departamento P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamaci6n, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU P6LIZA: Este aviso es solamente para propositos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E (O6/15) Page 1 of 1 9September20 9September20 9September20 9September20 9September20 006219-2 MAINTENANCE BOND Page 2 of3 I 2 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 3 upon receiving notice from the Developer and/or City of the need thereof at any time within the 4 Maintenance Period. 5 6 NOW THEREFORE, the condition ofthis obligation is such that if Principal sliall 7 remedy any defective Work, for which timely notice was provided by Developer or City, to a 8 compietion satisfactory to the City, then this obligation shall become null and void; otherwise to 9 rernain in full force and effect. 10 11 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 12 noticed defective Work, it is agreed that the Developer or City may cause any and all such 13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 14 by the Pc•incipal and the Surety under this Maintenance Bond; and 15 16 PROVIDED FURTH�R, that if any lega] action be filed on this Bond, venue shall lie in 17 Tarrant County, Texas or the United States District Couirt for the No��thern District of Texas, Foit 18 Vdorth Division; and 19 20 PROVIDED FURTHER, that this obligation shall be continuous in nature and 2I successive recoveries may be had hereon for successive breaches. 22 23 24 CTTY OF FORT U1+UKTH Bcrr C Ranch Plrase 5 STANDARD CITY CUNUITfONS — DCVELOPCR A WARDED PROJECTS CPA� A'o. /02396 Rcvised lanuaq� 31, 2012 9September20 . ... .. .... . .. . . � �: i �� ..� ,I'� !ti �t. SECTION 00 42 43 Dev2loper A��varded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Pr����ct It��n� [r.1'�,rur,iu�,u lii.IJ���', 1'nip��.ul f3iilisi It�ni �pccil�iruinn l nit �i!' f;iJ lJcscnE�u„n l :ii; ['� is f;iJ \ :i!ur \o ��cu�>n A,, AI�,i,w�. llu,ir�ui�, UNIT V: STREET LiGHTING IMPROVEMENTS 1 2605 3015 2" CONDT PVC SCH PO (T) 26 05 33 LF 432 S'Is.58 56.298.56 2 344�1 3050 Furnish/Install LED Lighting Fixture 34 41 20 EA 14 5308.00 54.312.00 S 344'L3301 Rdwy Illum Fo�mdation TY 11 34 41 20 E� 14 51,534.00 S�1.476.00 4 3441.3341 Rdwy �Iluim TY 11 Pole 34 41 20 EA 14 �2,298.52 �32 179.20 5 3441.340'I 6-6-5 Tripl2x Alum Elec Conductor 34 41 20 LF 432 54.59 51.982 88 TOTAL UNIT V: STREET LIGHTING IMPROVEMENT S6G.248.72 � : . . �:: ..�,.... ����,�'`i�.\i<li�-��,:�i'!7i-����;��\�I��i:�. Il.c �,�!ri.�;i��t�' - . .�ii�� �ttii:i���Itii; .. .. . . . . .. -I�:l:l-� . �i.. ,�iti�,�ii`,i:i. , . � -- - lt�,l � :,i�, ,�I i'�:!r l� . ,.. - II. �t� . ,, i�ill�•:I ;�i �... 1.�.....\li....., ' .iiil..�l..'ll\�.. .........•� �. SECTION 00 42 43 D2velocer ,��varded Projects - PROPOS,�� FORNI UNIT PR10E BID Bidder's Application Pi�.��.�� [t.in !i:l���n�:�ti�,n I,iJ;_Ir:��; Pr��r,>:il Gi�llu� It�•ni ���c�i(icuuun l�i:n ��I� Li�l U�;uipli�,it l,�ni; I'���r.�: I;�.! V�,uu� \�' jccU�;nA�, AIr.i,urc Ou;�nui�, � t3id �umivar� UNIT i: ��JATER IMPRO�/EUIENTS Ui�IIT II: S,�NITA?Y SE�J�/ER IMPRO�lEN1E�ITS UNIT III: DR,\IN,�,GE IMPROVEMENTS UI�11T I�/: PaVI(�1G I�/1PROV�NiENTS UiIIT V STREET LIGHTIi�lG IMPROVE�1/IE�ITS 566.248 72 7'ul:il Cunsiruclian l3id $06,248.72 l hi, 13ic1 is .ubmittcd b� tlic ci�tih n:imcd bcloti�: BIDllI•:R: Bl�: �Z�c`: �:-i �,�� ,i' _ 1111 I:. (,.�ri �\ ,rtii. l'\ "6i I'"+ D.1"I l:: Contraetor uarces iu cumplctr �V�{)R1� fiir� I� 1V�:A1. .AC('LP'f.A\('6 ��ithin �u �eurlciii�, d;t�s al9cr lhc d:�lc �� 6cii tlic COtiI'R:\( f cummcuccs to run :u pru� idcd in thc (�cncral Condiliuns E\D O1� SI:C'CIO\ i I i', � t i'r �r � i i.: ;':�.-i i I; �� � i ��1 .f��.,�.:��,��,����!i ,��\,;��:�i��c ; ;i��:l��r�:+.(�-�,,.�_iii-� -_iil'i;t �'�.;{.I'��i�l,:��i�.� �y .�::i'.,,.,, .`.i.:�. _ �I „ ., � - - 'li � i' � �Il.,i , 00 45 12 - I PREQUALIFICATION STATEMENT Page l of 1 1 2 J 4 5 6 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Prequalification Name Ex iration Date Roadway and PedestYian Li htin Independent Utility Construction, Inc, 04%03/2021 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Independent Utilitv Construction, Inc. By: Richard Wolfe Company � lease Print) 5109 Sun Valle Drive Signature: �" Address ' Fort Worth, TX 76119 Title: President City/State/Zip (Please Print) Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 07-30-2020 Bar C Ranch Phase .i CPN No. 102396 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ;o 31 32 33 34 35 36 37 38 39 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102396. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Independent Utilitv Construction, Inc. By: Richard Wolfe Company � lease Print) � % � 5109 Sun Valle_ Drive Signature: Address Fort Worth TX 76119 Title: President City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT � 0 BEFORE ME, the undersigned authority, on this day personally appeared Richard Wolfe , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of lndeper�dent Utility Construction; lnc. for the purposes and consideration therein expressed and in the capacity therein stated. , �,� � . GIVEI��IN ER MY HAND A _ EAL OF OFFICE this �� day of ,� �� ,20 , �� 1{ .. T� j\ ��-, 4 I � d i . \ �' i � �'"11f'��. CHRISTINA GARCIA � L.:'�. ' ..-� � � . `����p,Y P�j���A .�.• ��; Notary Pubiic, State ot Texas otary Public in and for the State of Texas :`���.'�; Comm. Expires 12-20-2020 '���TF Of ��4"��. �•,,��,��r Notary !D 1309407$5 ND OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Bar� C Ranch Phc�se S CPN No. 10?396 working 0052�43-2 Developer Awarded Project A;reement Page 2 of 4 38 Article 4. CONTRACT PRICE 39 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 40 Documents an amount in current funds of Sixtv-Six Thousancl. Two Hund�ed Fo��tv-Ei� Dollars 41 and Seventv-Ttivo Cents ($66,248.72}. 42 Article 5. CONTRACT DOCUMENTS 43 5.1 CONTENTS: 44 A. The Contract Documents which comprise the entire agreement between Developer and 45 Contractor concerning the Work consist of the following: 46 1. This Agreement. 47 2. Attachments to this Agreement: 48 a. Bid Form (As provided Uy Developer) 49 1) Proposal Form (DAP Version) 50 2) Prequalification Statement 51 3) State and Federal documents (p��oject specific) 52 b. Insurance ACORD Form(s) 53 c. Payment Bond (DAP Version) 54 d. Performance Bond (DAP Version) 55 e. Maintenance Bond (DAP Version) 56 f. Power of Attorney for the Bonds 57 g. Worker's Compensation Affidavit 58 h. MBE and/or SBE Commitment Form (If required) 59 3. Standard City General Conditions of the Construction Contract for Developer 60 Awarded Projects. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 68 69 70 71 72 73 74 75 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Bar C Ranch Phase S STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPNNo. 102396 Revised June 16, 2016 0052d3-3 Developer Awarded Project �lgreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 78 79 80 81 82 8J 84 85 86 87 88 89 90 91 92 93 94 95 96 97 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sou�ht were caused, in whole or in part, by any act, omission or �egligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or ne�li�ence of the city. Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of 100 the Construction Contract for Developer Awarded Projects. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the Developer. 104 7.3 Successors and Assigns. 105 Developer and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon DEVELOPER and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPNNo. 102396 Revised June 16, 2016 oosza�-a Developer Awarded Project Agreement Page d of 4 117 118 7.6 Authority to Sign. 119 120 121 l22 123 124 125 126 Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties ("Effective Date"}. Contractor: Developer: Independent Utilitv Construction, Inc. Forestar (USA) Real Estate Grou , Inc. � � ►� � ��l �� � (5ignaTure} °� (5ignature] Richard Wolfe, President (Printed Name) Title: President Company Name: Independent Utility Construction, Inc. Address: 5109 Sun Valley Dr City/State/Zip: Fort Worth, Tx 76119 '7 -T? :�2� Date 127 �`��1111111f1►1 ,��+�� C�p1STRlj� �"'�r. �w� ,�y �. .�,, 1'fp �ir _ j s o�'p 0���'Ly�•' . �,: = �=a= _�;USEq� _�- :�' � ; ','��' � s 7 9 ' �;�: ., �,� •......•••'' � �. ,,I�`'►►',ir i i � i ;,ti■''*, r � L C F�- ��/Y � (Printed Name) � Title: � � Company name: Forestar (USA) Real Estate Group, Inc. Address: 2221 E. Lamar Bl�d, Suite 790 Citv/State/Zip: Ariiri�tori, TX 76006 � � � � ac� _. Date CITY OF FORT WORTH Bar C Ranch Phase S STANDARD CONSTRUCTION SPECIF[CATION DOCUMENTS — DEVELOPER AWARDED PROJEC"f5 CPN" No lO1396 Revised June 16,2016 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARIivc� 1 Hl5 SAMt POWER # AND ISSUED PRIOR TO 04l20/i1, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO. 422�052 06 Westfield Insurance Co. Wes'tfie(d National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ofiio Know Al! Men by These Presents, That VJESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its pri�cipal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint CNARLES D. SWEENEY, MICHAEL A. SWEENEY, KYLE W. SWEENEY, ELIZABETH GRAY, JD(NTLY OR SEVERALLY of FORT WORTH and State ot TX its true and lawful Attorney(s)-in-Fact, with fuil pov��er and authority hereby conferred in its name, place and stead, to execute, ackno�vledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . LIMITATI�N: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MOFtTGAGE GUARANTEE, OR BANK DEP�SITORY BONDS. and to bind any of the Companies thereby as fully and to the same eh�tent as it such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the follo�ving resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be (t Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s}-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and ail notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shail be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Furfher Resolved, that the sig�ature of any such designated person and the seal of the Company heretofore or hereafter aifiixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Senior Executive and their corporate seals to be hereto affixed this 20th day of APRIL A.D., 2U1'1 _ �Wa���WIM�y `����������.r�r�� R.r�i1�1li� Corporate .