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HomeMy WebLinkAboutContract 55165-PM3PROJECT MANUAL FOR THE CONSTRUCTION OF MCPHERSON BOULEVARD (STREET LIGHTS) IPRC Record No. 20-0072 City Project No. 102738 FID No. 30114-0200431-102738-E07685 File No. K-2770 X File No. 26521 Betsy Price David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth NOVEMBER 2020 Peloton Land Solutions PROF E SSIONAL E N G INEERLICE N S E DSTATEOFTEXA S KYLE A. KATTNER 118741 CSC No. 55165-PM3 00 0o io STA1�I17AT2D CONSTRUCTION SPEC3FICATION DOCUMENTS Page 1 of 5 sECTrorr o0 oa �o TABLE OF CONTENTS DEV�LOPER AWARDED PROJECTS CITY OF FORT WORTH MCPfIER50N BOULL'VifRD 3TANDARD CON3TKUCT[ON SP�CIFICATION DOCUIviENT5 — DEVELpP�R AWARDED PROJECTS CPN102738 Revised March 20, 2020 _ _ . __ __ __ _ aa oo i o STANDARD CONSTRUCTION SPECIFICAT[ON DOCUMENTS Page2of5 Technieal Specifcafions listed below are incladed for this Project by reference and ean be viewed/downloaded fram the Cily's website at: htt :l/fortwortl�texas. ovlt w/contractors/ or htt s:Ila s.fortworthtexas. ovlPro'ectResourcesl Division 02 - Divisio�u 03 - Co�crete Division 2b - Etectrieal T___�_�_ _ �n i�-_.__ _ _ CITY OF FORT WORTI-I MCAHERSONBOULEVARD STANDARD CONSTRUCT30N SPECIFICA7'ION DOCUMENTS — C?EVELOPER AWARDED PRQ]ECTS CPN102738 Revised March 20, 2020 Division 31 - Earthwork 1 �r � a e i i � � —_ _ - _ _—` . _ ...��11� -_ ��_.�. - s:� � - �r's�sa--� � , i �. _ -` t� - �� _ •. , , . , AIIfiZLL1�` — -'7,; �� �razaz•� i . _ 1_��r _. 0 � � a r�rr�.z�r�i � � � � � � '� � l ! � � � � � � � � � � � �� � ��}�J'4�FLa �TGifII2II[G'���f'FIGTJ� `i y��Tiil.iV*LTQCL�i�'"+LC � �L`�nr. aro til�as„ t7.,.,1r-.. !'......r.,+., l+.,Tt.,..�. � � ►►.fEST_!Si . .. . t7'!'.Ei__= _ i����� n� rn�n� t � ���-�'�^- i � r��� i�»�nr�n�,,� � � r��n� n� rn� 1�r�� � � �--T-}y�� ' � r�--� 4� g�,r�� �—�Q n i 1�� 3 � r�Y,.�z, �r7LTiT � R � 1 1 A � � � � � 1 _ � � � � � � { � 1 1 1 ! � i � � � 1 � � � i � � � � �: i a � � � � � � CITY OF �"ORT WpRTH ,YICAHERSON SOULEYARD STANDARD CON3TRUCTION SPECIFICATTON DOCUMENTS - DEVELpPER AWARDED PROIECTS CPN102738 Revised March 20, 2020 oa oo io STAI�![}ART7 CONSTRUCTION SPECIFICATION DOCUM�NTS Page3of5 00 40 l0 STANDARD CONSTRiICTIpN SP�CIPICAT[ON DOCUMENTS Page 4 of 5 C1TY pF FORT WORTII NICPHERSONBOULEYRRD STANDARD CONS'f12[lCT[ON SPEC[F3CA'i[ON DOCUMENTS — D�VEiOPER AWARDED PROJECTS CPNI p2738 Revised Marcf� 20, 202R 0000 ]0 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 Appendix vE�.°-�•`�ze�,...;r�E..:i:+.. „�-r .,.,a$ 6�E 4:9� c..�,�,,,-� „e ��,a n�,.,�;,..,i r,,.-,a:«;,.�., FE`-4-04- �i�o..b,. „a �.. :,;� GC�-Cr7 1�J.,.,�.., D.,/-.,.. ;d�.-�° �2ifi3ii�z"'xcx�Q�-[ii�5 C-�C -�.`?9 ��ss���t-�e� GR-01 60 00 Product Requirements END OF SECTION CITY pF FpRT WORTH MCPHERSON BOIILEVARD STAN�ARD CONSTRUCTION SPECIF[CATION DOCLFMENTS — DEVELOPER AWARDED PItOdECTS CPN102738 Revised March 20, 202Q 09 4$ 43 Pmposal Fot01 {SL} f1AP.810 PROPOSAL Paga 1 of t SECTEDN OU 42 43 Qeveloper Awarded Projects - PROP05AL FORM UN1T PRICE BID Bidder's Applicafiion Projcct ]tem Infannasion Bidde�'s PmposaS Bidlist Gem Spccification Unit aE Bid �o Desoription Sectio:i No. Mcasure Q�an[iry �n« ��cc Hid Va1uc Btd Stl@mA[}' UN[T Vl: STREE'E' L[GIiiING iMPFtOVEMEN7S Tatal Construation Sid Coatrattor agrecs to compfete �i+ORK far EI[VAL ACCEPTANCE wilhen CO��!"['RACT commeaces to ron as prnvided in Ihe General Condifinns. ClTY OF FOR7 WOR7H STAN�ARP CONS3RUGTlOhf SpECIfiCATlON �4GVMENiS -OEVELOPER AWAR�ED PROJECTS FannVcision Apn12, 2014 !�� workingdaysattcrthedatcwhenthc � �C � � 1 , •r ./ E�IU OF SEGTION 00 42 43_Proposal Form.x[s 00 45 12 DAP PREQUAI,IFICATI4N STA7EMENF Page 1 af 1 SECTION 00 �45 12 DAP—PREQCJALIFICATiQN STATEMENT Each Bidder is required to complete the information below by identi�ying the prec�uali�ied contractors and/or subcontractars whom they intend to uti[ize for the major work type(s) listed. In the "Major Work Type" bax provide the camplete major work type and actua[ description as providec! by the Water De artment for water and sevver and TPW for avin . Major Work Type CantractorlSubcontractor Company Name Prequaiification Ex iration Date Street Lights — New Construction Bean Electrical Inc. 03/12/2021 The undersigned hereby certifies that the contractors and/ar subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Bean Electrical Inc. 821 E Enon Fort Warth, Texas 7bI40 END OF SECTION CITY OF FOR7 WORTH STANpAR� C�NSTRUCTION PREQUALIFICATION STATEMENT— QEVELOPER AWAR�EO PROJECTS �0 45 12_Prequalificaiion 5[atement 2015_�AP.docx Form Version Septem6er 1, 2015 DATE: f j— � C- -�-t;�Iv:° ao4sz6-1 CON�RACTOR COMPLIANCE WiTH WORKER'S COMPENSATiDN LAW f'age 3. of 1 � SECTION pQ 45 2fi CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Cor�tractor certifies that it 4 provides worker's compensation insuranee co�erage for all of its �mployees employed on City 5 Project No. 102738. Contractor further certifies that, pursuant to Texas Labar Code, Section 6 406.096(t�), as amended, it will provide to City its subcantractor's certificates of compliance with 7 worker's campensatian coverage. 8 CONTRACTOR: 9 10 11 12 13 14 ]5 16 ]7 l8 19 20 21 22 2� 24 25 26 27 28 29 30 31 32 33 34 35 Bean Electrica! Inc. Cornpany $21 E Enon Add ress Fort Worth, TX 7614Q City/S#ate/zip THE STATE OF TEXAS COUNTY OF TARRANT By: Sigr Title: �resident (Please Print) § § B�EFO���RE ME, the und�rsigned authority, on this day personally appeared 4`�L � 17 ��'��'� t� , known to me to be �he person whose name is su bscri ed to the foregoing instrum�nt, and acknow[ed�e�to me that he/she executed the same as the act and deed of _�� �� � �_ l C��� iC� `� � for the purposes and consideration therein expressed and in the capatity therein stated. GIV�N UI�DER MY HAND AND SEAL OF OFFICE this 4��� day of �� u v�z Fh �a � r,._.—, zazo. �``�"P`''� JQSEPHIN� ANN AYALA � 1A,... ;�g % a_i�' `�_Natary Publfc, State of Texas No ary P lic in and forthe State of Texas � : ��.,�:�� � : � .,,.. 4� Comm. Expires 02-47-2021 '��FCF�``� Notary iD 13Q997848 END OF SECTION ' ��lill45 CIiY OF FORT WORThi MCPNffiSON SOULEVARD STANDARd CDNSTRUC710N SPECIRCATION �OCUMEN�S CPN 102738 Revised April 2, 2014 00 52 43 - f �evetoper Awarded Project Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGftEEMENT 3 THIS AGREEMENT, authorized an January 3rd, 2021 is made by and 6etween the De�eloper, 4 MtPherson Boulevard LE.C, auihorized to do business in 7exas ("De�e[aper") , and Bean Elettrical 5 lnc., authorized to do business in 7exas, acting by and through its duly autharized 6 representative, ("Contracio�"). 7 Develaper and Contractor, in eonsideration of the mutual covenants hereinafter set forrh, agree 8 as follows: 9 Article 1. WORK 10 Cantractor shall tamplete all Work as specified or indicat�d in the Contract Documents for the I1 Project identified herein. 12 Article 2. PROJECT I3 The �roject for which the WorEc under the Contract �otuments may be the whole or only a part 14 is generaily described as fallows: 15 MCPHER50N BOLILEVARD 16 CPN 1Q2738 17 Article 3. CONTRACTTIME I8 3.1 Time is af the essence. 19 A!I time lirnits for Milestanes, if any, and FinaE Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be camplete for Final Acceptance within 12S calendar days after the date 23 when the Contract Tirr�e commences to run as pro�ided in Paragraph 12.04 of the 24 Standard City Conditions of the Construction Contract for De�elaper Awarded Projects. 25 3.3 Liquidated damages 2d Cantractor recognizes that time is o# the essence af this Agr�ement and that Developer 27 will s�ffer financial loss if the Work is nat completed within the times specified in 28 Paragraph 3.2 aba�e, plus any extension thereof allowed in accordance with Article 10 29 of the Standard City Conditions of the Construction Contract for De�eloper /�warded 30 Projects. The Contractor also recognizes the delays, expense and difficulties in�ol�ed in CITY OF £pRT WORTH MCPNFRSQN BQULEVARD STANpARD COfVSTRUGTION SPECIFfCATION �OCUMEN7S — OEVELOPER AWARDED PROJECTS CPN 102738 Revised June 16, �016 aosza3-z Developer Awarded Projec�t Agreemer,t Page 2 of 5 31 proving in a legal proceeding the actual loss suf�ered by the Devefoper if the Work is not 32 compieted on time. Accordingly, instead of requiring any such proof , Contractor agrees 33 that as fiquidated damages for delay (but not as a penalty), Contractor shall pay 34 De�ela�er zera Dollars ($0.00) for each day that expires after the time specified En 35 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. 36 Artitie 4. CONTRACT pR10E 37 D�veloper agrees to pay Contraetor for perForrnance of the Work in accordance with the 38 Contract Documen�s an amount in current funds af thirty-one thousand, two hundred sixty-fi�e 39 Dollars ($3.1,265.00). 40 Article 5. CONTRACT DOCIJMENTS 4I 5.Z CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between Developer 43 and Contractor concerning t�e Work consist of the following: 44 1. This Agreement. 45 2. Ai�achments ta this Agreement: 46 a. Bid Form (As provided by De�eloper} 47 �.) Proposal Form (DAP Version} 48 2} Prequalifitation Statement 49 3) State and Federal docurnents (projectspecificJ 50 b. Insurance ACOR� Form(s) 51 c. Paymen� Bond (i]AP V�rsion) 52 d. Per�ormance Bond (DAP Version] 53 e. Maintenance Bond (DAP V�rsion) 54 fi. Power of Attorney for the Bonds 55 g. Worker's Compensation AfFida�it 56 h. MBE and/or 58E Commitment Form ([f required} 57 3. Standard City General Conditions of the Construction Contract for pevelop�r 58 Awarded Projects. 59 4. Suppfementary Cor�ditions. CITY QF FDRT WORTH MCPNfR5DN 80ULFVARD 53AN�AR� CdNSTRUCTION SPECIFiCqTION DOCIlMENTS — �EVELOPER AWARDE� PROJEC35 CPN 102738 Revised June 16, 2016 O�SZ43-3 �eveloper Awarded Project Agreement Page 3 of S 60 5. S�ecificatians specifically made a part of the Contract Documents by attachment 61 or, if not attac�ed, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 55 G6 b7 68 69 70 '� 1 72 73 74 75 76 77 78 '�9 SO 81 82 83 84 85 86 87 88 89 90 91 92 93 94 7. Addenda. 8. Documentation submitted by Contrac�or priar to Noiic� of Award. 9. The following which may be delivered or issued after the Effective Date af the Agreement and, if iss�ed, became an incorparated part of the Contract Documen#s: a. Notice to Proceed. E�. Field Orders. c. Change Orders. d. Letter of Finai Acceptance. Article 6. IND�MNIFICATION 6.�. Contrac�vr cor►enanis and agrees to indemnify, hoEd harmlEss ancf defend, a# its own expense, the city, its officers, servants and empiayees, from and against any and all claims arising out af, or alleged to arise vut of, the work and ser�ices to be performed by the cantractor, its officers, agents, employees, subcontractors, license5 ar invitees under ihis contract. 7'his indemnificat�on ro�ision is s ecificall in�ended to o erate and be effecti�e even if it is alle eci or roven that a11 or some of #he darna es bein sou ht were caused, in whole or in uart, bv anv act, omission or ne�li�ence of the citv,• This indemnity provision is iniended io incl�de, without iimitation, indemnity for tosts, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor co�enants and agrees to indemnify artd hold harmless, at its own expense, tF�e city, its officers, ser�ants anci emplayees, from and against any and all 1oss, damage or destruc�ion of praperty of the city, arising out of, ar alleged to arise out of, the work and services to be performed by the contractor, its offi�ers, agents, employees, subcontractors, iicensees or in�itees under ihis contract. This ir�demnification provision is speci�call� intended to operate_and be effecti�e even if it is alleged or praven that all or sorne of the dama es bein sou ht were caused ��m� wh�� �.._ ole or in art b an act omission or ne Ei ente of the cit . CITY OF FORT WORTH MCPNERSON BOULEVARD STAiVDAR6 CONSTRUCTION SPECIFICATION �QCUMENTS— DEVELOPER AWARDE[1 PR03ECTS CPN 102738 Revised June 16, 2016 005243-4 Oeveloper Awarded Project Agreernent Page 4 of 5 9S Article 7. M[SCELLANEOUS 96 7.1 Terms. 97 Terms used in tE�is Agreement are defined in Article 1 of the Standard City Conditions of 98 the Construciian Contract for Deve[o�er Awarder! Prajects. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Cantract Documents may not 6e assigned by the I01 Contractor without the acEvanced express written consent af �he �eveloper. 102 7.3 Sutcessors and Assigns. 103 Developer ant{ Contractor each binds itself, its par�ners, successor$, assigns and ]egal 104 representati�es ta the other party here�o, in respect to alf covenants, agreements and 1a5 obfigations tontained in the Contract Documents. loS 7.4 Se�erability. 107 Any pro�ision ar part of the Contract Documents held to be uncanstitutional, �oid or 108 unenforceable by a court of competent jurisdiction shalE be deemed stricken, and ali 109 remaining pra�is9ans shall cantinue to be �alid and binding upor� DEVELOPER and I10 CpNTRACTOR. 111 7.� Go�erning Law and Venue. 112 This Agreernent, including all of the Contract Documents is perFormable in the State of 113 Texas. Venue sE�all be Tarrant Caunty, Texas, or the United 5tates District Court for the 114 Northern �istrict of Texas, Fort Worth Division. 115 116 7.6 Authori�y to Sign. 1I7 Contractor shall attach evidence of authority to sign Agreemen#, if other than duly l I8 authorized signatory of the Contractor. 119 120 IN W17NE55 WHEREOF, De�eloper and Contractor have exetuted this Agreement in multiple 12i caunterparts. I22 I23 This Agreement is effecti�e as of the last date signed by the Parties �"�ffective Date"}. CITY OF FORT WORTH MCPHERS4N BOULEVARD STANOARD CONSTRUCTION SPECIFICAT[ON DOCl1MENT5— DEVE€.OPER AWARDED PROJECTS CPN 102738 Revised June 16, 20i6 Od5243-5 Developer Awarded Project Agreement Page 5 of 5 124 I25 Contractor: Roy E Bean II {Printed Name) Title: President Company Name: Bean Electrical lnc Acfdre5s: $21 � �non City/State/Zip: Fort Worth,iX 76340 t%�o c� Dafie Developer: sy: f � (5ignature} /`�/� �1�.�d� (Printed Name) Ti�le: ���� f Company name: Address: Dv � q�� I City/State/Zip: �:.�'h,�� � 7 � � !�� �s���� � Date , , , , , ,„ ,,.,,..,. CITY OF FORT WORTH STANOARD CONS7RUCFION SPEGfFICATION �OCUMEN75 — DEVELOPER AWARDED PROJECTS Revised June 16, 201fi MCPNFRSON 8pUl�VARD CPN 302738 ���gnatu re� SureTec Insurance Company TH[S BOND R�DER CONTAINS IMPORTANT C�VERAGE INFQRMATION FORCE MAJEURE RIDER The obligations of the Surety and Principal under �he Bond or Bands to which this Rider is annexed are subject to the following fimitations and conditions, to wit: that, it is a conditian precedent to their liability hereunder tha�t the cantract�aal obligation �the contract or subcontract, as �he case may be, being referred to in this Rider as the "Contract") �etween the Principai and the Obfigee underlying this Bond inc[u�es (or shall be considered amended to inc[ude} a Force Majeure exclusion holding that the Principaf an� i�s Sureties shall not be heid liabl� under this Band or under the Contract for any impacts, delays, defaults, or damages related to Principal's work arising from, or re[ated to epidemics, pandemics, medical emergencies, s�pply line ir��erruptians, ar natural disasters impac�ing the work required by the Contract, regardless of where such events occur, acts of God, terrorism, war, acts of go�ernment or administrati�e suspension, limita�ion, ar shut-down, or �he direct or indirect consequences or aftermath of any af t�� foregoing, and the Cantract further provides that the Principal shall be entitled to an extension of the Contract Time and an equitable adjustment of the Contract Price, as a resu(t of any of the exclusions hereto�Fore cited. In the event the pro�isions for force majeure, time extensians, or equitable adjusfimen� far time and money are more favorable to Principai in the Contract, than in this Rider, �he more favorable shali app[y. Revised 3-2009 SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint NoticelFiCing of Cfaims To obtain informatian ar make a camplaint: You may calf the Surety's toll free teiephane number for information or to make a complaint or file a claim at: 1-866-732-OD99. You may also write to the Surety at: Sureiec Insurance Company 9i37 Great Hills Trail, 5uite 32p Austin, TX 78759 You may contact the Texas Department of Insurance to obtain informaiion on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the i'exas Department of Insurance at: PO Box 949104 Aust9n, TX 78714-9104 Fax#�: 512-49Q-10�7 Web: http:l/www.tdi.texas.qov Email: ConsumerProtection@tdi.texas.gov PF�EMIUM OR CLAIMS DISPUiES: Shauld you ha�e a dispute concerning your premium ar about a claim, you should contaci the Surety first. If the dispute is not resol�ed, you may contact the Texas bepartinent of Insurance, Te2cas Rida� 8l2�19 ,� 006213-i PER�ORMANCE BDND Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2�} THE STATE OF TEXAS s�crion� oo �z �3 PERFORMANCE BONQ #44401�3 § § KNOW AL� 8Y THESE PRESENTS: COUNT( DF TARRANT § That we, . Bean Electrical, Inc. , known as "Principal" herein and SureTec lnsurance Com an a carporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one ar morej, are held and firmly 6ound unto the �e�eloper, (MCPHERSON HOLDINGS LLC), authorized to do business in Texas ("De�elaper") and the City of thirty-one thousand, two hundred sixty-fi�e dollars ($31,2b5.00), law�ul money o� the United States, to 6e paid in Fort Worth, Tarrant County, Texas for the payrnent of whieh sum wel] and truly to be made jointly unto the De�elaper and the City a5 duaf obliges, we bind ourselves, our heirs, executars, administrators, successors and assigns, joinily and several[y, firmly by these presents. WHEREAS, De�eloper and City have enter�d into an Agreement for the construction of cqmmunity facilities in the City Qf Fart Worth by and thraugh a Community Facilities Agreement, CFA Numl�er 20-0085; and WH �EA�S, the Principal has entered into a certain written contract with the Developer awarded the _,� day of �:�-,,v� 202Q, which Contract is hereby referred to and made a part hereof for alI purposes as if fully set forth herein, ta furnish all materials, equipmen� labar and other accessories defined by [aw, in the prosecution of the Work, induding any Change Orders, as provided for in said Contract designated as MCPHERSON BOULEVARD. 25 NpW, THEREFORE, the condition af this obfigatian is such that if the said PrincipaE shall 25 faithfully p�rform it ob[igations under the Contract and shalf in all respects duly and faithfuliy 27 perform the Work, incEuding Change Orders, under ihe Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of CITY bF FORT WORTH STANDARD CITY CONDITIDNS — DEVELOPER AWARDED PROJECTS Revised January 31, 2D32 MCPHERSON BOULEVARO CPN 102738 00 �z �3 z PERFORMANCE80ND Page 2 of 3 1 extension af the Contract that rnay be granted on the part of the De�eloper anci/or City, then 2 this obligation shail be and become null and void, otherwise to remain in full force and effect. 3 PROVIDED FURTHER, that if any legal action be fileci on this Bond, venue sha�l lie in 4 Tarrant Caun�y, Texas or the United States District Court for the Northern District of Texas, Fort 5 Worth Di�ision. 6 Tf�is bond is made and executed in carrtpliance with the provisions af Chapter 2253 of 7 the Texas Government Code, as amended, and all �iabilities on this bond shall be det�rrnined in 8 accordance with the provisions af said statue. 9 IN WITN�SS WHEREOF, the Principal and the 5urety ha�e SIGNED and SEALED this 10 instrumeni by duly authorized agents and afficers an this the ��i � day of �.�<i;�:�;: k=-��z--`"; � i , zozq. iz ATTEST: � , (Principal} Secretary PRfNCIPAL: Bean Efectrical�nc. BY: gnature � � l� �� �� � Name and Title �, Acfd ress: i ; Fort Worth, TX 76140 � � _ ,� .', // � , �, Witness as to Prin�ipal CITY OF F6RT WORTH S7ANOARD C9TY C6NDITIONS —QEVELQPER qWARDEO PROJECTS Revised January 31, 2�12 MCPHERSDN BOULEVARD CPN 102738 006213-3 PERFORMANCE60ND Page 3 of 3 ATf EST: {5urety) Secretary ,� � � -- Witness as to Surety Muni Rabah , Bond Account Manager � SURETY: .�.. u. . �- , Name and Title Address: 2255 Ridge Rd. , 5te. 333 :� .i, . 1: Telephone Number: 972-��2-�2z� 2 iVote: If signed by an officer of the 5urety, there must be on file a certif':ed extract from the 3 bylaws showing that this person has authority to sign such obligation. If SUrety's physical 4 address is different from its mailing address, both must be provided. 