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HomeMy WebLinkAboutContract 55220-PM1CSC No. 55220-PM1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102866 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 5 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102866 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 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City’s website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/ProjectResources/ Division 02 - Existing Conditions Last Revised 02 41 13 Selective Site Demolition 12/20/2012 02 41 14 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast-In-Place Concrete 12/20/2012 03 34 13 Controlled Low Strength Material (CLSM)12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 11/22/2013 26 05 10 Demolition for Electrical Systems 12/20/2012 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 26 05 43 Underground Ducts and Raceways for Electrical Systems 07/01/2011 26 05 50 Communications Multi-Duct Conduit 02/26/2016 Division 31 - Earthwork 31 10 00 Site Clearing 12/20/2012 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 31 36 00 Gabions 12/20/2012 31 37 00 Riprap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 18 Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Cement Treated Base Courses 12/20/2012 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102866 Revised March 20, 2020 32 13 13 Concrete Paving 12/20/2012 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 14 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 10/05/2016 32 17 23 Pavement Markings 11/22/2013 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement and Finishing of Parkways 12/20/2012 32 92 13 Hydro-Mulching, Seeding, and Sodding 12/20/2012 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 12/20/2012 33 01 31 Closed Circuit Television (CCTV) Inspection 03/03/2016 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 33 05 10 Utility Trench Excavation, Embedment, and Backfill 12/12/2016 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings –Cast Iron 01/22/2016 33 05 13.10 Frame, Cover and Grade Rings –Composite 01/22/2016 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 12/20/2012 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 12/20/2012 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plate 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 06/19/2013 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location of Existing Utilities 12/20/2012 33 11 05 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 33 11 13 Concrete Pressure Pipe,Bar-Wrapped, Steel Cylinder Type 12/20/2012 33 11 14 Buried Steel Pipe and Fittings 12/20/2012 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102866 Revised March 20, 2020 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP)12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC)12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A –Controller Cabinet 12/18/2015 34 41 10.02 Attachment B –Controller Specification 02/2012 34 41 10.03 Attachment C –Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102866 Revised March 20, 2020 Appendix None END OF SECTION 00 42 43 DAP - BID PROPOSAL Page 1 of 3 1 0170.0100 Mobilization 01 70 00 LS 1 $5,000.00 $5,000.00 2 0241.1300 Remove Conc Curb&Gutter 02 41 15 LF 445 $16.85 $7,498.25 3 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 370 $10.81 $3,999.70 4 3212.0303 3" Asphalt Pvmt Type D 32 12 16 SY 545 $26.79 $14,600.55 5 3213.0103 8" Conc Pvmt 32 13 13 SY 545 $38.35 $20,900.75 6 3211.0501 6" Lime Treatment 32 11 29 SY 545 $31.19 $16,998.55 7 3217.0201 8" SLD Pvmt Marking HAS (W)32 17 23 LF 150 $23.87 $3,580.50 8 3217.2102 REFL Raised Marker TY I-C 32 17 23 EA 17 $5.00 $85.00 9 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 2 $137.50 $275.00 10 3292.0100 Block Sod Placement 32 92 13 SY 215 $2.51 $539.65 11 3291.0100 Topsoil 32 91 19 CY 5 $12.00 $60.00 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Bidder's Application Specification Section No. Unit of Measure UNIT IV: PAVING IMPROVEMENTS TOTAL UNIT IV: PAVING IMPROVEMENTS $73,537.95 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information UNIT PRICE BID Bidlist Item No. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP.xls 00 42 43 DAP - BID PROPOSAL Page 2 of 3 Bidder's Application Specification Section No. Unit of Measure SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information UNIT PRICE BID Bidlist Item No. 1 9999.0001 Remove Existing Light Pole Base 00 00 00 EA 1 $2,000.00 $2,000.00 2 3441.1764 Furnish/Install Rdwy Illum Foundation TY 18 34 41 20 EA 1 $825.00 $825.00 3 3441.3502 Relocate Street Light Pole 34 41 20 EA 1 $4,413.00 $4,413.00 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 TOTAL UNIT V: STREET LIGHTING IMPROVEMENTS $7,238.00 UNIT V: STREET LIGHTING IMPROVEMENTS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 00 42 43_Bid Proposal_DAP.xls 2/10/21 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Major Work T� e" box rovide the com lete ma'or work t e and actual descri tion as �rovided b the Water De artment for water and sewer and TPW for avin . Major Work Type Contractor/Subcontractor Company Name Prequalification Ex iration Date Street Light Hurst Electric 3/9/2022 Asphalt Paving Pavecon 1/31/2023 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: FCL Builders T�X�►S LL� 2401 E Randol Mill Rd Arlington, TX 76011 BY: La �7avis � ��`-�`�� (Signature) TITLE: Vice President DATE: 2020.v1.0$ END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION PREQUALIFICATION STATEMENT — DEVELOPER AWARDED PROJEClS OD 45 12_Prequalification Statement 2015_DAP.doa Form Version September 1, 2015 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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. 102866. 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: FCL Builders Company 2401 E Randol Mill Rd Address By: ti �w� : � e s� Prsrr� . ..r.---L---'� Signatur : _ Arlin�ton. TX 76011 Title: � � �� ��eS ����_`� City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT � 0 BEFORE ME, the undersigned authority, on this day personally appeared ���,,;,;�y,rtR , 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 FC;I. �C.�;11��rC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this _ ��;n�„���M , 201� . w ....�.,. ��� day of ,�"a'v"r"'��., DREW HANL�i�! � �� (� � : o~" �.'': 13006631-5 ( \��� ;���: Notary Public, Slate ot T�xay ( "'; +�; My Commission Expires � Notary Public in and for the State of Texas '''-� �i„�°' 12/3112022 �N.� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 Left Tum Lane to 3erve 8200 Will Rogers CPN ]02866 00 52 43 - 1 Developer Awarded Project Agreement Page 1 of 4 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102866 Revised June 16, 2016 SECTION 00 52 431 AGREEMENT2 3 THIS AGREEMENT,authorized on ______________is made by and between the Developer,4 New Orleans Cold Storage and Warehouse Company LLC (successor-in-interest to New Orleans5 Cold Storage and Warehouse Company Ltd.), authorized to do business in Texas (“Developer”) ,6 and FCL Builders Texas, LLC, authorized to do business in Texas, acting by and through its duly7 authorized representative, (“Contractor”).8 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as9 follows:10 Article 1. WORK11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the12 Project identified herein.13 Article 2. PROJECT14 The project for which the Work under the Contract Documents may be the whole or only a part is15 generally described as follows:16 Left Turn Lane Pavement and Street Light to Serve 8200 Will Rogers Blvd17 CPN 10286618 Article 3. CONTRACT TIME19 3.1 Time is of the essence.20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract21 Documents are of the essence to this Contract.22 3.2 Final Acceptance.23 The Work will be complete for Final Acceptance within 60 working days after the date24 when the Contract Time commences to run as provided in Paragraph 12.04 of the Standard25 City Conditions of the Construction Contract for Developer Awarded Projects.26 3.3 Liquidated damages27 Contractor recognizes that time is of the essence of this Agreement and that Developer28 will suffer financial loss if the Work is not completed within the times specified in29 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 10 of30 the Standard City Conditions of the Construction Contract for Developer Awarded31 Projects. The Contractor also recognizes the delays, expense and difficulties involved in32 proving in a legal proceeding the actual loss suffered by the Developer if the Work is not33 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees34 that as liquidated damages for delay (but not as a penalty), Contractor shall pay35 Developer zero Dollars ($0) for each day that expires after the time specified in36 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance.37 Jan 8, 2021 00 52 43 - 2 Developer Awarded Project Agreement Page 2 of 4 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102866 Revised June 16, 2016 Article 4. CONTRACT PRICE38 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract39 Documents an amount in current funds of eighty thousand seven hundred seventy five dollars and40 ninety five cents ($80,775.95).41 Article 5. CONTRACT DOCUMENTS42 5.1 CONTENTS:43 A.The Contract Documents which comprise the entire agreement between Developer and44 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 Statement50 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 Bonds56 g.Worker’s Compensation Affidavit57 h.MBE and/or SBE Commitment Form (If required)58 3.Standard City General Conditions of the Construction Contract for Developer59 Awarded Projects.60 4.Supplementary Conditions.61 5.Specifications specifically made a part of the Contract Documents by attachment62 or, if not attached, as incorporated by reference and described in the Table of63 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 the68 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 Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 102866 Revised June 16, 2016 Article 6. INDEMNIFICATION75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own76 expense, the city, its officers, servants and employees, from and against any and all77 claims arising out of, or alleged to arise out of, the work and services to be performed78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees79 under this contract. This indemnification provision is specifically intended to operate80 and be effective even if it is alleged or proven that all or some of the damages being81 sought were caused, in whole or in part, by any act, omission or negligence of the city.82 This indemnity provision is intended to include, without limitation, indemnity for83 costs, expenses and legal fees incurred by the city in defending against such claims and84 causes of actions.85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense,87 the city, its officers, servants and employees, from and against any and all loss, damage88 or destruction of property of the city, arising out of, or alleged to arise out of, the work89 and services to be performed by the contractor, its officers, agents, employees,90 subcontractors, licensees or invitees under this contract. This indemnification91 provision is specifically intended to operate and be effective even if it is alleged or92 proven that all or some of the damages being sought were caused, in whole or in part,93 by any act, omission or negligence of the city.94 95 Article 7. MISCELLANEOUS96 7.1 Terms.97 Terms used in this Agreement are defined in Article 1 of the Standard City Conditions of98 the Construction Contract for Developer Awarded Projects.99 7.2 Assignment of Contract.100 This Agreement, including all of the Contract Documents may not be assigned by the101 Contractor without the advanced express written consent of the Developer.102 7.3 Successors and Assigns.103 Developer and Contractor each binds itself, its partners, successors, assigns and legal104 representatives to the other party hereto, in respect to all covenants, agreements and105 obligations contained in the Contract Documents.106 7.4 Severability.107 Any provision or part of the Contract Documents held to be unconstitutional, void or108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all109 remaining provisions shall continue to be valid and binding upon DEVELOPER and110 CONTRACTOR.111 7.5 Governing Law and Venue.112 This Agreement, including all of the Contract Documents is performable in the State of113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the114 Northern District of Texas, Fort Worth Division.115 1/11/2021 PreviewTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Named Insured Agency Issuing Company FCL BUILDERS, LLC. ASSURANCE AGENCY, LTD AMERISURE INSURANCE COMPANY 1. a. SECTION II -WHO IS AN INSURED is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business; or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract, written agreement, or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease: or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: Includes copyrighted material of Insurance Services Office, Inc. CG 70 481015 Pages 1 of 4 Policy Number Agency Number Policy Effective Date GL 205516812201 0295855 06/30/2017 Policy Expiration Date Date Account Number 06/30/20 10/26/2017 10912186 GL20551681301 06/30/2020 06/30/2021 Preview(a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. (3) Completed operations coverage, but only if: (a) The written contract, written agreement. or certificate of insurance requires completed operations coverage or ''your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract, written agreement, or certificate of insurance: (1) Requires "arising out of' language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured -Owners, Lessees or Contractors -Scheduled Person Or Organization endorsement CG 20 1 0 1 0 01; or (b) Additional Insured -Owners, Lessees or Contractors -Completed Operations endorsement CG 20 37 10 01; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of'. c. If the written contract, written agreement, or certificate of insurance requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured-Owners, Lessees or Contractors-Scheduled Person Or Organization endorsement CG 20 1 0 07 04 or CG 20 1 0 04 13; or (2) Additional Insured -Owners, Lessees or Contractors -Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured-Owners, Lessees or Contractors-Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured-Owners, Lessees or Contractors-Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; (3) Certificate of insurance; or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 4 CG 70 481015 Previewg. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; (d) Reports; (e) Surveys; (f) Change orders: (g) Design specifications: and (2) Supervisory, inspection, or engineering services. h. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; but if the written contract, written agreement, or certificate of insurance requires primary and non- contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract, written agreement, or certificate of insurance as outlined above requires additional insured status by use of CG 20 1 0 11 85, then the coverage provided under this CG 70 48 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 1 0 11 85 shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 1 0 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 201011 85 Copyright, Insurance Services Office, Inc., 1984 Includes copyrighted material of Insurance Services Office, Inc. CG 70 481015 Pages 3 of 4 Previewj. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. Page4 of 4 CG 70 481015 PreviewTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR'S BLANKET ADDITIONAL INSURED ENDORSEMENT FORM A This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Named Insured Agency Issuing Company FCL BUILDERS, LLC. ASSURANCE AGENCY, LTD AMERISURE INSURANCE COMPANY 1. a. SECTION II -WHO IS AN INSURED is amended to add as an additional insured any person or organization: (1) Whom you are required to add as an additional insured on this policy under a written contract or written agreement relating to your business; or (2) Who is named as an additional insured under this policy on a certificate of insurance. b. The written contract, written agreement, or certificate of insurance must: (1) Require additional insured status for a time period during the term of this policy; and (2) Be executed prior to the "bodily injury", "property damage", or "personal and advertising injury" leading to a claim under this policy. c. If, however: (1) "Your work" began under a letter of intent or work order; and (2) The letter of intent or work order led to a written contract or written agreement within 30 days of beginning such work; and (3) Your customer's customary contracts require persons or organizations to be named as additional insureds; we will provide additional insured status as specified in this endorsement. 