• ti .• , .r ��, sea�s `'�rt�SUfi'4�fC••.•, �,,.�P��C�NAL �ti�,,, ,,.,,QS,hS�Q�:,,�' V1/ESTFIELD INSURANCE COMPANY Affixed v: �.cz. ��' •.' ;�`-''"� �R;fc a WESTF(ELD NATI�NAL INSURANCE COMPANY ' �'� OHIO FARMERS INSURANCE COMPANY V r• - � � ••G,p s_ � `� •.f �� : t � � =� : : � � :,� =�Ka��FR�o :� � ? � � �J �� =� � _ N ; S �1-]_L� � m _ ^ � � : a z � �;�,•.�'-�, '�" f���$s : y �• •" o _' :� : 18 4 8 : ! ; �J� ' z -...w ,{ � ._, t '�`"`^�. �,..�'r` �'••.......•••' '-.,,� ' '' ''-• By: State of Ohio ""'"" '� ��""����k����'''�� ` ��``""��"""���, Richard L. Kinnaird, Jr., Nationa! Surety Leader and County of Medina ss.: Senior Executive On this 20fh day of APRIL A.D., 2011 , before me personally came Richard L. Kinnaird, JC. to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, Ohio; that he is Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like orde�. Notari al `�H�.�«.�....�,�` � Seal ,,•` R� q L •,,., '" • Affixed ,�P:.. -� , S� : 2'�`\`'A�'9' .�: -� . ' �• • William J. Kahelin, A rney at Law, Notary Public State of Ohio : N ;�. ��o My Commission Does Not Expire (Sec. 147.03 Ohio Revised Codej County of Medina ss.: �' ��.��, �re o� o,`,, •.,..,.,.... ..•• I, Frank A. Carrino, 5ecretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. !n Witness Whereof, I have hereunto set my hand and affixed the seals of said Com�ani�s at �Jestfield Center, Ohio, this day of A. D., . �•'��,uii�(���•• .,`,.,,`.,�N�(�',, ,,, .,,.......u,.,,, ! �� .« .. � C i' �`` Q��, �• ��/ ' .r ,�SU `, `'� 0,,.- ,1t�`%s :Q . ,SG: =.��.,....�rC.3 _ �`!!v •�, 't0= �v, .,�=: :��••'' p� -•� � 4 ~t•�.J�•t � � �'�v� '�. � r _n' =a.' �,H1u�T�'0�:�3 � � - N t �� : 2,, _ � ; S �t1L : rn _ � o : : -v = � .� I Seeret �,�,�" ,� �� � : `'� ; 'o = :�d'. 184 8 : � _ y � S'-,,,��� � '` �• y,. •� Frank A. Garrin�, Se;:�etar ,� �� '•--••••-" ', ' •. ,.. ,, �..a,� k ,.�'' -%,, . '��� �. � � �„�,,.. ��.�..��....,..-. BPOACZ (combined) (06-Q2} IMPORTANT NOTICE To obtain information or make a complaint You may call Westfield Insurance Company's and/or Ohio Farmers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-368-3597 You may also write to Westfield Insurance Company and/or Ohio Farmers Insurance Company at: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or Westfield Insurance Company and/or Ohio Farmers Insurance Comapny first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company's / Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-368-3597 Usted tambien puede escribir a Westfield Insurance Company / Ohio Farmers Insurance Company: 555 Republic Drive, Suite 450 Plano, Texas 75074-8848 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o Westfield Insurance Company / Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 9September20 9September20 9September20 9September20 9September20 UO(�� I��-� ��li\IN I�LNA1�!CL 130ND p•���c � ul� 3 Bond No. 09�370F 1 � 3 4 J 6 7 s � ]0 I1 1? I� 14 1� 1< 17 18 ]9 ?0 �� �� �; WHEREAS, Principal binds itself to repair or reconstruct the Worl: in wI70Ie 01' 111 }�c�ft upon receiving notice from the Developer and/or Cit}� of the need thereof at ai�y time within the Maintenance Period. NOW THEREFOR�, the condition of this obligation is such that if Principal shall re���edv anv defective Wol-h. fo►� �-vhich timely notice �vas provided by Developer or City. to a co���pletion satisfacto�y to the City, then this obligation shall beco�ne null and void; other���ise to rernain in full force and effect. PROVID�D, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticecl defective Work, it is agreed th�t the Developer or City may cause any and all such defective Worl: to be repaired and/or reconstructed �vith all associated costs thEreof bein� borne bv the Principal and the Stu�ety under this Maii�tenance Bond; and PROVIDEll FURTH�R, that if any legal action be filed on this I3ond, venue sh�ll lie in Tal�i�ant Count��, Texas or the United States District Court fot� the Northern District of Te�as. Fort Wor-th Division: �nd PROVIDED FURTHER, that this obli�ation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CI�I l" �)I� FC)R�I- \V�OR"I-I I S�I-;AND-1RI� CI�I�Y CC)V�DI�I�IONS — DI:VLLOPLR A�1 ARULD Pf:OJLC�I�S Rc��ised J��nuar�� 31. ?OI? Bar C Ranrh Ph��sr � Cil�� I'rujCr( \u_ IU_'��)(� 9September20 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS Bar C Ranch, Phase 5 CPN No. 102396 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1 1.01 Defined Terms ............................................................................................................................... 1 1.02 Terminology .................................................................................................................................. 5 Article 2 – Preliminary Matters ......................................................................................................................... 6 2.01 Before Starting Construction ........................................................................................................ 6 2.02 Preconstruction Conference .......................................................................................................... 6 2.03 Public Meeting .............................................................................................................................. 6 Article 3 – Contract Documents and Amending ............................................................................................... 6 3.01 Reference Standards ..................................................................................................................... 6 3.02 Amending and Supplementing Contract Documents .................................................................. 6 Article 4 – Bonds and Insurance ....................................................................................................................... 7 4.01 Licensed Sureties and Insurers ..................................................................................................... 7 4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7 4.03 Certificates of Insurance ............................................................................................................... 7 4.04 Contractor’s Insurance .................................................................................................................. 9 4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12 Article 5 – Contractor’s Responsibilities ........................................................................................................ 12 5.01 Supervision and Superintendent ................................................................................................. 12 5.02 Labor; Working Hours ................................................................................................................ 13 5.03 Services, Materials, and Equipment ........................................................................................... 13 5.04 Project Schedule .......................................................................................................................... 14 5.05 Substitutes and “Or-Equals” ....................................................................................................... 14 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16 5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16 5.08 Wage Rates.................................................................................................................................. 18 5.09 Patent Fees and Royalties ........................................................................................................... 19 5.10 Laws and Regulations ................................................................................................................. 19 5.11 Use of Site and Other Areas ....................................................................................................... 19 5.12 Record Documents ...................................................................................................................... 20 5.13 Safety and Protection .................................................................................................................. 21 5.14 Safety Representative ................................................................................................................. 21 5.15 Hazard Communication Programs ............................................................................................. 22 5.16 Submittals .................................................................................................................................... 22 5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23 Bar C Ranch, Phase 5 CPN No. 102396 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24 5.19 Delegation of Professional Design Services .............................................................................. 24 5.20 Right to Audit: ............................................................................................................................ 25 5.21 Nondiscrimination....................................................................................................................... 25 Article 6 – Other Work at the Site ................................................................................................................... 26 6.01 Related Work at Site ................................................................................................................... 