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Home My WebLink AboutContract 56559-PM1CSC No. 56559-PM1 03/20/2020 DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 00 00 10- 2 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 2 of 7 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: http://fortworthtexas. _�ov/tpw/contractors/ or https://a�ps.fortworthtexas. og v/ProjectResources/ Division 02 - 02 41 13 02 41 14 n��. ^�� sting Conditions Selective Site Demolition Utilitv Removal/Abandonment Last Revised 12/20/2012 12/20/2012 n� in�� Division 31- Earthwork Last Revised �i innn i�i�ni�ni� �o �z 31 23 16 Unclassified Excavation O1/28/2013 � i�� n i i�� 31 24 00 Embankments O1/28/2013 31 25 00 Erosion and Sediment Control 12/20/2012 �-88 �e�s , � ��- "�'� �i ��nn i�i�ni�ni� �-�--oo �z CITY OF FORT WORTH 14700 Blue Mound — Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103526 Revised September 1, 2015 Division 03 - Concrete Last Revised Division 26 - Electrical Last Revised DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 00 00 10- 3 PROJECT RECORD DOCUMENTS FOR DEVELOPER AWARDED PROJECTS Page 3 of 7 � �� i n in�ro � �� z�--�iT�� z�--�i �� i i� r�t,,,;� r:ry �o�,.o� „�,a �„�o� i � i�ni�ni � �� z �� i �� x�:..o �or,.o� .,�a r_.,�o� i �i�ni�ni � �o �z '27�� x7,,,,a �o,�,.o� .,,�a !'!.,ro� 17/7zzrzvi�vii 2 7�� C��f� G��ri-v ry 32 91 19 To soil Placement and Finishin of Parkwa s 12/20/2012 �� m i� i�i�ni�ni� �� , , �z �� n� rr..00� .,�a c�....,i.� i �i�ni�ni � �� z Division 33 - Utilities Last Revised � ��o , � �� ni �i n�in�i�ni� �--o-�T �� n� in i�i�ni�ni� �--�-To �z � ��o r��z�� nn i i r�,.,...,,�;,,r r�„r�,.,.t rro�. e.,,.;,.r� i �i�ni�ni � �T �z �� nn i� i�i�ni�ni� �--�-Tz �z � ��o n� in�n� 33 04 40 Cleanin and Acce tance Testin of Water Mains 02/06/2013 � ��o , � i�,z,�� 33 OS 10 Utilit Trench Excavation, Embedment, and Backfll 12/20/2012 �� nc i� i�i�ni�ni� �--�-Tz �z �� nc i � ni i��i�ni � �--�-z� , �o � � n�� nc i n i �i�ni�ni � �� > > > �-�-�--�z �9--� 33 OS 16 Concrete Water Vaults 12/20/2012 ��T r„r,...o�o r„»,,..� , �� o , � i�,z,�� 22�v�iT T„«..-.ol r;,�.o,- nl.,�o rl.��Z.�z-i �� nc �� i �i�ni�ni � �--�-zz �z �� nc �� i �i�ni�ni � �--�-z� �z � �� o r��z�� 33 OS 30 Location of Existin Utilities 12/20/2012 33 11 OS Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pi e 12/20/2012 33 11 11 Ductile Iron Fittin s 12/20/2012 33 11 12 Pol vin 1 Chloride PVC Pressure Pi e 11/16/2018 �� ii i� i�i�ni�ni� �� , , �z �� ii in i�i�ni�ni� �T �z �� i � i n �x�.,+o.. co,-.,:,.o� i;�,.i, .,, �:r,.�, n�ii n i�ni � 7T�T0 V�1T 33 12 11 Lar e Water Meters 12/20/2012 33 12 20 Resilient Seated Gate Valve 12/20/2012 � ��T , � i�� 33 12 25 Connection to Existin Water Mains 02/06/2013 ��-'�o r��z�� 2 2�- i z�v no��z�� CITY OF FORT WORTH 14700 Blue Mound — Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN 103526 Revised September 1, 2015 N/A N/A N/A N/A N/A N/A N/A N/A DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 00 42 43 DAP - BID PROPOSAL Page 1 of7 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Unit of Bid Description Specification Section No. Unit Price Bid Value No. Measure Quantity UNIT I: WATER IMPROVEMENTS 1 0241.1514 Salvage 2" Water Meter 02 41 14 EA 1 $100.00 $100.00 2 3292.0201 Utility Service Surface Restoration Seeding 32 92 13 SY 55 $2.00 $110.00 3 3305.0109 Trench Safety 33 05 10 LF 15 $100.00 $1,500.00 4 3311.0001 Ductile Iron Water Fittings w/ Restraint 33 11 10 TON 0.5 $3,000.00 $1,500.00 5 3311.0041 4" DIP Water Pipe 33 11 10, 33 11 12 LF 10 $20.00 $200.00 6 3311.0141 6" Water Pipe 33 12 20 LF 5 $25.00 $125.00 7 3312.2802 4" Water Meter and Vault 33 12 11 EA 1 $1,700.00 $1,700.00 8 3312.3001 4" Gate Valve 33 12 20 EA 1 $1,400.00 $1,400.00 9 3312.4102 10" x 6" Tapping Sleeve and Valve 33 12 25 EA 1 $8,500.00 $8,500.00 10 11 12 f 13 14 15 16 17 18 i � 19 20 21 22 — — 23 24 25 26 27 — — 28 — — 29 — — 30 31 32 33 34 35 36 37 38 39 40 41 42 43 TOTAL UNIT I: WATER IMPROVEMENTS $15,135.00 CITY OF FORT WORTH STANDARD CONSTRUC7ION SPECIFICATION DOCUMCN'1'S - DCVELOPER AWARDED PROJECTS Form Versfon May 22, 2019 42 43_Bid Proposal_DAP Sr. Project Manager 08/02/21 DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 0045 i2 DAP PREQUAL{FICATIOAf STATEMENT Page 1 of 1 sECTioN aa as i2 DAP — PREQUALI�'ICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors andlor subcontz�actors vvhom they intend to utilize for the majar work type(s) lis�ed. In the_"Major Work 'T'yne" box provide the complete major work type and actual description as provided bv the Wat�r Department for water and sewer and TPW far paving, Majvr Wark Type ContractarlSubcontractor Company Name Prequalification Ex iration Date Water Distribution, Moss Utilities, LLC 4/30/22 De�elop�nent, 8-inci� dia�neter and smaller The undersigned hereby certifies that the contractors and/or subc�ntractors described in the table above are currently prequalified for the work rypes listed. BIDDER: �j S f (�}-�:�i[ s � (�.