2. The insurance provided under this endorsement is limited as follows: a. That person or organization is an additional insured only with respect to liability caused, in whole or in part, by: (1) Premises you: (a) Own; (b) Rent; (c) Lease: or (d) Occupy; (2) Ongoing operations performed by you or on your behalf. Ongoing operations does not apply to "bodily injury" or "property damage" occurring after: Includes copyrighted material of Insurance Services Office, Inc. CG 70 481015 Pages 1 of 4 Policy Number Agency Number Policy Effective Date GL 205516812201 0295855 06/30/2017 Policy Expiration Date Date Account Number 06/30/20 10/26/2017 10912186 GL20551681301 06/30/2020 06/30/2021 Preview(a) All work to be performed by you or on your behalf for the additional insured(s) at the site of the covered operations is complete, including related materials, parts or equipment (other than service, maintenance or repairs); or (b) That portion of "your work" out of which the injury or damage arises is put to its intended use by any person or organization other than another contractor working for a principal as a part of the same project. (3) Completed operations coverage, but only if: (a) The written contract, written agreement. or certificate of insurance requires completed operations coverage or ''your work" coverage; and (b) This coverage part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". However, the insurance afforded to such additional insured only applies to the extent permitted by law. b. If the written contract, written agreement, or certificate of insurance: (1) Requires "arising out of' language; or (2) Requires you to provide additional insured coverage to that person or organization by the use of either or both of the following: (a) Additional Insured -Owners, Lessees or Contractors -Scheduled Person Or Organization endorsement CG 20 1 0 1 0 01; or (b) Additional Insured -Owners, Lessees or Contractors -Completed Operations endorsement CG 20 37 10 01; then the phrase "caused, in whole or in part, by" in paragraph 2.a. above is replaced by "arising out of'. c. If the written contract, written agreement, or certificate of insurance requires you to provide additional insured coverage to that person or organization by the use of: (1) Additional Insured-Owners, Lessees or Contractors-Scheduled Person Or Organization endorsement CG 20 1 0 07 04 or CG 20 1 0 04 13; or (2) Additional Insured -Owners, Lessees or Contractors -Completed Operations endorsement CG 20 37 07 04 or CG 20 37 04 13; or (3) Both those endorsements with either of those edition dates; or (4) Either or both of the following: (a) Additional Insured-Owners, Lessees or Contractors-Scheduled Person Or Organization endorsement CG 20 10 without an edition date specified; or (b) Additional Insured-Owners, Lessees or Contractors-Completed Operations endorsement CG 20 37 without an edition date specified; then paragraph 2.a. above applies. d. Premises, as respects paragraph 2.a.(1) above, include common or public areas about such premises if so required in the written contract or written agreement. e. Additional insured status provided under paragraphs 2.a.(1)(b) or 2.a.(1)(c) above does not extend beyond the end of a premises lease or rental agreement. f. The limits of insurance that apply to the additional insured are the least of those specified in the: (1) Written contract; (2) Written agreement; (3) Certificate of insurance; or (4) Declarations of this policy. The limits of insurance are inclusive of and not in addition to the limits of insurance shown in the Declarations. Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 4 CG 70 481015 Previewg. The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's, or surveyor's rendering of, or failure to render, any professional services, including but not limited to: (1) The preparing, approving, or failing to prepare or approve: (a) Maps; (b) Drawings; (c) Opinions; (d) Reports; (e) Surveys; (f) Change orders: (g) Design specifications: and (2) Supervisory, inspection, or engineering services. h. SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph 4. Other Insurance is deleted and replaced with the following: 4. Other Insurance. Coverage provided by this endorsement is excess over any other valid and collectible insurance available to the additional insured whether: a. Primary; b. Excess; c. Contingent; or d. On any other basis; but if the written contract, written agreement, or certificate of insurance requires primary and non- contributory coverage, this insurance will be primary and non-contributory relative to other insurance available to the additional insured which covers that person or organization as a Named Insured, and we will not share with that other insurance. i. If the written contract, written agreement, or certificate of insurance as outlined above requires additional insured status by use of CG 20 1 0 11 85, then the coverage provided under this CG 70 48 endorsement does not apply except for paragraph 2.h. Other Insurance. Additional insured status is limited to that provided by CG 20 1 0 11 85 shown below and paragraph 2.h. Other Insurance shown above. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: Blanket Where Required by Written Contract, Agreement, or Certificate of Insurance that the terms of CG 20 1 0 11 85 apply (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 201011 85 Copyright, Insurance Services Office, Inc., 1984 Includes copyrighted material of Insurance Services Office, Inc. CG 70 481015 Pages 3 of 4 Previewj. The insurance provided by this endorsement does not apply to any premises or work for which the person or organization is specifically listed as an additional insured on another endorsement attached to this policy. Includes copyrighted material of Insurance Services Office, Inc. Page4 of 4 CG 70 481015 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANTAGE COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the BUSINESS AUTO COVERAGE FORM With respect to co�erage provided by this endorsernent, the pro�isians of the Cv�erage �arm appiy unless modifed hy the endorsement. The premium for this endarsement is $ I�CLUDED EXTENOED CANCELLATION C4NDITI�N C�MM�N l�DLICY CON�ITI�NS - CANCELLAiI�N, Paragraph A.Z. is replaced by the fallowing: z. We may cancel this poFicy by mailing or deli�ering to the first Named insured written notice �f caneeklatian at least: a. 1 Q days before tt�e efFecti�e date of cancellati�n if we cancel far nvnpayment vf premium; or h. 6d days befare the efFecti�e date of cancellation if we cancel far any other reaso�. 2. BROAD F�RM IN5LIRED SEC7IQN II - LfABILITY C4VERAGE A.1. WH❑ IS AN lNSURED is amendecf by the adclition of the following: d. Any organization you newly acquire or form, other than a partnership, jaint �er�ture or limited fiabiliry company, and over which you maintain ownership ar a majority interest, will qualify as a iVamed lnsured. Howe�er, {1] Co�erage under this provisiar� is afforded anly until the end of the policy period; {Z] Co�erage does �ot apply to "a��iden#s" or "loss" that oecurred hefore yQu a�quired or formed the organization; and [3y Co�erage does not apply to an organization that is an "insured" under any other poli�y or would be an "insured" but for its terminatian or the exhausting of its limit of fnsurance. e. Any "employee" of yours using: {7} A co�ered "auto" you do not own, hire or borrow, or a cavered "auto" not owned 6y the "employee" or a+rtember o# his ar her househald, while perForming duties related ta the cpnduct of your t�usiness or yvUr pers�nal affairs; pr (2) An "auta" hired or rented under a contract or agreement in that "employee's" name, with your permission, whil� per#orming duties related to the �onduct af your business. Hawever, your "employee" does not qualify as an insured under this paragraph (2) w{�ile using a �aaered "autd' rentec# from you or from any member of #he "employee's" househald. f. Yaur members, if you are a limited liahikiry �ompany, whife using a �avered "aUto" you do r�ot own, hire, or barrow, wh�4e performing dut+es relate� to the cancluct of your k�usiness or your persanal af�airs. g. Any person or organization with whom you agree in a written contract, written agreement or permit, to provide insurance such as is afforded under this policy, but only with respect to your covered "autos". This provision does not apply: (1) Unless the written contract or agreement is executed or the permit is issued prior to the "bodily injury" or "property damage"; Includes copyrighted material of Insurance Services Office, Inc. CA 71 15 11 09 Page 1 of 5 (2) To any person or organization included as an insured by an endorsement or in the Declarations; or (3) To any lessor of "autos" unless: {a) The lease agreement requires you to provide direct primary insurance for the lessor; (b) The "auto" is leased without a driver; and (c) The lease had not expired. Leased "autos" covered under this provision will be considered covered "autos" you own and not covered "autos" you hire. h. Any legally incorparated organizatiQn or subsidiary in which yau own more than 5D°/o af the �oting stock on the efifecti�e date of this en�or5ement. This pro�ision does not apply ta "bvdily injury" ar "property damage" for whi�h an "insured" i5 alsv an insured under any ather automobile poli�y or wvuld �e an insured under such a pvlicy, but far its termination or tne exhaustion of its limits of insurance, unless such policy was written to apply specifically in excess of this policy. 3. COVERAGE EXTENSfQNS - SLJPPL�MENTARY �AYMENTS Ur�der SECTION II - LIABI�ITY COVERAGE. A.�.a. Supplementary Payments, paragraphs [2] and (4} are deleted and replace[� with the following: [�j Up ta $2500 for the cost of bail bands (inciuding bonds for related traffic law violations] required because of an "accidertt" we co�er, We da nat have ta furnish these bonds. {4y All reasonable expenses incurred by the "insured" at our request, including a�tua! loss of earnings up to $5�� a c�ay because of time ofF from work. 4. AMENDED FELLOW EMPLOYEE EXCLUSIaN 5ECT��N li - LIABiLITY CDVERAG�, B. E]CCLU51QN5, paragraph 5. Fellow Emplayee is deleted and repla�ed by the fallawing: 5. Fellvw Emgloyee "Bodily injury" to: a. Any feilow "employee" of the "insured" arising �ut of and +n the c�urse ❑f the fellow "employee's" employment or while perForming duties refated ta the canduct af your business. Howe�er, this exclusion daes not apply to your "employees" that are ofFicers, managers, supervisors or abo�e. Co�erage is excess over any other colleciif�le insurance. b. The spouse, child, parent, brother Qr sister of that fell4w "empfoyee" as a consequence of paragraph a. above. 5. HIRE� AUTO PHYSICA� DAMAGE �aVERAGE AN� LOSS �F USE �XPENS� A. Under SECTI�N III - PFiYSlCAL DAMAGE C�VERAGE, A. CDVERAGE, the follawing is added: if any of yaur owned covered "autos" are �avered for Physicaf damage, we will pro�ide Physical Damage �overage ta "autos" that you or your "employees" hire ❑r borrow, under your name or the "empioyee's" name, far the purpose of doing yaur work. We wiii provide co�erage equal ta the braadest physical damage coverage applicabfe ta any covered "auta" shown in the Declarati�ns, Item Three. 5cheduie of Co�ered Autos You Own, or on any endorsements amending this schedule. B. Under SECTION III - PHYSICAL DAMAGE COVERAGE, A.4. COVERAGE EXTENSIONS, paragraph b. Loss of Use Expenses is deleted and replaced with the following: b. Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use expenses if caused by: Includes copyrighted material of Insurance Services Office, Inc. Page 2 of 5 CA 71 15 11 09 (1) Other than collision, only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss, only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Coilision, only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $30 per day, to a maximum of $2,000. C. �nder SECTf�N IV — BUSINESS ►4UTQ C�M1IDITIDNS, paragraph S.h. Qther Insurance is deieted and replaced by the folfowing: b. For Hired Auto Physical �amage Co�erage, the fallowing are deemed to be �o�ered "autos" you own; 9. Any co�ered "auto" you lease, hire, rent or borrow; and 2. Any co�ered "auto" hired ar rented by your "employee" under a cnntract in that indi�idual "empfoyee's" name, with your permission, while perForming duties related to the canduet of your business. However, any "auta" that is leased, hired, rented ❑r borrowed with a driver is nat a co�ered "auto", nor is any "auto" you hire from any of your "employees", par[ners {if you are a partnership}, memhers (if yau are a iimited liability �ompany), or memhers of their households. 6. LOAN OR LEASE GAP COVERAGE lJr�der SECTI�IV 111 - RHYSICAL �AMAGf C�VERAGE, A. CdVERAGE, Che following is added: If a co�ered "auto" is owned or leased and if we pro�ide Physi�al �amage Co�erage on it, we will pay, in the e�ent of a co�ered total "lass", any unpaid amouni due ar� the lease ar loan #or a �overed "auta", less: {a] The amount paid under the Physical �amage Co�erage Section of the polE�y: and [b) Any: [1} O�erdue lea5e or Ivan payments incl�ding penalties, interest vr other charges result+ng from a�erdue payments at the time af the "loss"; �Z] Financial penalties impased under a I�ase for excessive use, a{�normal wear ar�d tear ar high mileage; {3y CosEs for extended warranties, Credit Life Insurance, Health, Accident ar Disability Insurance purchased wit� the laan or lease; {4) Security depasits not refunded by a IessQr; and {5j �arry-over iaalan�es frQm pre�ious Ioans or ieases. 7. RENTAL REIMBURSEMENT SECTI�N III - PHY5ICAL DAMAGE COVERAGE, A. C�VERAGE, pat'agraph 4. Co�erage Ex#ensians is deleted and replaced by the #opowing: 4. Ca�erage Extensions fa} We wiil pay up tv $75 per day to a maximum of $2000 for kransportation expense incurred by you because of covered "tioss". We wiN pay only fflr those covered "aut�s" for whith you earry Col{ision Coverage or either Comprehensive Coverage or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 24 hours after the covered "loss" and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". This coverage is in addition to the otherwise applicable coverage you have on a covered "auto". No deductibles apply to this coverage. (b) This coverage does not apply while there is a spare or reserve "auto" available to you #or your operation. Includes copyrighted material of Insurance Services O�ce, Inc. CA 71 15 11 09 Page 3 of 5 8. AIRBAG COVERAGE SECTION III - PHYSICAL DAMAGE, B. EXCLUSIONS, Paragr?ph 3. is deleted and replaced by the following: We will not pay for "loss" caused by or resulting from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown, However, this exclusion does not include the discharge of an airbag. b. Blowouts, punctures or other road damage to tires. GLASS REPAIR - WAlVER OF DEpl1CTIBLE SECTION III - PHY5ICAL DAMAGE CDVERAGE, D. �EallCTIBLE is amended to add the f�IlQwing: No deductiBle applies to glass damage if the giass is repaired rather than replaced. 10. COLLISI�N COVERAGE — WAIVER �F DEDUCTfBLE SECTIDN !fl - PHY5ICAL DAMAGE CDVERAGE, D. B�QUCTIBLE is amendec} to add the following: When tf�ere is a"Ioss" ta your co�ered "auto" insured for Callision Co�erage, r�o deduGtible wili apply if the "loss" was caused by a collision with anather "auto" ins�tred by us. 17. KN�WLEDGE OF ACCIDENT SECTlQN lV - BU51NE55 RUTQ CONDITIONS, A. L05� CDN�ITIaIVS, Z. DLJilES IN T'HE EVEHlT QF AC[IDENT, CLAIM, SUIT QR L�SS, paragraph a. is deieted and repfaced by the fQllowing: a. You must see ta it that we are notified as saon as practicahle of an "a�cident", claim, "s�it" or "ioss". Knawledge of an "ac�ident", claim, "suit" or "loss" by your "employees" sMalf not, in itself, canstitute knowledge to you unless ane of yaur partr�ers, executi�e ofFrers, directnrs, managers, or mem�ers [if you are a limited liabiliry company} has knowledge of the "accident", claim, "suit" or "lass". Notice shau�d in�lude: {1} How, when and where the "a�cidenY' or "ioss" ac�urred; [Z} The "insured'S" name and address; and �3y To the extent passible, the names and addresses of any injured persans and witnesses. 12. TRANSFER OF RIGHTS {BLANKET WAfVER OF SUBROGATIQN] SECtIDN IV - SUSlNE55 AUTO CnNDITIQNS A.5. TRANSFER OF R1GHT5 OF RECOVERY AGAINST ❑THERS '�� U5 is deleted and replaced by the #ollowing: If any person or arganixatian tv or for whom we make paymer�t under this Caverag� Forrn has rights to reco�er damages from anflther, those �ights are transferred tQ us. That person or arganization must d� everything ne�essary ta secure vur rights and rrtust cfQ nathing a�ter "accident" or "lass" to impair therrz. However, if the insured has waive�f rights to re�o�er through a written contra�t, or if your wvrk was commen�ed under a letter of intent or work arder, subject ta a subseguent reduction in writing with cus#omers whase customary �ontracts reqUire a wai�er, we wai�e any right of reca�ery we may have under this Coverage F�rm. 13. UAIINTENTIO�fAL FAILIJR� TD DISCL05E HAZARDS SECTION IV - BUSINESS AUTO CONDITIONS, B. GENERAL CONDITIONS, 2. CONCEALMENT, MISREPRESENTATION OR FRAUD is amended by the addition of the following: We will not deny coverage under this Coverage Form if you unintentionally fail to disclose all hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omission in your representations as soon as practicable after its discovery. This provision does not affect our righ# to collect additional premium or exercise our right of cancellation or non-renewal. Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 5 CA 71 15 11 09 14. BLANKET COVERAGE FOR CERTAIN OPERATIONS IN CONNECTION WITH RAILROADS When required by written contract or written agreement, the definition of "insured contracY' is amended as follows: The exception contained in paragraph H.3. relating to construction or demolition operations on or within 50 feet of a railroad; and Paragraph H.a. are deleted with respect to the use of a covered "auto" in operations for, or affecting, a railroad. Includes copyrighted material of Insurance Services Office, Inc. CA 71 15 11 09 Page 5 of 5 POLICY NUMBER: CA20550931201 COMMERCIAL AUTO CR, 71 65 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED - PRIMARY NON-CONTRIBUTORY CO�/ERAGE WHEN REQUIRED BY INSURED CONTRACT OR CERTIFICATE This endorsement modifies ir�surance pro�ided under the BUSI�IESS AUTO C�VERAGE F�RM The provisions of the Co�erage Form appEq unless ehanged by this endarsem�nt. This endorsement identifies person[s} ar organizationtsj who are "insured" under the Who Is An fnsured Provisi�n of the Coverage Farm. This endarsement changes the policy on the inceptiqn date of the policy, �nless another date is shown below. Endarsernent Effecti�e; 06/30�202q I Cauntersigned By; Named Insured: FCL BUIL�ERS, LLC. {Authorized Re{�resentative) (No entry may appear abave. If sa, inf�rmation tv complete this endarsement is in the De��a►ations.