5 6 7 8 The date of the bqnd shall not be prior to the date the Cantract is awarded. END OF SECTION CITY DF FpRT WORTH MCPHERSON BOULEVAR� STANDARD CITY CONQITIONS — DEVELOPER AWAR�ED PRQJ�CTS CPN 102738 Re�ised January 31, 2012 7HE 5TATE OF TEXAS 00 6z ia - i PAYMENT BONp Page 1 of 3 1 2 3 � 5 6 7 8 9 10 11 12 13 14 15 16 § COUN7Y OF iARRANT § SECTION 00 6214 PAYMENT BOND #4444143 § KNOW ALL BY THESE PR�SEI�7S: That we, Bean__Electrical, Inc. , known as "Principal" herein, and �ureTec Insurance Com�y„ ,,, ,,,,,,,,,,, , a cor�arate surety ( or sur�ii�s if more than anej, du[y authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and #irmly bound unto the Develaper, MCPHERSQN HOLDIiVGS I.LC, authorized to do business in 7exas "(beveloper"), and the City of Fort Worth, a Texas municipal corporation ("City"), in the pena[ sum of thirty-one thousand, two hundred sixty-fi�e dollars ($31,265.00�, lawfu[ money of the United 5tates, to be paid in Fort Worth, Tarrant County, Texas, far the payment of which sum well and truly be made jointly unto tf�e be�eloper and the City as duai obliges, we bind oursel�es, our heirs, execu�ors, administrators, successors and assigns, jointly and se�erally, firmly i�y these presents: 17 WFIEREAS, De�eloper and City ha�e entered inta an Agreement for the consiructian of 18 community facilities in the City of Fart Worth, by and through a Community Faci[ities 19 Agreement, CFA Number 20-4085; and 20 WHEREAS, Principai has entered inta a certain written Contra�t with De�eloper, r c�. 21 award�d the � day of �� iU�?t��L�j , 202�. which Contract is hereby 22 r�ferred #o and made a part hereaf for al[ purposes as i� fully set forth herein, ta furnish a11 23 materials, equipment, (abor and other accessories as defined by law, in the prosecution of the 24 Wark as pro�id�d for in said Cantract and designated as MCPHERS�N 80Uf.EVARD. 25 26 27 28 29 IVOW, THEREFOR�, TH� CONDITION OF 7H15 OBLIGA710N is such that if Principal shall pay all monies owing to any (and all) payment 6and beneficiary (a5 defined in Chap�er 2253 of the Texas Go�ernment Code, as amended) in the prasecution of thE Work und�r the Contract, then this obligation shall 6e and become null and void; otherwise to remain in full farce and efFect. C1TY OF FORT WORTH STANOARR CITY CON�ITIONS—DEVELOPER AWARDED pROJEC75 Revised 3anuary 31, 2012 MCPHERSON BOUL�VARp CPN 102738 0 006214-2 PAYMEfVT BDND Page 2 of 3 1 This bond is made and executed in compliance with the pro�isions of Chapter 2253 of 2 the Texas Government Cot�e, as amended, and all liabilities on this bond shall be determined in 3 accordanc� with the pro�isions af said statute. 4 IN WITNESS WHEREOF, the Princip�l and 5ureiy ha�e e�Ch SIGNED �n� SEALED this ,�;<. 5 instrument by duly authorized agents and officers on this the J day of 6 � :�tv� :t�'-`�� 20Z�. 7 ATTEST: /'y` � �� {PrinCipalj 5ecretary 'k f , ; ��' �' i� Wi#ness as to Principal ATTEST: C4TY OF FORT WOR7H STANDARD CITY CONDITIDNS — DEVELOPER AWARDED PftOJECTS Revised January 31, 2012 Signature �� ! ���':�..._ ,� ��c�; ��!/ Name and Titl� Address: 821 E Enon �art worth, TX 76140 SURETY: MCPHERSON BOULEVARD CPN 102738 SureTec Insurance Company �:�1►[�11L1�1 006214-3 PAYMENT 80ND Page 3 of 3 --- - �/A (5urety} Secretary Witness as to 5urety Muni Rabah , Bond Account Manager Signature _ Johnny MosS, Attorn�y-in-�act Name and Title Address: 2255 Rid�e Rd. , 5te. 333 Rockwa[I TX 750$7 �elephone Number: 972-772-7220 1 2 IVot�: If signed by an af�icer of tf�e Surety, there must be on fiie a certified extratt from the 3 bylaws showing that this person has authority ta sign such obligation, If Surety's physical 4 address is different from its mailing address, both must be provided. 5 6 The date of the bond shall not be prior to tE�e date the Contract is awarded. 7 8 �NQ OF SECTION CITY OF FOEti WDRTH 57ANDARD CITY C4NDIT[ONS -- DEVELOpER AWARDED PRDJECiS Revised January 31, 2012 MCPHERSON 80ULEVARD CPN 102738 oa6zi�-1 MAINTENANCE BOND Page 1 of 4 1 2 3 4 5 6 7 S 9 ia 11 12 13 14 15 1G 17 THE 57ATE OF TEXAS § KNQW AI.I. BY THESE PRESENTS: COUNTY OF TARRANT § That we known as "Principa[" herein and ____SureTec fnsurance Campanv , a cor�orate surety (sureties, if mare than one) duly autharized to do business in the Stat� of T�xas, known as "Surety" herein (wheiher one or more), are held and firm[y bound unto the Develaper, MCPHER50N HOLDINGS LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth, a Texas municipal carpora�ion (°City"), in the sum of ihirty-on� thousand, two hundred sixty-five dollars {$31,265.00], lawful money of the United States, to 6e paid in �ort Worth, Tarrant County, Texas, far payrrsent of which sum wefl and truly be made jointly unto the D�veloper and the City as dual obligees and their sut�essors, we bind ourselves, our heirs, executors, administrators, suttessors and assigns, jointly and severally, firmly by th�se presents. § SEC�'[QN OQ 6219 MAINTENANCE BOND #4440i43 18 WHEREAS, De�eloper and City have entered into an Agre�ment for the construction of 19 community facilities in the City of Fort Worth �y and through a Community Facilities Agreement, 20 CFA �iumber 20-0085; and 21 22 23 24 25 26 27 W}iEREAS, �h� Princi�al has entered into a certain written contract with the De�eloper � awarded the day of . �4�4�}J ��v1 , 202�, which Contract is hereby referred to and a made part hereof for all purposes as 9f fu[ly set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting fram a duly a�thorized Change Order (coElec�i�ely herein, the "Work") as provided far in saici Contract and designated as MCPHERSON BOULEVARD; and CITY OF FORT W4RTH STANDARD CITY CdNQITEONS — DEVELOPER AWARDE� PROJECTS Revised January 31, 2012 MCPHERSONBOULEVARD CPN 162738 oo6za9-z MAINTENANCE BDND Page 2 vf 4 1 WHEREAS, Principal binds itself to use such materiafs ar�d to so canstrucf the Work in 2 accordance with the plans, speeificatians and Contratt Documents that the Work is and will 3 remain free fram defects in materials or workmansf�ip for and during the period of two (2j years 4 after the date of Final Acceptance of the Work by the City ("Mainienance Period"J; and 5 b WHER�AS, Printipa! binds itsel# to repair or reconstruct the Wark in whale ar in part upon 7 receiving notice fram the De�eloper and/or City of the need thereof at any tirne within the 8 Maintenance Periad. 9 lo NOW THEREFQRE, the toRdition of this obligation is such that if Principal shall remedy 11 any defective Work, for which timely notice was pro�ided by Developer or City, to a completian 12 satisfactory to the City, then this obligation shall E�ecome nul[ and �oid; otherwis� to remain in 13 full force and effect. 14 IS PROVIDED, HQWEVER, if Principal shall fail so to repair or reconstruct any timely Ib noticed defective Work, it is agreed that the De�eloper or City may cause any and all such I'1 defective Work to be repaired and/or reconstructed with all associated costs thereof being I8 borne by the Principal and the Sur�ty under this Main#enance Bond; and 19 20 PROVEDED FiJRTHER, that if any legal action be filecE on this Bond, venue shall lie in 21 Tarrant County, TexaS ar the United 5tates District Court for the Northern DiStrict of Texas, For� 22 Worth Di�ision; and 23 CITY Op FORT W4RTH MCPHERSON BOULEVqRp STANDARD CITY CONqIT€ONS —DEVELDPER AWARDED PROJECTS CPN 102738 ftevised lanuary 31, 2012 00 62 19 - 3 MAINTENANCE BONO Page 3 of 4 1 PROVIDED FUR7HER, that this obligation shall be continuous in nature and successi�e 2 reto�eries may be had hereon for successive breaches. 3 [IV WITNE55 WHEREOF, the Principal and the 5urety have each 51GNED and SEALED this 4 instrumenf by duly authorized agents and officers on this the . j� � day of t`� '.� �'i'�--� s , zozd. PRI NCI PAL: ATT' E ST: ��� (Principaf) Se[retary Address: 82� E Enon � I' �� Fart Worth. TX 7b14Q / Witness as to Principal SURETY: SureTec Insurance,Company CITY OF FORT WORTH MCPHERSON BDU�EVAR� STAN�ARD CITY CDNDITIO�fS -- DEVELOPER AWARDED PftpJECTS CPN 10273$ Revised January 31, 2Q12 4 � J 9 � 'C' ' F'TM � i�` � � [� Name and Title _ � 006219-4 MAINTENANCE BOND 'age 4 of 4 � ATTEST: 1_1 (Surety) Secretary ,. `� � Witness as to Surety Muni Rabah , Bor�d Account Manager 2 Jahnn Moss Attorne -in-Fact Name and Titfe Address: 2255 Rid e Rd. 5#e. 333 Rockwall TX 75087 Telephone Number; 972-772-7220 3 Note: lf signed by an officer of the Surety, there must be on fi�e a certified extract from the 4 bylaws showing tha# this person has authority to sign such abligation. !f Surety's physical S address is different from its maif ing address, both must lae pro�ided. 6 � 8 � 7he da#e of the bond shall not f�e prior to the date the Contract is awarded. END OF SECTION CITY OF FORi WORTH STANDARp CITY CDNDITIQNS — REVELDPER AWAR�ED PROJECTS Revised January 31, z01Z MCAHERSON BOULEVARD CPN 102738 POA� �22i049 JOINT LIMITED P�WER OF ATTORNEY KNOW A€.L iNEN BY iHESE PRESENTS; That SureTec Insurance Company, a Carporxtion duly arganizcd and existing under the laws of the State oF 7exas and having Its pr3ncipal office In the County of Harrfs, 7exas and Markel Insurence Campany {the "Company'F, a tnrporation duly argani:ed and exlsting under the I�ws o! the state vf Illino[s, and having its prfncipal adminlstratfve uifice in Gien Allen, Vfrgfnla, daes hy these presents make, constitute and appalnt: Tony Fierra, Jay Jordan, Johnny N1oss, Steven VJ. 5earcey, Robert J. Shuya, MisUe Bsck, Jeremy Sarnett, Rohert G. Kanuth, Jade Porter, Jennifer Cisneras, Jarrett Willson, Jack Notlingham Thelr true and lawfvi agent(s} and atlorney;s)•In•fa�t, eaeh in their separate capacEty if'more than one ii named above, ta make, execute, seal �nd deliupr for and an thelr awn behalF, individually as a surety or ja€ntiy, as co•suretles, and Ys theiract and deed anyand alf 6andsand other undertaking 1n surctyship pravPdad; however, that the penal sum oF any a�e suth instrument executed hereundersfiaii not exceed tha sum oi: �ive Million and 06I700 pallars ($5,000,00�.00) 7hls Power af Attamey Is granted and �s stgned and sealed under and 6y the authori�y of the following ResaluUons adopted by the eoar6 nf �irectors of SureTec Insurance Company and Markellnsurance Company: "RESOZVEO, 7ha[ the Prpsident, Seniar Vice Presiden[, Viee PresldenE. Assiseant Vi[e President, Secretary, Treasurer and each aF them hereby is authadzed ta execute powprs eF attorney, and such authority can be eaecuted by use of facsfmi�e signature, whieh may ha attested ar acknnwledged by any officer ar attomey, of the tompany, quafi[ying tf�e atiorney vr at[omeys named In the given power of attamey, to execute in 6ehalf of, and ackrtawfedge as the act and deed o! the SureTec Insvrance Cpmpar�y and Niarke! Insurance Campany, Ys the ase may be, al] bond undertakings and contractsatsvrptysh9p, nnd to afFix the carparete sesl thereto.' IN WITNE55 WHEREOF, Markel Insurante Company �nd Sure7ec Insuranee Campany have caused the[r afficial seil [a he hereuota attixed and th2se presents to be s(gnedbytheirduiyauthorlaedo[ficersanihezaar dayaf �aara, � znza . Sore7ec Insurance Company By: _ Michael C. Keimig, Presldent �u��x q��'o � � s� � � 5 � t �5�k.. y*. '1`���t����,r,� Mark�e/� Inru*a ce [nmRany ���au ���� v' ,1 ��� SEAL :�: {��._._ QS�: _ `� �'�:7Z4Z�'' �`� R in Russa, 5enlar V7ee Fvesldent ',�'�R+tt n��u�`��,`` Commonweaith nf Virginia Caunty nf Henrico SS: On this zan day ef ��+ .�p=c A. �., bkfare me, a Not�ry Pu�fic af the Cammonwealth nF Virginfa, in and for the Caunty of Henrico, dufy commissianed and qualiF{ed, came TfiE A80VE OFFICERS OFTHE COMPAN�ES,to me persanally known to be ehe indivldualsand olFicers descriLed in, wha executed the preceding instrument, and they acknowledged the sxewtian of same, and being hy me duty swom, disposed and said that they are the oNicers of the sald companies afaresafd, and that the seaEs afiixed ta the proceeding lostrumant are the Corporate 5eals af said Companles, and the sald Carparete Seals and lheir iign�wres as afficers warc dulV affixed and su6scribed to 1he saidlnstrument hy the authority and direction of the said campanies, and that Resolutions adopted hy the 8oard af Dlrectars of saldi:nmpanlesreferredtointheprecedingfnstrumentlsnawirsforce. ,���iF�t����� .•`` p,flONq ''�, EN TESiIMONY WHERE0P,1 have hereunEo sct my hand, and afilxed �r�,f3��¢�a� �hg t�n��/af Henrico, the day and year first abrnrp written. � Q ; �'� �B�'. .�. S : $ MY �n �: � ' � COMAr11S510N � gY; " np,� NUP�tBFR ;� q; pnnna Donavant, Notary Publlc : �r'• 70b3968 � � ' �,qyO,� . Y,¢,� � Ivty commission expires 1/3il�0x3 We, the under5igned Ofi€cers of 5ureTec insurence Comp�ny and MarkeY s •� ��, l���i��L���fiy dq�her6y cprtify that the origina� P6WEi1 oF A7TflRNEY of which the (oregaRng is-a Full, true and mrrect capy Is stlll in full force and effect and hal�qt��Sei7 rg�,vk�d. t.� � iN WITN@55 WliEREOf, wc have hereunln set our handx, and afflxed the Seais of said Cnmpanies, an the � day af i� 5`�i(^� C� �"``J�'" Sur ecEnsur re C gan By _ M. Br t 8eaty, A55istant Secrntp Markel Insurance Company �� � �� ay: j � _,_„_.�..— ftichard R. Grinnan, Vice Presiden[ an ,secs ary Any tnstrument Issued [n a�cess of the peaal[y sta�ad ahave is totally yaid and withput any vafid�ty. 42210A9 Fvtverlfcatton of the antiroriry of thls Power you may caq p13�H12�0600 an any �uslness day hetwepn 63t1 AM and S:OD PM L57. POLICY 1VUMB�R:T82-Z91-471905-024 COMM�RCfAL G�N�RAL LIABILfTY CG 20 37 0413 THIS ENDORS�ME�VT CHANGES TME POLICY. PLEASE REAp IT CAREFULLY. ADDITI�NAL INSURED - OWNERS, LESSEES OR CONTRACTQRS -� COM PLETED OPERAT�ONS This endorsement modifi�s ins�rance provided ur�der the following: COMfNERGiAI. GENERAL LiABiLITY COVERAGE PART PROdUCTSICOMPLETED OPERATfONS LlABIi.ITY COVERACE PARi A. Section !I — Who Is An insured is amended to include as an additionaf insured the person(s) nr organization(s) shown in the Schedule, but only with respect to liability for "6odily injury" OF "propetYy damage" caused, in whole ar in part, by "yo�r work" at the iocation designated and descri6ed in the Schedule of this endorsement performed for t�at additiorsal insured and ir�cluded in the "products-completed operations hazard". Ftowever: 1. The insUrance afforded ta such additional insured only applies to the extent permitted by ]aw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance aiForded to such additional insured will not be braader than that which yo� are required �y tF�e contract or agreement tv Provide far such additivnal ins�red. Name Of Additional Insured Person(s} Or Organization(s): Location And Description Of Carrtpleted Operations All persons vr organizations with whom you have AI] locations as required by a written contract or entered into a written contract or agreement, prior to an agre�ment �ntered intv prior ta an "occurrer�ce" ar "occurrence" or o#fense, to provide additional insured afFense, stat€as. Inforrrtation required to complete this Schedule, if not shown abov2, wili be shown in the Declarativns. B. With respect to the insurance afforcted to these addiiionaf insurecls, the following is added to Section IIE—LimifsOflnsurance: If caverage provicEed to the additiona! insured is required by a contrac# or agreement, i�e most we wiii pay on behaff vt the additional insured is the amount of insura�ce: 1. Required by the contract or agreement; or z. Available under tf�e applicable Limits of Insurance shown in the Decfarations; whichever is less. 7his endorsementshall nat increase the appiicabl� Limits of Insurance shown in the Decfarations. SCHEDEIL� CG 24 37 44 �3 O Insurance Services Office, inc„ 2012 Page 1 of 1 POLICY i�lUMSER:T62-Z9'I-471905-020 COMMERClAL G�N�RAL LIA8ILITY CG 2010 04 13 THfS �NDORSEMEiVT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADD�T[4NAL INSURED -� �1NNERS, LESSEES OR CONTRACTORS � SCHEDULED PERSON OR �RGANIZATION This endorsement modifies insurance provided under the foffowing: COMM�RCIAL G�NERAL LIABILITY COVERAGE PART A. Section 11 — Who Is An lnsured is amended to include as an additiona! insured the person(s) or organization(s}sF�own in the Schedule, but only with respect to liability for "6odily injury", "property demage" or "personal and advertising injury" caused, inwhoie or in part, by: 1. Youracts oromissions; or 2. The acts ar omissions of those acting on your behal#; in the performar�ce v# your ongoing operations for the additionai insured(s} at the facation(s) designated above. However: i. The insurance afforded to such additional insured only appiies to the e�ent permittad �y faw; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additionaiinsured will noE be �rnader than that w�ich you are required by the contractor agreement to Provide for such additional insured. B. With respect to tf�e insurance a#forded to tF�ese additional insureds, the iollowing additianai exclusions apply; This insurar�ce does not apply to "bodify injury" nr "property damage" occurring after: 1. All work, incfuding materials, parts or equipment furnished in connection with such work, on tl�e project (other than service, maintenance or repairs} to be performed by or on 6ehalf of the additional insured(s) at the location of the covered operakions has been cc�mpketed: ar 2. That portion of "your work" o�t of which the injury or damage arises has been puE to its intended use by any person or organization oti�er than another contractor or 5ubcontractor engaged in performing operations for a principal as a part afthe same project. C. Wit� resAect to the insurance afforded to these additior�al insureds, the #ollowing is added to Section llf — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract nr agreement; or 2. Available under the applicable Lirnits of lnsurance shown in the i?eclarativns; whici�ever is less. This endorsement shall not i�crease the applicable Limits of �nsurance shown in the Declarativns. SCHEDULE Name Of Additional lnsured Person(s) Or Qrganiza#ion(s): All persans ar organizatians with whom you have entered into a written contract or agreement, prior ta an "occvrrence" or offense, tv provide additional insured stat�s. Location(s) Of Cavered Operatians AEi lacations as required by a written contract or agreement enkered into prior to an "occurrence" ar offense, Infarmation required to complete tnis Schedule, i# not shown above, wi41 be shown in the �eclarations, GG 2010 04'13 0 Ir�surance Services Offite, Inc., 2012 Page 1 of 7 Policy Nurnber, T62—Z91-47�905�-020 TH{S �NDORSEMENT CHANGES TWE PDLICY. PL�ASE READ IT CAREFULl.Y. COMM�RCIAL G�N�RAI. I.iAB�L.fTY ADpITIONAL INSEJR�D Et�FiANCEMENT FOR CONTRACTORS This endorsement rrsodifies insurance pro�ided under the following; CaMM�RCfAL G�N�RAL LiABILITY COVERAGE PART Index of modified items: ifem 9 item 2. Item 3. Item 1 Blanket Additionaf fnsured Where Required By Written Agreement Lessors of Leased Equipmen# , Managers or Lessors of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Contractors Architects, Engfneers nr 5urveyors Any Person or Organizatior� Blanket Additional Insured -- Grantor Of Permits Oiher Insura�c�; Amendment Btanket Additionaf Insured Where Required By WriYten Agreement Paragraph 2. of 5ectian E� — Who 1s An Insured is amended to add the foflowing: Additional Insured By Writien Agreement The follawing are insureds under the Policy when you have agreed in a written agreement to provide them coverage as additional insureds under your policy: 9. Lessars of L.eased Equipment: The persors(s) or organization{s) from whom you lease equipment, but nnly with respect to liability for "bodily injury", "property damage" or "persanal and advertising injury" caused, in whole or 9n part, by your maintenance, operatinn or use of equipment leased fo yau by such person(s} or organization(s). This insurance does not apply to any "occurrence" which iakes place after the equipment lease expires. 2. Managers or Lessors of Premises: Any manager(s) or lessor{s) of premises leased to you in which the written �ease agreement obligates you to procure additional insured coverage. Th� co��rage afforded to the additional insured is limited to IiabiGty fn connection with fhe ownership, maintenance or use of the premises feased to you and caused, in whole or in part, by some negliger�k act(s) ar omission(s) of you, your "empl4yees", your agents or your subcontractors. i'here is no GOV�F�g� fvr the additional insured for liability arising aut of the sole negligence of the additional insured or thase acting on behalf of the additional insured, except as provided belaw. If the wriften agreernent obligetes you to procure additional insured coverage for the additinnal insured's sole r�egligence, then the cvverage for the additionaf insured shall canform to the agreement, but oniy if the applicab[e law would allow you to indemnify the additional insured for liability arising out of the additional irtsured's sole negligence. LC 20 58 11 18 O 20i8 Liberty Muival Insurance Page 1 of 4 Includes copyrighted material of ]nsurance Servsces Office, Inc., with its permission. This insuranca does nat apply to: a. Any "occurrence" which takes pface a€ier you cease fo b� a tenant in tf�at premises or fo leass that land; b. Struciura� altaraiions, new cor�s#ruciion or demolitior� operations performed by or or� bet�alf of that manager or lessor; or c. Any premises fior which coverage is excluded by endorse€nent. 3, Mortgagees, Assignees or �tecei�ers: Any person(s) or organizatian{s) with respect to their liabilify as mor#gagee, assignee or receiver and arisir�g out of your ownership, maintenance or use of the premises. This insurance does no# apply to siruciural alteratians, new cansiructian and damolit'son operaiions perfarmed by or on behalf of such person(s) or nrganizaEion(s}. 