� � (Sig e} TITLE: �*��c�-- M.w,,,�,Cr DATE: gf3ja,1 END OF SECTION CIFY dF FORT WORTH S7ANDAROCONSTRIFCTION PREQUALIFICATIpN $TATEMEN7--oEVeLppERAWARDE� PROJECTS f}04512_Prequalification Statement 2015_DAP Form Version Septem6er 1, 2015 DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTiON 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. TBD. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: MY"C:ON Crencral CcmiractGn:S, [�7c By: Charles Myers Company (Please Print) _1731 ] Dallas Parkway, Suite 300 Signature: _�_�. Address D�llas, T'exas 75248 Title: Sr. Project Manager City/State/Zip (Please Print) THE STATE OF TEXAS � COUNTY OF TARRANT BEFORE ME, ti�e undersigned authority, on this day personally appeared [�j�,j {� �`�j,�f �i('S , lrnown to me to be the person whose name is s�ihscr�e� to the oreguiizQ instr��r�eiit, and acknowled��d to me that he/she executed the same as the act and deed of ��t �vQl��e fr'Y'1en -� for the purposes and consideration therein expressed �i� in the capacity therein stated. GI � N iTND�.I� MY HAND AND SEAL OF OFFICE this 2—' �iay of l.L� , 20 2 � r •QY °�rr CINDY LOREiTA BECKER Notary ID t1106904t2 ,,� .r� My Commission Expires ''��'q *E� April 26, 2025 r Notary Public 'n �nd for the State of Texas END OF SECTION CiTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 14700 Bluc Mound Road — Water Mctcr CPN 103526 8/2/2107/29/2021 15,135 Fifteen thousand one hundred and thirty five DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 005243-3 Developer Awarded Project Agreement Page 3 of 4 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its of�cers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, bv anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnitication provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sou�ht were caused, in whole or in part, bv anv act, omission or negli�ence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement are defined in Article ] of the Standard City Conditions of the Construction Contract for Developer Awarded Projects. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the Developer. 73 Successors and Assigns. Developer and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon DEVELOPER and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH 14700 Blue Mound - Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103526 Revised July, 2021 8/02/21 Charles Myers DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 SECTION 00 61 25 CERTIFICATE OF 1NSURANCE END OF SECTION CITY OF FORT WORTH 14700 Blue Mound Road — Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 103526 Revised July 1, 2011 ÐÑÔ×ÝÇ ÒËÓÞÛÎæ ÌØ×Í ÛÒÜÑÎÍÛÓÛÒÌ ÝØßÒÙÛÍ ÌØÛ ÐÑÔ×ÝÇò ÐÔÛßÍÛ ÎÛßÜ ×Ì ÝßÎÛÚËÔÔÇò ßÜÜ×Ì×ÑÒßÔ ×ÒÍËÎÛÜ ó ÑÉÒÛÎÍô ÔÛÍÍÛÛÍ ÑÎ ÝÑÒÌÎßÝÌÑÎÍ ó ÑÐÌ×ÑÒ ×× Ì¸·- »²¼±®-»³»²¬ ³±¼·º·»- ·²-«®¿²½» °®±ª·¼»¼ «²¼»® ¬¸» º±´´±©·²¹æ ÝÑÓÓÛÎÝ×ßÔ ÙÛÒÛÎßÔ Ô×ßÞ×Ô×ÌÇ ÝÑÊÛÎßÙÛ ÐßÎÌ ÍÝØÛÜËÔÛ Ò¿³» Ñº ß¼¼·¬·±²¿´ ×²-«®»¼ Ð»®-±²ø-÷ Ü»-·¹²¿¬»¼ Ð®±¶»½¬ø-÷ Ñ® Ô±½¿¬·±²ø-÷ Ñ® Ñ®¹¿²·¦¿¬·±²ø-÷æ Ñº Ý±ª»®»¼ Ñ°»®¿¬·±²-æ ×²º±®³¿¬·±² ®»¯«·®»¼ ¬± ½±³°´»¬» ¬¸·- Í½¸»¼«´»ô ·º ²±¬ -¸±©² ¿¾±ª»ô ©·´´ ¾» -¸±©² ·² ¬¸» Ü»½´¿®¿¬·±²-ò ßò É·¬¸ ®»-°»½¬ ¬± ¬¸±-» °»®-±²ø-÷ ±® ±®¹¿²·¦¿¬·±²ø-÷ ·² ¬¸» Í½¸»¼«´»å ±® 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®»-°»½¬ ¬± ·²-«®¿²½» °®±ª·¼»¼ ¬± ¬¸»ß´´ ±¬¸»® ¬»®³- ¿²¼ ½±²¼·¬·±²- ·² ¬¸» °±´·½§ ®»³¿·²°»®-±²ø-÷ ±® ±®¹¿²·¦¿¬·±²ø-÷ ¬¸¿¬ ¿®» ¿¼¼·¬·±²¿´ «²½¸¿²¹»¼òÉ¸»² Ç±« ·²-«®»¼- «²¼»® ¬¸·- »²¼±®-»³»²¬ô ¬¸» ß¼¼ Ñ¬¸»®- ß- ß² ß¼¼·¬·±²¿´ ×²-«®»¼ Ì± Ì¸·- ×²-«®¿²½»Ñ¬¸»®-«¾°¿®¿¹®¿°¸ô «²¼»® ¬¸» ×²-«®¿²½»Í»½¬·±² ×Ê Ý±³³»®½·¿´ Ý±²¼·¬·±² ±º Ù»²»®¿´ Ô·¿¾·´·¬§ Ý±²¼·¬·±²-·- ®»°´¿½»¼ ©·¬¸ ¬¸» º±´´±©·²¹æ Ð¿¹» î ±º î Ú±®³ ØÍ îì èï ðé ïí THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form HS 24 24 12 14 Page 1 of 6 A B C D E F G H I J CONTRACTORS BROAD FORM ENDORSEMENT - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX 1.Alienated Premises Coverage.......................................................................................................................................1 