} 1. Section II — Liability Co�erage, A. Coverage, 1. Who Is An Insured is amended ta add: Any person or organization with whom you have an "insured contract" which requires: i, that persan �r organiza#ion ta be added as an "insured" under this palicy or an a certi��ate of insuran�e; and ii. this palicy to k�e primary and nan-contributory to any like insurance a�ailable tc� the person or organization. Each such person or organization is an "insured" far LiabilEty Ca�erage. They are an "insured" flniy if that person or organizati�n is an "insured" under in SECTION It of the Ca�erage Form. The contract between the f�amed Insured ar�d the person or organ�zation is an "insured �ontract". 2. Sect3on IV — Business Auta Conditions, B. General Conditions, 5. Other Insurance, paragraph d. is deleted and replaced by the following for the purpose of this endorsement only; d. When coverage provided under this Coverage Form is also provided under another Coverage Form or policy, we will provide coverage on a primary, non-contributory basis. lncludes copyrighted material of Insurance Services Office, Inc. with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CONTRACTORS GENERAL LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Under SECTI�N 1- C�VERAGE A. B�DILY INJIIRY ANd PRDPERTY DAMAGE LlA81LITY, p2�ragraph 2. EXCLU510N5, prflvisions 1. through 5, of this endorsement amend the policy a5 follows: 1. LIQU�R LIABILI7Y Ex�lusion c. Liquor Liahility is deleted. 2. NONOWNED WATERCRAFT AND N�NaWNED AIRCRAFT [H1RED, RENTED aR LDANED WITH PAl� CREW) Ex�lusion g. Air�raft, Auto or Watercraft, paragraph (2j is deleted and replaGed with the following; (Zj A watercraft you da n�t �wn that i$: {aj Less than 51 feet lang; and (b) Nat being used to carry persons or properry for a charge; �xclusion g. Aircraft, Auta or Watercraft, paragraph [fij is added a5 foflaws: (fi) An aircraft that yQu do not own that is: [ay Hired; t�y R�nt�a; o� [c] Loaned to you; with paid crew #or a period of fi�e (5j consecuti�e days or less. Paragraph (fi] does not apply if the Fnsured has any otl�er insuran�e for "t�odily injury or "properry damage" liabiliryfor such aircraft, whether su�h other insurance is primary, excess, contingent ar on any other basis. 3. PREMISES ALIENATE� A. Exckusion j. oamage #o �roperty, paragraph (2) is deleted. 8. The following paragraph is also deleted from Exclusion j. Damage ta Property: Paragraph [2] of thi� exclusion daes not apply if the premises are '�our wark" an� were never occupied, rented ar held far rental by you. 4. PRDPERTY DAMAGE LIABILITY - ELEVATnRS ANO SIDETRACK AGREEM�NTS A. Exclusion j. oamage to Praperty, paragraphs [3f, {4y, and [fi) do not apply to the use of ele�ators. B. Exclusion k. Damage to Your Product does not apply to: 1. The use of elevators; or 2. Liability assumed under a sidetrack agreement. Includes copyrighted material of Insurance Services Office, Inc. CG 71 37 11 09 Page 1 of 9 5. PROPERTY DAMAGE LIABILITY - BORROWED EQUIPMENT A. Exclusion j. Damage to Property, paragraph (4) does not apply to "property damage" to borrowed equipment while at a jobsite and not being used to perform operations. B. With respect to any one borrowed equipment item, provision S.A. above does not apply to "properry damage" that exceeds $25,000 per occurrence or $25,000 annual aggregate. 6. PRODUCT RECALL EXPENSE A. Exclusion n. Recall Of Products, Work Or Impaired Property does not apply to "product recall expenses" that you incur for the "covered recall" Qf `your producY'. This exception to the exclusion does not appiy to "product recali expenses" resultiny fram: 1. Failure of any produets to accomplish their intended purpose; 2. 8reach of warranties of fitne5s, qualiry, durabiliry ar performan�e; 3. Loss ot eustomer appro�al ar any co5t incurred ta regair� customer a�Opro�al; 4. Redistri�utivn or replacement of '�pur produGY', which has been recalled, by like praduets or substitutes: 5. Caprice ar whim nf the insured; fi. A �ondition likely io cause lass, about which any insured knew or had reason to knaw at the inception of this insurance; Asbestos, in�luding loss, damage ar clean up resulting from ashestos or asbestos containing materials; Re�all af `your product{s}" that ha�e no knflwn or 5uspected defe�t solely 6ecause a known ar suspeeted defect in anather of `your procfuct(s]" has been found. 6. Under SECTION III — L1MIT5 OF INSURAN[E, paragraph �. is replaced in its entirery as follows and paragraph 8. is added: 3. The Products-Campleted Operations Aggregate Limit is the mast we wifl pay far the sum af: a. Damages under C�VERAGE A BODlLY INJURY AND PRaPERTY DAMAGE LIA6ILITY because of "bodily injur�' and "properry damage" included in the "products-eompleted operations hazard" and h. "Product recall expenses". 8. 5uf�jeCt to paragraph 5. abo�e, $�S,QOD is the most we will pay for all "product recali expenses" arising aut of the same defeci or deficiency. The insurance afforded by pro�isions �. through fi. af this endorsement is ex�ess over any valid and collectible insurance (induding any deductible} a�aila6le to the insured whether primary, excess Qr cnntingent, and SECTIDN IV., paragraph 4. �ther Insurance is changed accordingiy. 7. 6LANKET CONTRACTUAL LIA6iLITY — RAILR�ADS W�en a written contra�t or written agreement requires Contractuai Liability- Railraads, the definition �f "in5ured contract" in 5ectior� V- Definitians i� replaced by the following with respect to operaticrns perFormed for, or affect+ng, a rai4road: 9. "Insured ContracY' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contracY'; b. A sidetrack agreement; Includes copyrighted material of Insurance Services Offi�e, Inc. Page 2 of 9 CG 71 37 11 09 c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liabiliry means a liabiliry that would be imposed by law in the absence of any contract or agreement, Paragraph f. does not include that part of any Contract or agreement: (1] That inderrmifes an architect, engineer or surveyorfor injury ar damage arising out af: [a} Preparing, appro�ing or faifing ta prepare or appro�e maps, sF�ap drawings, ❑pinions, reports, surveys, field orders, �hange vrders or drawings and spe�ifi�ations; or (b] Gi�ing directions ar instru�tipns, or failing ta give them; [2y Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury ar damage arising out af the insured's rendering or failure ta render professional ser�ice5, including those listed in Paragraph [1 j aba�e and supervisory, inspe�tion, architectural or engineering a�tivities. 8. C�N7FtACTUAL LIABILITY - PERSONAL AN� ADVERTi51NG INJLIRY Under SECTI�N 1- COVER.4GE B„ paragraph 2. E7CCIUSi0115, paragraph e, Cnntractual Liability is deleted. 9. SUPPLEMENTARY PAYMENTS Under SEC710N l- SUPPLEMENTARY PAYMENTS - COVERAGES A AND B, paragraph5 1.b. antE 1.d. are deleted and replaced with the fallowing: 6. Up to $z,5D0 for �ost of bail 4�onds required because of a«idents or tratfi� law vialatians arising out af the use of any �ehicle to which the Sodily Injury Lia6i[ity Ca�erage applies. We do not ha�e to furnish these bonds. d. All reasonable expenses incurred by the insured at aur request tn assist us in the in�estigation or defense of the claim or "suiY', including actual loss of eamings up to $50U a day be�ause of time aff from work. 10. BROADENED WH� IS AN INSLJRED SECT40N II - WHD i5 AN INSURED is defeted and replaced with the following: 1. If yau are designated in the Declarations as: a. An inclividuai, you and y�ur spouse are insureds, but only with respect to the conduct af a 6�siness of which yau are the sole owner. h. A partnership or joint �enture, yau are an insured. Your members, your partners, and their spauses are also insureds, but only �ith respect tn the canduct of your business. c. A limited liahility company, you are an insured. Your mem6ers are als� insureds, 6ut only with respect to the �ondu�t of your business. Yaur managers are ins�reds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liabiliry company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. Includes copyrighted material of Insurance Services Office, Inc. CG 71 37 17 09 Page 3 of 9 e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Your "volunteer workers" only while perForming duties related to the conduct of your business, or your "employees," other than either your "executive officers," (if you are an organization other than a partnership, joint venture or limited liabiliry company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insured for: {1j "Bodily ir�jury" or "personal and ad�ertising intury": {a] Ta ynu, to your partners or members (if you are a partnership or joint �enture}, to your mem�er5 fif you are a limited liability compar�y}, to a ca-"err�p�oyee" while in the course of his or her employment pr perfarming duties related ta the conduct of your business, or to yaur Qther'�olunteer workers" while perForming duties relate[� to the conduct of your k�usiness; [i�} To the spouse, �hild, parent, brather nr sister of that ca "emplayee" or'i�olunteer warker" as a consequence of paragraph [7] {a) above; [�] For which there is any ab�igativn to sh�re damages with or repay sameone eise who must pay damages 6e�ause of the injury desGribed in paragraphs (1]{aj vr {�) abo�e; or (dj Ar�sing out af his or her pra�iding or failing ta pro�ide professional health care ser�ices extept as provided in pro�ision 11. of this endarsement. Paragraphs (1}(�}, ��j[b] and {7)[c) abo�e dn nat applyto your"employees" who are: {i) Managers; [iij Superv�sors; [iii) DireGtors; or {i�) �fficers; with respect to "badily inj�r�'to a co-"employee'. {2} "Proper#y damage" to properry: (ay Owned, occupied or used by; tbf Rented to, in the Care, custody or c�ntral af, �r o�er which physica! Gantrol is being exercised for any purpose hy you, any af your "employees,"'Volunteer workers", any partner or member (if yau are a partnership orjoint �enturej, or ar�y member {if you are a limited liabiliry Campany]. b. Any persan (other than your "employee" or "�alunteer worke�'], or any organiza#ion while acting as your rea! estate manager. c. Any persan ar organizatinn ha�ing pr�per temporary custody of your property if you die, but only; (1) Wit4� respect to liability arising aut af tne maintenar�ce or use of that property; and (2) Until your legal representative has been appointed. d. Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Form. e. Your subsidiaries if: (1) They are legally incorporated entities; and Includes copyrighted material of Insurance Services Office, Inc. Page 4 of 9 CG 71 37 11 09 (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. f. (1) Any person or organization, other than an architect, engineer or surveyor, required to be named as an additional insured in a"work contracY', letter of intent or work order. However, such person or organization shall be an additional insured only with respect to covered "bodily injury," "property damage," and "personal and advertising injury" arising out of "your work" under that "work contracY', letter of intent or work order. {2) We wili pro�ide additional insured ca�erage to such person ar organization only, [aj for a periad of 30 days after the effecti�e date of the applicabie "work contract", letter of intent or wark order; or [laj unti! the end of ihe poli�y term in effect at the inception of the appli�ahle "w�rk contracY', letter of intent or worlc order; whiche�er is earfier. [3) Co�erage pro�ided under this paragraph f. is excess over any other valid and cal{ectible insurance a�ailable to the additianal insured whether primary, excess, �antingent, or on any other basis unless #he'�+vork contract", letter of intent or work order requires this insurance be prirr�ary, in w�ich case this insurance will }�e primary without �ontribution from su�h ather insurance a�ariable to the additinnal ;nsured. (4} This paragraph f, daes not apply if form CG 7Q 48, Contractors elanket Additipnal Insured Endorsement, is attached to the palicy. g. Any persan or organization to whom you are �b�igated by virtue of a written Contract to pro�ide insurante sueh as is afforded by this pv�icy, but only with respect ta li�bility arising out of the maintenance or �se af tl�at part af any premises lea5ed to you, including �ommon ar public areas about such premises if so required in the cvntract. Howe�ver, no 5uch persan or organizatian is an insured with respect to: (1} Any "accurrence" that takes piace after you cease to o�eupy thase premises; or (2} 5tructural alterations, new construction or demolition operatians performed by or on hehalf af such person or organizatian. h. Any state ar political subdi�i5ion but only as respeCts iegal liability incurred by the state ar paiitical suhdi�ision solely because it has issued a permit with respect to operations performed by you or on yaur behalf. However, no state ar political subdi�isian is an insured with respett ta: {1j "Bodily injury", "property damage", and "personaf and ad�ertising injury" arising out af operations performed for the state or municipaiity; nr (2] "Bodily injury" ar "properry damage" in�l�ded within the "products-carnpleted operations hazard." Any person or arganization who is the lessnr of equipment leasec€ to yau ta whvm you are o6ligated 6y virtue of a written contact to pro�ide insurance such as is afforded by this policy, but only with respect to their liability arising out of the maintenance, operation or use of such equipment by you or a subcontractor on your behalf with your permission and under your supervision. However, no such person or organization is an insured with respect to any "occurrence" that takes place after the equipment lease expires. j. Any architect, engineer, or surveyor engaged by you but only with respect to liabiliry arising out of your premises or "your work." Includes copyrighted material of Insurance Services O�ce, Inc. CG 71 37 11 09 Page 5 of 9 However, no architect, engineer, or surveyor is an insured with respect to "bodily injury," "property damage," or "persanal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change orders, designs or specifications; or (2) Supervisory, inspection, or engineering services. This paragraph j. does not apply if form CG 70 48, Contractors Blanket Additional Insured Endorsement, is attached to the policy. k. Any ma�ager, owner, lessor, mortgagee, assignee or recei�er of premises, in�iuding land leased t� you, but only with respect to liability ari�ing out af the ownership, maintenance or use of that part of the premises or land leased ta yau. However, nv such person ar organization is an insured with respect ta: �1) Any "accurrence" that takes pla�e after you cease to oc�upy that premises, or cease to lease the land; or [Z] Structural alteration, new construction ❑r demalition aperatians performed by or an behalf of that person ar vrganization. 3. Any orga�ization yau newly acquire or form, other than a partnership, jvint �enture vr limited liability �ampany and a�er which you maintain awnership or majority interest, will qualify as a Named Ins�red if there is no o#her simi�ar insurance a�ailable ta that organization. Howe�er: a. Ca�erage under #his pro�ision is afforded until the end af the palicy period. b. Caverage A does not apply to "bodily injury" ar "properry damage" that oceurred before yQu acquired or formed the arganization. c. Coverage B does nat apply tv "personal and advertising injury" arising out of an of#ense committed before yau acquired ar farmed the arganization. d. Co�erage A does not apply to "product recall expense" arising out of any withdrawa! ar recall that occurred hefare ynu acquired or formed the arganizativn. 4. Any person or organization {referred ta helow as �endor] with wh�m yau agreed, be�ause of a written cnntract or agreement to {�ro�ide insurance, is an insured �ut only with respect to "bodily injury" or "praperty damage" arising out �f "your product5" that are distributed ar sold in the regufar caurse ot the vendor's business. Howe�er, no such persan ar organization is an insured with respect tn: a. "Bodily injury" or "praperty damage" for whi�h the �endar is obligated ta pay damages by reason of the assumption of liability in a contract or agreement. This excl�sian does not apply to liabiliryfor damages that the �endor would ha�e in the absence of the �vntra�t or agreement. h. Any express warranty unauthorized hy you; c. Any physical ar chemical �hange in "yo�r product" made intentionaffy by the vendar; d. Repackaging, ex�ept when unpaciced 5olelyfpr the purpo5e af inspection, demon5tration, testing, or the substitutinn of parts under instructians fram the manufacturer, and then repackaged in the original container; e. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of "your products"; f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of "your producY'; Includes copyrighted material of Insurance Senrices Office, Inc. Page 6 of 9 CG 71 37 11 09 g. "Your products" which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. h. "Bodily injur�' or "property damage' arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in subparagraphs d. orf.