26 Article 7 – City’s Responsibilities................................................................................................................... 26 7.01 Inspections, Tests, and Approvals .............................................................................................. 26 7.02 Limitations on City’s Responsibilities ....................................................................................... 26 7.03 Compliance with Safety Program ............................................................................................... 27 Article 8 – City’s Observation Status During Construction ........................................................................... 27 8.01 City’s Project Representative ..................................................................................................... 27 8.02 Authorized Variations in Work .................................................................................................. 27 8.03 Rejecting Defective Work .......................................................................................................... 27 8.04 Determinations for Work Performed .......................................................................................... 28 Article 9 – Changes in the Work ..................................................................................................................... 28 9.01 Authorized Changes in the Work ............................................................................................... 28 9.02 Notification to Surety .................................................................................................................. 28 Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28 10.01 Change of Contract Price ............................................................................................................ 28 10.02 Change of Contract Time............................................................................................................ 28 10.03 Delays .......................................................................................................................................... 28 Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29 11.01 Notice of Defects ........................................................................................................................ 29 11.02 Access to Work ........................................................................................................................... 29 11.03 Tests and Inspections .................................................................................................................. 29 11.04 Uncovering Work ....................................................................................................................... 30 11.05 City May Stop the Work ............................................................................................................. 30 11.06 Correction or Removal of Defective Work ................................................................................ 30 11.07 Correction Period ........................................................................................................................ 30 11.08 City May Correct Defective Work ............................................................................................. 31 Article 12 – Completion .................................................................................................................................. 32 12.01 Contractor’s Warranty of Title ................................................................................................... 32 12.02 Partial Utilization ........................................................................................................................ 32 12.03 Final Inspection ........................................................................................................................... 32 12.04 Final Acceptance ......................................................................................................................... 33 Article 13 – Suspension of Work .................................................................................................................... 33 13.01 City May Suspend Work ............................................................................................................ 33 Article 14 – Miscellaneous .............................................................................................................................. 34 14.01 Giving Notice .............................................................................................................................. 34 Bar C Ranch, Phase 5 CPN No. 102396 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34 14.03 Cumulative Remedies ................................................................................................................. 34 14.04 Survival of Obligations ............................................................................................................... 35 14.05 Headings ...................................................................................................................................... 35 Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1)$1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2)$250,000 Bodily Injury per person 3)$500,000 Bodily Injury per accident / 4)$100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1.The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2.The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3.The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a.General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b.Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4.With respect to the above outlined insurance requirements, the following shall govern: a.Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b.Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- none none none Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c.If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d.If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5.No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6.The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1.for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2.for Weekend Working Hours request must be made by noon of the preceding Thursday 3.for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1.Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2.Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1.“Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a.City determines that: 1)it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2)it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3)it has a proven record of performance and availability of responsive service; and b.Contractor certifies that, if approved and incorporated into the Work: 1)there will be no increase in cost to the City or increase in Contract Time; and Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2)it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2.Substitute Items: a.If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b.Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c.Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1)shall certify that the proposed substitute item will: i.perform adequately the functions and achieve the results called for by the general design; ii.be similar in substance to that specified; iii.be suited to the same use as that specified; and 2)will state: i.the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii.whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii.whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3)will identify: i.all variations of the proposed substitute item from that specified; ii.available engineering, sales, maintenance, repair, and replacement services; and Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4)shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1.Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2.Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3.Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1.shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2.shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract x Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and x Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1.Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2.At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3.Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4.Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1.Submit number of copies specified in the General Requirements. 2.Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3.Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4.When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5.For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6.Submit required number of Samples specified in the Specifications. 7.Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1.City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1.City will coordinate such Testing to the extent possible, with Contractor; 2.Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3.Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4.If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1.Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2.Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3.Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1.delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2.delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. Bar C Ranch, Phase 5 CPN No. 102396 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. Bar C Ranch, Phase 5 CPN No. 102396 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects [Insert Project Number] Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects [Insert Project Number] Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects [Insert Project Number] Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 1 DAP SUBSTITUTION PROCEDURES Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 25 00 SUBSTITUTION PROCEDURES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for requesting the approval of substitution of a product that is not equivalent to a product which is specified by descriptive or performance criteria or defined by reference to 1 or more of the following: a. Name of manufacturer b. Name of vendor c. Trade name d. Catalog number 2. Substitutions are not "or-equals". B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Request for Substitution - General 1. Within 30 days after award of Contract (unless noted otherwise), the City will consider formal requests from Contractor for substitution of products in place of those specified. 2. Certain types of equipment and kinds of material are described in Specifications by means of references to names of manufacturers and vendors, trade names, or catalog numbers. a. When this method of specifying is used, it is not intended to exclude from consideration other products bearing other manufacturer's or vendor's names, trade names, or catalog numbers, provided said products are "or-equals," as determined by City. 3. Other types of equipment and kinds of material may be acceptable substitutions under the following conditions: a. Or-equals are unavailable due to strike, discontinued production of products meeting specified requirements, or other factors beyond control of Contractor; or, 01 25 00 - 2 DAP SUBSTITUTION PROCEDURES Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 b. Contractor proposes a cost and/or time reduction incentive to the City. 1.5 SUBMITTALS A. See Request for Substitution Form (attached) B. Procedure for Requesting Substitution 1. Substitution shall be considered only: a. After award of Contract b. Under the conditions stated herein 2. Submit 3 copies of each written request for substitution, including: a. Documentation 1) Complete data substantiating compliance of proposed substitution with Contract Documents 2) Data relating to changes in construction schedule, when a reduction is proposed 3) Data relating to changes in cost b. For products 1) Product identification a) Manufacturer's name b) Telephone number and representative contact name c) Specification Section or Drawing reference of originally specified product, including discrete name or tag number assigned to original product in the Contract Documents 2) Manufacturer's literature clearly marked to show compliance of proposed product with Contract Documents 3) Itemized comparison of original and proposed product addressing product characteristics including, but not necessarily limited to: a) Size b) Composition or materials of construction c) Weight d) Electrical or mechanical requirements 4) Product experience a) Location of past projects utilizing product b) Name and telephone number of persons associated with referenced projects knowledgeable concerning proposed product c) Available field data and reports associated with proposed product 5) Samples a) Provide at request of City. b) Samples become the property of the City. c. For construction methods: 1) Detailed description of proposed method 2) Illustration drawings C. Approval or Rejection 1. Written approval or rejection of substitution given by the City 2. City reserves the right to require proposed product to comply with color and pattern of specified product if necessary to secure design intent. 3. In the event the substitution is approved, if a reduction in cost or time results, it will be documented by Change Order. 01 25 00 - 3 DAP SUBSTITUTION PROCEDURES Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 4. Substitution will be rejected if: a. Submittal is not through the Contractor with his stamp of approval b. Request is not made in accordance with this Specification Section c. In the Developer’s opinion, acceptance will require substantial revision of the original design d. In the City’s or Developer’s opinion, substitution will not perform adequately the function consistent with the design intent 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. In making request for substitution or in using an approved product, the Contractor represents that the Contractor: 1. Has investigated proposed product, and has determined that it is adequate or superior in all respects to that specified, and that it will perform function for which it is intended 2. Will provide same guarantee for substitute item as for product specified 3. Will coordinate installation of accepted substitution into Work, to include building modifications if necessary, making such changes as may be required for Work to be complete in all respects 4. Waives all claims for additional costs related to substitution which subsequently arise 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 25 00 - 4 DAP SUBSTITUTION PROCEDURES Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 EXHIBIT A REQUEST FOR SUBSTITUTION FORM: TO: PROJECT: DATE: We hereby submit for your consideration the following product instead of the specified item for the above project: SECTION PARAGRAPH SPECIFIED ITEM Proposed Substitution: Reason for Substitution: Include complete information on changes to Drawings and/or Specifications which proposed substitution will require for its proper installation. Fill in Blanks Below: A. Will the undersigned contractor pay for changes to the building design, including engineering and detailing costs caused by the requested substitution? B. What effect does substitution have on other trades? C. Differences between proposed substitution and specified item? D. Differences in product cost or product delivery time? E. Manufacturer's guarantees of the proposed and specified items are: Equal Better (explain on attachment) The undersigned states that the function, appearance and quality are equivalent or superior to the specified item. Submitted By: For Use by City Signature Recommended Recommended as noted Firm Not recommended Received late Address By Date Date Remarks Telephone For Use by City: Approved Rejected City Date 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 32 33 - 1 DAP PRECONSTRUCTION VIDEO Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 32 33 PRECONSTRUCTION VIDEO PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative and procedural requirements for: a. Preconstruction Videos B. Deviations from this City of Fort Worth Standard Specification 1. Though not mandatory, it is highly recommended on infill developer projects. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Preconstruction Video 1. Produce a preconstruction video of the site/alignment, including all areas in the vicinity of and to be affected by construction. a. Provide digital copy of video upon request by the City. 2. Retain a copy of the preconstruction video until the end of the maintenance surety period. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] 01 32 33 - 2 DAP PRECONSTRUCTION VIDEO Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 33 00 - 1 DAP SUBMITTALS Page 1 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 33 00 DAP SUBMITTALS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. General methods and requirements of submissions applicable to the following Work-related submittals: a. Shop Drawings b. Product Data (including Standard Product List submittals) c. Samples d. Mock Ups B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals from the requirements of the Contract Documents. 2. Coordination of Submittal Times a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing the related Work or other applicable activities, or within the time specified in the individual Work Sections, of the Specifications. b. Contractor is responsible such that the installation will not be delayed by processing times including, but not limited to: a) Disapproval and resubmittal (if required) b) Coordination with other submittals c) Testing d) Purchasing e) Fabrication f) Delivery g) Similar sequenced activities c. No extension of time will be authorized because of the Contractor's failure to transmit submittals sufficiently in advance of the Work. 01 33 00 - 2 DAP SUBMITTALS Page 2 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such sequence as to cause no delay in the Work or in the work of any other contractor. B. Submittal Numbering 1. When submitting shop drawings or samples, utilize a 9-character submittal cross- reference identification numbering system in the following manner: a. Use the first 6 digits of the applicable Specification Section Number. b. For the next 2 digits number use numbers 01-99 to sequentially number each initial separate item or drawing submitted under each specific Section number. c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical submittal number would be as follows: 03 30 00-08-B 1) 03 30 00 is the Specification Section for Concrete 2) 08 is the eighth initial submittal under this Specification Section 3) B is the third submission (second resubmission) of that particular shop drawing C. Contractor Certification 1. Review shop drawings, product data and samples, including those by subcontractors, prior to submission to determine and verify the following: a. Field measurements b. Field construction criteria c. Catalog numbers and similar data d. Conformance with the Contract Documents 2. Provide each shop drawing, sample and product data submitted by the Contractor with a Certification Statement affixed including: a. The Contractor's Company name b. Signature of submittal reviewer c. Certification Statement 1) “By this submittal, I hereby represent that I have determined and verified field measurements, field construction criteria, materials, dimensions, catalog numbers and similar data and I have checked and coordinated each item with other applicable approved shop drawings." D. Submittal Format 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 2. Bind shop drawings and product data sheets together. 