2.Damage To Your Work..................................................................................................................................................1 3 Contractors Limited Professional Liability .....................................................................................................................1 4.Per Project and Per Location General Aggregate Limits Of Insurance.........................................................................2 5. Motor Vehicle Laws .......................................................................................................................................................3 6.Medical Payments Coverage – Including Products - Completed Operations ...............................................................3 7.Insured Contract – Construction Operations And Municipal Work................................................................................3 8. Injury To Employee’s Reputation With Respect To Incidental Medical Malpractice ....................................................3 9.Bodily Injury Employee Suits.........................................................................................................................................3 10.Consolidated Insurance (Wrap-Up) Programs..............................................................................................................3 11.Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability ........................................4 12.Contractual Liability Coverage For Personal And Advertising Injury.............................................................................5 13.Supplementary Payments .............................................................................................................................................6 14.Notice of Cancellation to Certificate Holders.................................................................................................................6 1. ALIENATED PREMISES COVERAGE Exclusion j. Damage To Property of Section I – Coverage A is amended as follows: a.The following exception to the exclusion is deleted: Paragraph (2)of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. b.This exception is replaced by the following: Paragraph (2)of this exclusion does not apply if the premises are "your work". 2. DAMAGE TO YOUR WORK Exclusion l. Damage To Your Work of Section I-CoverageAis replaced by the following: l. Damage to Your Work "Property damage" to that particular part of "your work" out of which damage arises and included in the "products-completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. This provision does not apply if exclusion l. Damage To Your Work has been otherwise modified by endorsement. 3. CONTRACTORS LIMITED PROFESSIONAL LIABILITY The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage A - Bodily Injury And Property Damage Liability, and to Paragraph 2., Exclusions of Section I - Coverage B - Personal And Advertising Injury Liability: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. 46 CSE QU3371 EFF: 12/3/20 - 21 Page 2 of 6 Form HS 24 24 12 14 Professional services include: (1)The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and (2)Supervisory or inspection activities performed as a part of any related architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising injury”, involved the rendering of or failure to render any professional services by you with respect to your providing engineering, architectural or surveying services in your capacity as an engineer, architect or surveyor. This exclusion does not apply to your operations in connection with construction work performed by you or on your behalf. However, this exception to the exclusion will not apply if you are in the business or profession of providing the professional services described above independent from the construction work performed by you or on your behalf. In the event this insurance applies to any injury, damage, loss, cost or expense covered by Professional Liability insurance issued by a company unaffiliated with us, then the insurance afforded under this Coverage Part is excess over such other valid and collectible Professional Liability insurance (including any deductible or self-insured retention portion thereof), and any other valid and collectible insurance available to the insured whether primary, excess, contingent or on any other basis. 