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. This insurance does not apply to any insured persQn Qr organizatian from which you ha�e acquired `yvur products", or any ingredient, part, or container, entering into, a�campanying or containing'�our products". IVo person qr organization is an insured with respect to the candutt of any current or past partnership, jvint vent�re or limited liability Company that is not shawn as a Named Insured in the Declarations. 11. INCIDENTA! MA�PRACTICE �IABILITY As respects pre�ision 10., SECTI�N II - WHD IS AN iNSURED, paragraph 2.a.�1j(dj does not apply ta any nurse, emergency medical technician or paramedic emplayed by yau to provide medical or paramedi�al servi�es, pro►�ided that you are nat engaged in the husiness or occupation of pro�iding such ser�ites, and yaur "employee" does nflt have any other ir�s�rance that would also �aver ciaims arising under thi5 pro�ision, whether the other insuran�e is primary, ex�ess, eontingent or on any other basis. Under SEGTIQN III - LIM�TS ❑F INSURANCE, provisions 12. through 14. of this endarsement amend the policy as fallows: 12. AGGREGATE LIMITS PER PROJECT The General Aggregate Limit applies separately to each of yaur �anstru�tion pro}ects away frorn premises owned by ar rented to yau. 13. INCREASED MEDICAL PAYMENTS LIMIT ANO REPaRTiNG PERIOD A. The requirement under $ECT�QN I- CQVERAGE C MEDiCAL PAYMENTS that expenses be incurred and reported tn us within ane year of the date of the aCcident is �hanged to three years. B. SECTION III - �IMITS �F IN5URANCE, paragraph 7., the Medical Expense Limit, is subject to all of the terms of SECTl�N III - LIMITS OF INSURANCE anr� is the greater af: 1. $�fl,000; ❑r �. The amount shown in the Declaratians for Medical Expense Limit. C. This pro�isian '13. dees nat apply if C�VERAGE � MEDICAL PAYMENTS is ex�luded either by the pra�isians of the Co�erage Form nr by endorsement. 14. DAMAGE TO PREMI5E5 RENTED T� YQU — SPECIFIC PERILS A. TF�e word fire is �hanged ta "specifi� perils" where it appears in: 9. The iast paragraph of SECTIQN I— C�VERAGE A, paragraph Z. Exclusions; 2. SEGtION 4V, paragraph 4.h. Excess Insurance. B. The Limits of Insurance shown in the Declarations will apply to all damage proximately caused by the same event, whether such damage results from a"specific peril" or any combination of "specific perils." C. The Damage To Premises Rented To You Limit described in SECTION III - LIMITS OF INSURANCE, paragraph 6., is replaced by a new limit, which is the greater of: 1. $1,000,000; or Includes copyrighted material of Insurance Services Office, Inc. GG 71 37 11 09 Page 7 of 9 2. The amount shown in the Declarations for Damage To Premises Rented To You Limit. D. This provision 14. does not apply if the Damage To Premises Rented To You Limit of SECTION I- COVERAGE A is excluded either by the provisions of the Coverage Form or by endorsement. Under SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, provisions 15. through 17. of this endorsement amend the policy as follows: 15. KNOWLEDGE OF OCCURRENCE Under 2. Duties In The Event Of Occurrence, Offense, Claim, Or Suit, paragraph a. is deleted and replaced and +aaragraphs e. and f. are added as follows: a. You must see to it that we are notified as soan as practi�able of an "accurrence" ar an ofFense, regardless of the amount, w�ieh rr�ay result in a claim. Knnwledge of an "occurrence^ or an pffense hy your "employee�s}" shaif not, in itself, consti#ute knowledge to you ur�less vne of your partners, members, "executive offcers", directors, or managers has knowledge of the "vc�urrence" or �fFense. To the extent possible, notice should include: (1j How, when and where the "occurrence" or offense to�k plaee; [2} The names and addresses of any injured persans and witnesses; and [3j The nature and locatian of any injury or damage arising out of the "occurrence" or ofFense. e. If you report an "o�currence" ta yaur warkers eompen5ation carrier that de�elvps irrta a liahiliry elaim f�r which �vverage is prv�ided 6y the Ca�erage Form, failure to repvrt such an "oc�urrence" to us at the time af the "oc�urrence" shall not 6e deemed a �iolatiQn of paragraphs a., h., and c. abave. Hawe�er, yvu shall give written noti�e of this "occurrence" to c�s as soon yau become aware that th�s "occurrence" may be a liability �laim rather than a warkers compensatian claim. f. You must see to it that the foilQwing are dane in the e�ent af an actual or anti�ipated "�o�ered recall" that may result in "product recali expense": {'1] Gi�e us prvmpt natice of any discavery or nQtificatian that "your product" must be withdrawn ar recalled. fnclude a description af'�our product" and the reason fflr the witl�drawal or recal�; [�y Cease any further re4ease, shipment, consignment ar any other method of distribution af like or similar prflducts uniif it i�as been determined that all su�h products are free from defects that could �e a cause of la5s under the insurance. 16. UNINTENTiUNAL FAILURE T� DISCLQ5E HAZARDS Paragraph 6. Representations is deleted and repla�ed with ihe following: 6. Representations By accepting this pflliry, yau agree: a. The statements in the Declarations are accurate and camplete; b. Those statements are �ased upvn representations you made to us; �. Ws ha�e issued this policy in refiance upon your representatians; and d. This policy is �oid in any case of fraud by you as it relates tv this policy or any claim under this policy. We wifl not �eny coverage under this coverage part if you unintentionally fail to disclose aff hazards existing as of the inception date of this policy. You must report to us any knowledge of an error or omissivn in the description of any premises or operations intended to be covered by the Coverage Form as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or nonrenewal. 17. TRANSFER OF RIGHTS (BLANKET WAIVER OF SUBROGATtON) Paragraph 8. Transfer of Rights Of Recovery Against Others To Us is deleted and replaced with the following: Includes copyrighted material of Insurance Services Office, Inc. Page 8 of 9 CG 71 37 11 09 8. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. However, if the insured has waived rights to recover through a written contract, or if "your work" was commenced under a letter of intent or work order, subject to a subsequent reduction to writing with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this Coverage Form. 18. MOBILE EQUIPMENT REDEFINED Under SECTION V- DEFINITIONS, paragraph 12. "Mobile equipmenY', paragraph f. (1) does not apply to self- propelled vehicles of less than 1,000 pounds gross vehicle weight. 19. O�FINiTIONS 1. SECTI�N V— DEFINi�iQNS, paragraph 4. "Co�erage territory" is replaced by the fn!{owing definitiQn: "Ca�erage territory" means anywhere in the warld with respect to lia6ility arising out of "bodily injury," "properry damage," ar "personal and advertising injury," inclucling "persanal and ad�ertising injt�ry' offenses that take place through the Iroternet or similar electronic means of Communicat+on pro�ided the insured's respvn5ibility ta pay damages is determined in a 5ettlement to whiCh we agree or in a"suit" on the merits, in the United States of America (fnduding its territories and possessians}, Puerto Rica and Canada. 2. SECTION V— DEFINITIDNS is amended by tf�e addition of the foffowing de�initions: "Covered recail" rrteans a recall made necessary because you ar a ga�ernment body has determined that a known pr suspected defect, deficiency, inadequacy, ar dangerous condition in `your product" has resulted or will result in "badily injur}�' or "property damage", "Product Reeall expenses" mean nnly reasanable and necessary extra �osts, whiet� result from or are related to ihe recall ❑r withdrawal of'your produ�t" far: a. TelephQne and telegraphic communication, radia or tele�ision announcements, Gomputer time and newspaper ad�ertising; b. 5tatianery, en�elopes, producti�n of announcements and p�5tage or facsimil�s; �. Remunerativn p�id to regular em�loyees for necessary a�ertirne ar authorized travel expense; d. �emporary hiring by you ar by agents designated by you af persons, other than your regular employees, to perForm necessary tasks; e. Rental af necessary additional warehouse or storage space; f. Paekaging of or transpartation ar shipping of defe�ti�e produds to the IaGation yo� designate: and g. Disposa! of "your products" that cannat be reused. Disposal expenses dv not include: {1} Expenses that exceed the original cast Qf the materials incurred to manufacture car pro�ess such product; and [2) Expenses that exceed the �ost af normal trash dis�arding or disposal, except as are ne�essary to a�aid "badily injury" or "property damage". "Specific Perils" means fire; lightning; explosian; windstorm or hail; smoke; aircraft ar �ehi�les; rivt or civil commotion; �andalism; leakage fram fire extinguishing equipment; weight of snow, ice or sleet; or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance cantaining water or steam. "Work contract" means a written agreement between you and one or more parties for work to be perFormed by you or on your behalf. In�ludes copyrighted material of Insurance Services Office, Inc. CG 71 37 11 09 Page 9 of 9 Bond No. SU 1167489 006213-1 PERFORMANCE BOND Page 1 of 3 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 00 6213 PERFORMCLNCE BOND THE 5TATE OF TEXAS § § COUNTY OF TARRANT § That we, FCL Builders Texas, LLC KNOW ALL BY THESE FRESENTS: known as "Principal" herein and Arch Insurance CompanY _ , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Lineage Logistics Holdings, LLC, authorized to do business in Texas ("Developer"} and the City of Fort Worth, a Texas municipal corporation ("Ciry"), in the penal sum of, ei�ty tbousand seven hundred sevent,y ei; ht Dollars ($80,778), lawful money of the United States, to be paid in Fort Worth, Tarrant Counry, Texas for the payment of which sum well and truly to be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executars, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the consiruction of community faeilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number 20-0124; and WHEREAS, the Principal has entered into a certain written contract with the Developer awarded the 8th day of �anuary � 2p 21, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as Left Turn Lane to Serve 8200 Will Rogers Blvd NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Chders, under the Contxact, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the Developer andlor City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. C1TY OF FORT VVORTH STANDARD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS Re��ised January 31, 2012 i,eft Turn Lane to Sen e R200 Will Rogers CPN 102866 006213-Z PERFORMANCEBOND Page 2 of 3 1 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 2 Tarrant County, Texas or the United States District Court for the Narthern District of Texas> Fort 3 Worth Division. 4 5 6 7 8 9 10 11 l2 13 14 15 16 17 �g 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 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond sha11 be determined in accordance with the provisions of said staxue. IN WITNESS WHEREOF, the Principal and the Surety have SiGNED and SEALED this instrument by duly authorized agents and officers on this the 8th day of January ,2021 . ATTEST: (Principal) Secretary Witness as to Principal ��3� .� Witness as to Surery Hina Azam PRINCIPAL: FCL Builders Texas, LLC BY��"-:. �- ,� �'4 Signature �, � sc_v � l� `. c-e�a-� 5 cCJ�e,�,� � ��� �9'3me and Title Address: 2401 East Randol Mill Road Suite 150, Arlington, T)C 76011 SURETY: Arch Insurance Company � � BY: " Si�tr�tur William Reidinger, Attorney-in-Fact Name and Title Address: Harborside 3 210 Hudson Street, Suite 300 lersey City, NJ 07311 Telephone Number: 2Q1-743-4000 *Nate: 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 obli�ation. If Surery's physical address is different from its mailing address, both must be provided. C1TY OF FORT WORTH STANDARD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 Left Turn Lane to Sen�e $200 Will Rogers CPN 102866 006213-3 PERFORMANCE BOND Page 3 of 3 The date of the bond shall not be prior to the date the Contract is awarded. C1TY OF FORT WORTH Left Turn Lane to Serve R200 Will Rogers STANDARD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 102866 Revised January 31, 2412 State of . . . Illinois . . . . . . . . . . . . . . . . . . COLll1� Of .DuPage . ... ...... ... ........ ss.: On this g� .. ... ......day of. J�??u�x... ... ...2021.., before me Surety personally appeared. . . .w. .i11��,Re�d�n�er . . . . . . . . . . . . . . . ., to be kriOWri, Gompany Act�oWiea�e�: whom being by me duly sworn, did depose and say: that he/she resides at... . Schaumburg, ll. .... ... ... ... ... ... ... ... ... ... ....... ... ... ... ... ... ... ..., that he/she is the. Attornev In Fact ..... ..� f... Arch Insurance company �. _... .��e corporation described in and which executed the annexed instrument; that he/she knows the corporate seal af sa.id corporation that the seal affixed to said inshument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; that he/she signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. . . . ... . �1� .}.� � . .. .. . . .. . . . ... . . . . .. . . . .. . . .. . . . .. �, Not�G Pu� ic in and for the above County and State. pFFIC1�►- �p�y ,C�� +1P,L� � 1�NptiS . . . 07/24/2023 My commission expires ... ... ... ... ... ... .. . .. _ ... . .. ... NOtARY pM SS►OPti EXPIRES•.07�'�3 MY �� - SURPATH 2O17 This Power of Attorney limits fhe acts of those named herein, a»af they have no authority to bind the Company except in the manner and to ihe extent herein stated Nof valid t'or Nofe, Loan, Le#er of Credif, Carrency Rate, Inferest Rate or Residential Value Guaranfees. POWER OF ATTORNEY KnowAll Persons By'These Presents: That the Arch lnsurance Company, a corporafion organized and existing under the laws of fhe State of Missouri, having its principal administrative o�ce in Jersey City, New Jersey (hereInafter referred to as the "Company") does hereby appoint: William Reidinger its true and lawful Attomey in-Fact, to make, execute, seai, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and ail bonds, undertakings, recogniaances and other surety obligations. Surety Bond Number. SU 1167489-0000 Principal: FCL Builders Texas, LLC Obligee: Lineage Logistics Holdings, LLC & City of Forth Worth This authority does not permit the same obligation to he split info fwo or more bonds In order to hring each such bond within the d�11ar limit of authoriiy as set farth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance oithese presents shall be as binding upon fhe said Company as futly and amply to all intents and purposes, as if the same had been duly executed and acknowtedged by its regularly elected offioers at its principal administrative office in Jersey City, New Jersey. This Power of Attomey is execufed by authority of resolutions adopfed by unanimous consent of the Board af Direciors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the underslgned Secretary as being in full force and effect: "VOTED, That fhe Chairman of fhe Board, the President, or the Executive Vice President, ar any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and fled with the Secretary, or the Secretary sha11 have fhe power and authority to appoint agents and attorneys-in-fact, and ta authorize them subJect to the limitations set forth in fheir respective powers of attomey, to execute on behaff of fhe Company, and attach the seal of the Company thereto, bands, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." Thls Power of Attorney Is signed; sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board af Direcfors of the Company on September 75, 2011: VOTED, That the signature of the Chairman of fhe Board, the President, or the Executive Vice President, or any Senior �ce President, of the Surety Business Divis3on, or the[r appaintees designated in writing and filed with the Secretary, and fhe signafure of the Secrefary, the seal of the Company, and certifications by the.5ecretary, may be a�xed by facsimile on any power of attorney or bond execufed pursuant fo the resolution adapted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOML.OQ13 00 03 03 Page 1 of 2 Printed in U.S.A. SURPATH 2O17 In Testimony Whereof, fhe Campany has caused this instrument to be signed and its corporate seat to be affixed by their authorized officers, this 28th day of September 2017 Attested and Certified �r 4� �� s� 1911 � Missouri � Arch Insurance Company �, ��,,�� � I Kr � � -� ., Patrick K. Nai(s, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS �� � �� � David M. Finkelstein, Execufive Vice Presideni I, Michele'�ripodi, a Notary Public, do hereby certify that PaMick K. Naifs anci David M. Finkelstein personally known to me to be the same .persons whose names are respeciively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the Iaws of the State of Missouri, subscribed to the foregoing instrument, appeared before me tE�is day in person and severally acknowledged that fhey being thereunto duly authorized signed, sealed with the corporate seal and delivered the said insfrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein setforth. co�aMaAtw�.rt�t o� �vsvt.v,triu HOTARIAL SfJll J.IICHAETRIP001. Nataryp�llc tftyatPhAadeiph�a. Phila. Ga�mty My Conussission �itp�esJu[y 3t.30I1 CERi1FICATION ' * � �..r� . � � Miche(e Tripodi, Notary Public My cammission expires 07l31J2021 l, PatrIck K. Nails , Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated September 28. 