4. Owners, Lessees or Contractors: Any person{s) or orgar�iza#ion(s) ta whom you are obligated #o procure additinnal insured caverage, but only with respect to liabi�ity for "bodily injury", "proper�y damage" or "personal and adver�ising injury" caused, in whoie or in pari, by your act(s} ar omission�s) or the act(s} or omission(s) pf your "employees", your agenis, or your subconfraciors, in the p�rformance af yaur ongoing aperations. This insurance does not apply fo "bodify injury", "property damage", or "personal and ad�ertising injury" arising out of "yaur work" included in Ehe "products-compleied operations hazard" unless yo�r are required to provide suct� coverag� for the additional insured by the written agreement, and then only for the period of fime required hy ihe writfen agreement ar�d only for liabilify caused, in whale or in part, by yo�r act�s) or ornission(s) 4r fhe act(s) ar omission{s) o�your "employees", your agents, or your subcontracfors, There is r�a coverage for the adcfitional insured for Eiability arising out of the sole negligence of t�e additional insured or fhose acting on beE�a�f of the additivnal insured, except as provided 6elow. If the written agreement obl€gates you to procure addiiional insured coverage fpr the additional insured's sole negligence, ihen the cpverage fpr fhe additio�al ins�red shall conform fo fh� agreement, but only if fhe applicable !aw wo�ld allaw you to indemnify the additional insured €or fiability arising oui the additional insured's sole rsegligence. This insurance doe.5 nof apply to "bodily injury", "property damage" or "personal anc! ad��rtising injury" arising out of the rendering vf, or failur� #o render, any professianal archit�ctural, engine�ring or surveying services, i�cluding: a. TFse �r�paring, approving, orfaifing to prepare orapprave, maps, shapdrawPngs, opiniar�s, reporis, surveys, fieid orders, change orders or drawings and speci�cations; or b. Supervisory, inspec#ion, architectural or engineering activities. This excl�sian applies even if the claims againaf any insured allege negliger�ce or other wrongdning in the supervision, hiring, employment, training or monitoring of other5 by that insured, if tne "occvrrenca" which caused the "badify injury" or "property damage", or the affense which caused fhe "persor�al and adveriising injury", in�olved the rendering o# or faiiure to render any professional sar�ic�s. 5. Architects, Er�gineers or Surveyors: Any architect, engineer, or surveyor engaged by you but only with respect io IiabiliEy for "bodily injury", "property damage" or "persorsal and advertising injury" caused, in whole or in part, by your act(s) ar omission(s) or the act(s) or omission(s) oi those acting vr� your bei�alf: a. In car�nection wit� your premises; or b. In th� performaRce of your ongoir�g operatians. This insuranee does not apply to "bodily injury", "property damage" ar "personal and acfvertising ir�jury" arising out of tE�e renriering of or failure to render any professianal services by �r for you, Inc�uding; LC 20 56 1'f 'i8 O 2�'[8 Liberty Mutual Insurance Page 2 of a Includes copyrighted materia] of �nsurance Services Office, lnc., wiih its permission. a. The preparing, approving, orfailing fo prepare orapprave, maps, shap drawings, opinians, reports, surveys, field orders, change orders or drawings ar�d speci#ications; or b. Supervisory, inspection, archifectural or engineering activities. �"his excfusion applies even if the claims againsf any insured allege r�egligence or other wrongdaing in tF�e supetvision, hir+ng, employrnent, training or rnonitaring af others by that ins�red, if the "oceurrence" which caused tF�e "bodi)y injury" or "praperty damage", or the of€ense which caused the "personaf and advertising injury", invoEved fhe rendering of or failure to render any prafessionaf services by or for you. fi. Any Person or prganfiation pther ihan a Joint Venture: Rny person(s) or organization(s) (ath�r than a joint venturE of which you are a r�ember) for whom you are obfigaied to procure additional insured coveragE, but or�iy with respect io liabi3ify for "bodi[y injury", "properfy damage" ar °personal and ad�ertising injury" caysed, in whole or in part, by your act(s) qr omissio�(s) or the act(s) or orrtissian(s) of those acting on y4�r behalf: a. fn the pe�rpimance of yaur ongair�g operaiions; or b. IR connecfion with premises owned by ar rented to you. ihis insurance does not appfy to: • a. Any person(s) or organization(s) more specificalfy covered in Parag�aphs �f. througF� 5. abo�e; 6, Any construcfion, rennvation, dernoiition or instaliation operations performed by or on behafi af you, or those operating on your behal€; ar c. Any person(s) or organization�s} w}�ose professian, business ar oecupatibn is #hat of an architect, surveyor or engineer with respecf to liability aris€ng aut vf the rendsring of, or failure to render, any professionaf architecfural, engineering or surveying services, incfuding: ('I j The preparing, ap�ara�ing or failing to prepare or approve, rnaps, drawings, apinions, reports, surveys, fiefd orders, change arders, designs and specifications; or . (2} Supervisory, inspection, archifectural or engineering activities. This exclusion appiies e�en if the claims against any insured a!€ege negligence or other wrongdoing in tf�e supervision, hiring, empfoyment, train�ng ar rnor�itaring of others by that insured, if the "occ�rrence" whieh caused the "k�odily injury" ar "prope�ty damage", ar the offense wh9ch caused the "personaf and advertising injury", invalved the rendering of or faiiure to render any pro%ssionaE services by ar on bef�al# oi you, or those nperating on your behalf. The insurance af�orded io sny perspn{s) or organization(s) as a� insured under ff�is ltem 1.: 1. App3ies ta the extant permitEed by law; 2, Appfies only tv the scope of �overage and the minimum 1Rmifs of insurance requireti by tha +rrritien agreerr�eni, 6ut i� no event exceeds either the scope of co�erage or #he limits af insuranc� provided by this Policy; 3. Does not apply io any person(s) or arganization(s) for any "badily injury", "property damage" or "persvnai and advertising snjury" if any of�er additiona� insured endorsement attached to this Policy applies io such person(s) or organizat'son(s) with regard ta the "bodify injury", "praperty dan�age" �r "personaf and advertisi�g injury' ; 4. AppGes oniy if the "bodily injury" or "proper#y tlamage" occurs, or the affe�se giving rise to the "personal and advertising Ir�jury" is commi#ted, subsequenf to t�e executian of the wri4ten agreement; and 5. AppEies only if the writien agreement is in effect at the time the "badily injury" or "p�operty damage° occurs, ar at t€�e time the offense gi�ing rise to fhe "personal and xdverfising intury" is camrnitted. LC 2Q 58 19 '!8 O 2018 Liberty Mutual lnsurdnce Page 3 af 4 fncludes copyrighted maferiai oi Insurance Services Qf('�ce, Inc., with 'sts permission. Iterxt 2. Bfanke# Additiar�af Insured — Grantar Of Permiis P�ragraph 2. of 5ection fl -- Who Is An lnsured is amended to add the fallawing: Any stafe, municipal+ty or politieal subdivision tF�at has issued you a permit in connection with any operations perFormed by you or on your behalf, ar in cannection with pr�misss you awn, rent or cos�tro�, ar�d #o which th€s insurance ap�fies, buE only to th� extent t€�af you are reQuired io provide adcfitional insured status #o the state, municipality or political subdivisior� as a condi#ion of receiving and rnaintaining the permit. Such siaie, m�rnicipality ar politicas subdivisEon that has issued you a permit is an insured oniy with respect fo their fiabilify as granfor of such permit to you. However, +n�ith respect fo the state, munici�ality or political subdivis9on: 1. Coverage wifl be no brqadar than requireci; and Z. Lirnits of insura�ce wifl not exceed the minim[�m limits of insurance req�ired as a condition for receiving or maintaini�g #he permif; but neither the scape o# coverage nor the Nmits of insurance wiff exceed ihose provided by this Policy. This ins�rance does not apply to; 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of o�erations performed for the state, rnunicipaEity or political subdi�ision; 2. Any "badiiy injury" ar "Properfy damage" included within fihe "products-camplefed operations hazard°, except when required by writte� agreement initiated prior tn Ioss; or 3. "8odily injury", "property damage" or "personal and advertising injury", un�ess negfigently r,�used, in whole or in par�, by yot� ar those acting nn your behalf, Item 3. qiher insurance Amendment If you are obfigated under a wri;ten agreemen# to pravide liability insurance on a primary, excess, continger�t, ar any other basis for any person(s) nr arganizafivn(s) that qualifi�s as an additional insured an this Policy, this Policy wiiE apply solely on #he basis re�uired by such written agreement and I'aragrapF� 4. i7iF�er Insurance of Section fV — Corrtrt�erciai Generaf Liability Condi#iQns wi3i nai apply. Where the app�icabfe written agreement does not specify on whaf basis the liability insurance wi�E apply, i�e provisions af Paragraph 4. Other Insurance of Secttan IV -- Comrnercial General E.iability Conditions will appfy. Nawe�er, this insurance is exeess over any ofher insurance available fo the sdditivr�al insured for which i# is afso covered as an additional insured for the same "occurrence", claim or "suit". !C 24 58 44 9$ O 2018 Liberfy Mutual fnsurance Page q oi 4 Includas copyrighted maferial of tnsurartce 5ervices O�ce, Ina., with its permission. Poficy iVumber: i62-Z91-A71905-020 Issued hy Lii�erty Mutual Fire Insurance Co. THIS EN!]ORSEMEN7 Cl-IAIVGES THE POLICY. PLEAS� READ !T CAi2�FlIL�Y. COMMERGIAL GENERAL LIAB[LiTY ENI-EANCHMENT FOR CON7FtAC70RS This endorsement modi#ies insurance protided under tl�e following: GOMMERCIAI. GENERAL LIABI�.ITY COVERAGE PART Index of madified items: ftem 'I. Item 2. Item 3. Item 4. ltem 5. Item 6. Item 7. Itetn 8. Item 9, liem tD. liem 1�. ftem '12. I#em 'i3. liem Z4. Reasonable Force Nor�-Owned Watercratt Extension E]amage To Premises Rented To You —�xpancled Coverage Bodily Injury 7o Ca•Empioyees Health Care ProfessiortaEs As ]nsureds Knowledge Of Occurrer�ce �r Offense 1�lnliCe Of Occurrence Or Offense Uninteniional Fail�are To Discfose Badiiy Injury Ftedefined Supplamentary Payments — increased Limits Property In Your Care, Custody Or Controf Mobile �quipment Redefined New[y Forrned Or Acquired Entiiies Waiver Of Right �f �ecovery By Written Cantract Or Agreemer�t Item 1. Reaso�abfe Force �xclusion a. af Section f� Coverage A— BndiEy lnjury And Property Damage �iabifity is replaced by t�e following: a. Expected Or Intended lnjury "BodiEy injury" or "property damage" expected or intended from the sEandpoint of the insured. This exc[usian does not apply to "bodily injury" or "property damage" resulting from the use of reasanabie €orce to protect persons a► property. Item 2. Non-Owned Watercraft Extension Paragraph (2) of Exclusion g, af Sectian i— Coverage A— Sodily Injury And Property Damage Liabifity is replated by thefollowing: (Z) A watercraft you da not awn thak is: (aj Less than 55 feet iong; and (b) Not being used to carry persons or property for a charge; Item 3. Aamage To Premises Rented To Yau — Expa�ded Goverage A. The final paragraph of 2. Exclusions af SecEian f-- Coverage A— 8odily Ir�jury And Property Damage Liability is replaced by the fallowing: LC32199'E11B �02018LibertyMutual Insurance Page 1 of 5 Includes copyrighted materia[ of Inst�rance 5ertices Office, Inc., with its permission. Exclusiortsc, ti�rough n. do not apply to darnage byfire, fightningor explosio�or subsequerttdamages resulting from such fire, ligh#ning ar explosian including water damag� to premises whife rented to yau or tem�orariiy occupied by you with permission ofi the owner. A separate fimi[ of insuran�� applies to tf�is cnverage as described in5eciion ilI — Limiis Of Insurance. B. Paragraph 6, of Secfian lfl -� Limits Of ins�rance is replaced by the faflowing: 5. 5ubject to Paragraph 5. above, fhe Damage To Premises Rent�d To You Limi# is the most we wvilf pay under Coverage A for darrtages because of "pro�erty darriage" to any one prerrtises, while renied io you, ar in ths case of damage byfre, lightning,explosionor subsequentdamages resuftingfrom suchfire, lightning or exg[asion incfudi�sg water darr►ag� ta pr�m':ses w�ife rented to ynu or tempnrarily accupied by yau with permissian of the owner. ihe Damage To Premises Rented 7a Yau Limit is the greater of: a. $300,000; or i�. The Damage To Prernises Rented To Yo� LirrEit showr� orf the �eclaraEioRs. C. Paragraph 9,a. of the definition of "ins�red contract" ir5eci�on V— Definitions is replaced by the followirtg: a. A contraci for a lease of premises. However, #ha# partion of the contract far a iease o�f premises tf�at indemnifies any person or organizatio� for damag� by fire, ligi�tning, explosion or subsequer€t damagss resulting frarn such �ire, lightning or ex�fosion including water darrsage to premises whiEe rented #o you or ternporarily occe�pied by you wikh perrni5sion cifie owner is not an "insured contract"; b. 'Che paragraph immetiiatelyfoffowing Paragraph (6) of Exc�usion j. o� 5�ction !-- Coverage A— �odily inj�ry And Property Damaga Lfability is re�laced by the folEowing: Paragraphs (1}, (3) artd (4) o€ this exclusion do not appfy to "praperty darnage" (oEher fhan darnage by fire. tigF�fnir�g or explosion or subsequent damages resulting from such fire, lightning ar explosian €nc(uding water damage) io premises, includir�g the cor�ients of such premises, rented to ynu for a period of seven or fewer corssecuti�edays. A separate limitof insuranceappi9es to Damage To premises Rented To You as described in Sectian ill -- Limits of l�surance ]terr� 4. Bodily Enjury 7o Co-Ernp�oyees A. Paragraph 2. of Section II -- Whv Is An tnsured is amend�d #o include: Each of the folfawing is a�so an insurecE: Your "employees" (other tF�an either yo€�r "executive affcers" {if ynu are an organization other than a partnership, jointventure or limitedliabi�itycompany) or your ma�agers (if you are a Iimitedliabilitycompa�y)} or "volunteer workers"are insuredswhilein the courseflf their employmenior whilepe�formingdutiesrelated ta the conduct of your business wikh respect ta "bodily injury": (4) To yau; (2) To your partners or mernbers (if yocs are a partnership orjoint venture); (3j To your members (ifyou are a lirni#ed fiabiEfty company); or (4) To a co-"employee" or "volunteer warker" whiEe that co-"employee" or "volunteer worker" is eiFher in the cnurse af his or her employmenkby you ar whi]eperForming duties related to the conductof yaur business (including participation in any recreational activ�ties sponsvred by you). Paragraph �.a.('�)(a) of Section EI — Whn fs An Insured dves not apply to "bodiiy ir�jury" fvr which insurance is pravided bythis paragraph. LC 3z'i99 11 18 (� 2018 Liber[y Mutuai fnse�rance Page 2 0# 5 Includes copyrighted material of fnsurance Services O�ce, Inc., with its permission. B. ihe ins�rance provided by t�,is Item 4. for "bodily injury" ta a co-"employee" or "�oi�nteer worker" wifl not appfy if the injured co-"ernployee's" ar "volunteer worker's" sofe re�nedy for such injury is provided under a workers' corn�ensafian law or arsysimiiar law, C. Qtherinsurance The insurance provided by #his !#em �, is excess over any other valid a�d cofEectible insurante availabfe to the insured, whether primary, excess, contingent ar on any other 6asis. Item 5. �leaEth Gare P�ofessionals As insureds A. Paragraph 2.a.(1)(d) of Section If — Who Is An Insured is rapiaced by the following: {d) Arising out of his or her providing or failure to prov�de professional health care services. However, any "emplayee" or "vnlu�keer worker" of the �Vamed Insured whQ is acting as a Good Samari#an in response to a pub(ic or medica[ emergency or who is a"designated health care provider" is an insured with respact ta "I�adiiy injury" and "p�rsonal andadvertising injury" that: (i) Arises au# of the providing of or iaifure to provide profiessional healih care ser�ices; and (ii) Occurs in the course of and within the scope of such "employee's"or "vo{unkeer work�r's" employment by the Named Ensured. B. W ith respect to "empfayees" and "volunteer warlcers" providi�g professional healtn care services, the followving excft�sions are added to Paragraph �. Exc[usions of Section i-- Coverage A— Bodi�y injury And Praperty Damage Lia6iiity and Paragraph Z. Exclusions of Section t— C[�veraye H— Rersonal And Adverkising injury l,iability: 7his insurance does nat appiy ta: ('t) �.iability assumed under an "insured contract" or any ather contract or agreement; {2} Liabifity arising out af tFte pravidiRg of professiqnal heaEth care sertices in rrtolation of law; (3) Liabiiityarising out af the providing of any pro#essional healt� care services while in any degree under the infiuence ofintoxicants or narcotics; (4) Liabifity arising o�t of any dishonest, frauduient, malicious or knowir�gly wrongfuf act oriaiEure to act; or (5j Punitive ar exemplary darnages, fines or penalties. C. The foflowing definition is added t�ectian V--Clefinitions: "�esignated health care provider" mea�s any "employee° or "valunteer warkar" flf the Narned Ensured w�ose duties inclvde protiding professional heaith care services, inclucEing but not limited to doctors, nurses, emergency medica[ technicians odesigna#ed first aid personnel. D. OiF�er Insura�ce The inst�rancE provided by this [tem 5. is excess over any other vafid and callectible ins�rance available to the insured, whether primary, excess, contingent or on any other basis. Item 6. Knowledge Df Occurrence Or Of�ense Knowledgeof an "vCCurrence" or of€ensa by youragertt, servant or "employee" wi!! nat in itselfconstituteknowledge by yn� unless yo�r "executive oifiter° or "employee" designated by you io notify us of an "occurrence" or offense has knowledge of the"occurrence" or offense. LC 32 199 11 18 � 2018 Liberty Mutual Insurance �age 3 of 5 Incluties copyrighted material af Insurance Services O�ce, Inc., with its permiss'son. �iem 7. No�ice Of OCcurrence Or Offense For purposes of F�aragrapi� Z.a. af Section fV — Commercial General Liability Conditions, yau refers to your "executi�e officer"or °employee" chat you have designated to gi�e us notice. �tem 8. Unintentianal Failure To Disclase UnintentEor�alfailure of ihe Named Insured ta disclosea[I hazards existingatthe inceptiona� this Policyshalf nat be a basisfor denial vf any co�erage afForded by this Policy. However, you mustreport such an error or omission#o us as soon as pr�cticabieafter its discovery, ihis provision does not af#ect our r'sght ta callect additional premium or exercis� our righY of cancel[etion or n�n-renewal. Item 9. Bodiiy Injury Redefined The d�finition of "boclily injury" ir�ectiort V-- Definitions is replaced by the foflnwinq: 'Bodiiy inj�ry° means: a. Bodily injury, sicknessor disease systainedby a person, i�cludingdeath rQs�lting from any of these at any time; and b. Mental anguish, shock or humiliation arising oui of injury as definecf in Paragraph a. above. Menta] anguish means any iype ofinental ar eFnoiio�€al illness or distress. [tem 10. Supplementary Payments — Increased LimP#s f'aragraphs 7.b. arsd '�.d. of Section E— 5upplementary Paymerrts — Coverages A And B are re�laced by the following: E�. Up to $3,a0Q for the cost of bail bonds reguired because af atcidertts or traffic iaw viola#ior�s arising ovt of the use of anyvehicle to wt�ich 8odi[y Injury Liability Coverage appiies. We do no# have to furnish these bonds. d. All reasonable expenses incr�rred by the ir�sured at aur request to assistin #he investigaiion or defense vf �i�e clairn or "suit",including actual loss af earnings up to $500 a day because nf time off from work. Gtem '11. Property !n Ya�r Care, Custody br Contro! A. Paragra�hs (3) and (4) of Exclusion j. of 5ection I— Coverage A— Bodily lnjury Ar�d Property Damage Lia6��iiy are delefed, �3. AdditioRal �xc[usion Coverage provided by ihis endorsefnent does not app9y ta "property damage" to pro�erty whife in transit. C. Limits of lnsurar�ce Sui�ject ta Paragraphs �., 3., and 5. of Settion !Il — Lirrtits Of lnsurance, the most we will pay for insurance pravided by ParagraphA. above is: $i�,000 Each Occurrence Limit $75,000 Aggregate Limit ihe Each �ccurrersce �imitfor this coverage applies to aH damages as a result of any one "occurrence" regardless of