3. Order a. Cover Sheet 1) Description of Packet 2) Contractor Certification b. List of items / Table of Contents c. Product Data /Shop Drawings/Samples /Calculations E. Submittal Content 1. The date of submission and the dates of any previous submissions 01 33 00 - 3 DAP SUBMITTALS Page 3 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 2. The Project title and number 3. Contractor identification 4. The names of: a. Contractor b. Supplier c. Manufacturer 5. Identification of the product, with the Specification Section number, page and paragraph(s) 6. Field dimensions, clearly identified as such 7. Relation to adjacent or critical features of the Work or materials 8. Applicable standards, such as ASTM or Federal Specification numbers 9. Identification by highlighting of deviations from Contract Documents 10. Identification by highlighting of revisions on resubmittals 11. An 8-inch x 3-inch blank space for Contractor and City stamps F. Shop Drawings 1. As specified in individual Work Sections includes, but is not necessarily limited to: a. Custom-prepared data such as fabrication and erection/installation (working) drawings b. Scheduled information c. Setting diagrams d. Actual shopwork manufacturing instructions e. Custom templates f. Special wiring diagrams g. Coordination drawings h. Individual system or equipment inspection and test reports including: 1) Performance curves and certifications i. As applicable to the Work 2. Details a. Relation of the various parts to the main members and lines of the structure b. Where correct fabrication of the Work depends upon field measurements 1) Provide such measurements and note on the drawings prior to submitting for approval. G. Product Data 1. For submittals of product data for products included on the City’s Standard Product List, clearly identify each item selected for use on the Project. 2. For submittals of product data for products not included on the City’s Standard Product List, submittal data may include, but is not necessarily limited to: a. Standard prepared data for manufactured products (sometimes referred to as catalog data) 1) Such as the manufacturer's product specification and installation instructions 2) Availability of colors and patterns 3) Manufacturer's printed statements of compliances and applicability 4) Roughing-in diagrams and templates 5) Catalog cuts 6) Product photographs 01 33 00 - 4 DAP SUBMITTALS Page 4 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 7) Standard wiring diagrams 8) Printed performance curves and operational-range diagrams 9) Production or quality control inspection and test reports and certifications 10) Mill reports 11) Product operating and maintenance instructions and recommended spare-parts listing and printed product warranties 12) As applicable to the Work H. Samples 1. As specified in individual Sections, include, but are not necessarily limited to: a. Physical examples of the Work such as: 1) Sections of manufactured or fabricated Work 2) Small cuts or containers of materials 3) Complete units of repetitively used products color/texture/pattern swatches and range sets 4) Specimens for coordination of visual effect 5) Graphic symbols and units of Work to be used by the City for independent inspection and testing, as applicable to the Work I. Do not start Work requiring a shop drawing, sample or product data nor any material to be fabricated or installed prior to the approval or qualified approval of such item. 1. Fabrication performed, materials purchased or on-site construction accomplished which does not conform to approved shop drawings and data is at the Contractor's risk. 2. The City will not be liable for any expense or delay due to corrections or remedies required to accomplish conformity. 3. Complete project Work, materials, fabrication, and installations in conformance with approved shop drawings, applicable samples, and product data. J. Submittal Distribution 1. Electronic Distribution a. Confirm development of Project directory for electronic submittals to be uploaded to City’s Buzzsaw site, or another external FTP site approved by the City. b. Shop Drawings 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals b) If Contractor requires more than 1 hard copy of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. c. Product Data 1) Upload submittal to designated project directory and notify appropriate City representatives via email of submittal posting. 2) Hard Copies a) 3 copies for all submittals d. Samples 1) Distributed to the Project Representative 2. Hard Copy Distribution (if required in lieu of electronic distribution) 01 33 00 - 5 DAP SUBMITTALS Page 5 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 a. Shop Drawings 1) Distributed to the City 2) Copies a) 8 copies for mechanical submittals b) 7 copies for all other submittals c) If Contractor requires more than 3 copies of Shop Drawings returned, Contractor shall submit more than the number of copies listed above. b. Product Data 1) Distributed to the City 2) Copies a) 4 copies c. Samples 1) Distributed to the Project Representative 2) Copies a) Submit the number stated in the respective Specification Sections. 3. Distribute reproductions of approved shop drawings and copies of approved product data and samples, where required, to the job site file and elsewhere as directed by the City. a. Provide number of copies as directed by the City but not exceeding the number previously specified. K. Submittal Review 1. The review of shop drawings, data and samples will be for general conformance with the design concept and Contract Documents. This is not to be construed as: a. Permitting any departure from the Contract requirements b. Relieving the Contractor of responsibility for any errors, including details, dimensions, and materials c. Approving departures from details furnished by the City, except as otherwise provided herein 2. The review and approval of shop drawings, samples or product data by the City does not relieve the Contractor from his/her responsibility with regard to the fulfillment of the terms of the Contract. a. All risks of error and omission are assumed by the Contractor, and the City will have no responsibility therefore. 3. The Contractor remains responsible for details and accuracy, for coordinating the Work with all other associated work and trades, for selecting fabrication processes, for techniques of assembly and for performing Work in a safe manner. 4. If the shop drawings, data or samples as submitted describe variations and show a departure from the Contract requirements which City finds to be in the interest of the City and to be so minor as not to involve a change in Contract Price or time for performance, the City may return the reviewed drawings without noting an exception. 5. Submittals will be returned to the Contractor under 1 of the following codes: a. Code 1 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or comments on the submittal. a) When returned under this code the Contractor may release the equipment and/or material for manufacture. b. Code 2 01 33 00 - 6 DAP SUBMITTALS Page 6 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the notations and comments IS NOT required by the Contractor. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. c. Code 3 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned when notations and comments are extensive enough to require a resubmittal of the package. a) The Contractor may release the equipment or material for manufacture; however, all notations and comments must be incorporated into the final product. b) This resubmittal is to address all comments, omissions and non-conforming items that were noted. c) Resubmittal is to be received by the City within 15 Calendar Days of the date of the City's transmittal requiring the resubmittal. d. Code 4 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of the Contract Documents. a) The Contractor must resubmit the entire package revised to bring the submittal into conformance. b) It may be necessary to resubmit using a different manufacturer/vendor to meet the Contract Documents. 6. Resubmittals a. Handled in the same manner as first submittals 1) Corrections other than requested by the City 2) Marked with revision triangle or other similar method a) At Contractor’s risk if not marked b. Submittals for each item will be reviewed no more than twice at the City’s expense. 1) All subsequent reviews will be performed at times convenient to the City and at the Contractor's expense, based on the City's or City Representative’s then prevailing rates. 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all such fees invoiced by the City. c. The need for more than 1 resubmission or any other delay in obtaining City's review of submittals, will not entitle the Contractor to an extension of Contract Time. 7. Partial Submittals a. City reserves the right to not review submittals deemed partial, at the City’s discretion. b. Submittals deemed by the City to be not complete will be returned to the Contractor, and will be considered "Not Approved" until resubmitted. c. The City may at its option provide a list or mark the submittal directing the Contractor to the areas that are incomplete. 8. If the Contractor considers any correction indicated on the shop drawings to constitute a change to the Contract Documents, then written notice must be provided thereof to the Developer at least 7 Calendar Days prior to release for manufacture. 01 33 00 - 7 DAP SUBMITTALS Page 7 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the Contractor may carry out the construction in accordance therewith and no further changes therein except upon written instructions from the City. 