2017 on behalf of the person(s) as listed above is a true and correct copy and thai the same has been in full force anc! effect since the date thereof and is in full force and effect on the date of this cert�cate; and t do further certify that ihe said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the atfached Power of Atforney the duly elecfed Executive Vice President of the Arch Insurance Company. fN TESTIMONY WHEREOF, I have t�ereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 8th dayof, January �, 2021 � Ii � ���i/ ` �� i I Patrick K. Naifs, Secretary This Power of Attorney limits the acts of those rtamed therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES R.ELATiNG TO THIS BOWD TO THE FOLLOWING ADDRESS: Arch Insurance -- S�rety Division 3 Parkway, Suite 1500 Philadelphia, PA 19102 .°�'r `� ao�n� a� �r� OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. SU 1'1674$9-000� 1 2 3 4 5 6 7 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 62 l4 PAYMENT BOND 006214-1 PAYMENT SOND Page 1 of 2 § § KNOW ALL BY TRESE PRESENTS: § 8 That we, FCL Builders Texas, LLC _ , known as 9 "Principal" herein, and Arch Insurance Company , a 10 corporate surety ( or sureties if more than one), duly authorized to do business in the State of 11 12 13 14 15 16 17 18 19 20 21 22 23 Texas, known as "Surety" herein (whether one or more), are held and firxnly bound unto the Developer, Lineage Logistics Holdings, LLC , authorized to do business in Texas "(Developer"), and the City of Fort Worth, a Texas municipal corporation ("City'.'), in the penal sum of ei h thousand seven hundred seventy ei�ht Dollars ($80,778), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the paytnent of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firtnly by these presents: WHEREAS, Developer and City have entered into an Agreement for the construction of coinmunity facilities in the City of Fort Worth, by and through a Community Facilities Agreement, CFA Number 20-0124; and WHEREAS, Principal has entered into a certain written Contract with Developer, awarded the 8th day of January _, 20 21 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment, labor and other accessories as defined by law, in the prosecution of the 25 Work as provided for in said Contract and designated as Left Turn Lane to Serve 8200 Will 26 Ro�ers Blvd 27 28 29 30 31 NOW, THEREFORE, THE CONDITION OF THiS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as ainended) in the prosecution af the Work under the Contract, then this obligation shall be and become nult and void; otherwise to remain in full force and effect. C1TY OF FORT WORTH STANDARD C1TY CONDITION S- DEV ELOPER AWARDED PROJECTS Revised January 31, 2012 l,eft Turn Lane.to Sen�e 820d Will Rogers CPN 102A66 006214-2 PAYMENT BOND Page 2 of 2 1 2 3 4 5 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrurnent by duly authorized agents and officers on this the 8th day of 6 January , 20 21 7 ATTEST: (Principal} Secretar� � n � j t-i� � . c ��. � � � `--�! �rtness as to Principal ATTEST: PRINCIPAL: FCL Builders Texas, LLC B '• � Signature i 4c's-�t�U �5 � � �Q �ct�5 �C�e�v�" Name and Title Address: 2401 East Randol Mill Road, Suite 150 Arlington, TX 76011 SURETY: Arch Insurance Company _ �_ BY: r� - �" Signature William Reidinger, Attorney-in-Fact Name and Title . �� . ���,--� Witness as to SuretyHina Azam 8 9 10 11 12 13 14 Address: Harborside 3, 210 Hudson Street Suite 300 Jersey City, NJ 07311 Telephone Number: 201-743-4000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION C1TY OF FORT 14'ORTH L.eft Turn Lane to Serve 8200 Will Rogers STANDARD C1TY CONDITIONS -DEVELOPERAWARDED PROJECTS CPN 102866 Revised January 31, 2012 State of . . , Illinois County Of .DuPage . ... ...... ...... ..... ss.. On this g� .. ... . . . ...day of. JanuarX, . , . . . . . .2021.., before me Surety personally appeared. . . w�11��,Reidineer, , , , , , , , , , , , , , , , � to be known, Company A��owied�e�: whom being by me duly sworn, did depose and say: that he/she resides at... . Schaumbur�. IL ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ......, that he/she is the. �ttornev In Fact . . .. . ..o f. , . .Arch Insura.nce : . Company .,,.� the corporation described in and which executed the annexed instrument; that he/she knows the corporate seal of said corporation that the seal af�xed to said instrument is such corporate seal; that it was so affixed by order of the Board of Direc"tors of sa.id corporation; �liat he/she signed his/ller name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. �^'�'`���c�p�.s� JC�� HP►�� "No�s NOSARY PU6lIC ' SEXPIRES'A1�a�'3 �� CON��ISSION . . . . . . . . . �.: . . . � :-� . . . . . . . . . . . . . . . . . . . . . . . .. No _ blic in and for the above County and State. 07/24/2023 My commission eXpires ... ...... ... ... ... ... ...... ... ... SURPATH 2O17 7hls Power of Attorney fimits the acts of fhose named herein, and they have no authority to bind fhe Company except in the manner and to the extent herein stafed. Not valid for Note, Loan, Lefter of Cre�f, Currency Rate, lnteresf Rate or Residenfial Value Guararrfees. POWER OF ATTORNEY Know Ali Persons By These Presents: That the Arch Insurance Company, a c�rporafion organized and existing under the laws of the Staie of Missouri, having its principal administrative affice in Jersey City, New Je�sey (tiereinaRer referred to as tF�e "Company") does hereby appoint: William Reidinger its true and lawful Attomey-in-Fact, to make, execute, seai, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds. undertakings, recognizances and oiher surety obligations. Surety Bond Number. SU 1167489-0000 Principal: FCL Builders Texas, LLC Obligee: Lineage Logistics Holdings, LLC & City of Forth Worth Thls authority does not permit the same obligation to be spfit into two or more bonds In order to bring each such bond within the dollar timit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and ofher surety obligations in pursuance ofthese presents shall be as binding upon the said Company as fuliy and amply to al1 intents and purposes, as if the same had been dufy executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Aifomey [s executed by authority of resotutions adopted by unanimous consent of the Board of Directors of fhe Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the underslgned Secretary as being in full force and effec� "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President; of the 5urety Business Division, or their appointees designated in writing and fited with the Secretary, er the Secretary sha11 have the power and authority to appoint agents and attomeys-in fact, and to authorize them subject to the limitations sef forth in their respective powers of attorney, to execute on behaff of the Company, and attach the seal of fhe Company thereto, bonds, undertakings, recognlzances and other surety obligations o6ligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." 7his Power af Attorney is signed, sealed and certified by facsimile under and by aufhoriiy of the following resotution adopted by the unanimous consent of the Board of D3rectors of the Company on September 'I �, 2011: VOTED, That the signature of fhe Chairman of the Board, the President, or the Executive �ce President, or any Senior �ce President, of the Surety Business Division, or their appointees designated in writing and filed with ihe Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attomey or bond executed pursuant to the resolution adopted by the Board of Directors on Ssptember 15, 2011, and any such power so executed, sealed and certified with respect fo any bond ar undertaking to which it is attached, shalf continue to be valid and binding upon the Company. OOML0013 0� 03 03 Page 1 of 2 Printed in U.S.A. SURPATH 2O�.7 In Testimony Whereof; the Company has caused this instrument to be signed and its corporate seaf to be affixed by their authorized officers, tf�is 28th day of Se tember 2017 Attested and CerGfted �r �� Q08f�C)AAtE SFAL 1411 �%�ISSOIf(i / Arch Insurance Company / �r �r � / �� � � rr � r f Patrick K. Nails, Secretary STATE OF PENNSYLVAIVIA SS COUN7Y OF PHILADELPHIA SS ��� � � • "'• ��~ David M. Finkelstein, Executive Vice President I, Michele Trlpodi, a Notary Public, do hereby certify that Patrick K. Naits and David M. Finkelstein personaliy {cnown to me to be the same persons whose names are respecfively as Secretary and Executive Vice Presideni of the Arch Insurance Company, a Corporation organized and existing under the laws of the Sfafe of Missouri, subscribed to the ioregoing instrument, appeared before me this day in person and severally acknowledged that fhey being fhereunto duly authorized signed, seaied with the corporate seal and delivered the said instrument as the fcee and voluntary act of said corporation and as their own free and voluntary acts for the uses and purpases therein set forth. coraMat�w�rfc a� �wvsv�vari iw HOTAtUAt SfAI J'AICHAE 7RIPOUI.I�OL3ry Pi�llC CftyatPhpadetphia. Phila. Gdmty �!I ConuniQion �!tes JutY 3J. ZOI3 CERTIF1CA710N � � � `..-� ! /dt� � Michele Tripodi, Notary Pubifc My commission expires 07l3112021 l, PatrIck K. Nai1s , Secretary of the Arch insurance Company, do hereby certify that the attached Power of Attorney dated 5eatember 28. 2017 on behalf of the person(s) as listed abo�e is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and 1 do further certify that the said David M. Finkelstein, who execufed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Atforney the duly efecfed Executive Vice President of the Arch Insurance Company. IN TEST[MONY WHEREOF, I hava hereunto subscribed my name and affixed the corporate seai of the Arch Insurance Company on this 8th day of January , 2021 r /1# ��f'l � �+�x r Patrick K. Naiis, Secretary This Power of Attomey limits the acts of tEiose named therein fo the bonds and undertakings specificaily named therein and they have no authority to bind the Company except in the manner and to #he extent herein stated. PLEASE SEND ALL CLA[M INQUIRIES R.ELATING TO THIS BOND TO THE FOLLOWING AbDRESS: Arch Insurance -- Surety Division 3 Parkway� Saite 1500 Phitadelphia, PA 79102 �" `a aounos�� a� �� \ Mi:aourf / QOML003.3 00 03 03 Page 2 of Z Printed in U.S.A. Bor�d No. SU 11674890-0000 1 2 3 4 5 6 7 THE STATE OF TEXAS C�UNTY OF TARRANT SECTION 00 62 ]9 MAINTENANCE BOND 006219-1 MAINTENANCE BOND Page 1 of 3 § § KNOW ALL BY THESE PRESENTS: § 8 That we_ FCL Builders Texas, LLC , known as 9 "Principal" herein and Arch Insurance Company _ , a corporate surety 10 {sureties, if more than one} duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and fumly bound unto the Developer, Lineage ] 2 Logistics Holdings, LLC, authorized to do business in Texas ("Developer") and the City of Fort 13 Worth, a Texas municipal corporation ("City"), in the sum of ei;hty thousand seven hundred 14 seventy eieht Dollars {$80,778), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum we11 and tntly be �nade jointly unto the l 6 Developer and the City as dual obligees and their suceessors, we bind ourselves, our heirs, 17 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 18 19 WHEREAS, Develaper and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities 21 Agreement, CFA Number 20-0124; and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer 23 awarded the 8th day of January _ ., 20 21 , which 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 27 28 29 30 31 32 33 34 Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said Contract and designated as Left Turn Lane to Serve 8200 Will Rogers Blvd; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two {2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CiTY OF FORT V1%ORTH STANDARD C1TY CONDITIONS— DEVELOPI�.It AWARDED PROJECTS Revised January 31, 2012 Left Turn Lane to Sen�e 8200 Will Rogers CPN 102866 006219-2 MAINTENANCE BOND Page 2 of 3 1 WAEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any titne within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condirion of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfactory to the City, then this obligation shall become null and void; otherwise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 1 l noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired andlor reconstructed with all associated costs thereof being bome 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in lb Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 �� CITY OF FQRT W'ORTH i.eft Turn Lane to Serve 8200 Will Rogers STANDARD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 102866 Revised January 31, 2012 �)0 62 19 - 3 MATNTENANCE BOND Page 3 of 3 i IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the gth day of �anuary 3 , 20 21 4 5 PRINCiPAL: 6 ' FCL Builders Texas, LLC 7 8 � 9 BY: _�� .--�---r�s 1 Q Signature 11 ATTEST: 13 _ �ac-c`��.u✓`v5 V :tt�s��� 14 (Principal) Secretary -''�r�ie and Title 15 16 „ r Address: 2401 East Randol Mill Road, ] 7 C;'� ,' ;� �' Suite 150 18 �' ` '.�-,[ Arlington, TX 76011 19 � �`� -: 20 ' it-- 1'C nr ess as-t{i Princi al � P 21 SURETY: 22 Arch Insurance Company 23 24 - - r-� � 25 BY: �� 2b 'r �ig re 27 28 Willaim Reidinger, Attorney-in-Fact 29 AT'TEST: Name and Title 30 31 Address: Harborside 3, 210 Hudson Street 32 Suite 300 33 �, �; Jersey City, NJ 07311 34 �� _ ��_ 35 Witness as to Surety Hina Azam Telephone Number: 201-743-4000 3b 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 C1TY OF FOKT V�'ORTH Left Turn Lane to 5erve 8200 Wil] Rogers STANDARD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 102866 Revised January 31, 2012 . State of . . , Illinois . . . . . . . . . . . . . . . . . . County of .�age . ...... ... ........... ss.: On this g�'. . . . . . . . . ...day of. Januarx , , , , , , , , , 2021.., before me s'�ery personally appeared. . . William,Reidin�er . . . . . . . . . . . . . . . ., to be known, company ac�►owiea�e�: whom being by me duly sworn, did depose and say: that he/she resides at... . Schaumburg. IL... ... .... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....... that he/she is the . Attornev In Fact .._._.. o f. .. Arch Insurance Company . ,,,,� the corporation described in and which executed the annexed instrument; that he/she knows the corporate seal of sa.id corporation that the seal affixed to said instrument is such corporate seal; that �it was so affixed by order of the Board of Directors of said corporation; that he/she signed his/her name thereto by like order; and that the liabilities of said corporation do not exceed its assets as ascertained in the manner provided by law. OFFICIAL SEAI. JCSEPH HALLERAN NMY COMN►►SSION � RES:07124123 �� .��f------ Notary �blic in and for the above County and State. 07/24/2023 My commission eacpires ... ... ... ... ... ... ... ...... ... ... SURPATH 2O17 � his Power of Attorney Ifmlts fhe acts of those named hereFn, and they have no authorrty to bind the Company except in ihe manner and fo the extent herein stafed. Not valid for Note, Loan, Letfer of Credif, Curre�cy Rate, /nferesf Rate or Residenfial Value Guaranfees. POWER OF ATTORNEY Know Ali Persons By These Presents: That the Arch Insurance Company, a c�rporatioR organized and existing under the laws of the State of Mtssouri, having its principal administrative affice in Jersey City, New Jersey (hereinaRer referred to as tE�e "Compa�y") does hereby appoint: William Reidinger its true and lawful Attomey-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations. Surety Bond Number. SU 1167489-0000 Principal: FCL Builders Texas, LLC Ob[igee: Lineage Logistics Holdings, LLC & City of Forth Worth This authority does nat permit the same obligation to be spfit Into iwo or more bonds In order to bring each such bond within the dallar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shalE be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been du[y executed and acknowtedged by its regularly elected officers at its principal administrative office in Jersey City, IVew Jersey. This Power of Attomey is executed by authority of resotutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2019, true and accurate copies of which are hereinafter set fo►th and are hereby certified to by the undersigned SecceEary as being in full force and ef€ect: "VOTED, That the Chairman of fhe Board, the President, or the Executive Vice President, or any Seniar Vice President, of fhe Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary sha11 have the power and authority to appoint agents and attomeys-in-fact, and to authorize them subject to the limitations set forfh in their respective powers of attomey, to execute on 6ehalf of the Company, and attach the seal of ihe Company thereto, bonds, undertakings, recognizances and other surety obliga#ions obligatory in the nature thereof, and any such offcers of the Company may appoint agents for acceptance of process " ThiS Power of Attomey is signed, seafed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive �ce President, or any Senior Yce Presidenf, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant fo the resolution adopted by the Board of Directors on September 95, 2011, and any such power so executed, sealed and certified with respect to any bond or underiaking to which it is attached, shall continue fo be valid and binding upon the Company. OOML0013 00 03 03 Page 1 of 2 Printed in U.S.A. SURPATH 2O17 In Testimany Whereof. the Company has caused this instrument to be signed and its corporate sea( to be affixed by their authorized �;ficers, this 28th day ot September 2017 � Attested and Certifled �r- 4� v dOR�AAtE SfAi. 19J1 � Missouri � Arch Insurance Company � � � � � � � �, / '"r � f f Patrlck K. lVai[s, Secretary STATE OF PENNSYLVANIA S5 COUNTY OF PHILADELPNIA SS � �� � r�.