thenurrsber of persons or organizations wha sustain damage because of that "occurrence". The Aggregate Limit is the rtzost we wili pay for the sum of all darnages under tf�is ltem 91. LC 32 '[99 1'1 18 @ 2078 Liberty Mutuai Ensurance €'age 4 of 5 fncludes eopyrighted matErlal of Insurance Serrices afftce, Inc., with its permission. D. Ofherinsurance "fhis insurance does noi apply to any partian of a foss for whichthe insured has avaifable any other valid and callectible insurance, whether primary, excess, contingent, or on any oti�er basis, unless such other ir�suran�e waa s�ecifca�fy pur�hased by the insur�d to apply in excess of this Policy. Etern y2. Mobile EquipmenY f�edefined The definition of "mobile equipment" in Section V— ae�nitions is amended to inclucie self prvpelled vehicies with permanently attached equipment less than i ODO pounds gross �ehicle weight that are primarily designed for: ('i) Snow rerrsovai; (2) Road maintenance, bu# not construction or resurFacing; or (3j S#reet cfeaning. Howe�er, "mabiie equipment" does not include fand �ehicfes that are subject to a compulsory or financial respansibilityiaw or ather motor ve�icle insur.ance law where such vehicles are licensed or principafly garaged. Land vehicles subject to a campulsory or financial respansibility law or other mator vehicle insura�ce law afe cansidered "autos". [iern 13. New[y �ormed Or Acquired Entities A. Paragra�ah 3. of Section II -� WF�a Es An lnsured is replaced by t€�e fo€fawing: 3. Any organization you newlyacquire o► form, other than a partnership or jointven#ure, and o�r which you maintainmajorityownershipor rr�ajorityinterest,wi�iqualifyas a Named lnsured if there is no other similar insurance available to that orga€�izatian Nowever: a. Coverage t�nder this provision is affarded only until: {4 ) Ti�e i$OEh day after you acq�ire vr form the flrganization; (2) 5eparate coverage is purchas�d far the organization; or �3j The end of the policy period whichever is earlier; b. 5ection i-- Co�erage A— SodiEy Injury And i�roperty Damage Liabifiiy does not appfy to "6odify injury" or "propertydarnage" that occurred befiore you acquired or formed the arganizaEion; and c. Section E— Co�erage B— i�ersonal And Ad�ertising In�ury l.iabiliiy does not apply to "personal and acEverfising injury"arising out o€ an offense commiited t�efore you acc�uired or �ormed the organization. B. The insurance afForded ta any arganization as a Named Insured under this ltem 13. does not app3y if a Braad �orrn Named lnsuredendarsement aEtacheeE to this Policy applies ta that organization. liem 14. Wa��er Of Right bf Reco�ery By Written Gontract Or Agreement The fnl[owing is added to Paragraph 8. Transf�r Of Rights Of Fteco�ery Against Others To Us of Section IV -- Comrnercial GeneraE Lial�ility Conditians: We waive any right af recovery because o# payments w� make under this Policyfor injury or damage arising auk of your ongoing operations or "your work" included in the "praducts-compleCed o�eratians hazard" that we may Fsave againstany person or organization wi#h whom you ha�e agreed in a writien contract or agreement to wai�e yaur rights of recovery buE only if the "bodiiy injury" ar "properry darnage" occurs, or ofFense giving rise to "persona[ and advertising injury" is committed s�bsequent to the execution af the written contract or agreement. �� 32 1gg �� �g p�p18 Liberty iVlutual Insurance Paga 5 of 5 lrscludes cppyrighEed materiaf of lnsurance Services OfFce, Inc., with its permission. Policy Number: AS2-Z91�-4719�5-a30 THIS ENDORSEMENT CMA{�GES THE POLICY. PLEASE READ IT CAREFLiLLY. �E$1GNATED INSIlRED - NOf�C4NTR[BUTING ihis endorsemeni modifies insurance provided under the fol[owing: BUSINESS AUiO COVERAGE �ORM GARAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRUCKERS COVERAGE FORM With respect to coverage pro�ided by this endorsement, the provisions of the Coverage Form apply unless madified by this endorsement. This endorsement identifies person(s} or organization(s} who are "insureds" under the Who Is An Insured Pro�ision of the Co�erage �'orm. ihis endorsement does not alter caverage pra�ided in the Coverage form. 5chedule Name of Person(s) ar 4rganizations(s): Regarding Designated Contract or Project: �ach person ar organizaiion shown in ihe Schedufe af this endorsement is an "insured" for Liability Co�erage, but only to the extent that person or organization q[aalifies as an "insured" under the Who ]s An Insuret[ Provision cantained in Section I1 of the Coverage Form. 7he fallowing is added to the Other Insurance Condition: ff you ha�e agreed in a written agreerr�ent that this policy will be primary and without right of contribution from any insurance in force fior an Additional [nsured for liabifity arising out of ya�r operations, and the agreement was executed prior to the "bodily injury" or "property damage", ihen ihis insurance will be primary and w� wi!] not se�k contributian from such insurance. AC 84 23 08 11 O 2{f1D, Liberiy Mutua[ Group of Companies. All rights reserved. Page 1 of 1 Includes c�pyrighted material af Insurance Services OfFice, Inc. with its permission. Policy Number : AS2-Z9'f-4799�5-03� THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO ENHANC�MENT �NDORSEMENT This endorsement modifies insurance pro�ided under the fo[fowing: BUSINESS AUTO COVERAG� �ORM I. 11. 111. IV. V. VI. VII. VlI1. IX. X. XI. XII. Xfll. X[V. XV. XVI. XVII. XVIII XIX. XX. XXI. XXIi. XXII[ IVew[y Acquired ar FQrmed Organizatiorts Empfoyees as Insureds Lessar - Additionai Insured and Loss Payse Supplementary I'ayments - Increased Limits Fellow Employee Co�erage Persanal Praperty of Others Additional7ransportaiion �xpense and Cost to Recaver S#olen Auto Airbag Co�erage Tapes, Recorc[s and Discs Co�erage Physical Damage Deductible - Single beductible Physical [�amage E�educfible - Glass Physical �amage �eductible - Vehicle Tracking 5ystem Duties in E�ent of Accident, Claim, 5uit or Loss Uninteniional Failure to Disclosa Hazards Worldwide Liability Cov�rage - Hir�d and Nanowned Autos Hired Auto Physical Damage Auto Medical Payrr�ents Coverage Increased Limits Drive Other Car Coverage - Broadened Coverage for Designated Individuals Rental Reimbursement Coverage �Iotice of Canceflation or Nonrenewal LaaNLease Payoff Co�erage Limited Mexico Co�erage Waiver of Subrogation I. N�WI.Y ACQUIR�Li OR FORMED ORGAN[ZATIONS Throughout this policy, the wards "you" and "your" also refer to any organization yau newly acquire ar form, other fhan a parEnership or joint venture, and over which yau maintain ownership of more than 50 perceni interest, pravided: A. There is na sirr�ilar insurance a�ailable to that organizatian; B. lJnless you notify us to add co�erage to your policy, the coverage under this provision is afforded only uniiL• 1. The 9Dth day after you acquire or form ihe arganization; or 2. l"he end of the policy �eriod, whiche�er is earlier; and C. The co�erage does not apply fo an "accident" which occurred before you acquired or formed the organiza#ion. AC 84 07 '11 1T O 2Q17 Liberty Mutual Insurance Page 1 of 1 Q ]ncludes copyrighted material of Insurance Services Office, ]nc., with its permission. II. �MPLOY�ES AS INSUR�DS Paragraph A.1. Who Is An Insured of SECTION II - COVER�b AUiOS LIABELi7Y COVERAGE is amended to add the following: Your "employee" is an "insured" while using wi#h your permissian a covered "auto" you do not own, hire or borrow in your business or your personal affairs. lll. LESSOR - ADDIiIONAL INSURED AND L.OSS PAYEE A. Any "leased auto" wiq be consid�red an "auta" you own and not an "auta" you hire or �orraw. Th� co�erages provided under this section apply ta any '9eased auta" until the expiraiion date of this policy or untiE the lessor or his ar her agent takes poss�ssion af the "leased auto" whichever occurs first. B. For any "leased auto" that is a cavered "auto" under S�CTIQN II - COVER�D AUTOS LIABILii"Y COVERAG�, l�aragraph A.1. Who Is An insurecf �rovision is changed to include as an "insured" ihe lessor of the "leased auto". Howe�er, the lessor is an "insured" only for °bodi[y injury" or "property damage" resulting from the acts or amissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, excepf ihe Eessor or any "employee" or agent of the lessor, operating a"Eeased auto" with the permission of any of the aba�e. C. Loss Payee C[ause 1. We wiii pay, as interests may appear, you ancf the lessor of tha "leased auta° for °loss" to the co�ered "leased auto". 2. The insurance ca�ers the interest of the lessor ofi the "leased auta" unless the "loss" resu[ts frotr� fraudulent acts or omissions on your part. 3. If we make any payrnent to the lessor of a"leased auto", we wiEl obtain his or her rights against any oiher pariy. D. Cancel[ation 1. If we cancel the policy, we will maii notice ta the lessor in accordanc� with the Cancellation Common Po[icy Condiiion. 2. If you cancel the policy, we will mail natice to th� lessor. 3. Canceflation ends this agreement. E. The lessor is not liable for payment of your premiums. F. For purposes of this endorsement, the following definitions apply: "Leased auta" means an "auto" which yo€� ]ease for a period of six months or langerfor use in your business, including any "temporary substitute" of such "[eased auto". "Terr�porary substitute" means an "auto" that is furnished as a substitute for a cavered "auto" when the co�ered "auto" is aut of ser�ice because of its breakdown, repair, serrricing, "loss" or destruction. AC 84 07 '['1 't7 OO 2017 Liberty Mutual [nsurance Page 2 of 10 Includes copyrighted materiai of Insurance Services Office, Inc., with its permission. IV. SEfPPLEMENiARY PAYMENTS - INCREASED LIMITS Subparagraphs A.2.a.(2) and A.2.a.(�l) of SECTION il - COV�RE� AUTOS LIABILITY COV�RAG� ar� deleted and replaced by the following: (2) Up to $3,0�0 for cost of bai[ bonds (including bonds for related traffic law vialations) required because of an "accident" we cover. We do not ha�e to fumish these bonds. (4) A[f reasona�le expenses incurred by the "insured" at our request, including actual loss of earnings up to $5�0 a day because of time off from work. V. F�L.I.OW �MPLOYEE C�VERAG� A. Exclusion B.S. of SECi'ION II - COVEREa AUl'OS LIABILITY COVERAGE does not apply. B. For the purpose of Fellow Employee Coverage onfy, Paragraph B.S. of SECifON IV - BUSINESS AUTO CONDIT101VS is changed as fo[lows: This Fellow �mployee Coverage is excess o�er any other coilectibfe insurance. VI. PERSONAL PROP�RTY OF O�'H�RS Exclusion 6. in SECTION II - COVERED AUTOS LIABILITY COVERAGE for a ca�ered "auto" is amended to add the following: ihis exclusian does not apply to "property darnage" or "covered pollution cost or expense" involving "personal property" of yaur "employees" or others whila such property is carried by the cavered "auto". 7'he Limii of ]nsurance for this coverage is $5,000 p�r "accident". Paym�nt under this coverage daes not increase the Limit of Insurance. Far ihe purpose of this section of this endarsement, "p�rsonal property" is defined as any property that is not used in the indi�idual's trade or business or held for the productian or collection af income. VIL AE�DI710NAL TRA1dSPORTATION �XPENS� AI�D COST TO R�COV�R SiOL�N AUi'O A. Paragraph A.4.a. of SECTION I[I - PHYSICAL DAMAGE COVERAGE is amended as follows: The amount we wi]] pay is increased to $�0 per day and to a rnaximum limit of $1,000. B. Paragraph A.4.a. of SECTION I[I - PHYSICAL �AMAGE COVERAGE is amended to add the fol[owing: If your business is shown in fhe �eclaratians as someif�ing other than an auto dealership, we will also pay up to $1,000 for reasonable and necessary costs incurred by you to ret�rn a stolen co�ered "auto" from the piace where it is recovered to its usual garaging location. Vlll. AIRBAG COVERAGE Excl�asion B.3.a. in SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended to add the follawing: This exclusion does not apply to the accidenfal discharge of an airbag. IX. TAPES, RECORDS AND D[SCS COVERAGE Exclusion B.4.a. of SECTION III - PHYSICAL �AMAGE COVERAGE is deleted and replaced by the fallowing: a. Tapes, records, discs ar other similar audio, �isual or data electronic devices designed for use with autfio, visual or data electronic equipmer�t except when the tapes, records, d�scs or other simElar aud�o, visual or ciata electranic de�icas: AC 84 07 1'[ 17 O 2017 Liberty Mutual Insurance Page 3 of 10 Includes copyrighted rriateria[ af Insurance Services Offce, lnc., wi#h iis permissian. (1) Are yaur property or that of a family member; and (2) Are in a co�ered "auto" at the time of "Ioss". The most we will pay for "loss" is $200. �[o Physica] Damage Co�erage deduciible applies to this co�erage. X. PHY5ICAL DAMAGE �EDiJCTIBLE - SINGLE DEDUCTIBLE Paragraph D. in SECTION IIl - PHYSICAL CiAMAGE C�VERAGE is deleted and replaced by the fiallowing: b. beductib[e For each covered "auto", o�r ab[igation to pay for, repair, return or replace damaged or stolen property wifi be reduc�d by the applical�le deducti}�le shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declara#ions does not apply to "loss" caused by fire or [ightning. When fwo or rnore covered "autos" susiain "loss" in the same collision, the tatal of all the "loss" for all the in�olved covered "autos" will be reduced by a single deductible, w�ich will be t�e larg�st of ali the deduciibies applying ta ali such co�ered "autos". XI. PHYSICA� DAMAG� D�DUCTIBL� — G�.ASS Paragraph D. in SECifON Ill - F�HYSICAL DAMAGE COVERAGE is amended io add the following: No deductible applies to "loss" to gfass if you elect to patch or repair it rather than replace it. Xli. PHYSICAL bAMAGE DEDIiCTI6LE - VEHICLE TRACKING SYS7EM Paragraph D. in SECTiON III - PHYSICAL DAMAGE COVERAGE is amended io add: Any Comprehensive Coverage Deductible shown in the Dec[arations wif! be reduced by 50% for any "loss" caused by iheft if the �ehicle is equipped witE� a vehicle tracking de�ice such as a radio tracking device or a global posi#ioning de�ice and that de�ice was the method of recovery of the �ehicie. XI[I. QUTIES IN EVENT OF ACC9DENT, CLAIM, SL;IT OR LOSS Subparagraphs A.2.a. and A.2.b. o# S�C'iION IV- BUSIN�SS A11T0 CONDI710NS are changed to: a. En the e�ent af "accident", cla�m, "suit" or "foss", your insufance manager or any other person you d�signate must noiify us as soan as reasanably possible of such "accidenf', claim, "suit" or "bss". Such notice must include: (1) How, when and where the "accident" or "loss" occurred; (2j The "insured's" name and address; and (3) To the exient possible, the names and addresses of any inj[ared persans and witnesses. Knawledge of an "accident", cfaim, "suit" or "loss" by your agent, servant or "emplayee" shal[ not be considered knowledge by you unless yau, your insurance manager or any athar person you designate has received notice of the "accident", claim, "suit" or "loss" fram your ageni, servant or "employee". b. Additionally, you and any oEher in�olved "insured" must: (1 j Assume r�a obligaiion, make no payrr�ent ar incur no expense without our consent, except at the "insured's" own cosi. AG 84 07 11 1T O 2017 Liberty Mutual Insurance Page 4 of �0 Encludes copyrighted material of Insurance Services Of#ice, Ir�c., with its perrnissian. (2} Immediately send us copies of any request, demand, order, notice, summons or legal Paper received coneerning the claim or "suiY'. (3) Cooperate with us in the in�estigation or settlerrtent of the claim or defiense against the "suit". {4j Authorize us to obtain medical r�eords or other p�rtinent informatior�. (5) 5ubmit to examination, at our expense, by physicians of our chaice, as often as we reasonably require. XIV. UNINTENTlONAL FAILURE TO DESCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSINESS AUTO CONDITIONS is amended to add the following: Any unintentional failure to discfose alf exposures or hazards existing as of ihe effecti�e date af the Susiness Auto Co�erage Forrr� or at any time during the policy period wilf not in�alidate or adverse[y affect the co�erag� for such exposure ar hazard. F[owever, you must report the undiscfosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORL�WIDE LIABILITY C�VERAGE - HIRED ANQ NONOWNED AUTOS Condition B.7. in SECTION IV - BUSINESS AUTO CONDITIONS is amended fo add the follawing: For "accidents" resulting from ihe use or o�eration of covered "autos" you dfl not awn, the co�erage territory means all parts of the world sUbject to the follawing pro�isions: a. [f claim is made or "suit" is brought against an "insured" outside of the United States ofArnerica, its territories and passessions, Puerto Rico and Canada, we shall have ihe right, bui not the duty to in�estigate, negofiate, ancE settle or defend such claim or "suit". If we do not exercise that right, the "insured" shall have the duiy ia in�estigate, negotiate, and set�le or defend the claim or "suit" and we will reimburse ihe "ir�sured" for the expenses reasonably incurred in connection with the investigation, settlsment or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of reimbursement. The "insured" shalf pro�ide us with such informafion we shall reasortably r�quest regarding st�ch claim or °suit" and i#s in�estigation, negotiation, and seiilernent or defense. i"he "insured" shall €�ot agree to any settlement of #f�e claim or "suit" withot�t our cansent. We shall not unreasonabiy withhold consent. b. We are not licensed ta write insurance outside of th� United 5tates ofAmerica, iis territaries or passessions, Puer�o Rico and Canada. W� will nat furnish certificates of insurance or ofher evidence of insuranca yau may need for the purpose of complying with the laws of other couniries relating to auto insurance. Failure to corr�ply with the auto insurance laws af ather countries may result in firtes or penalties. This insurance does not apply to such fines or penalties. XVI. HIRED AlJTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Co�arage for Hired ar Borrowed A�tos, the following wi[E appiy: A. We will pay for "loss" under Corrtprehensive and Col9ision ca�erages to a co�ered "auto" of the private passenger type hired witF�out an operator for use in your business: AC 84 07 �t1 97 O 2017 Libe[ty Mutual [nsurance Page 5 of 10 Includes copyrighied material of ]nsurance Services Offce, Inc., with its permission. 1. The rr�osi we will pay for coverage afForded by this endorsement is the Eesser of: a. The actual cast to repair or replace such co�ered "auto" with other property of [ike €cind and quality; or b. The actual cash value of sucF� co�ered "auto" at the tirne of the "loss". 2. An adjustment for depreciation and physical condition wilf be made in determining actual cash value in the event af a total "ioss". 3. If a repair or replacement rescalts in betier than like kind or quality, we will not pay for the amount of the betterment. B. For each co�ered "autn", our obligation to pay for, repair, return or replace the covered "auto" will be reduced by any deductibfe shown in the Declaraiions that applies io pri�ate passenger "autos" that yau own. If no applicable deductible is shown in the Declaraiions, the deducfibfe wil] be $250. [f the Declarations show other deductibles far Physica] bamage Coverages for Hired or Borrowed Autos, this Section XVI of this endors�ment daes not apply. C. Paragraph A.4.b. of SECTION Ili - PHYSICAL DAMAGE COVERAGE is repEaced by the fol[owing: b. Loss of Use Expenses For Nired Auto Physical Damage provided by this endorsement, we will pay expenses far which an "ir�sured" becomes legally responsible ta pay for loss of use of a pri�ate passenger �ehicle rented or hired without a driver, under a written rentaf contract or agreement. We will pay for loss of use expenses caused by: (9 ) Other than collision only if the Declarations indicate that Compreh�nsi�e Coverage is provided for any covered "auto"; (2) Specified Causes of L.oss only if the Declarafions indicate that Specified Causes af Loss Coverage is provided far any eo�ered "auto"; or (3) Collision only if the Declarations int[icate that Col[ision Coverage is provided far any cavered "auto". Howe�er, the most we will pay untEer this co�erage is $30 per day, s�bject to a maximum of $900. XVII. AUTO MEQICAL PAYMENTS COVERAGE -[NCREASED LiMITS For any covered "loss", the Limit of Insurance for Auto Medicai Payments will be double t�e limit shown in the Declarations if the "insured" was wearing a seaf beit at the time of the "accident". This is the maximum amount we will pay for all covered medical expenses, regardless of the number of co�ered "autos°, "insureds", premiums paid, claims made, or �ehicles involved in the "accident". If no limii of insurance for Auto Medical Payments is shown an the Declarations, ihis paragraph Section XVI I of this endorsement do�s nat appiy. XVI[I. DR1VE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESIGNATED [NDIVIDUALS A. This endarsement amends only those co�erages indicated with an "X" in the Drive Oth�r Car s�ction of the Scheduie to this endarsement. B. SECTiON 11- COVERED AUTOS LIABILITY CDVERAGE is amended as follows: 'i. Any "auto" yo�a don't own, hire or borrow is a covered "auta" for Liability Coverage while being used by any individual named in the Drive Other Car section of the Schedule to this endorsement ar by his or her spouse whi[e a resident of fhe same houseF�old excepf: AC 8A b7 11 17 OO 2017 l�iberty Mutual Insurance Page 6 vE �0 lncfudes copyrighted material of Insurance Services Of#ice, ]nc., with its permission. a. Any "auta" owned by that indi�idual or by any member of his or her household; or b. Any "auto" used by that indi�idual or his or her spouse wf�ile working in a business of seffing, servicing, repairing or parking "autos". 