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days following receipt of submittal by the City. L. Mock ups 1. Mock Up units as specified in individual Sections, include, but are not necessarily limited to, complete units of the standard of acceptance for that type of Work to be used on the Project. Remove at the completion of the Work or when directed. M. Qualifications 1. If specifically required in other Sections of these Specifications, submit a P.E. Certification for each item required. N. Request for Information (RFI) 1. Contractor Request for additional information a. Clarification or interpretation of the contract documents b. When the Contractor believes there is a conflict between Contract Documents c. When the Contractor believes there is a conflict between the Drawings and Specifications 1) Identify the conflict and request clarification 2. Sufficient information shall be attached to permit a written response without further information. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] 01 33 00 - 8 DAP SUBMITTALS Page 8 of 8 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 38 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH Bar C Ranch Phase 5 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102396 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 50 00 - 1 DAP TEMPORARY FACILITIES AND CONTROLS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 SECTION 01 50 00 TEMPORARY FACILITIES AND CONTROLS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provide temporary facilities and controls needed for the Work including, but not necessarily limited to: a. Temporary utilities b. Sanitary facilities c. Storage Sheds and Buildings d. Dust control e. Temporary fencing of the construction site B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Temporary Utilities 1. Obtaining Temporary Service a. Make arrangements with utility service companies for temporary services. b. Abide by rules and regulations of utility service companies or authorities having jurisdiction. c. Be responsible for utility service costs until Work is approved for Final Acceptance. 1) Included are fuel, power, light, heat and other utility services necessary for execution, completion, testing and initial operation of Work. 2. Water a. Contractor to provide water required for and in connection with Work to be performed and for specified tests of piping, equipment, devices or other use as required for the completion of the Work. b. Provide and maintain adequate supply of potable water for domestic consumption by Contractor personnel and City’s Project Representatives. c. Coordination 1) Contact City 1 week before water for construction is desired 01 50 00 - 2 DAP TEMPORARY FACILITIES AND CONTROLS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1) Obtain construction water meter from City for payment as billed by City’s established rates. 3. Electricity and Lighting a. Provide and pay for electric powered service as required for Work, including testing of Work. 1) Provide power for lighting, operation of equipment, or other use. b. Electric power service includes temporary power service or generator to maintain operations during scheduled shutdown. 4. Telephone a. Provide emergency telephone service at Site for use by Contractor personnel and others performing work or furnishing services at Site. 5. Temporary Heat and Ventilation a. Provide temporary heat as necessary for protection or completion of Work. b. Provide temporary heat and ventilation to assure safe working conditions. B. Sanitary Facilities 1. Provide and maintain sanitary facilities for persons on Site. a. Comply with regulations of State and local departments of health. 2. Enforce use of sanitary facilities by construction personnel at job site. a. Enclose and anchor sanitary facilities. b. No discharge will be allowed from these facilities. c. Collect and store sewage and waste so as not to cause nuisance or health problem. d. Haul sewage and waste off-site at no less than weekly intervals and properly dispose in accordance with applicable regulation. 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 4. Remove facilities at completion of Project C. Storage Sheds and Buildings 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor above ground level for materials and equipment susceptible to weather damage. 2. Storage of materials not susceptible to weather damage may be on blocks off ground. 3. Store materials in a neat and orderly manner. a. Place materials and equipment to permit easy access for identification, inspection and inventory. 4. Equip building with lockable doors and lighting, and provide electrical service for equipment space heaters and heating or ventilation as necessary to provide storage environments acceptable to specified manufacturers. 5. Fill and grade site for temporary structures to provide drainage away from temporary and existing buildings. 6. Remove building from site prior to Final Acceptance. D. Temporary Fencing 1. Provide and maintain for the duration or construction when required in contract documents E. Dust Control 01 50 00 - 3 DAP TEMPORARY FACILITIES AND CONTROLS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the project. a. Contractor remains on-call at all times b. Must respond in a timely manner F. Temporary Protection of Construction 1. Contractor or subcontractors are responsible for protecting Work from damage due to weather. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 INSTALLATION A. Temporary Facilities 1. Maintain all temporary facilities for duration of construction activities as needed. 3.5 [REPAIR] / [RESTORATION] 3.6 RE-INSTALLATION 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES A. Temporary Facilities 01 50 00 - 4 DAP TEMPORARY FACILITIES AND CONTROLS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, to a condition equal to or better than prior to start of Work. 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 55 26 - 1 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 55 26 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Administrative procedures for: a. Street Use Permit b. Modification of approved traffic control c. Removal of Street Signs B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 34 71 13 – Traffic Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES A. Reference Standards 1. Reference standards cited in this specification refer to the current reference standard published at the time of the latest revision date logged at the end of this specification, unless a date is specifically cited. 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 1.4 ADMINISTRATIVE REQUIREMENTS A. Traffic Control 1. General a. When traffic control plans are included in the Drawings, provide Traffic Control in accordance with Drawings and Section 34 71 13. b. When traffic control plans are not included in the Drawings, prepare traffic control plans in accordance with Section 34 71 13 and submit to City for review. 1) Allow minimum 10 working days for review of proposed Traffic Control. B. Street Use Permit 1. Prior to installation of Traffic Control, a City Street Use Permit is required. a. To obtain Street Use Permit, submit Traffic Control Plans to City Transportation and Public Works Department. 01 55 26 - 2 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 1) Allow a minimum of 5 working days for permit review. 2) Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. C. Modification to Approved Traffic Control 1. Prior to installation traffic control: a. Submit revised traffic control plans to City Department Transportation and Public Works Department. 1) Revise Traffic Control plans in accordance with Section 34 71 13. 2) Allow minimum 5 working days for review of revised Traffic Control. 3) It is the Contractor’s responsibility to coordinate review of Traffic Control plans for Street Use Permit, such that construction is not delayed. D. Removal of Street Sign 1. If it is determined that a street sign must be removed for construction, then contact City Transportation and Public Works Department, Signs and Markings Division to remove the sign. E. Temporary Signage 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting requirements of the latest edition of the Texas Manual on Uniform Traffic Control Devices (MUTCD). 2. Install temporary sign before the removal of permanent sign. 3. When construction is complete, to the extent that the permanent sign can be reinstalled, contact the City Transportation and Public Works Department, Signs and Markings Division, to reinstall the permanent sign. F. Traffic Control Standards 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION 01 55 26 - 3 DAP STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 57 13 - 1 DAP STORM WATER POLLUTION PREVENTION Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 SECTION 01 57 13 STORM WATER POLLUTION PREVENTION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Procedures for Storm Water Pollution Prevention Plans B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 31 25 00 – Erosion and Sediment Control 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Construction Activities resulting in less than 1 acre of disturbance a. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 2. Construction Activities resulting in greater than 1 acre of disturbance a. Measurement and Payment shall be in accordance with Section 31 25 00. 1.3 REFERENCES A. Abbreviations and Acronyms 1. Notice of Intent: NOI 2. Notice of Termination: NOT 3. Storm Water Pollution Prevention Plan: SWPPP 4. Texas Commission on Environmental Quality: TCEQ 5. Notice of Change: NOC A. Reference Standards 1. Reference standards cited in this Specification refer to the current reference standard published at the time of the latest revision date logged at the end of this Specification, unless a date is specifically cited. 