-�-� David M. Finkelstein, Executive Vice President I, Michele Tripodi, a Notary Public, do hereby certify that PaUick K. Nails and David M. Finkelstein personally known to me io be the same persons whose names are respective(y as Secretary and Executive Vice Presidenf of the Arch Insurance Company, a Co�poration organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said insfrument as the free and voluntary act of said corporation and as their own free and voluntary acts ior the uses and purposes therein set forth. eoeaMOAtw�u.r}t a� �uusv�vnriu worxxrat s�a� MtC8ELE7RIP0Uf. HoLaryPdbllC CityatPhqadctph4�.Ph�ta. �ounty 6ty[crnmissio� Er.�xesh�I 3l.2021 CERTIFICAI'ION * � �....� � � � Michele Tripodi, Notary Public My commission expires 07/31/2021 f, PatrIcK K. Nails , Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated September 28. 2017 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of #his certificate; and I do further certify that the said David M. Finkefstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attacfled Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, t have hereunto subscribed my name and affixed the corparate seat of the Arch Insurance Company on this 8th day of January ; 2021 � ri #� � � �i � � +�� i i Patrick K. Naifs, Secretary This Power of Attorney limits the acts of those named thereir� to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner arsd to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES R.ELATING TO THIS BOWD TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Saite �1500 Philadelphia, PA '19102 ,�►"" `fl � . �� a� ��e � Missaurt � �OML0013 00 03 03 Page 2 of 2 Printed in U.S.A. CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 STANDARD CITY CONDITIONS OF THE CONSTRUCTION CONTRACT FOR DEVELOPER AWARDED PROJECTS TABLE OF CONTENTS Page Article 1 – Definitions and Terminology .......................................................................................................... 1  1.01 Defined Terms ............................................................................................................................... 1  1.02 Terminology .................................................................................................................................. 5  Article 2 – Preliminary Matters ......................................................................................................................... 6  2.01 Before Starting Construction ........................................................................................................ 6  2.02 Preconstruction Conference .......................................................................................................... 6  2.03 Public Meeting .............................................................................................................................. 6  Article 3 – Contract Documents and Amending ............................................................................................... 6  3.01 Reference Standards ..................................................................................................................... 6  3.02 Amending and Supplementing Contract Documents .................................................................. 6  Article 4 – Bonds and Insurance ....................................................................................................................... 7  4.01 Licensed Sureties and Insurers ..................................................................................................... 7  4.02 Performance, Payment, and Maintenance Bonds ........................................................................ 7  4.03 Certificates of Insurance ............................................................................................................... 7  4.04 Contractor’s Insurance .................................................................................................................. 9  4.05 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 12  Article 5 – Contractor’s Responsibilities ........................................................................................................ 12  5.01 Supervision and Superintendent ................................................................................................. 12  5.02 Labor; Working Hours ................................................................................................................ 13  5.03 Services, Materials, and Equipment ........................................................................................... 13  5.04 Project Schedule .......................................................................................................................... 14  5.05 Substitutes and “Or-Equals” ....................................................................................................... 14  5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) ..................................... 16  5.07 Concerning Subcontractors, Suppliers, and Others ................................................................... 16  5.08 Wage Rates.................................................................................................................................. 18  5.09 Patent Fees and Royalties ........................................................................................................... 19  5.10 Laws and Regulations ................................................................................................................. 19  5.11 Use of Site and Other Areas ....................................................................................................... 19  5.12 Record Documents ...................................................................................................................... 20  5.13 Safety and Protection .................................................................................................................. 21  5.14 Safety Representative ................................................................................................................. 21  5.15 Hazard Communication Programs ............................................................................................. 22  5.16 Submittals .................................................................................................................................... 22  5.17 Contractor’s General Warranty and Guarantee .......................................................................... 23  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.18 Indemnification ........................................................................................................................... 24  5.19 Delegation of Professional Design Services .............................................................................. 24  5.20 Right to Audit: ............................................................................................................................ 25  5.21 Nondiscrimination....................................................................................................................... 25  Article 6 – Other Work at the Site ................................................................................................................... 26  6.01 Related Work at Site ................................................................................................................... 26  Article 7 – City’s Responsibilities................................................................................................................... 26  7.01 Inspections, Tests, and Approvals .............................................................................................. 26  7.02 Limitations on City’s Responsibilities ....................................................................................... 26  7.03 Compliance with Safety Program ............................................................................................... 27  Article 8 – City’s Observation Status During Construction ........................................................................... 27  8.01 City’s Project Representative ..................................................................................................... 27  8.02 Authorized Variations in Work .................................................................................................. 27  8.03 Rejecting Defective Work .......................................................................................................... 27  8.04 Determinations for Work Performed .......................................................................................... 28  Article 9 – Changes in the Work ..................................................................................................................... 28  9.01 Authorized Changes in the Work ............................................................................................... 28  9.02 Notification to Surety .................................................................................................................. 28  Article 10 – Change of Contract Price; Change of Contract Time ................................................................ 28  10.01 Change of Contract Price ............................................................................................................ 28  10.02 Change of Contract Time............................................................................................................ 28  10.03 Delays .......................................................................................................................................... 28  Article 11 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 29  11.01 Notice of Defects ........................................................................................................................ 29  11.02 Access to Work ........................................................................................................................... 29  11.03 Tests and Inspections .................................................................................................................. 29  11.04 Uncovering Work ....................................................................................................................... 30  11.05 City May Stop the Work ............................................................................................................. 30  11.06 Correction or Removal of Defective Work ................................................................................ 30  11.07 Correction Period ........................................................................................................................ 30  11.08 City May Correct Defective Work ............................................................................................. 31  Article 12 – Completion .................................................................................................................................. 32  12.01 Contractor’s Warranty of Title ................................................................................................... 32  12.02 Partial Utilization ........................................................................................................................ 32  12.03 Final Inspection ........................................................................................................................... 32  12.04 Final Acceptance ......................................................................................................................... 33  Article 13 – Suspension of Work .................................................................................................................... 33  13.01 City May Suspend Work ............................................................................................................ 33  Article 14 – Miscellaneous .............................................................................................................................. 34  14.01 Giving Notice .............................................................................................................................. 34  CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.02 Computation of Times ................................................................................................................ 34  14.03 Cumulative Remedies ................................................................................................................. 34  14.04 Survival of Obligations ............................................................................................................... 35  14.05 Headings ...................................................................................................................................... 35  00 73 10- 1 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 1 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Agreement - The written instrument which is evidence of the agreement between Developer and Contractor covering the Work 2. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 3. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 4. Buzzsaw – City’s on-line, electronic document management and collaboration system. 5. Calendar Day – A day consisting of 24 hours measured from midnight to the next midnight. 6. City— The City of Fort Worth, Texas, a Texas home-rule municipal corporation, acting by, its governing body through its City Manager, his designee, or agents authorized pursuant to its duly authorized charter on his behalf. 7. Community Facilities Agreement (CFA) -–A Contract between the Developer and the City for the Construction of one or more following public facilities within the City public right-of- way or easement: Water, Sanitary Sewer, Street, Storm Drain, Street Light, and Street Signs. A CFA may include private facilities within the right-of-way dedicated as private right-of- way or easement on a recorded plat. 8. Contract—The entire and integrated written document incorporating the Contract Documents between the Developer, Contractor, and/or City concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 9. Contract Documents—Those items that make up the contract and which must include the Agreement, and it’s attachments such as standard construction specifications, standard City Conditions, other general conditions of the Developer, including: a. An Agreement 00 73 10- 2 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 2 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 b. Attachments to the Agreement i. Bid Form ii. Vendor Compliance with State Law Non-Resident Bidder iii. Prequalification Statement c. Current Prevailing Wage Rates Table (if required by City) d. Insurance Accord Form e. Payment Bond f. Performance Bond g. Maintenance Bond h. Power of Attorney for Bonds i. Workers Compensation Affidavit j. MWBE Commitment Form( If required by City) k. General Conditions l. Supplementary Conditions m. The Standard City Conditions n. Specifications specifically made part of the Contract Documents by attachment, if not attached, as incorporated by reference and described in the Table of Contents of the Project’s Contract Documents o. Drawings p. Documentation submitted by contractor prior to Notice of Award. q. The following which may be delivered or issued after the effective date if the Agreement and, if issued become an incorporated part of the Contract Documents i. Notice to Proceed ii. Field Orders iii. Change Orders iv. Letters of Final Acceptance r. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor—The individual or entity with whom Developer has entered into the Agreement. 11. Day or day – A day, unless otherwise defined, shall mean a Calendar Day. 12. Developer – An individual or entity that desires to make certain improvements within the City of Fort Worth 13. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 14. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the Developer. 15. Final Acceptance – The written notice given by the City to the Developer and/or Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 00 73 10- 3 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 3 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 16. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 17. General Requirements—A part of the Contract Documents between the Developer and a Contractor. 18. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 19. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 20. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 21. Non-Participating Change Order—A document, which is prepared for and reviewed by the City, which is signed by Contractor, and Developer, and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 22. Participating Change Order—A document, which is prepared for and approved by the City, which is signed by Contractor, Developer, and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 23. Plans – See definition of Drawings. 24. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Time. 25. Project—The Work to be performed under the Contract Documents. 26. Project Representative—The authorized representative of the City who will be assigned to the Site. 27. Public Meeting – An announced meeting conducted by the Developer to facilitate public participation and to assist the public in gaining an informed view of the Project. 28. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 29. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 00 73 10- 4 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 4 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 30. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 31. Site—Lands or areas indicated in the Contract Documents as being furnished by City or Developer upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City or Developer which are designated for the use of Contractor. 32. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 33. Standard City Conditions – That part of the Contract Documents setting forth requirements of the City. 34. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 35. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 36. Superintendent – The representative of the Contractor who is available at all times and able to receive instructions from the City and/or Developer and to act for the Contractor. 37. Supplementary Conditions—That part of the Contract Documents which amends or supplements the General Conditions. 38. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 39. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 40. Weekend Working Hours – Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 00 73 10- 5 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 5 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 41. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Participating Change Order, Non-Participating Change Order, or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 42. Working Day – A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through D are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Defective: 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City’s written acceptance. C. Furnish, Install, Perform, Provide: 1. The word “Furnish” or the word “Install” or the word “Perform” or the word “Provide” or the word “Supply,” or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. D. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. 00 73 10- 6 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 6 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 2 – PRELIMINARY MATTERS 2.01 Before Starting Construction Baseline Schedules: Submit to City in accordance with the Contract Documents, and prior to starting the Work. New schedules will be submitted to City when Participating Change Orders or Non- Participating Change Orders occur. 2.02 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.03 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. ARTICLE 3 – CONTRACT DOCUMENTS AND AMENDING 3.01 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.02 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Participating Change Order or a Non-Participating Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 00 73 10- 7 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 7 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. City’s or Engineer’s review of a Submittal (subject to the provisions of Paragraph 5.16.C); or 2. City’s written interpretation or clarification. ARTICLE 4 – BONDS AND INSURANCE 4.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverage so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided Section 4.04. 4.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds in the name of Developer and City, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor’s obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in the name of Developer and City in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies” as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 4.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 4.01 and 4.02.C. 4.03 Certificates of Insurance Contractor shall deliver to Developer and City, with copies to each additional insured and loss payee identified in these Standard City Conditions certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 00 73 10- 8 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 8 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. The certificate of insurance shall document the City, an as “Additional Insured” on all liability policies. 2. The Contractor’s general liability insurance shall include a, “per project” or “per location”, endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers’ compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in these Standard City Conditions. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such lines of insurance coverage. 6. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 7. Unless otherwise stated, all required insurance shall be written on the “occurrence basis”. If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 8. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 9. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In 00 73 10- 9 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 9 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 10. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first-dollar basis, must be acceptable to and approved by the City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage’s and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor’s insurance. 4.04 Contractor’s Insurance A. Workers Compensation and Employers’ Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers’ Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers’ Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance of the Work and Contractor’s other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers’ compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees. 3. The limits of liability for the insurance shall provide the following coverages for not less than the following amounts or greater where required by Laws and Regulations a. Statutory limits b. Employer's liability 00 73 10- 10 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 10 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $100,000 each accident/occurrence 2) $100,000 Disease - each employee 3) $500,000 Disease - policy limit B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. 1. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project 2. Contractor's Liability Insurance under this Section which shall be on a per project basis covering the Contractor with minimum limits of: a. $1,000,000 each occurrence b. $2,000,000 aggregate limit 3. The policy must have an endorsement (Amendment – Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site. 4. The Commercial General Liability Insurance policies shall provide “X”, “C”, and “U” coverage’s. Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. C. Automobile Liability. A commercial business auto policy shall provide coverage on “any auto”, defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. 1. Automobile Liability, Contractor’s Liability Insurance under this Section, which shall be in an amount not less than the following amounts: a. Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non-owned. 00 73 10- 11 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 11 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1) $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at least: 2) $250,000 Bodily Injury per person 3) $500,000 Bodily Injury per accident / 4) $100,000 Property Damage D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the following requirements: 1. The Contractor’s construction activities will require its employees, agents, subcontractors, equipment, and material deliveries to cross railroad properties and tracks owned and operated by: ____________________________________________________________ Write the name of the railroad company. (If none, then write none) 2. The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains or other property. Such operations on railroad properties may require that Contractor to execute a “Right of Entry Agreement” with the particular railroad company or companies involved, and to this end the Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute the right-of-entry (if any) required by a railroad company. The requirements specified herein likewise relate to the Contractor’s use of private and/or construction access roads crossing said railroad company’s properties. 3. The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide coverage for not less than the following amounts, issued by companies satisfactory to the City and to the Railroad Company for a term that continues for so long as the Contractor’s operations and work cross, occupy, or touch railroad property: a. General Aggregate: _____________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____________________________________ Enter limits provided by Railroad Company (If none, write none) 4. With respect to the above outlined insurance requirements, the following shall govern: a. Where a single railroad company is involved, the Contractor shall provide one insurance policy in the name of the railroad company. However, if more than one grade separation or at-grade crossing is affected by the Project at entirely separate locations on the line or lines of the same railroad company, separate coverage may be required, each in the amount stated above. b. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights-of- 00 73 10- 12 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 12 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. c. If, in addition to a grade separation or an at-grade crossing, other work or activity is proposed on a railroad company’s right-of-way at a location entirely separate from the grade separation or at-grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. d. If no grade separation is involved but other work is proposed on a railroad company’s right-of-way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. 5. No work or activities on a railroad company’s property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor’s beginning work. 6. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 4.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the Developer and City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the Developer or City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the Developer or City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 5 – CONTRACTOR’S RESPONSIBILITIES 5.01 Supervision and Superintendent A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the 00 73 10- 13 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 13 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor’s representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 5.02 Labor; Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City’s written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 5.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 00 73 10- 14 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 14 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 5.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.01 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.01 and the General Requirements) proposed adjustments in the Project Schedule. 2. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 9. Adjustments in Contract Time for projects with City participation shall be made by participating change orders. 5.05 Substitutes and “Or-Equals” A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or “or-equal” item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. “Or-Equal” Items: If in City’s sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an “or-equal” item, in which case review and approval of the proposed item may, in City’s sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 5.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 00 73 10- 15 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 15 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City’s sole discretion an item of material or equipment proposed by Contractor does not qualify as an “or-equal” item under Paragraph 5.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: 1) shall certify that the proposed substitute item will: i. perform adequately the functions and achieve the results called for by the general design; ii. be similar in substance to that specified; iii. be suited to the same use as that specified; and 2) will state: i. the extent, if any, to which the use of the proposed substitute item will prejudice Contractor’s achievement of final completion on time; ii. whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; iii. whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: i. all variations of the proposed substitute item from that specified; ii. available engineering, sales, maintenance, repair, and replacement services; and 00 73 10- 16 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 16 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City’s sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 5.05.A.2. C. City’s Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 5.05.A and 5.05.B. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No “or-equal” or substitute will be ordered, installed or utilized until City’s review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an “or-equal.” City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor’s expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City’s Cost Reimbursement: City will record City’s costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 5.05.A.2 and 5.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents. F. Contractor’s Expense: Contractor shall provide all data in support of any proposed substitute or “or-equal” at Contractor’s expense. G. Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Participating Change Order. 5.06 Pre-Qualification of Bidders (Prime Contractors and Subcontractors) A. The Contractor and any subcontractors are required to be prequalified for the work types requiring pre-qualification 5.07 Concerning Subcontractors, Suppliers, and Others A. Minority and Women Owned Business Enterprise Compliance: 00 73 10- 17 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 17 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Required for this Contract. (Check this box if there is any City Participation) Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00 - 1 DAP SUMMARY OF WORK Page 1 of 3 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102866 Revised December 20, 2012 SECTION 01 11 001 SUMMARY OF WORK2 PART 1 -GENERAL3 1.1 SUMMARY4 A.Section Includes:5 1.Summary of Work to be performed in accordance with the Contract Documents6 B.Deviations from this City of Fort Worth Standard Specification7 1. None.8 C.Related Specification Sections include, but are not necessarily limited to:9 1.Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract10 2.Division 1 - General Requirements11 1.2 PRICE AND PAYMENT PROCEDURES12 A.Measurement and Payment13 1.Work associated with this Item is considered subsidiary to the various items bid.14 No separate payment will be allowed for this Item.15 1.3 REFERENCES [NOT USED]16 1.4 ADMINISTRATIVE REQUIREMENTS17 A.Work Covered by Contract Documents18 1.Work is to include furnishing all labor, materials, and equipment, and performing19 all Work necessary for this construction project as detailed in the Drawings and20 Specifications.21 B.Subsidiary Work22 1.Any and all Work specifically governed by documentary requirements for the23 project, such as conditions imposed by the Drawings or Contract Documents in24 which no specific item for bid has been provided for in the Proposal and the item is25 not a typical unit bid item included on the standard bid item list, then the item shall26 be considered as a subsidiary item of Work, the cost of which shall be included in27 the price bid in the Proposal for various bid items.28 C.Use of Premises29 1.Coordinate uses of premises under direction of the City.30 2.Assume full responsibility for protection and safekeeping of materials and31 equipment stored on the Site.32 3.Use and occupy only portions of the public streets and alleys, or other public places33 or other rights-of-way as provided for in the ordinances of the City, as shown in the34 Contract Documents, or as may be specifically authorized in writing by the City.35 a.A reasonable amount of tools, materials, and equipment for construction36 purposes may be stored in such space, but no more than is necessary to avoid37 delay in the construction operations.38 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102866 Revised December 20, 2012 b.Excavated and waste materials shall be stored in such a way as not to interfere1 with the use of spaces that may be designated to be left free and unobstructed2 and so as not to inconvenience occupants of adjacent property.3 c.If the street is occupied by railroad tracks, the Work shall be carried on in such4 manner as not to interfere with the operation of the railroad.5 1)All Work shall be in accordance with railroad requirements set forth in6 Division 0 as well as the railroad permit.7 D.Work within Easements8 1.Do not enter upon private property for any purpose without having previously9 obtained permission from the owner of such property.10 2.Do not store equipment or material on private property unless and until the11 specified approval of the property owner has been secured in writing by the12 Contractor and a copy furnished to the City.13 3.Unless specifically provided otherwise, clear all rights-of-way or easements of14 obstructions which must be removed to make possible proper prosecution of the15 Work as a part of the project construction operations.16 4.Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants,17 lawns, fences, culverts, curbing, and all other types of structures or improvements,18 to all water, sewer, and gas lines, to all conduits, overhead pole lines, or19 appurtenances thereof, including the construction of temporary fences and to all20 other public or private property adjacent to the Work.21 5.Notify the proper representatives of the owners or occupants of the public or private22 lands of interest in lands which might be affected by the Work.23 a.Such notice shall be made at least 48 hours in advance of the beginning of the24 Work.25 b.Notices shall be applicable to both public and private utility companies and any26 corporation, company, individual, or other, either as owners or occupants,27 whose land or interest in land might be affected by the Work.28 c.Be responsible for all damage or injury to property of any character resulting29 from any act, omission, neglect, or misconduct in the manner or method or30 execution of the Work, or at any time due to defective work, material, or31 equipment.32 6.Fence33 a.Restore all fences encountered and removed during construction of the Project34 to the original or a better than original condition.35 b.Erect temporary fencing in place of the fencing removed whenever the Work is36 not in progress and when the site is vacated overnight, and/or at all times to37 provide site security.38 c.The cost for all fence work within easements, including removal, temporary39 closures and replacement, shall be subsidiary to the various items bid in the40 project proposal, unless a bid item is specifically provided in the proposal.41 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH Left Turn Lane to Serve 8200 Will Rogers STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN 102866 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED]1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED]2 1.7 CLOSEOUT SUBMITTALS [NOT USED]3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED]4 1.9 QUALITY ASSURANCE [NOT USED]5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED]6 1.11 FIELD [SITE] CONDITIONS [NOT USED]7 1.12 WARRANTY [NOT USED]8 PART 2 -PRODUCTS [NOT USED]9 PART 3 -EXECUTION [NOT USED]10 END OF SECTION11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 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 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 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 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS 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 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 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS 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 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 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS 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 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 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS 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 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION 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 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION 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 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION 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 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION 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 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 71 23 - 1 DAP CONSTRUCTION STAKING AND SURVEY 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 71 23 CONSTRUCTION STAKING AND SURVEY PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Requirements for construction staking and construction survey 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. Construction Staking a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Construction Survey a. Measurement 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and the materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS A. Submittals, if required, shall be in accordance with Section 01 33 00. B. All submittals shall be approved by the City prior to delivery. 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS A. Certificates 1. Provide certificate certifying that elevations and locations of improvements are in conformance or non-conformance with requirements of the Contract Documents. a. Certificate must be sealed by a registered professional land surveyor in the State of Texas. 01 71 23 - 2 DAP CONSTRUCTION STAKING AND SURVEY 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 B. Field Quality Control Submittals 1. Documentation verifying accuracy of field engineering work. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Construction Staking 1. Construction staking will be performed by the City. 2. Coordination a. Contact City’s Project Representative at least 2 weeks in advance for scheduling of Construction Staking. b. It is the Contractor’s responsibility to coordinate staking such that construction activities are not delayed or negatively impacted. 3. General a. Contractor is responsible for preserving and maintaining stakes furnished by City. b. If in the opinion of the City, a sufficient number of stakes or markings have been lost, destroyed or disturbed, by Contractor’s neglect, such that the contracted Work cannot take place, then the Contractor will be required to pay the City for new staking with a 25 percent markup. The cost for staking will be deducted from the payment due to the Contractor for the Project. B. Construction Survey 1. Construction Survey will be performed by the City. 2. Coordination a. Contractor to verify that control data established in the design survey remains intact. b. Coordinate with the City prior to field investigation to determine which horizontal and vertical control data will be required for construction survey. c. It is the Contractor’s responsibility to coordinate Construction Survey such that construction activities are not delayed or negatively impacted. d. Notify City if any control data needs to be restored or replaced due to damage caused during construction operations. 1) City shall perform replacements and/or restorations. 3. General a. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work as it progresses for Project Records. b. The Contractor will need to ensure coordination is maintained with the City to perform construction survey to obtain construction features, including but not limited to the following: 1) All Utility Lines a) Rim and flowline elevations and coordinates for each manhole or junction structure 2) Water Lines a) Top of pipe elevations and coordinates for waterlines at the following locations: (1) Every 250 linear feet 01 71 23 - 3 DAP CONSTRUCTION STAKING AND SURVEY 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) Horizontal and vertical points of inflection, curvature, etc. (All Fittings) (3) Cathodic protection test stations (4) Sampling stations (5) Meter boxes/vaults (All sizes) (6) Fire lines (7) Fire hydrants (8) Gate valves (9) Plugs, stubouts, dead-end lines (10) Air Release valves (Manhole rim and vent pipe) (11) Blow off valves (Manhole rim and valve lid) (12) Pressure plane valves (13) Cleaning wyes (14) Casing pipe (each end) b) Storm Sewer (1) Top of pipe elevations and coordinates at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. c) Sanitary Sewer (1) Top of pipe elevations and coordinates for sanitary sewer lines at the following locations: (a) Every 250 linear feet (b) Horizontal and vertical points of inflection, curvature, etc. (c) Cleanouts c. Construction survey will be performed in order to maintain complete and accurate logs of control and survey work associated with meeting or exceeding the line and grade required by these Specifications. d. The Contractor will need to ensure coordination is maintained with the City to perform construction survey and to verify control data, including but not limited to the following: 1) Established benchmarks and control points provided for the Contractor’s use are accurate 2) Benchmarks were used to furnish and maintain all reference lines and grades for tunneling 3) Lines and grades were used to establish the location of the pipe 4) Submit to the City copies of field notes used to establish all lines and grades and allow the City to check guidance system setup prior to beginning each tunneling drive. 5) Provide access for the City to verify the guidance system and the line and grade of the carrier pipe on a daily basis. 6) The Contractor remains fully responsible for the accuracy of the work and the correction of it, as required. 7) Monitor line and grade continuously during construction. 8) Record deviation with respect to design line and grade once at each pipe joint and submit daily records to City. 9) If the installation does not meet the specified tolerances, immediately notify the City and correct the installation in accordance with the Contract Documents. 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 71 23 - 4 DAP CONSTRUCTION STAKING AND SURVEY 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 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 APPLICATION 3.5 REPAIR / RESTORATION [NOT USED] 3.6 RE-INSTALLATION [NOT USED] 3.7 FIELD [OR] SITE QUALITY CONTROL A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the City in accordance with this Specification. B. Do not change or relocate stakes or control data without approval from the City. 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 01 74 23 - 1 DAP CLEANING 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 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 DAP CLEANING 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 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 DAP CLEANING 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 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. 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. 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] 01 74 23 - 4 DAP CLEANING 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 END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 77 19 - 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 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 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 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 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 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 4/7/2014 M.Domenech Revised for DAP application 01 78 23 - 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 78 23 OPERATION AND MAINTENANCE DATA PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Product data and related information appropriate for City's maintenance and operation of products furnished under Contract 2. Such products may include, but are not limited to: a. Traffic Controllers b. Irrigation Controllers (to be operated by the City) c. Butterfly Valves B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Schedule 1. Submit manuals in final form to the City within 30 calendar days of product shipment to the project site. 1.5 SUBMITTALS A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be approved by the City prior to delivery. 1.6 INFORMATIONAL SUBMITTALS A. Submittal Form 1. Prepare data in form of an instructional manual for use by City personnel. 2. Format a. Size: 8 ½ inches x 11 inches b. Paper 1) 40 pound minimum, white, for typed pages 2) Holes reinforced with plastic, cloth or metal c. Text: Manufacturer’s printed data, or neatly typewritten 01 78 23 - 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 d. Drawings 1) Provide reinforced punched binder tab, bind in with text 2) Reduce larger drawings and fold to size of text pages. e. Provide fly-leaf for each separate product, or each piece of operating equipment. 1) Provide typed description of product, and major component parts of equipment. 2) Provide indexed tabs. f. Cover 1) Identify each volume with typed or printed title "OPERATING AND MAINTENANCE INSTRUCTIONS". 2) List: a) Title of Project b) Identity of separate structure as applicable c) Identity of general subject matter covered in the manual 3. Binders a. Commercial quality 3-ring binders with durable and cleanable plastic covers b. When multiple binders are used, correlate the data into related consistent groupings. 4. If available, provide an electronic form of the O&M Manual. B. Manual Content 1. Neatly typewritten table of contents for each volume, arranged in systematic order a. Contractor, name of responsible principal, address and telephone number b. A list of each product required to be included, indexed to content of the volume c. List, with each product: 1) The name, address and telephone number of the subcontractor or installer 2) A list of each product required to be included, indexed to content of the volume 3) Identify area of responsibility of each 4) Local source of supply for parts and replacement d. Identify each product by product name and other identifying symbols as set forth in Contract Documents. 2. Product Data a. Include only those sheets which are pertinent to the specific product. b. Annotate each sheet to: 1) Clearly identify specific product or part installed 2) Clearly identify data applicable to installation 3) Delete references to inapplicable information 3. Drawings a. Supplement product data with drawings as necessary to clearly illustrate: 1) Relations of component parts of equipment and systems 2) Control and flow diagrams b. Coordinate drawings with information in Project Record Documents to assure correct illustration of completed installation. c. Do not use Project Record Drawings as maintenance drawings. 4. Written text, as required to supplement product data for the particular installation: a. Organize in consistent format under separate headings for different procedures. b. Provide logical sequence of instructions of each procedure. 01 78 23 - 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued a. Provide information sheet for City personnel giving: 1) Proper procedures in event of failure 2) Instances which might affect validity of warranties or bonds C. Manual for Materials and Finishes 1. Submit 5 copies of complete manual in final form. 2. Content, for architectural products, applied materials and finishes: a. Manufacturer's data, giving full information on products 1) Catalog number, size, composition 2) Color and texture designations 3) Information required for reordering special manufactured products b. Instructions for care and maintenance 1) Manufacturer's recommendation for types of cleaning agents and methods 2) Cautions against cleaning agents and methods which are detrimental to product 3) Recommended schedule for cleaning and maintenance 3. Content, for moisture protection and weather exposure products: a. Manufacturer's data, giving full information on products 1) Applicable standards 2) Chemical composition 3) Details of installation b. Instructions for inspection, maintenance and repair D. Manual for Equipment and Systems 1. Submit 5 copies of complete manual in final form. 2. Content, for each unit of equipment and system, as appropriate: a. Description of unit and component parts 1) Function, normal operating characteristics and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Operating procedures 1) Start-up, break-in, routine and normal operating instructions 2) Regulation, control, stopping, shut-down and emergency instructions 3) Summer and winter operating instructions 4) Special operating instructions c. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Alignment, adjusting and checking d. Servicing and lubrication schedule 1) List of lubricants required e. Manufacturer's printed operating and maintenance instructions f. Description of sequence of operation by control manufacturer 1) Predicted life of parts subject to wear 2) Items recommended to be stocked as spare parts g. As installed control diagrams by controls manufacturer h. Each contractor's coordination drawings 1) As installed color coded piping diagrams 01 78 23 - 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve j. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage k. Other data as required under pertinent Sections of Specifications 3. Content, for each electric and electronic system, as appropriate: a. Description of system and component parts 1) Function, normal operating characteristics, and limiting conditions 2) Performance curves, engineering data and tests 3) Complete nomenclature and commercial number of replaceable parts b. Circuit directories of panelboards 1) Electrical service 2) Controls 3) Communications c. As installed color coded wiring diagrams d. Operating procedures 1) Routine and normal operating instructions 2) Sequences required 3) Special operating instructions e. Maintenance procedures 1) Routine operations 2) Guide to "trouble shooting" 3) Disassembly, repair and reassembly 4) Adjustment and checking f. Manufacturer's printed operating and maintenance instructions g. List of original manufacturer's spare parts, manufacturer's current prices, and recommended quantities to be maintained in storage h. Other data as required under pertinent Sections of Specifications 4. Prepare and include additional data when the need for such data becomes apparent during instruction of City's personnel. 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE A. Provide operation and maintenance data by personnel with the following criteria: 1. Trained and experienced in maintenance and operation of described products 2. Skilled as technical writer to the extent required to communicate essential data 3. Skilled as draftsman competent to prepare required drawings 01 78 23 - 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 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