2. The following is added to Who Is An Insured: Any individuaE named in the Dri�e Other Car section of tE�e ScheduEe to this er�dorsement and his or her spouse, while a resident af ihe same househoEd, are "insureds" while usir�g any co�ered "auto" described in Paragraph B.1. of this endorsement. C. A€�to Medical Payments, Uninsured Motarist, and Underinsured Matorist Coverages are amended as foliows: The foflowing is added to Who Is An Insured: Any indi�idual named in the �ri�e Other Car section of the Schedule fo this endorsemeni and his or her "fami{y members" are "insured" while "occupying" or while a pedestrian when siruck by any "auto" you don't own except: Any "auto" owrted by that individual or by any "fami[y member". �. SECTION III - PHYSICAL bAMAGE CQVERAGE is changed as foilows: Any private passenger type "auto" yo� don't own, hire or borrow is a co�ered "a�to" while in the care, custady ar control of any individua[ named in the Drive Other Car section of the Schedufe to this endorsemenf or his or her spouse while a resident of th� same household except: 1. Any "auto" awned by that individ€�al or by any member of his or her househald; or 2. Any "auto" used by that individual or his or her spause whife workiRg in a business of seliing, servicing, repairing or parking "autos". E. Far purposes of this endorsement, SECTI�N V- QEFIMTIONS is amended to add the follow�ng: "Famiiy rnem6er" rtteans a person re�aied ta the indi�idual named in the Drive Ofher Car section of the Scheduls to this �ndorsemen# by bload, marr�age or adoPtion who is a resident of the indi�idual's househald, including a ward or foster child. XIX. RENTAL REIMBURS�M�N7 C4VERAGE A. For any owned cavered "auto" forwhich Coilision and Comprehensi�e Coverages are pro�ided, we wiq pay for rental reimbursement expenses incurred by you for the rental of an "auta" because of a covered physical damage "loss" to an owned covered "auto". Such payment applies in additior� to the otherwise applicab[e amount of physical damage coverage you ha�e on a co�ered "auto". No deductibles app[y ta this co�erage. B. We will pay only for thase �xpenses incurred during ihe policy period beginning 24 hours after the "loss" and ending with the earlier af the returr� or rapair of the covered "auto", or the exhaustian of the coverage limit. C. Our payment is [imited to the lesser of the followiRg amounts: 1. �iecessary and actua[ expenses incurred; or 2. $30 per day with a maximum of $900 in any one periad. AC 84 0711 17 O 2017 Liberty M�tual fnsurance Page 7 af 10 Includes copyrighted material af Insurance Services Office, Inc., with its permission. D. This coverage does not appiy: 1. While there are spare or resarve "a�tos° a�aifable to you for yo�r operations; or 2. [f coverage is provided by anoiher endorsemenE attaehed to this Po[icy. E. If a eovered "loss" results from the total theft of a covered "auto" of the private passanger type, we will �ay under this co�erage anly tha# amount of your rentaf reimbursement expenses which is not already provided for under Paragraph A.4. Coverage Extensians of SECTiO� [II — PHYSICAi. DAMAGE COVERAGE of the Business Auta Coverage Form or Section VII of this endorsement. XX. NO710E OF CANCELLATION OR NONRENEWAL A. Paragraph A.2. of tE�e COMMON POLICY CONDIT[ONS is changed to: 2. We may cancel or non-renew this palicy by mailing written notice of cancellation ar non-renewal to the Named ]nsured, and to any name(s) and address(es) shown in tE�e Cancellation and Non-renewal Schedule: a. For reasons of non-payment, the greater of: (7) 10 days; or (2) The number of days specified in any other Cance[lation Condition attached ta if�is poiicy; or b. For reasons flther than non-payment, the greater of: {9 ) 60 days; (2) The number of days sf�own in the Cancellation and fVon-renewal Schedufe; or (3) The number of days specified in any other Cancellation Condition aftached to this poficy, priar to ihe effeciive date of the cancellaiion or non-renewal. 6. All other terms of Paragraph A. of the COMM�N POLICY CONDITfONS, and any amendments #hereta, remain in full force and effect. XX[. LOANIL�ASE PAYOFF COVERAGE ihe following is added to Paragraph C. Limits Of Insurance of SECTION lIl - PHYSICAL DAMAGE COVERAGE: In the e�ent of a total "loss" to a co�ered "a�to" of the pri�ate passenger type shown in the schedule or d�clarations for which Callisian and Comprehensive Coverage apply, we wi91 pay any unpaid amo�nt due on the lease or loan for that covered "auto", fess: 9. Th� amo�ant paid undEr the PMYSICAL DAMAGE COV�RAGE S�CTfOIV of the palicy; and 2. Any: a. Overdue leaselloan payments at the time of the "foss"; b. Financial penalties imposed under a lease for excessi�e use, abnormai wear and #ear or high mileage; c. Security deposits not returned by the lessor; d. Cosis for extended warranties, Credit Life Insurance, Healtf�, Accident or Disability Insurance purchased with the loan or lease; and AC 84 U7 11 i7 Q 2017 Liberty Mutual Insurance Page 8 of 1Q Includes copyrighted materiaf of Insurance Services Office, Enc., with its permission. e. Carry-over balances from previous loans or leases. This coverage is limited #o a maximum af $'1,500 #or eacF� covered "auto". XXII. L[MITED MEXICO COVERAGE WARNiNG AUTO ACCIDENTS Ii� MEXICO ARE SUBJECT TO THE LAWS OF MEXICD O�[LY - NOT THE LAWS QF' THE UNITED STATES OF AMERICA. THE REPUBI.IC OF MEXICO CONSIDERS A�[Y AUTO ACCIDE�fTA CRIMINAL OFFENSE AS WELL AS A CIVIL MATfER. IN 50M� CA5�S THE COV�RAG� PROV1bE� UN�ER TH15 ENDORSEMENT MAY NOT BE R�COGNiZEQ BY THE MEXICAN AUTHORITIES ANQ WE MAY NOi BE ALLOWED TO IMPL�MENT THfS COVERAGE AT ALL. IN MEX1C0. YOU SHOULC7 CONSIDER PURCHASING AUTO COVERAGE FROM A LICENSE[] MEXICAN 9NSlJRANCE COMPANY BEFORE DRIVING INTO MEX[CO. TH1S Ef�b4RS�M�Ni DOES NOT APPLY TO ACCIE7ENTS OR LOSSES WHICH OCCl1R BEYON� 25 MI�.�S FROM THE BOUNDARY OF THE UNIT�D 5TATES 0� AMERiCA. A. Co�erage '�. Paragraph B.7. of SECTION 1V - BUSINESS AUTO C�NDITIONS is arr�ended by the addition of the following: The co�erage terriiory is extended to include Mexico but only if af[ of the following criteria are met: a. The "accidents" or "loss" occurs within 25 miles of the United States barder; and b. While on a trip into Mexico for 10 days or less. 2. For caverage provided by this section of the endorsement, Paragraph B.5. Other Insurance in SECTION 1V - B[JSII�E55 AUTO COlVDITIONS is replaced by the fo![owing: The insurance provided by this endorsemani will be excess o�er any other collectible insurance. B. Physical Damage Coverage is amended by the addition of the follawing: If a°foss" to a co�ered "auto" occurs in M�xico, we will pay for such "loss" in the lJnited States. If the co�ered "auto" must 6e repaired in Mexico in order to be dri�en, we wiEf not pay mare than ihe actual cash �alue of such "loss" af the nearest United States point where the repaErs can be made. C. Addiiional Exclusions The fallowing addiiional exclusions are added: This insurance does not apply: �i. If the covered "auto° is not principally garaged and principally used in #he Uniked States. 2. To any "insured" who is not a resident of the United States. XXIiI. WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV - BUS[NESS AU'FO CONDITIONS does not apply to any person or organization where the Named ]nsured has agreed, by written contract executed prior to the date of "accident", to wai�e rights of reco�ery against such person ar organization. AC 84 U711 97 O 2017 Liberry Mutual {nsurance Page 9 of 10 Includes copyrigh#ed mai�rial of insurance Ser�ices Office, Inc., with its permission. Schedule Premium Liabiliiy Physical Damage Tota! Premium XVII1. Drive Other Car LIAB MP Name of Individual XX. Notice of CanceIlation or Nonrenewa! Name and Address 111i5��11 i�i COMP COLL. N�mber of �ays AC 84 07 1�[ 17 O 2017 Liberty Mutuaf insurance Page 10 af 10 I�cEudes copyrighted material af Insurance 5ervices Office, Inc., with its permission. � TEXAS WAIVER OF pUR R1GHl' TO REC4VER FR4M 4THER5 EfVp4RSEMEiUT This endorsement applies only Eo the insurance provided by the pnlicy because Texas is shown in ltem 3.A. of the Informatian Page. We have the right to recover aur payments fram anyone liable for an inj�ry eo�ered by this policy. We will not enforce a�r right against tf�e �ersvn or organization �amed in the Schedt�le, but tf�is waiver applies ortly with respett ta bodiiy ir�jury arisir�g out of the operations descri6ed in Ehe Schedule vuhere you are required by a written cantract to obtain this waiver fram us, �his endorsemer�t shali not operate directly or indirectly to benefit ar�yone not named in the Schedule. �'he Premium for this endorsement is shown in the 5chedule. 1. ( ) Spetific Waiver Name oF person or arganization Schedufe (X) Blanket Waiver Any person or organizatian for whom the fVamed Ensured has agreed by written �ontra�t to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premiurr� charge for this endorsement shafl be 2.0 percent af Ehe premium developed on payroll in conneciion with wvrk perFormed #or the above person(s) or organizatian(s) arising out of the operations described. 4.. Advance Premium: Issued by Lberry Mutual �ire fnsurance Company1 &S8& For attaChment to Policy No.WC2-Z91-471405-010 Effec6ve Dale Premium $ Issued to Bean El�ctrical, Inc. WC 42 03 04 B 0 Copyrght 2014 1Valional Council on Compensation Insurance, Inc. Page 1 of 1 Ed. 0610'112414 AI! Rights Reserved, �`� �� CERTIFtCATE OF LIABILITY INSURANCE OATE(MMlaD/YWYj , i�roatzo2a THlS CERTIF[CATE 15 15SUEQAS A MATTER 4F iNFORMATION ONLYAND CONFERS NO RIGHTS UPON iH� CERiIF[CA7E WOLdER. 7HiS �� CERTiFICATE QOES NO'iAFF1RMATIVELY OR NEGATIVELYAMEND, EXTEND ORALTER THE COVERAGEAFFORDE� BYTHE POLICIES BELOW. THIS CERTIFICAT� OF INSURANCE pOES NOT CONSTITiJTE A CONTFtACT BETWEEN THE [SSUENG INSURER(5), AliTH4REZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICAFE HOLDER. IMPpRTANT: lf the ce�tificate holder fs an ADDITIONAL INSURED, the policy(ies} must have ADDITIONAI. INSiJR�D provisions or be endorsed. If SU�ROGATION IS WAIV�D, subject to fhe terms and conditions of fhe policy, certain poiicies rnay require an endorsement A stafement on thEs eertificate does not canfer rig6ts to the certificate holder in lieu of such endorsement(s}. PRORUCER coNrAcr Natasha Felts NAME: K&S InsuranCeAgenCy ?AfCN�o E� :(9i2} 772-7256 AlC. No :�972} 771-4695 2255 Ridge Road, 5ie. 333 ��"�A14 nfelEs(�kandsins.com pD�RESS: P. Q. BOX 277 INSURER(5] AFFORDING COVERAGE NAIC # Rockwall TX 75087 iNStiRERA: Liberty Nfutual Fire Ins. Co. 23035 INSUREA ,.,�,..,_� e. 7raveiers Prop Cas Co ofAmer 25&74 Bean Elecirical, Inc P.d. Box40U1& Fort Worth TX 78140 COVERAG�S CERTIFICATE NIJMBER: rx �sosz 41564 7H15 1S 70 CERTfFY THAT THE POL[C[ES OF INSURANCE LIS7ED SELOW E1AVE BEEN ISSUE� TO THE I�i$URE� NAME� ABOVE FOR THE POLICY PERIOD INQICATEP. NOTWITHSTANQING ANY REQU3REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER OOCUMENT VJITH RESPECT TO WH]CH TNIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, TFiE WSllRANCE AFFORDE� BYTHE POLICIES DESCRtBED HEREIN IS SUBJECTTOALLTHE TERMS, EXCLUSIONS AND COND[TIONS DF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS. !N F2 P LI Y EFF P Ll Y EXP �� TYPE OF INSIIRRNCE INSD WV� PQLICY NUMBER MMf�D1YYYY MMl�INYWY LIAfIFS x COMMERCIALGFJVERALLIA91LI7Y EACHOCCURRENCE S 1,Ofl0,0OO CLAtMSMA�E � OCCl1R PREMISES Eaoccvrrence S 1�0,0�0 x Deduct[ble �1,000 PD ME� EXP (Any one persony S 1 �,dp� A T82-Z91-471905-020 fl611512020 061t5I2021 p�R50wAL&ADVIwJURY 5 �,OOO,qf70 GEN'LAGGREC7ATELIMITAPPLtESPER: GENERALAGGREGATE g 2�000,000 P�LICY � JECT � L6C PRO�UCTS-COMPIOPAGG S 2+000,000 OTHER: 5 AUTOMOBILE LIAB[LITY GOM$IIVE� SINGLE LIMIT 5 ��QOO,OOO Ea accident X ANYAUTO BOpILYINJURYiPe�persan} S q OWNED SCHEDULE� AS2-Z91-471905-030 0611512D2D C16115l202� BODI4YItJJURY(Peraccitlent) y AUTOS ONLY AUTOS HIRE6 NON-OWNED PROPER7Y nAMAGE 5 AUTOSONLY AUTOSONLY Peraccident 5 x i1MBRELLA LIAB X OCCUR EACH OCCURRENCE 5 9,000,0�0 B ExCE55uAB ��IM&MAo� ZUP-51N39433-20-NF 0611512U20 061151202i AGGREGAT� 5 9,040,000 CtEO X RETENTION S �O,D00 5 WORI(ERS COMPENSATION X SrA U7E ERH ANU EMPLOYERS' LIABILITY Y � N ANYPROPRtEYOR1F�AR7NEw�cECUTtVE E,LE.nCHACCIoeNT y 1,00O,OOD A � Nrn WC2-Z91-471905-014 06I15I2020 06/15/2029 `' OFF�GEWM�MBEf2 EXCLUDEd7 (MandatoryinNHS E.L�ISEAS�-�AEMPLOY�E y 1,040,OOD If yes, descri6e under 1,00O,OOD DESCREPTION OF OPERATIONS beEaw �.L. �I5�4SE - PqLICY LIMtT S Contractors Equipment C Q766U2F259406 O6I15I2fl20 06I151202# LeasedlRenfed 5200,000 DESCRIPiION OF OP�RATEONS! LOCATIONSlVEHICLES {ACORD 10i, Additfonal Remarks Schedule, may he attached if more space is requiredj Project: McPherson Blvd, CPt� 102738 Please see attached for add'stiona[ information. McPherson Boulevard, LLC 251 E. Southlake Slvd, 5te 100 Sou3hEake ACORD 25 (2016103j 7ravefers Lloyds lns. Co. REVISION NUMBER: $FiOUL� ANY OF THE ABOVE DESCRIBED PQLICIES BE CANCELLED BEFpRE TH� �XPIRATION DATE THEREOF, NOTICE W1LL BE �ELIVERED IN ACCOR�ANCE WITW TWE POlICY PROVIS[ONS. ALITHORIZE� REPFiESENTAT[VE <O 1988-2015 ACORD CORPORA'f10N. Ali rights reserved. The ACOR� name and logo are registered marks of ACORD 4 ACORO� �� AGENCY CUSTOM�R IA: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAME�INSUREU K&S InsuranceAgency 8eart Electrical, Inc POLICY NUMBER CARRIER NAIC COOE EFFEGTkYE DATE: ADDI710NAL REMARKS The ACQRD name and logo are registere8 marks of AC4RD POL[CY NiJMBER:7B2-Z91-4J1905-020 COMMERCIA� GENERA� LlABILITY CG 24 37 04 i 3 TEilS ENDQRSEMENT CHANGES THE i'OLfCY. PLEASE READ 17 CAREFULLY. ADD1TfONAL INSURED -- OWNERS, LESSEES OR C4NTRACTORS -- COM PLETED OPERATlONS This endorsement modifies insurance pro�ided under the following: COMMERCIAL GEf�lERAL LIA81L{iY CQVERAGE PART PRODt1CTS1COMPLE7EC1 OPERATIpNS LIABILITY COVERAGE PART A. Section 11 — Who Is An lnsured is amended io inclucle as an additional insured the persan(s) or organization(s) shawn in the 5thedule, but nnly with r�spEci to liability for "bod9ly injury" or "property damage" caused, in whoie or in part, by "your work" at the location designated and described in the Schedule af this endorsement perFormed for that additional insured and included in Ehe "products-completed aperations hazard". However: 't. The insurance afForded to such additional ins�red only appiies to the extent permitted by law;and 2. If cvverage provided to the additiana! i�sured is required by a contract or agreement, the insurance afForded to such additionai insured wiEf not be broader t�an that which you are required k�y the contract o► agreement to provide for su�h additional insured, Name Of Additional Ins�red Person(sj Or Organization(s}; Location And DescriPtion Of Completee� Operations All persons or organizations with whom you have Afl Iocations as required 6y a written contract vr entered into a writ#en contracc or agreernent, prior to an agreement entered intn prior to an "occurrence" or "occurrence" or offense, to provide additional insured o#fense. status. Information required to complete this Schedule, if not showr� abave, will be shawn in the C�eclaratians. B. With respect to tF�e insurance afForded tv these additio�al insureds, Ehe following is added to Section III — Limits Of Ins�rance: If coverage pravided to the additional insured is required by a contract ar agreement, the most we will pay on behalf of the additionai insured is the amou�t of insurance: 9. RequirecE by the coniract nr agreement; or 2. Available under the applica6le Limits of Insurance shown in the Declarations; whichever is iess. This endorsementshall nat increasethe applicable Limiks vfi Insurance shown in the beclarations. SCHE�ULE C� 20 37 D4 13 O fnsurance Services Office, Inc„ 2012 Page 1 of � POLICY 1�1UMB�R:i82-Z91-47�945-020 GOMMERCfAL GENERAL LEA81i.ITY CGZ�i004i3 THIS ENpORSEMEfVT CHANGES THE POLICY. PLEASE READ [T CAREFiiLLY. ADDIT�ONAL lNSURED -� �VIlNERS, LESSEES OR CONTRACTORS � SCHEDULED PERS�N OR �� ' � � _ ; • �i This endorsement modifies insurance provided under the follawing: COMMERCIA� CENERAL LIABILITY COVERAGE PART A. Section 11 — Wf�o Is An lnsured is amended to 1. All work, including materials, parts or include as an additior�af insured the persan{sj or equipment fumisF�ed in connection with sucf� arganizatian{S)shown in the Scf�edule, but only wit� work, on the praject (other ti�an service, respect to liability for "bodily injury", "property maintenance or repairs) to be performed by or darnage" or "persor�al and advertising injury" on behalf of the additional insured(s) at the caused, inwhole or in part, by: lacation of the cnvered operations has been 1. Your acts or orr�issions; or campleted; or 2. ihe acts or arnissions of those acting on your behalf; in the performance of your angoing operations for the additionak insured(s} at the lacation(s) designated above. However. y. The insurance afforded to such additional insured only a�plies tn the extent permitted by iaw; and 2. [f coverage provided to the aciditional insured is required by a contract or agreement. the insurance afforded to such additional insured wil] not be broader thar� that which you are required by the contractor ag►eemer�t to provide for such additional insured. E3. with respect to the insurance afforded to these additional insureds, the following additional exclusions apply; This ins�rrance does not apply to °bodily injury" or "property damage" accurring after: Name di Additinnal lnsured Person(s) Or Organization(s): Location(s) Of Covered OperatEons All persons or organizations with whom you i�ave All locations as required by a written contract or entered inko a written contract or agreement, prior to an agreement entered inta prior to an "occurrence" or "vccurrence" or offense, to provide additional insured ofFense. status. ]nformation required to complete this Schedule, if not shown above, will be shown in the �eclaratior�s, CG ZO '!4 04'E3 �O Insuran�e Services Office, Inc., 2012 Page 1 oi 7 2. That poriion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization ather than anotF�er contractor or subcontractor engaged in perforrning operations for a principaf as a part ofthe same project. C. With respect to the insurance afforded to these additional ins�reds, the following is added to Section lf! -- Limits Of Insurance: lf coverage provided to the additionaf insured is required by a contracE or agreerneni, tFte most we will pay on behalf of the additional insured is the amaunt of insurance: i. Required by the contract or agreement; ar Z. Availabie under the appficabie Li€nits of ]nsurance shawn in the beclarations; whichever is less. This endorsement shall not increase the applicabfe Limits of �nsurance shown ir� the Dac{arations. SCHE�l1LE Policy Number: T62—Z89-471905-020 Ti-EI5 ENDORSEMENT CNANGES THE POLICY. �LEAS� R�AD IT CAREFULLY. COMM�RCiAL G�NERAL LIAB[LITY ADDITIONAL fNSURED ENHANCEMENT FOR CONTRACi'ORS This endorsement mndiHes insurance pro�ided undEr th� following; CQMM�RClAL GEN�RAL LlABaLIiY COVEFtAGE PARi Index of rrtodified items: Item 9 Item 2. Item 3. liern 9 Blanket Additianal Insureri Wher� Required By Written Agreement l.essors of Leased Equipment ., Managers or Lessars of Premises Mortgagees, Assignees or Receivers Owners, Lessees or Cantractors Architects, �ngineers or 5urveyors Any Person or Organizafion Blanket Additional Ins�red -- Grantor Of Permits Oiher Insurance Amendrrzent B�anketAdditionaf Ensured Where Required By Wriften Agreement Paragraph 2. af Section If — Who fs An Insured is amended ta add the following: Add�tional Insured 8y Writ�en Agreement The folfowing are insureds underthe Pnlicy when you have agreed in a written agreemenf tv provide them coverage as additional insureds under your policy: 9. Lessars of Leased Equipmeni: TF�e person(sj or organizafion(s) from whom you lease equipment, but vnly wifh respecf to liabifity for "bodily injury", "property damage" or "personal and edvertising injury" caused, in whole or in parf, by your maintenance, operation or use of equipment leased to you by such persor�(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equiprnent lease expires. 