2. Integrated Storm Management (iSWM) Technical Manual for Construction Controls 1.4 ADMINISTRATIVE REQUIREMENTS A. General 1. Contractor is responsible for resolution and payment of any fines issued associated with compliance to Stormwater Pollution Prevention Plan. 01 57 13 - 2 DAP STORM WATER POLLUTION PREVENTION Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Construction Activities resulting in: 1. Less than 1 acre of disturbance a. Provide erosion and sediment control in accordance with Section 31 25 00 and Drawings. 2. 1 to less than 5 acres of disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) TCEQ Small Construction Site Notice Required under general permit TXR150000 a) Sign and post at job site b) Prior to Preconstruction Meeting, send 1 copy to City Department of Transportation and Public Works, Environmental Division, (817) 392- 6088. 2) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 3. 5 acres or more of Disturbance a. Texas Pollutant Discharge Elimination System (TPDES) General Construction Permit is required b. Complete SWPPP in accordance with TCEQ requirements 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee a) Sign and post at job site b) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 2) TCEQ Notice of Change required if making changes or updates to NOI 3) Provide erosion and sediment control in accordance with: a) Section 31 25 00 b) The Drawings c) TXR150000 General Permit d) SWPPP e) TCEQ requirements 4) Once the project has been completed and all the closeout requirements of TCEQ have been met a TCEQ Notice of Termination can be submitted. a) Send copy to City Department of Transportation and Public Works, Environmental Division, (817) 392-6088. 1.5 SUBMITTALS A. SWPPP 1. Submit in accordance with Section 01 33 00, except as stated herein. a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City as follows: 1) 1 copy to the City Project Manager a) City Project Manager will forward to the City Department of Transportation and Public Works, Environmental Division for review 01 57 13 - 3 DAP STORM WATER POLLUTION PREVENTION Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised July 1, 2011 B. Modified SWPPP 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City in accordance with Section 01 33 00. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 66 00 - 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 66 00 PRODUCT STORAGE AND HANDLING REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Scheduling of product delivery 2. Packaging of products for delivery 3. Protection of products against damage from: a. Handling b. Exposure to elements or harsh environments B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY AND HANDLING A. Delivery Requirements 1. Schedule delivery of products or equipment as required to allow timely installation and to avoid prolonged storage. 2. Provide appropriate personnel and equipment to receive deliveries. 3. Delivery trucks will not be permitted to wait extended periods of time on the Site for personnel or equipment to receive the delivery. 01 66 00 - 2 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 4. Deliver products or equipment in manufacturer's original unbroken cartons or other containers designed and constructed to protect the contents from physical or environmental damage. 5. Clearly and fully mark and identify as to manufacturer, item and installation location. 6. Provide manufacturer's instructions for storage and handling. B. Handling Requirements 1. Handle products or equipment in accordance with these Contract Documents and manufacturer’s recommendations and instructions. C. Storage Requirements 1. Store materials in accordance with manufacturer’s recommendations and requirements of these Specifications. 2. Make necessary provisions for safe storage of materials and equipment. a. Place loose soil materials and materials to be incorporated into Work to prevent damage to any part of Work or existing facilities and to maintain free access at all times to all parts of Work and to utility service company installations in vicinity of Work. 3. Keep materials and equipment neatly and compactly stored in locations that will cause minimum inconvenience to other contractors, public travel, adjoining owners, tenants and occupants. a. Arrange storage to provide easy access for inspection. 4. Restrict storage to areas available on construction site for storage of material and equipment as shown on Drawings, or approved by City’s Project Representative. 5. Provide off-site storage and protection when on-site storage is not adequate. a. Provide addresses of and access to off-site storage locations for inspection by City’s Project Representative. 6. Do not use lawns, grass plots or other private property for storage purposes without written permission of owner or other person in possession or control of premises. 7. Store in manufacturers’ unopened containers. 8. Neatly, safely and compactly stack materials delivered and stored along line of Work to avoid inconvenience and damage to property owners and general public and maintain at least 3 feet from fire hydrant. 9. Keep public and private driveways and street crossings open. 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to satisfaction of City’s Project Representative. a. Total length which materials may be distributed along route of construction at one time is 1,000 linear feet, unless otherwise approved in writing by City’s Project Representative. 01 66 00 - 3 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 ERECTION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. Tests and Inspections 1. Inspect all products or equipment delivered to the site prior to unloading. B. Non-Conforming Work 1. Reject all products or equipment that are damaged, used or in any other way unsatisfactory for use on the project. 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION A. Protect all products or equipment in accordance with manufacturer's written directions. B. Store products or equipment in location to avoid physical damage to items while in storage. C. Protect equipment from exposure to elements and keep thoroughly dry if required by the manufacturer. 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION 01 66 00 - 4 PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 01 74 23 - 1 CLEANING Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 74 23 CLEANING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Intermediate and final cleaning for Work not including special cleaning of closed systems specified elsewhere B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Scheduling 1. Schedule cleaning operations so that dust and other contaminants disturbed by cleaning process will not fall on newly painted surfaces. 2. Schedule final cleaning upon completion of Work and immediately prior to final inspection. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 STORAGE, AND HANDLING A. Storage and Handling Requirements 1. Store cleaning products and cleaning wastes in containers specifically designed for those materials. 01 74 23 - 2 CLEANING Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 2.2 MATERIALS A. Cleaning Agents 1. Compatible with surface being cleaned 2. New and uncontaminated 3. For manufactured surfaces a. Material recommended by manufacturer 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 APPLICATION [NOT USED] 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING A. General 1. Prevent accumulation of wastes that create hazardous conditions. 2. Conduct cleaning and disposal operations to comply with laws and safety orders of governing authorities. 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in storm or sanitary drains or sewers. 4. Dispose of degradable debris at an approved solid waste disposal site. 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an alternate manner approved by City and regulatory agencies. 01 74 23 - 3 CLEANING Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 6. Handle materials in a controlled manner with as few handlings as possible. 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with this project. 8. Remove all signs of temporary construction and activities incidental to construction of required permanent Work. 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to have the cleaning completed at the expense of the Contractor. 10. Do not burn on-site. B. Intermediate Cleaning during Construction 1. Keep Work areas clean so as not to hinder health, safety or convenience of personnel in existing facility operations. 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 3. Confine construction debris daily in strategically located container(s): a. Cover to prevent blowing by wind b. Store debris away from construction or operational activities c. Haul from site at a minimum of once per week 4. Vacuum clean interior areas when ready to receive finish painting. a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which may become airborne or transported by flowing water during the storm. C. Interior Final Cleaning 1. Remove grease, mastic, adhesives, dust, dirt, stains, fingerprints, labels and other foreign materials from sight-exposed surfaces. 2. Wipe all lighting fixture reflectors, lenses, lamps and trims clean. 3. Wash and shine glazing and mirrors. 4. Polish glossy surfaces to a clear shine. 5. Ventilating systems a. Clean permanent filters and replace disposable filters if units were operated during construction. b. Clean ducts, blowers and coils if units were operated without filters during construction. 6. Replace all burned out lamps. 7. Broom clean process area floors. 8. Mop office and control room floors. D. Exterior (Site or Right of Way) Final Cleaning 1. Remove trash and debris containers from site. a. Re-seed areas disturbed by location of trash and debris containers in accordance with Section 32 92 13. 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object that may hinder or disrupt the flow of traffic along the roadway. 