2. Managers ar Lessors of Premises: Any manager(s) or lessor(s) of premises leased ta you in which the written lease agreement abligates you tv procure additior�al €nsured co�erage. The coverage affprded to t�e add'[fionai insured is fimited to liahifity in connect9on with tf�e ownershfp, maintenance or us� of the premises leased to you and caused, in whole or in part, by some negligent act(s) or omission(s) of you, your "employees", your agents or yaur s�bconfractors. 7here is no coverage for the additional insured €or liability arising out of the sole negligence of the additionaf insured ar those acting on behalf of the addifional ins�red, except as provided below. I€ the written agrE�ment ahligates you to pFocure additioRal insured coverage for the addifionaf insured's sole negligence, then the coverage for fhe additiana! insured shall conforrn to the agreement, t�ut only if the applicab]e faw would allaw you to ind�mr�ify the additional insured for �iability arising out of the additiortal insured's sole negligence. LC 2� 5B 11 78 02018 LibertylVlutual Insurance Page 'i o€4 Includes copyrighfed material of Insurance Services Q�ce, lnc., wiEh its permissian. This ins�rance does nflt appiy fo: a. Any "occurrence" which fakes place after you cease ia be a fenant in ihat premises or fo lease that fand; b. Structural alterafions, new canstructivn or demofiiion operations perfo�rned by or on behalf of ihat manager or [essor; pr c. Any prernises for which coverage is exniuded by endorsement. 3. Mo�tgagees, Assigr�ees or �tecei�ers: Any peTsor�(s) or arganization(sj wiEh respecE to Eheir liabifity as mprtgagee, assigrtee or reeeiver and arising out of yo�r awnership, rrtair�tenarsce ar us� of the premises. ihis insurance does nat apply to structura€ alterafians, new construction and demoiition operatior�s perFormed by or on behalf af such person(s) qr nrganizatinn(s). 4. Owners, Lessees or Canfractors: Any person(s) ar organizafian(s) to whom yo€� are obligafed to proc�re additional ins�red coverage, but only with respect to liabiliiy €or "bodily injury", "praperty damage" or "personal and advertisir�g 9njury" caused, in whofe or in parf, by your act(s) ar orraissior�(s) or fhe aci(s) or orr►ission(s) of yo�r "empfoyees", yaur agents, or your subcontractars, in the pe�formance of your ongning opera#ions. This insurance does not apply ta "bodily injury", "prap�rty damage", or "persanal and advertFsing Enjury" arising aut af "yaur work" included in ii�e "praducts-completed opefaiions hazard" un(ess yau are required io provide such coverage for the additional ins�red by the wrii#er� agreement, and then only �or the periad of tim� r�quired by the written agree�nenf and aniy for liability caused, irs whofe or in parf, by yaur acf{sj or orr�ission(s) or the act{s) or amission(s) of your "employees", your agents, or yaur subcan#rac#ors. There is na coverage for the addidional insured for lia6ility arising o�t of the sole neg4igence of the additional i�s�red or thnse acfing on behalf of tF�e adciitional insur�d, except as provicfed below, ff the written agreernent obfigates you to procure additionai insured coverage for fhe additionai insured's sole negligence, then the coverage far the additional insured shall cvnform ta the agreement, but only if the appiicaE�le Iaw wauld alEaw you to indemnify the additional insurad far fiabiliry arising o�t the additianal insured's sale negtig�nce. 7his insurance does not appfy io "bor�ily injury", "properfy damage" or "personal and adverfising injury" arising out of the rendering of, ar failure to rander, any professional a:chitectural, engineering or surveying services, i�cluding: a. The �reparing, approving, or #ailing to prepare or appro�e, maps, sf�op drawings, opinions, reporis, surveys, €ield orders, change orders or drawings and specifcaEions; or b. 5upervisory, inspection, architectural or engineering activi#ies. This excl�sian appG�s even if the claims againsf any irssured allege negliger�ce or otMer wrongdoing in the supervisin�, hiring, empinyment, training or monitoring of others by tha# insUred, if the "oce�rrence" which caused the "bQdify injury" or "property damage", ar the vfFense w�ich caused the "persor�al and advertising injury", in�ol�ed the rendering o# or faiiure io rersder any professional ser�ices. 5. Archit�cts, ��gineers or 5urveyors: Any architeci, engineer, vr surveyor engaged by you but only with respect fo liability for "bodily injury", "property damage" ar "personal and advertising injury" caused, in whole or in part, by your ac#(s} or omissian(s) or the aet{s) or amission(s) o� those acting on your behalf: a. In corsnection wiih your premises; or b. In fhe per€ormance of your ongaing operations. �his insurance does not appfy to "bodily injury", "property damage" or "personal and advertising injury" arising out of the re�tdering o� or failure to render any professional serv'tces �y ar for you, €nelud�ng: LC 20 56 11 98 � 2018 Liberty Mutuaf Insurance Page 2 of 4 lncludes copyrighted material o€ Insurance Services 0€fce, Inc., with its permission. a. The preparir3g, approving, or €ailing lo pre�are or approve, rnaps, shop drawings, opinions, reports, surveys, �efd qrders, change orders or cfrawings and specifications; ar b. Supervisory, i�specfior�, architeciuraE or engine�ring acfivities. This exclusinn ap�fies even if the claims against any insured allage negligence or ather wro�gdoing in the supervision, hiring, employment, fraini€�g or monitoring of athers by that insured, if fhe "occurrence" wf�iaf� caused ihe "bodily injury" or "property damage", or the offe�nse which caused the "personai and adveriising injury", in�olved fhe renderir�g of arfailurE to rend�r any �rofessional services by or fQr you. 6. Any Persan or OrganEzation Other ihan a Joint Venture: Rny persan(s) or arganizafion{s) (other than ajoint venEure af which you are a rnember) for whorrt you are obEigated to procure additianaf insured caverage, but only with respect to €iabiiify for "bodi�y in�ury", "proper�y damage" or"personal and advertising ir�jury" caused, in whole ar in par#, by your acf{s) or vmissior�(s) or the act(sj or omission{s) of thos� acting an your be�alf: a. !n the pe�farmar�cs af your ongaing operaEi�ns; or b. In connection with premises owned by or rented fo yau. 'ihis insurance dves nat appEy to: • a. Any person(s) or organization(s) more speciFicalfy covered in Paragraphs 1. through 5. above; b. Any constructior�, renovation, dernolition or installafion operations perfarmed by nr on behalf of you, or thase operafing on your behalf; ar c. Any person(s) qr orgsnization�s} w�ose profession, business or occupation is thaf o� an architent, surveyor or enginaer with respect to 1€abilify arissng aut af the rendering of, or failure to render, any prafessional archiiecfural, engineering or surveyir�g serWices, i�c�uding: (1j 7he preparing, appro�ing ar failing to prepare or approve, maps, drawings, opinions, reports, surveys, fefd arders, change arders, designs and specificatiQns; or . (2) Supe�visory, i�spection, architect�ral or engineering aciivities. This exc[usior� app�ies e�en if the c€airns against any insured a€�ege negGgence or other wrongdo'sng ir� the supervisian, hiring, employmen#, training or rnonitoring of others by that insured, if the "OCCllFF2f1C8" which caused the "hodily injury" or "properfy t€arnage", or the offense wh€ch caused f�e "personaf and adverfising injury", invoived the rendering of ar faifure to render any pro%ss'sonaE services by or on behalf of you, or those operating an your beinalf. The insurance afforded to any person(s} ar arganizaf�on(s) as an insured under this Item '1.: 1. Applies fo #he extent permi#ted by law; 2, APpfies onfy to ihe scope of �overage and fhe minim�m fimifs of insurance required by the writfen agreerneni, but in no event exceeds eifher the scope of coverage or the limifs of insurance provided by this Policy; 3. Does noi apply to any person(s) or organization(s) for any "bodily injury", "property damage" ar "persanal and advertising injury" if any other additional insurecE endorsemenf attached to th9s Policy applies #o sueh person(s} or organization(s) with regard to the "badify injury", "property damage" or "personal ar�d advertising injury"; 4. AppGes only if the "bodily in�ury" ar"property damege" occurs, or the offense giving rise to the "persvnaf a�d adveriising injury" is committed, subseq�ent #o the executian of ihe written agreemeni; and 5, Applies or�fy if #he written agraement is in effecf at the time the "bodily injury" or "praperty damage" occurs, or at the time the offense gi�ing rise to the "�ersonai and advertising injury" is comrnitt�d. l.0 20 5817 'f B O 20'[8 Liberty Muiva! Insurance Page 3 af 4 Includes copyrighted material of Insurance Services Office, Inc., with iis permission. (tem 2. BlanKet Rddtiiona! �nsured — Grantor Of Perrr�its Paragraph 2. of Section II — Who is An Insured is amended to add ihe foifowing: Any sEate, municipality or �vlitica! subdivisior� that has issued you a permit in conneciion with any operatians performad by yau or on your behalf, or in connection wifh prert�ises you own, rent or control, and to which this ins[�rance applies, but only to the extent that you are required ta �rovide additional ir�sured status to the state, municipafity or polifical subdivisian as a condii�on of receiving and rrsaintaining fhe permit. Such state, mun�cipafity or politicaf subdivision thaf has issued you a permit is an insured only wif� respect to iheir liability as grantor of such perrr�it fo you, Mawever, w�th respect to t�e staEe, municipality or polificaf subdivision: 1. Coverage will be no broader khan required; ar�cf 2. Li�its af insurance will not exceed the rninimum limits o€ insurance req�ired as a condiiion far receiving or maintaining the permit; but neither it�e scope of coverage nor the Ismits of insurance wiff exceEd ihase provided by this PoGcy. l"his insurance does no# appEy to: 4. "Bodily injury", "properfy damage" or "personal end advertising inj�ry" arising out o€ operatiar�s per�ormed for th� state, municipality or palificaf su@d'svision; 2. Any "bodily injury" or "property damage" included within Ihe "products-completed operations hazard", except when required by written agreement ir�itiated prior to loss, or 3. "Badily injury", "property darr�aga" or "personal and advertising injury", unless negfigen#ly caused, in whnle nr in parE, by yot� or those acting on your behaif, Ifern 3. Qther insurance Amendmeni If you are o6iigated under e written agreemen# to provide liability �nsurance on a primary, excess, canfingent, or any other basis for any person{s) nr organizaiian�s) that qualifies as an additional insured on this Palicy, ti�is Policy will apply solely on the basis required by 5uch wriften agreemeni and Paragraph 4. pif�er Insurance of 5ectian N— Cnmmercial Generaf Liabiliiy Co�difians wiil not apply. Where the app9icable writien agreern�:nt does not specify an what basis the iiability ins�rance wil! apply, if�e provisions of Paragraph 4. Dther Insurance of Sectian IV — Comrr�ercial Generai l.iabi6ity Condiiions w€II appfy. �fowever, this insurance is excess over any other insurance av�ilable to #he addi#ior�al insured f�r which it is afso covsred as art ac�ditional insured for #he same "occurrence", clairr� or "suit". LC 20 58 'f 9'E B O 2Q1 B Liheriy M�tual insurance Page 4 of 4 Includes copyrlgh#ed material of tnsurance Servlces Office, Inc., wiih ifs permission. �o��Cy rv��,�er: Tsz-z��-4��gas-o�a lssued by Liberty Mutua! Fire Insurance Co. 'iHiS �E�1I}ORS£M�NT CHAN��S'iH� POLICY. PL�AS� R�Al3 f'i GAREFf3l.f�Y. COMMERCIAL GENERAL LIABILITY E1�IHANCEM�Ni' F�R CONTRACTQR� This endorsemenE modifies insuranCe pravided under the following: COMMERCIAL GEI�EERAL LIABELITY CQVERAGE PAFti Index of madified items: Item 1. Iterr� 2. !#em 3. ltem 4. IEem 5. Item 6. Item 7. Item 8. Item 9. Item 7 a. ltem 71. Item 72. Item �[3. Item 'i4. Reasonable Force Non-Owned Watarcraft �xtension damage To Premises Rented To You — Expanded Coverage Bodiiy Ir�jury To Co»Empioyees Healih Care ProfessianaEs As Insureds Knowledge Of Occurrence Or OfFense Nakice O#Occurrence Or Offense Uninientionaf Failure io Discfose Bodily lnjury Rede#ined Supplementary Payments — Increased Limits Property ln Yaur Care, Custody Or Con#rol lUlabile �quipment Redefined NewEy Formed Or Acquired Entities Waiver Of Right Of Recavery By Written Cantrect Or Agreement ftem 1. Reasonabfe Force Ex�fusion a. of Section f— Co�erage A— eodily Injury A�d Property Darnage Liabifity is replaced by the follvwing: a. Expected Or fntended fnjury "Bodily injury" or "property damage" expe�ted or intended from tf�e sEandpoint of the ins�red. This exclusion does not apply to "bodily injury" or "property damage" rese�lting from the use vf reasonable force to protect persons or property, Item Z. Nan-Owned Watercra�t Extension Paragraph (2) of Exclusion g. af Section I�- Co�erage A— Bodily Injury Antf Property Damage LiabiEity is replaced by thefollowing: (2) A watercraft you do not own that is: {a) Less than 55 feet long; and (b) Not being used to carry persons or prvperty for a charge; Item 3. Damage 70 �remises Ren#ed 7a Yau —�xpanded Coverage A. The fnal paragraph of 2. Excfusions of 5ection I�- Coverage A— Bodify Injury And Property Damage Liability is repla�ed by the fvllowing: LC 32 199 �1 78 O� 2�1$ �iberty i�lutual Insurance Page 1 of 5 Encludes copyrighted materiai of Insurance Services Office, Inc„ with iEs permission. Exclusionsc. through n. do not apply to damage by f re, lightning vr expfosion or subsequentdarr�ages resulcing frQm such fire, Iigi�Ening or explosion incfuding water damage to �rerr�ises while rented to you ar temporarily occupied by yau with permission of the owner. A separate limit of insurance applies to this coveraga as described 'sn5ection Iil — E.imits Of Insurance. B. f'aragraph S. of 5ectian IIf —�.ir�its Ofi Insurance is replacecf by the followir�g: 6. Sub��ct to ParagrapF� 5. ahove, fhe [�amage To Premises Rented To You Limit is the most we will pay under Coverage Afar damages b�causa of "pro�erty damage"to any one premises,wt�ile rented to you, ar in the case of darr�age by fre, iightning, explosion or subsequentdarr�ages resulEingfrom such�re, lightning or explasion including water damage to premises whi[e rented ta you or t�mporarily a�ct�pied by you wit� permission o# the owner. The Damage To Premises Ren#ed To You i.imit is tF�e greater of: a. $300,000; ar 6. 7he Damage To Premises Rented �"o You Limit shown on the DedaraEior�s, G. Paragraph 9.a. af the definition af "insured contract" irSection V— l7efinitinns is replaced by the follawing: a. R con#ract for a[ease of premises. �ivwe�er, tl�at partio� of the contract for a Eease of premises that indemnifies any person or organization for damage by Fre, iightning, explvsion ar subsequent damages resuiting from such fire, lightning or expfasion ir�cluding water darrsage ta premises while rented to you or temporarily occupied by yau with permission dhe owner is not an "insured cantract' ; b. The paragraph immediatelyfoffowing Paragraph (6j of ExcEusion3. of 5ectinn I— Coverage A� �odily injury Antf Property Damage Liability is replaced by fhe folEowing: Paragraphs (1}, (3) and (4) nf this exc[usion do not apply to "property da�age° (a#her than damage by fire. [ig�ining or expiosion nr subsequent damages resulting from such �re, lig�tning or e.xPlosion including water damage) to prernises, includir�g the contents of such premises, rented to you for a period o# seven or fev�er consecuti�edays. A separate limitaf insuranceapplies to Damage To Premises Fkented To You as described in Sec#ion lli -- Limits of fnsuran�e ltern 4. Badify Injury io Go-Employees A. �'aragraph 2. o# Section li — Whn Is An Ensured is amended to include: Each af the following is alsv an insured: Your "employees" (other than either your "executi�e oificers" (i# you are an organization other than a partnership, jointventure or limitedliabilitycompany) or your managers (if you are a limitedfiabilitycarnpe�y}) or "volunteer workers"are insureds+nrhilein the course o€ their ernploymentar whileperForming duties related to the conduct of your business with respect ta "bodily injury": (1 j To you; {2} To your partners or merribers (if you are a parfnership or jvint venture); (3) 7'o yaur members (if you are a limited iiabiliiy company); or (4j To a co-"empfoyee" or "voiur�tear worker" whil� that co-"employee" or "volunteer worker" is eithe� in ihe course of �is or her employmentby you or wf�ilaperforrtiing dutiesrefated to the conductof your business (includi�g participation in any recreaEia�al activities sponsored by youj. Paragraph 2.a.('{)(a} nf Section Il — Who is Ar� Insured does not apply to "bodily injury° for which insurar€ce is �rovided byt�is paragraph. LC 3Z i99 11 'E8 ��01 B(.iberty Mut�al Insurance Page 2 af 5 Inciudes copyrighted r�tateria[ oF lnsurance 5ertices O�ce, Inc„ with its permissian, B. The insurance prov�ded By this ftem 4. for "bodily injury" #o a ca"empfoyee" ar "voEunt�er warker" wili not apply if th� injured co"employee's" or °vofunteer warker's" sole rernedyfor such injury is prov�ded under a workers' compensation law or anysimilar law. C. Otherinsurance The insurance provided by this ltem 4. is excess aver any other vafid and coliectible insurar�ce avaifable to the insured, wh�ther prRmary, excess, contingent ar on any ather hasis. Etem 5. Neafth Care Professionals As Insureds A. Paragraph 2.a.(9)(d) of Section i{ — Who Is An Ensured is replaeed by the following: (d} Arising ovt of his nr her providing or faifure to provide professionai health care services. Hawever, any "employee" or "volunteer worker" of tha Narned Insured who is acting as a Gaod 5amaritan in responsa to a pubiic or medieai emergency ar who is a"designated heaEth cara providar" is an insured wit� respect tv "6odily injury" and "persona[ andadvertising injury" that: (i) Arises out of #he providing of or failure to provide professiona! health care sen+ices; and {ii) Occurs in the co€�rse of and withinthe scope of such "ernployee's"or °�olunteer worker's" employment hy the IVamed Insured. B. W iti� respect to "empEoyees" and "vofunte�:r workers" providing prafessional health care se�vices, t1�e faflowing extfusior�sare added to Paragrap� 2. Exclusions o# Section I-- Caverage A— Bodily I�j�ry And Property Damage LiabiEity and Paragraph 2. �xclusions of Sectian f-- Coverage B— Persona! And AdverEising Injury Liafsility: This insurar�ee daes not apply to: (1) Lia�iliry assumed under an "insured contracY' or any other contract ar agreement; (2) �iabi�ity arising out of th� providing of pratessianal health care s�rvices in viofation ofi law; (3) Liabiiityarising out of t�e providing of any professional heaEth care services whi[e in any degree under the inflstence ofi€�toxieants or narcvtics; (�) Liability arisi€�g out of any dishonest, fraudul�nt, maficious or �nowir�gly wrongfui act or faiiure to act; vr (5) Pur�itive ar exemplary darnages, fines or penaliies. C. ihe follawing clefinition is added tc8e�tion V�- �efinitior�s: "DesignaEed health care provider" means any "employee" or "volunteer worker" of the Named tnsured whose d�ties incl�rde providing professional hea[tY� care services, incl�ding buE not limited #o dactors, nurses, emergency medical Eechr�icians o►�esignaied firsk aid personnel. D. Ot�er Insurance The insurance �rov�ded by this Item 5. is excess over ar�y other valid and collectible insurance available to the insured, whether primary, excess, contingent ar an any otlier basis. iiem 5, Knowledge Of Occurrence Or Offense Knowledgaof an "accurrence" ar affense by your agent, servant or "err�pEoyee" wiil nat in itselfconstitutek�owledge by you unEess yo�rr "exec�tive offrcer" or "em�Eoyee" designateci by yau to notify us of an "occurr�nce" or offense has knnwledge of ihe"occurrence" or offense, LC 3219911 'i8 020'18 LibarEy Mutual Insurance Page 3 of 5 ]nclt�des capyrighted material o# Insurance 5erv�ces {3Ffice, lnc., with its permissian. !#etn 7. Notice O# Occurrence Or OfFer�se For purposes vf Paragraph 2.a. af Sec#ion iV -- Commerciaf General Liab�lity Conditians, you refers to your "executi�e offcer"nr "employee" that you ha� desig�sated to give �s notice. Eiem B. Uninter�tiona! �ailure �'o discEose UnintenEionalfailure of khe �Eam�d Insured to discloseal] hazards Facistingat the i�ceptiono# this Policyshall nnt be a basisfor denial of any coverage affarded by this Pvlicy. However, you must repvrt such an error ar amiss9onto us as soon as practicablea�ter its discav�ry. This provision does not affect our righ� to coflect additinnal premiurn ar exercise our right of cancellation or no�t-renewa[. Item 9. Bodi[y lnjury Redefined The definitian of "bodily injury" irfect�on V— Definitions is rePlaced by the following: "Bodily injury° rr�eans: a. Bociily injury, sicknessar diseasesustainedby a person, incfudingdeath r�sulting#rorr� any of these a# any time; and b. Mentai anguish, shock or humiliation arising out of injury as defined in Paragraph a. above. MenEal ang�ish means any iype ofinental or emotional iliness or distress. {iem 74. Supplementary Payments —Increased E.imits Paragraphs 7.b. and T.d. of Sectior� I-- S�pplemeniary Payments — Coverages A And B are re�faced by the following: b. Up ta $3,D0� for the cost of bail bonds required hecause of acCidertts �r tra#fic !aw viola#ior�s arising out of the use of any�ehicle to which 8odily Injury Liabiliry Coverage appiies. We do not have to furnish thase bonds. d. All reasonable expenses inc�rrred by the insured at our requEst ta assistin the invest�gafion or defense o� the claim or "suit",inclu�ing actual loss af earnings up to $500 a day bacause of time off �Frorr� work. Item 'i'f. Praperty En Your Care, Custody Or Contro! A. Paragraphs {3) and (�) af �xclusion j. of Section I— Coverage A— 6odily lnlury And Praperty Damage Liab�lEty are deleted. B. Adclitionai �xclt�sion Co�erage provided by this endorsernent does r�ot apply to "�roperty damage" ta pro��rry whife fn Eransit. C. Lirnits of Insurar�ce Subject to Paragraphs 2., 3., and 5. of Secfion !Il — E.imits Of Insurance, the most we will pay far ir�surance prnvided by ParagraphA. at�ove is: $10,000 Each Occurrenca Lir�it $7S,OOQ Aggregate Limit ihe Each Occurrence Limitfor this coverage applies to ali damages as a resulE of any one °occurrence" regardless of thenumber of persans or organizations wha sustain damage because of that "occurrence", The Aggregate �imit is i�se mvst we wifl pay for the sum of a!� damages uncier this Etem 'i 1. LG 3� 399 17 98 420tE Liberty fvtutuai [nsurance Page 4 0€ 5 Includes topyrighted rnaterial of Insurance Services Office, inc., with its permission. D. Other Insurance This insurarscedoes nat a�ply to any pnrtion af a Iossfar whicE� th� insu�ed has availahfe any other valid and collectib�e insurance, whether primary, excess, continger�t, ar on any other basis, unless sucE� oEher insurance was specifically purchased bythe insured ta appEy in excess of this Policy. �terrt 1Z. Ma6ile �quipment Rede�ned 7F�e defnition of "rr�obile equiprrtent" in Se�tion V— C]efir�itians is amended to inclsade self prope�led vehicles with permanently at�ac3�ed equipment less tF�an 1000 pounds gross vehide weight that are primarily designed for: {i) Snow removaE. (Z) Road maintenance, bui nat construc#ion ar resurFacing; or (3} 5ireet cleaning. However, "mobi[e equipment" does not include [and vehicfes that are subject ta a compuEsory or financial rasponsibilitylaw or other motor vel�icle insur,ance law where such vehicles are litensed or principafly garaged. Land vehicles subject to a comp�[sary or fiRancial r�sponsibilitylaw or other rnator vehicle insura�ce faw are considered "autas". ItetYt 't3. New�y Farmed Or Acq�ired Entities A. Paragraph 3, of Section II — Wha Is An lnsurad is replaced by the folEowing: 3. AnyorganizaEiorryau newlyacquire or �orm, ot�ner than a partnershipar jointventuee, and over whichyou maintainmajoritynwnershipor majorityinterest, wi�iquaEifyas a�famed Insured if ihere is no other similar insurance availabie to that organiz2tion However: a. Coverage �nder ihis provision is afforded only until: {'f} The 780th dayafteryo� acquire orform tf�e orgar�ization; (2) Separate caverage is purchased for the organization; or S3j ihe end of tF�e policy period whichever is earlier; b. Seciion 1-- Covarage A— Bodily [njury Ancf Property Damage Liability does not apply ta "badily injury" or "propertydamage" thet occurred befare you ac9uired or forrr�ed ihe nrganization; anci c. Section 1-- Co�erage R�- Persa�al Ancf Ad�ert�sing Enjury Lia�if€ty does not appiy ta "per5anal and adv��iising ir�jury"arising out of an offense committed before you acquir�d or #ormed the organization. B. The insurance af#orded to any organizatian as a Named Insured und�r this ltem 13. does not apply if a Broad Forrr► Named Insured endnrsement attached to this Poficy applies to that organization. EieEn 14. Waiver Oi Right Of Reco�ery By Written Contract Or Agreement The fo�iowing is added ta Paragraph 8. Transfer Of Rights Of ReCo�ery Against Others To Us of Section IV -- Commercial Generai Liability Conditions: We waive any rigF�t oi recovery because af paymenis we mafce under this Poficyfor injuryar damage arising oui of yaur angoing operations or "your work" Incfucled in the "products-compieted operatior�s hazard" ihat we may have against any person vr organization with whom you have agreed in a written corrtract or agreement to waive your rights Qf recovery but only if the "bodily injury" or "�raperty darnage" occ�rs, or afFense giving rise to "persortal and advertising injury" is committed subsequent to the execution of t�e written contract or agreement. LC 32 199 rty 'EB 4 201 B Liberty Mutua! lnsurance Page 5 of 5 Includes copyrighted material of insurancs 5ervices Office, Inc., with its permission. Palicy Number: AS2-Z91-471905-a30 TWlS END4R8EMEN7 CWANGE$ iH� POLiCY. PL�AS� REA[? I7" CAREFEILLY. DESIGNATED INSURED - NONCONTRfBUTING This endorsement modifies insurance provided under ihe following: BUSINESS AiJTO COVERAGE FORM GACiAGE COVERAGE FORM MOTOR CARRIERS COVERGE FORM TRIJCKERS COVERAGE FORM Wiih respect to co�erage pravided by this endorsement, the provisions of the Caverage Form apply unless modified by tf�is endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under ihe Who Is An fnsured Pro�ision of the Coverage Form. This ertdarsement does not a[fer coverage provided in the Co��rage fortn. SCfi@CEUIE Name of Person(s) or Organizations(s): Regarding �esignated Contract or Project: Each person or organization shown in the Schedule of this endarsement is an "insured" for Liability Coverage, but only to the extent that person or organizaiion qual�fies as an "insured" under the Who [s An Insured Provisio� containad in Section il of the Coverage Form. The following is added to the Other tnsurance Conditian: If you have agreed in a wriFtan agreement that this policy will be prirnary and without right of contribution fram any insurance in force for an Additinnal Insured for liability arising out of your operations, and the agreement was execuied prior to the "bodily injury" or "property damage", then this insurance will be prirt'�ary and we will noi seek contribution fram such insurance. AC 84 23 08 11 O 2010, Liberty Mutual Group of Companies. Alf rights reser�ed. Page 1 of 1 Includes copyrighted material of Insurance Services Office, lnc. with its perm�ssion. Policy Num6er : AS2-Z9'[-47'1905�030 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. AUTO ENHANCEMENT ENDORSEM�NT This endorsement modifies insurance provided under tf�e following: BUSINE55 AUTO C4VERAGE FORM I. II. III. iV. V. VI. VIl. VII[. [X. X. XI. XI1. Xllf. XIV. XV. XVI. XVII. XVlll. XIX. XX. XXI. XXII. XXII[. New]yAcquired or Farmed Organizations Employees as Insureds Lessor - Additional Insured and Loss Payee Supplemenfary Payments - Increased Limits Fe[!aw EmpEoyee Ca�erage Personal Proper#y of Others Addiiional Transportation Expense and Cost to Recover 5tolen Auto Airbag Ca�erage Tapes, Records and Discs Co�erage Physicaf Damage Deductible - Single Deductible Physical Damage D�ductibl� - Glass Physical Damage Deductibie - Vehicle Tracking System Duties in Event of Accident, Clairn, Suit or Loss Unintentional FaiEure to Discfose Hazards Worldwide Liabifity Coverage - Hired and Nonowned Autos Hired Auto Physicai Damage Auto Medical Payments Coverage Increased �.imits Dri�e Otf�er Car Co�erage - Broadened Coverage for Designated [ndividuals Rental Reimbursement Coverage �iotice of Cancellation or �[onrenewal LoaNLease Payaff Coverage Limited Mexico Co�erage Waiver of Subrogation E. NEWLY ACQl71RE� OR FORMED ORGANEZATIONS ihroUghout this policy, the words "you" and "your" also refer to any organization you newly acquire or form, other than a parinership or joint �enture, and o�er which you maintain ownership of more than 5Q percent interest, provided: A. There is no sirnilar insurance a�ai[able to that organization; B. Unless you notify us to add co�erage to your po[icy, the co�erage under this provision is afforded only until: 1. The 90th day after you acquire or form the organization; or 2. The end of the policy period, whichever is earlier; and C. Tf�e coverage does not apply to an "accident" wf�ich occurred before you acquired or for�ned the organization. AC 84 07 1�[ 17 O 20�7 Liberty Mutual Insurance Page 1 of 10 [ncludes copyrighted material of Insurance Services Office, lnc., with its permission. II. EMPLOYEES AS iNSIJREDS Paragraph A.9. Who Is An Insured of SECTI01� EI - CDVER�D AU7'OS LIABILITY COVERAGE is amended to add the following: Your "��"i�JIOyEE" is an "insured" while using with your �ermission a ca�ered "auto" you do not own, hire ar borrow in your business or your personal afFairs. III. LESSOR - ADDITIONAL. INSUR�D AiVD L.OSS PAYEE A. Any "leased auto" wili be considered an "auto° you own and not an "auto" you hire or borrow. The coverages provided under this section apply to any °[eased auta" until the axpiration date of ihis policy ar until the lessor or his or her agent taices possession of the "]eased auto" whichever occurs firsi. B. For any "leased auto" that is a covered "auto" under SECTION II - COVERED AUTOS LIABILfTY COVERAGE, Paragraph A.9. Who Is An Insured provision is changed to include as an "insured" the lessar of the "leased auto". Hawever, the fessor is an "insured" only for "bodi[y injury" ar "properfy damage" resuliing from the acts or omissions by: 1. You. 2. Any of your "employees" or agents; or 3. Any person, except the [essor or any "employee" or agent of the lessor, opera#ing a"[eased auto" with the permission of any of ih� aba�e. C. Loss Payee Clause 1. We will pay, as inter�sts may appear, you and the lessor of the "leased auto" for "[oss" to the covered "[eased auta". 2. The insurance covers the interest of the lessor of the `9eased auto" unless the "loss" results from fraud�[ent acts or omissions on your part. 3. If we make any payment to the lessor of a"[easecf auto", we will ohtain his or her rights against any other party. D. Cancellation 1. If we cancel the po[icy, we will mail notice io the lessor in accordance with the Canceilation Common Policy Condition. 2. If you cance6 the palicy, we will mai[ notice to the ]essor. 3. Cancellation ends this agreement. �. The lessor is noi liable for payment of your premi€�ms. �. For purposes af this endorsement, the foliowing definitio�s apply: "Leased auto" means an "auta" which you lease for a p�riod of six monihs or ]onger far use in your business, including any "temporary substituie" of such °[eased a�to". "Temporary subs�itute" means an "auto" that is furnished as a substitute for a covered "auto" when the co�ered "auto" is out of service because of its breafcdawn, repair, serrricing, "loss" or destruction. AC 84 47 11 17 O 2017 Liberty Mutuaf ]nsurance Page 2 of i0 Includes copyrighted rnaterial of Insurance Services Office, lnc., with its permission. IV. SUPPLEMENTARY PAYMENTS - INCREASED LIMIFS Subparagraphs A.2.a.(2) and A.2.a.(4} of S�CTiON fl - COV�RED AUTOS L[ABiLITY COVERAGE are deleted and replaced by t�e foflowing: (2] Up ta $3,000 for cost of baif bonds (incEuding bonds for refated traffic law �iofations) required beeause of an "accident" we eover. We do not have to furnisf� these bonds. {4) All reasonal�le expens�s incurred �y the "insured" at our request, ir�cfuding actual loss of earnings up #o $500 a day because of time off from work. V. FELLOW EMPLOYEE COVERAGE A. Exclusion 8.5. af SEC'ilON li - COVERED AUTOS LIABIL['iY COVERAGE does not app[y. B. For the purpose of Fellow ErnpEoyee Ca�erage anly, Paragraph B.5. of 5£CTION IV - BUSINE3S AUTO CONCiITIONS is changed as fol[ows: This FeI[ow Employee Co�erage is excess over any otF�er collectible insurance. VI. PERSONA�. PROP�RTY OF OTN�RS Exc[usion 6. in SECTION [I - COVERED AUTOS LIABILITY COVERAGE for a covered "atato" is amend�d to add the following: 7his exclusian daes nat apply to "property damage" or "covered pollution cost ar expense" in�ol�ing "personal property" of your "emp[oyees" or others whi[e such property is carried 6y the covered "auto". The Limit of Insurance for this coverage is $5,000 p�r "accident". Payrnent under this co�eraga does not increase the Limit of Insurance. For the purpos� af this section af this �ndorsement, "personal prope�#y" is defined as any property that is not used in tf�e individual's trade or business or held for the production or collection of income. V[I. ADDI�IONAL 7RANSP4RTA710N EXPENS� ANC] COS71"O RECOVER STOLEN AUTO A. Paragraph A.4.a. of SECT[ON 111 - PHYSICAL DAMAGE COVERAGE is amended as fo[fows: Tf�e amount we will pay is iRcreased to $50 per day and to a maximum limit of $1,000. B. Paragraph A.4.a. of SECT{ON III - PHYSICAL DAMAGE COVERAGE �s amended to add the fol[owing: I# your business is sF�own in the Qeclaratior�s as something other than an auto d�alership, we will a[so pay up to $1,ODQ for reasonable and necessary costs incurred by you to retum a sto[en co�ered "auto" frorn the p[ace where it is reco�ered to its usual garaging (ocation. Vlll. AIRBAG COVERAGE Exclusion B.3.a. in SECTION III - PHYSiCAL DAMAGE COVERAGE is am�nded to add the #ollawing: This exclusion does not apply to the accidental discharge of an airbag. IX. TAP�S, RECORDS AND b1SCS COVEF�ttAGE Exclusion B.4.a, of SECifON ill - PHYSiCAL DAMAGE COVERAGE is d�let�d and replaced by the following: a. Tapes, racords, discs or other similar audio, visual or data electronic da�ices designed for use with audio, �isual or data electronic equipment except when the tapes, records, discs or other similar audio, visual or data electronic devices: AC 84 07 14 77 O 2017 Liber[y Mutual fnsurance Page 3 of 10 Includes copyrighted material of Insurance 5ervices Office, fnc., with its permission. (9 ) Are your property ar that of a family member; and (2) Are in a cavered "auto" at the time of "loss". The most we wifl pay for '9oss" is $200. No Physica] bamage Ca�erage deductible applies to th9s coverage. X. PFlYSICAL �AMAGE DEDUCTIBLE - SINGLE DEDUC7IBLE Paragraph D. in 5�CTION IEI - PHYSICAL DAMAGE COVERAGE is deleted antf replaced by the followirtg: D. �eductible For each covered "auto", our obligation to pay for, repair, return ar re�lace damaged or stalen property will ba reduced by the applicable deductible shown in the �eclarations. Any Comprehensive Co�erage deducfible shown in the Declarations does not app[y to "foss" caused by #ire or lightning. When two or more cavered "autos" sustain "loss" in the sarrce callision, the total of all the "loss" for all the involv�d covered "autas° will be redUced by a single deductible, which will be the largest of a[I the deductibles applying ta all such co�ered "a�tos". XI. PHYSICAL bAMAGE DEDUCTIBL.� — G�.ASS Paragraph D. in SECTION Ili - PHYSICAL DAMAG� COVERAGE is amer�ded to add the following: No deductible applies to "loss" to glass if you elect ta patch or repair it rather than replace it. X[I. PFfY51CAL QAMAGE DEDllCTIBLE - VEHICLE TRACKING SYS�'�M Paragraph D. in SECi'lOI� III - PHYSiCAL DAMAGE COVERAGE is amended to acid: A�y Comprehensiv� Coverage Deductible shown in #he �eclarations will be reduced by 50% for any "loss" caused by ih�ft if the �ef�icle is equipped with a vehicle tracking device such as a radio tracKing device or a global positioning de�ice and that de�ice was the mathod of recavery of the vehicle. XIII. DUTI�S IN �VE[dT �F ACCIF]ENT, CLAIM, SUiT OR LOSS Subparagraphs A.2.a. and A.2.b. of SECTION iV- BUSINESS AUTO CONpITIONS are changed to: a. In the event of "accident", claim, "suit" or "loss", your insurance manager or any other person you designate must notify us as soon as reasonably possible of such "accident", claim, "suit" ar "loss". Such notice must include: (1) How, when and where the "accident" ar "lass" occurred; (2) The'Snsured's" name and address; and (3) To the extent possible, tha names and addresses of any injUred persons and witnesses. Knowiedge of an "accident", clairn, "suit" ar"loss" by your agent, servant or "emplayee" shafl not be considered Knowiedge l�y you unless you, your insurance manager or any other person you designate has received notice of the "accident", claim, "suit" or "loss" from yo€�r agent, servant ar "employee". b. AcEditionally, you and any other involved "insured" must: (1) Assume na obligation, make no payrnent or incur no expense without our consent, except at the "insured's" own cost, AC 84 07 1'i 77 O 2017 LiE�erty Mutual Insurance Page 4 of 10 Includes copyrighted materia! of Insurance Services Offce, Inc., with its perrt�ission. (2) lmmediatefy send us copies of any raquest, demand, order, notice, summons or iega[ pap�r recei�ed cancerning the c[aim or "suit". (3) Cooperate with us in the in�estigation or settlement of the claim or defense against the "suit". (q.} ,quthorize us to obtain medicaf records or other pertinent information. (5) Submit to examina#ion, at our �xpense, by physicians of our choice, as often as we reasonably require. XIV. t!NlNTENTIONAL FAILURE TO �ISCLOSE HAZARDS Paragraph B.2. in SECTION IV - BUSlNESS AUTO CONDITIONS is amended to acid the fallowing: Any unintentiona] failure to disclos� all exposures or hazards existing as of tf�e ef#ective daie of the Business Auto Co�erage Form or at any time during the poficy periad wilf not invafidate or adverseiy affect the coverage for such exposure or hazard. Hawe�er, you must repori the undisclosed exposure or hazard to us as soon as reasonably possible after its discovery. XV. WORL�WtDE LIABILITY COVERAG� - HIR�b AN� NONOWN�p AUTOS Condition B.7. in SECTION IV - BEISINESS AUTO CON�ITIONS is amended to add the following: �or "accidents" resuliing from the use or op�ration of covered "autas" you do not own, the coverage terriiory means all parts of the warld subject to the following pro�isions: a. ]f claim is made ar °suit" is brought against an "insured" outsid� of th� United States ofAmerica, its territories and possessions, Puerto Rico and Canada, we sf�all have the righi, but not tE�e duty to investigate, negatiate, and settle or defend such claim or "suit". If we do rtat exercise that right, the "insured" shall ha�e the duiy to in�estigate, negotiate, and settle or def�nd the claim ar "suit" and we wil] reirnburse the "insured" for ihe expenses reasonably incurred in connection with the investigation, settlement or defense. Reimbursement will be paid in the currency of the United States of America at the rate of exchange prevailing on the date of r�imbursement. ihe "insured" shall provide us with such information we shali reasanably request regarding such claim or "suit" and its investigatian, negotiation, and settlement or defense. The "insured" shal[ not agree to any settlement of the ciaim or "suiY' without aur consent. We shafl not unreasonably withhold consent. b. We are not lic�nsed to write insurance outside of the Uni#ed Staies of America, its territories or possessians, Puerto Rico and Canada. We wilf not furnish certificates af insurance or other e�idence o� insurance you may need for the purpose of complying with the laws of other cauntries relating to auto insurance. Failure to comply with the auto insurance laws of other countries may resu[t in fines or penalties. This insurance does not apply to such fines or penafties. XVI. �IIR�D AUTO PHYSICAL DAMAGE If no deductibles are shown in the Declarations for Physical Damage Coverage for Hired or Borrowed Autos, the fallowing wi[[ apply: A. We will pay for "loss" t�nder Compreh�nsi�� and Callision co�erages to a co�ered "auio" of the private passenger type hired without an operator for use in your business: AC 84 0711 17 �O 2D97 Liberty Mut�al Insurance Page 5 of 10 Includes capyrighted mater�al of ir�surance Ser�ices bffice, Inc., with its permission. 1. The most we wi[f pay for caverage afforded by this endorse[nent is the lesser of: a. The actual cost to repair or replace such co�ered "auto" with other property of like kind and quality; or b. TF�e actual cash �alue of such co�ered "auto" at the time of the "loss". 2. An adjustment for depreciation and physicai contfition will be made in determining actual cash value in the e�eni of a total "lass". 