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, junction boxes and inlets. 01 74 23 - 4 CLEANING Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 4. If no longer required for maintenance of erosion facilities, and upon approval by City, remove erosion control from site. 5. Clean signs, lights, signals, etc. 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 77 19 - 1 CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 SECTION 01 77 19 CLOSEOUT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. The procedure for closing out a contract B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Guarantees, Bonds and Affidavits 1. No application for final payment will be accepted until all guarantees, bonds, certificates, licenses and affidavits required for Work or equipment as specified are satisfactorily filed with the City. B. Release of Liens or Claims 1. No application for final payment will be accepted until satisfactory evidence of release of liens has been submitted to the City. 1.5 SUBMITTALS A. Submit all required documentation to City’s Project Representative. 01 77 19 - 2 CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 CLOSEOUT PROCEDURE A. Prior to requesting Final Inspection, submit: 1. Project Record Documents in accordance with Section 01 78 39 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 01 74 23. C. Final Inspection 1. After final cleaning, provide notice to the City Project Representative that the Work is completed. a. The City will make an initial Final Inspection with the Contractor present. b. Upon completion of this inspection, the City will notify the Contractor, in writing within 10 business days, of any particulars in which this inspection reveals that the Work is defective or incomplete. 2. Upon receiving written notice from the City, immediately undertake the Work required to remedy deficiencies and complete the Work to the satisfaction of the City. 3. Upon completion of Work associated with the items listed in the City's written notice, inform the City, that the required Work has been completed. Upon receipt of this notice, the City, in the presence of the Contractor, will make a subsequent Final Inspection of the project. 4. Provide all special accessories required to place each item of equipment in full operation. These special accessory items include, but are not limited to: a. Specified spare parts b. Adequate oil and grease as required for the first lubrication of the equipment c. Initial fill up of all chemical tanks and fuel tanks d. Light bulbs e. Fuses f. Vault keys g. Handwheels h. Other expendable items as required for initial start-up and operation of all equipment D. Notice of Project Completion 01 77 19 - 3 CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised July 1, 2011 1. Once the City Project Representative finds the Work subsequent to Final Inspection to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). E. Supporting Documentation 1. Coordinate with the City Project Representative to complete the following additional forms: a. Final Payment Request b. Statement of Contract Time c. Affidavit of Payment and Release of Liens d. Consent of Surety to Final Payment e. Pipe Report (if required) f. Contractor’s Evaluation of City g. Performance Evaluation of Contractor F. Letter of Final Acceptance 1. Upon review and acceptance of Notice of Project Completion and Supporting Documentation, in accordance with General Conditions, City will issue Letter of Final Acceptance and release the Final Payment Request for payment. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 01 78 23 - 1 OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00 . All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 20, 2012 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 01 78 39 - 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 39 PROJECT RECORD DOCUMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Work associated with the documenting the project and recording changes to project documents, including: a. Record Drawings b. Water Meter Service Reports c. Sanitary Sewer Service Reports d. Large Water Meter Reports B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to City’s Project Representative. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Accuracy of Records 1. Thoroughly coordinate changes within the Record Documents, making adequate and proper entries on each page of Specifications and each sheet of Drawings and other Documents where such entry is required to show the change properly. 2. Accuracy of records shall be such that future search for items shown in the Contract Documents may rely reasonably on information obtained from the approved Project Record Documents. 01 78 39 - 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of information that the change has occurred. 4. Provide factual information regarding all aspects of the Work, both concealed and visible, to enable future modification of the Work to proceed without lengthy and expensive site measurement, investigation and examination. 1.10 STORAGE AND HANDLING A. Storage and Handling Requirements 1. Maintain the job set of Record Documents completely protected from deterioration and from loss and damage until completion of the Work and transfer of all recorded data to the final Project Record Documents. 2. In the event of loss of recorded data, use means necessary to again secure the data to the City's approval. a. In such case, provide replacements to the standards originally required by the Contract Documents. 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 2.2 RECORD DOCUMENTS A. Job set 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no charge to the Contractor, 1 complete set of all Documents comprising the Contract. B. Final Record Documents 1. At a time nearing the completion of the Work and prior to Final Inspection, provide the City 1 complete set of all Final Record Drawings in the Contract. 2.3 ACCESSORIES [NOT USED] 2.4 SOURCE QUALITY CONTROL [NOT USED] PART 3 - EXECUTION 3.1 INSTALLERS [NOT USED] 3.2 EXAMINATION [NOT USED] 3.3 PREPARATION [NOT USED] 3.4 MAINTENANCE DOCUMENTS A. Maintenance of Job Set 1. Immediately upon receipt of the job set, identify each of the Documents with the title, "RECORD DOCUMENTS - JOB SET". 01 78 39 - 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 2. Preservation a. Considering the Contract completion time, the probable number of occasions upon which the job set must be taken out for new entries and for examination, and the conditions under which these activities will be performed, devise a suitable method for protecting the job set. b. Do not use the job set for any purpose except entry of new data and for review by the City, until start of transfer of data to final Project Record Documents. c. Maintain the job set at the site of work. 3. Coordination with Construction Survey a. At a minimum clearly mark any deviations from Contract Documents associated with installation of the infrastructure. 4. Making entries on Drawings a. Record any deviations from Contract Documents. b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the change by graphic line and note as required. c. Date all entries. d. Call attention to the entry by a "cloud" drawn around the area or areas affected. e. In the event of overlapping changes, use different colors for the overlapping changes. 5. Conversion of schematic layouts a. In some cases on the Drawings, arrangements of conduits, circuits, piping, ducts, and similar items, are shown schematically and are not intended to portray precise physical layout. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) However, design of future modifications of the facility may require accurate information as to the final physical layout of items which are shown only schematically on the Drawings. b. Show on the job set of Record Drawings, by dimension accurate to within 1 inch, the centerline of each run of items. 1) Final physical arrangement is determined by the Contractor, subject to the City's approval. 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in ceiling plenum", "exposed", and the like). 3) Make all identification sufficiently descriptive that it may be related reliably to the Specifications. c. The City may waive the requirements for conversion of schematic layouts where, in the City's judgment, conversion serves no useful purpose. However, do not rely upon waivers being issued except as specifically issued in writing by the City. B. Final Project Record Documents 1. Transfer of data to Drawings a. Carefully transfer change data shown on the job set of Record Drawings to the corresponding final documents, coordinating the changes as required. b. Clearly indicate at each affected detail and other Drawing a full description of changes made during construction, and the actual location of items. c. Call attention to each entry by drawing a "cloud" around the area or areas affected. 01 78 39 - 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure longevity and clear reproduction. 2. Transfer of data to other Documents a. If the Documents, other than Drawings, have been kept clean during progress of the Work, and if entries thereon have been orderly to the approval of the City, the job set of those Documents, other than Drawings, will be accepted as final Record Documents. b. If any such Document is not so approved by the City, secure a new copy of that Document from the City at the City's usual charge for reproduction and handling, and carefully transfer the change data to the new copy to the approval of the City. 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 3.8 SYSTEM STARTUP [NOT USED] 3.9 ADJUSTING [NOT USED] 3.10 CLEANING [NOT USED] 3.11 CLOSEOUT ACTIVITIES [NOT USED] 3.12 PROTECTION [NOT USED] 3.13 MAINTENANCE [NOT USED] 3.14 ATTACHMENTS [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application