3. If a repair or rep[acement r�sults in be�ter than [ike kind or quality, w� wilf not pay for the amo�nt of the betterment. B. For each covered "auto", our obligation to pay for, repair, retum or replace the covered "auto" will be reduced by any daductibla shown in the Declarations ihat applies ta pri�ate passenger "autas" that you own. ]f no ap�licable deductil�le is shown in the Declarations, th� deductible wifl be $250. If the Declarations show other deductibles for Physical Damage Co�erages for Hired ar Borrowed Autos, this Section XVI of this endorsement do�s not app[y. C. Paragraph A.4.b. of SECTION !II - PHYSICAL DAMAGE COVERAGE is replaced by the fallowing: b. Loss of lJse Expenses �or Hirad Auta Physical Darr�age pro�ided by this endorsement, wa will pay expenses fior which an "insured" becames legalEy responsible to pay for loss of use of a private passenger vehicle rented ar hired without a dri�er, under a written rental contract or agreement. We will pay for loss of use expenses caused by: (1� Other than co[iision only if tf�e Declarations indicate that Comprehensi�e Coverage is pro�ided for any covered "auto"; (2} Specified Causes of L.oss anEy if fhe Declarations indicate that Specified Causes of Loss Co�erage is provided for any covered "auto"; or (3) Collision anly if the Declarations indicate that Collision Coverage is pro�ided for any co�ered "auto". However, the most we will pay under this co�erage is $30 per day, subject to a maximurr� of $90Q. XVfI. AUTO M�I�[CAL PAYMENTS COVERAGE - INCREASED LIMIT5 For any covered "loss", the Limit of Insurance for Aufo Medical Payments wil[ be doub[e the limit shown in the Decfarations if the "insured" was wearir�g a seat belt at the time of the "accidenf". Tf�is is the maximum amount we will pay for all co�ered medical expenses, regardless of the number of cavered "autos", "insureds", prerniums paid, clairns made, or �ehicles invoived in the "accident". If no limit of insurance ior Auto Medical Payrr�ents is shown on the beciaratians, this paragraph Section XVI[ of this endorsement does not apply. XV[II. DRIVE OTHER CAR COVERAGE - BROADENED COVERAGE FOR DESfGNATED IN[31VIDUALS A. This endorsement amends only those co�erages indicated with an "X" in the Dri�e Other Car section of the Sched�le to this endorsement. B. SECTiON II - COVERED ALITOS LIABILITY COVERAGE is amended as follows: 1. Any "auto" you don't own, hire or borrow is a co�ered "auto" for Liability Coverage while being usec[ by any indi�idual named in the Dri�e Other Car seciion of the Schedule to this endorsement or by his or her spouse while a resident of ihe same househofd except: AC 84 07 91 �E7 O 2017 Liberiy M�tual Insurance Page 6 of 10 Includes capyrighted material of insurance 5ervices Office, Inc., with its permission. a. Any "auto" owned by that individual or by any merr�ber of his or her household; or b. Any "auto" used 6y that indi�idual or his or her spouse whiie working in a business of selling, servicing, repairing or parking "autos". 2. The following is added to Who is An Insured: Any individual named iR the Dri�e Oiher Car section of the Schedule to this endorsement and his or her spouse, whiie a resident of the same household, are "insureds" whiEe using any covered "a�aio" described in paragraph B.9. of this endorsement. C. Auto Medical Payments, Uninsureci Motorist, anci Underinsured Moiorist Co�erages are amended as foflows: The following is added to Who Is An Insurecf: Any indi�iduai named in the Drive Other Car section of the Schedule to this endorsement and his or her "family members° are "ir�sured" whiEe "occupying" or whi[e a pedestrian when struck by any "auto" you don't own except: Any "auto" owned by that indi�idual or 6y any "family member". D. SECTION I!I - PHYSICAL DAMAGE COVERAGE is changed as faflows: Any pri�ate passenger type "auto" you don't awn, hire or borrow is a covered "auto" while in t�e care, custody or control of any individual named in the Drive OtF�er Car section of the Schedule io this endarsement or his or her spouse wf�ile a resident of the same household except: �I. Any "auto" awned by tl�at individual or by any member of his or her househald; or 2. Any "auto" used by that individual ar his or her spouse while working in a business of selling, servicing, repairing or parking "autos". E. For purposes of this endorsement, SEC'iION V- DEFINITIONS is amended to add the following: "Fami6y memb�r" means a person related to the individual named in ihe Drive Other Car section of the Schedule to iF�is endorsement by blood, marriage or adoption who is a resident of the individua['s hausahold, inc[uding a ward or foster child. X1X. RENTAL RE[MBURSEMENT COVERAGE A. For any owned covered "auio" for which Collision and Comprehensive Coverages are pro�ided, we will pay for rental reimbursement expenses incurred by you forthe rental of an "auto" because of a co�ered physical damage "loss" ta an owned co�ered "auto". Such payment applies in addition ta the otherwise applicable amount of physica[ darr�age coverage you have an a covered "auto". No cEeductibles apply to this co�erage. B, We will pay only for those expenses inc�rred during the policy period beginning 24 hours after the "loss" ar�d ending with the earlier of the return or repair of the covered "auto", or the exhaustion af th� coverage limit. C. Our payment is limitad to tha [esser of the following amounts: 1. �fecessary and actual expenses inc�rred; or 2. $30 per day with a maximum of $900 in any ane period. AC 84 07 19 17 4 2017 Liber�y Mutual Insurance Page 7 of 10 Includes copyrighted material of ]nsurance Services OfFce, [nc., with its permission. D. This coverag� does not appiy: 'I. While #here are spare or reser+re "autos" a�aila6le to yo� for yaur operations; or 2. If co�erage is provided by another endorsement aftached to ihis policy. �. If a covered "loss" results frorrc the total theft of a cavered "auto" of the private passenger type, we will pay under this coverage only that amount of your renta! reimbursement expenses which is nat already pro�ided for undar Paragraph A.4. Coverage Extensions of S�Ci[ON III -- PHYSICAL bAMAGE COV�RAG� of the Business Auto Ca��rage Form or Section VII of this endors�ment. XX. NO710E OF' CANCELE.ATION OR I�DNRENEWAL A. Paragraph A.2. of the COMMOI� POLICY CONaITEONS is changed to: 2. We may cancel ar nan-renew this policy by mailing writien notice of cancellation or non-renewal to th� Named Insured, and to any name(s) and address(es} shown in the Cancellation ar�d Non-renewal Schedule: a. For reasons of non-payment, the greater of: {�{) 10 days; or (2) The number of days specified in any other Cancellation Condition attached to this po[icy; or b. For reasons other than non-payment, the greater of: (1 J 60 days; {2) The number of days shown in the Cancellation a�d f�on-renewa] Schedule; or (3) The number of days specified in any other Canceliation Conditian attached to this policy, prior to the efFective date of #he cancellation or non-renewal. B. AIE other terrr�s of Paragraph A. of the COMMON POLICY CONDITIONS, and any amendments ther�to, remain in full force and effiect. XXI. �.DANIL,�AS� PAYOFF CQVERAGE The following is added to Paragraph C. Limits Of lnsurance of S�C710N III - PHYSICAL. DAMAGE COV�RAGE: ]n the event ofi a totaf "lass" to a covered "auto" of the private passenger type shown in ihe schedule or declarations for which Collision and Comprehensive Cov�rage apply, we will pay any unpaid amount due on the lease or ioan for that covered "auto", fess: 7. The amount paid under the PHYSICAL DAMAGE COVERAGE SEGTION of the po[[cy; and 2. Any: a. O�erdue leaselloan payments af the time of the "loss"; b. Financial penalties imposec� under a lease for exc�ssiv� us�, abnormal wear and tear or high mileage; c. Security deposits nvi returned by the lessor; d. Casts for extended warranties, Credit Life lnsurance, Health, Accident ar Disability Insurance purchas�d with the loan or lease; and AC 84 U7 11 17 O 2017 Liberty Mutuaf ]nsurance Page 8 of 1� Includes copyrighted material of Insurance 5ervices Office, fnc., with its permission. e. Carry-o�er balances from previous loans ar leases. This coverage is limited ta a maximurr� of $1,500 for each co�ered "auto". XXII.LIMIT�� M�XICD COVERAGE WARN[NG AUTO ACCIDE�ITS IN MEXICO ARE SUBJECT TO THE LAWS O� MEXICO O�iLY - NOT THE LAWS OF THE 11N17ED STATES OF AM�RICA. THE REf'UBLIC 0� M�X[CO CONSIDERS ANY AUTO ACCIDENT A CRIMINAL OFFENS� A5 WELL AS A C1VEL MATTER. IN SOM� CASES THE COVERAGE PROVIDE� UNDER THIS ENDORSEMENT MAY NOT BE RECOGNiZED BY THE M�XfCAN AUTHORITIES AND WE MAY [V�T BE ALL.OWED �O IMPLEM�NT THIS COVERAGE AT ALL IN MEXICO. YOU SHOULD CONSIQER PIJRCHAS[NG AUTO COVERAGE FROM A LICENSED MEXICAN INSURANC� COMPAf�Y BEFOR� bR1VING WTO MEXICO. THiS ENDORSEMENT �OES �IOT APPLY TO ACCI�ENTS OR LOSSES WMlCH OCCUR BEYOND 25 MILES �ROM THE BOUNDARY 4F' 7HE UN17ED SiAi�S 0� AMERICA. A. Coverage 1. Paragraph 8.7. af SECTION IV - BUSfNESS AUTO COHDIT[ONS is amended by ihe additian of the following: The co�erage territary is exiended to include Mexico but only if all of the following crit�ria are met: a. The "accidents" or "lass" occurs within 25 mi[es of the United States border; and h. While on a trip into Mexico for 10 days or Eess. 2. For coverage pro�ided by this secfiion ofi the endorsement, I'aragraph 6.5. Other Ins�rance in SECTION IV - BUSINESS AUTO COI�DITIONS is replaced by the follawing: The insurance provided by this endarsement will be excess a�er any other colfectible insurance. B. Physical Damage Coverage is amended by the addition of the fol[owing: If a"loss" to a covered "auto" occurs in Mexico, we will pay for such "]oss" in the United States. If t�e co�ered "auto" rr�ust be repaired in Mexico in order ta be dri�en, we will not pay more than the actual cash value of such "loss" at the nearesi United States point where the repairs can be made. C. Additional Exclusions The fo![owing additional �xclusions ar� added: This insurance does not app[y: 1. !f th� covered "auta" is not principally garaged and principaliy used in th� iJniied S#aies. 2. To any "insured" who is not a resident of the United States. XXIII. WAIVER OF Si1BROGATION Paragraph A.�. in SECTION N- BUSfNE55 AUTO CONDITIONS daes not apply to any person nr organization where ihe Namad Insured has agreed, by written contract executed priar to the date of "accident", to waive rights of r�covery against such person or organization. AC 84 0719 77 O 2017 Liber[y Mutual Insurance Page 9 of 90 Includes copyrighted material of [nsurance Services Office, Inc., with its permission. Premium Liability Physical Damag� Total Premium XVlli. Drive Oiher Car LiAB MP Name of Indi�idual XX. Notice of Cancepation or Nonrenewal Name and Address Schedule EIM UIM COMP COLL Nurnber of Days AC 84 U711 17 OO 20i7 Liberty Mutuai Insurance Page '(0 of 10 Includes copyrighted material of Insurance Servic�s OfFice, Inc., with its p�rmission. 0 0 1"EXAS WAIVER OF O{JR FtIGHT TO i2ECOV�R FROM OTH�RS �NDORSEME�lT 7his endorsement applies only to the insurance provided by tF�e policy because Texas is shown in Item 3.A. af the lnformatior� Page. We have the right to recover aur payments from ar�yone iiable for an injury covered hy this poiicy. We wifl not enfor�e our right against the perso� ar organization named in the 5chedule, but this waiver applies oniy with respect to bodily irtjury arising out af the operations described in the Schedule where you are required by a written cor�tract ta obtain this wai�er from us. This endvrserr�ent shall not operate directly or indirectly to henefi# anyone rrpt r�amed in the Schedule. The pretr�ium for #his endorsement is shown in the Schedule. 1. ( } Spe[itic Waiver Name of persor� or organizatian 5chedufe (X} Blanket Waiver Any persan ar organization for whom #he Named Insured has agreed by vuritter� cvntract to furnish #his wai�er. Z. Operations: Ali 7'exas operations 3. Premium: The premium charge for this endorsem�€�t shall be 2.Q percent of the premium developed on payroll in connectior� with work performed �or the abave person(s) or organization(s) arising o�t of the operations described. 4. Advance Premium: Issued by �iberty Mutuaf Fire fnsurance Company'Eb586 For attachment to Policy No.WC2-Z91-471405-4'i0 Effect�ve pate Premiurn � Issued to Bean Electricaf.lnc. WC 4� 03 04 B � Copyright 2014 National Councii on Compensafion Insurance, fnc. Ed. 06/0i12014 All Rights Reserved, Page 1 of 't 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects [Insert Project Number] Revised December 20, 2012 SECTION 01 11 00 SUMMARY OF WORK PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Summary of Work to be performed in accordance with the Contract Documents B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 2. Division 1 - General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Work Covered by Contract Documents 1. Work is to include furnishing all labor, materials, and equipment, and performing all Work necessary for this construction project as detailed in the Drawings and Specifications. B. Subsidiary Work 1. Any and all Work specifically governed by documentary requirements for the project, such as conditions imposed by the Drawings or Contract Documents in which no specific item for bid has been provided for in the Proposal and the item is not a typical unit bid item included on the standard bid item list, then the item shall be considered as a subsidiary item of Work, the cost of which shall be included in the price bid in the Proposal for various bid items. C. Use of Premises 1. Coordinate uses of premises under direction of the City. 2. Assume full responsibility for protection and safekeeping of materials and equipment stored on the Site. 3. Use and occupy only portions of the public streets and alleys, or other public places or other rights-of-way as provided for in the ordinances of the City, as shown in the Contract Documents, or as may be specifically authorized in writing by the City. a. A reasonable amount of tools, materials, and equipment for construction purposes may be stored in such space, but no more than is necessary to avoid delay in the construction operations. MCPHERSON BOULEVARD CPN 102738 01 11 00 - 2 DAP SUMMARY OF WORK Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects [Insert Project Number] Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere with the use of spaces that may be designated to be left free and unobstructed and so as not to inconvenience occupants of adjacent property. c. If the street is occupied by railroad tracks, the Work shall be carried on in such manner as not to interfere with the operation of the railroad. 1) All Work shall be in accordance with railroad requirements set forth in Division 0 as well as the railroad permit. D. Work within Easements 1. Do not enter upon private property for any purpose without having previously obtained permission from the owner of such property. 2. Do not store equipment or material on private property unless and until the specified approval of the property owner has been secured in writing by the Contractor and a copy furnished to the City. 3. Unless specifically provided otherwise, clear all rights-of-way or easements of obstructions which must be removed to make possible proper prosecution of the Work as a part of the project construction operations. 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, plants, lawns, fences, culverts, curbing, and all other types of structures or improvements, to all water, sewer, and gas lines, to all conduits, overhead pole lines, or appurtenances thereof, including the construction of temporary fences and to all other public or private property adjacent to the Work. 5. Notify the proper representatives of the owners or occupants of the public or private lands of interest in lands which might be affected by the Work. a. Such notice shall be made at least 48 hours in advance of the beginning of the Work. b. Notices shall be applicable to both public and private utility companies and any corporation, company, individual, or other, either as owners or occupants, whose land or interest in land might be affected by the Work. c. Be responsible for all damage or injury to property of any character resulting from any act, omission, neglect, or misconduct in the manner or method or execution of the Work, or at any time due to defective work, material, or equipment. 6. Fence a. Restore all fences encountered and removed during construction of the Project to the original or a better than original condition. b. Erect temporary fencing in place of the fencing removed whenever the Work is not in progress and when the site is vacated overnight, and/or at all times to provide site security. c. The cost for all fence work within easements, including removal, temporary closures and replacement, shall be subsidiary to the various items bid in the project proposal, unless a bid item is specifically provided in the proposal. MCPHERSON BOULEVARD CPN 102738 01 11 00 - 3 DAP SUMMARY OF WORK Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects [Insert Project Number] Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE MCPHERSON BOULEVARD CPN 102738 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, MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 01 31 19 - 1 DAP PRECONSTRUCTION MEETING Page 1 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 SECTION 01 31 19 PRECONSTRUCTION MEETING PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Provisions for the preconstruction meeting to be held prior to the start of Work to clarify construction contract administration procedures B. Deviations from this City of Fort Worth Standard Specification 1. No construction schedule required unless requested by the City. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various items bid. No separate payment will be allowed for this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Coordination 1. Attend preconstruction meeting. 2. Representatives of Contractor, subcontractors and suppliers attending meetings shall be qualified and authorized to act on behalf of the entity each represents. 3. Meeting administered by City may be tape recorded. a. If recorded, tapes will be used to prepare minutes and retained by City for future reference. B. Preconstruction Meeting 1. A preconstruction meeting will be held within 14 days after the delivery of the distribution package to the City. a. The meeting will be scheduled and administered by the City. 2. The Project Representative will preside at the meeting, prepare the notes of the meeting and distribute copies of same to all participants who so request by fully completing the attendance form to be circulated at the beginning of the meeting. 3. Attendance shall include: a. Developer and Consultant b. Contractor's project manager c. Contractor's superintendent d. Any subcontractor or supplier representatives whom the Contractor may desire to invite or the City may request MCPHERSON BOULEVARD CPN 102738 01 31 19 - 2 DAP PRECONSTRUCTION MEETING Page 2 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 e. Other City representatives f. Others as appropriate 4. Preliminary Agenda may include: a. Introduction of Project Personnel b. General Description of Project c. Status of right-of-way, utility clearances, easements or other pertinent permits d. Contractor’s work plan and schedule e. Contract Time f. Notice to Proceed g. Construction Staking h. Progress Payments i. Extra Work and Change Order Procedures j. Field Orders k. Disposal Site Letter for Waste Material l. Insurance Renewals m. Payroll Certification n. Material Certifications and Quality Control Testing o. Public Safety and Convenience p. Documentation of Pre-Construction Conditions q. Weekend Work Notification r. Legal Holidays s. Trench Safety Plans t. Confined Space Entry Standards u. Coordination with the City’s representative for operations of existing water systems v. Storm Water Pollution Prevention Plan w. Coordination with other Contractors x. Early Warning System y. Contractor Evaluation z. Special Conditions applicable to the project aa. Damages Claims bb. Submittal Procedures cc. Substitution Procedures dd. Correspondence Routing ee. Record Drawings ff. Temporary construction facilities gg. MBE/SBE procedures hh. Final Acceptance ii. Final Payment jj. Questions or Comments MCPHERSON BOULEVARD CPN 102738 01 31 19 - 3 DAP PRECONSTRUCTION MEETING Page 3 of 3 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE MCPHERSON BOULEVARD CPN 102738 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] MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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) MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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] MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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] MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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] MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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". MCPHERSON BOULEVARD CPN 102738 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. MCPHERSON BOULEVARD CPN 102738 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 MCPHERSON BOULEVARD CPN 102738