4. PER PROJECT AND PER LOCATION GENERAL AGGREGATE LIMITS OF INSURANCE A.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A,and for all medical expenses caused by accidents under Section I - Coverage C ,whichcanbe attributed only to ongoing operations at a single “project” or a single “location”; 1.A separate Per Project General Aggregate Limit or a separate Per Location General Aggregate Limit applies to each “project” or “location”, whichever is applicable. The Per Project General Aggregate Limit and Per Location Aggregate Limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2.The Per Project General Aggregate Limit or the Per Location General Aggregate Limit, whichever applies, is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard", and for medical expenses under Coverage C regardless of the number of; a.Insureds; b.Claims made or "suits" brought; or c.Persons or organizations making claims or bringing "suits". 3.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the Per Project General Aggregate Limit for that “project” or the Per Location General Aggregate for that “location”, whichever applies. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, the Per Project General Aggregate Limit for any other “project”, or the Per Location General Aggregate Limit for any other “location”. 4.The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Per Project General Aggregate Limit if attributable only to ongoing operations at a single “project” or the Per Location General Aggregate if attributable only to ongoing operations at a single “location”. B.For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Section I - Coverage A and for all medical expenses caused by accidents under Section I - Coverage C , which cannot be attributed only to ongoing operations at a single “project” or a single “location”; 1.Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. C.When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit,or any Per Project General Aggregate Limit or any Per Location General Aggregate Limit. Form HS 24 24 12 14 Page 3 of 6 D.The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. E.The following is added to Section V - Definitions: "Project" means a premises an insured does not own or rent and where such insured performs construction-related operations. Each “project” involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right-of-wayrailroad shall be considered a single “project”. If a "project" has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the “project” shall be considered a single “project”. “Project” does not include a premises that is a “location”. “Location” means a premises an insured owns or rents and where such insured performs business operations other than construction-related operations. Each “location” involving the same or connecting lots, or premises whose connection is separated by a street, roadway, waterway or right- of-way railroad shall be considered a single “location.” “Location” does not include a premises that is a “project”. This provision does not apply if the Per Project and the Per Location General Aggregate Limit has been otherwise modified by endorsement. 5. MOTOR VEHICLE LAWS The following are added to Section IV - Commercial General Liability Conditions: 1.With respect to mobile equipment to which this insurance applies, the insurance provided by the coverage part for Bodily Injury Liability or Property Damage Liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. 2.With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no- fault or other coverages required by any motor vehicle insurance law. We will provide the required limits for those coverages. This provision applies only when there is no other valid or collectable insurance. 6. MEDICAL PAYMENTS COVERAGE – INCLUDING PRODUCTS-COMPLETED OPERATIONS Paragraph 1.a.of the Insuring Agreement – Coverage C is replaced by the following: 1. Insuring Agreement a.We will pay medical expenses as described below for "bodily injury" caused by an accident: (1)On premises you own or rent; (2)On ways next to premises you own or rent; (3)Because of your operations; or (4)Included within the definition of the "products-completed operations hazard;" provided that: (1)The accident takes place in the "coverage territory" and during the policy period; (2)The expenses are incurred and reported to us within three years of the date of the accident; and (3)The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 7. INSURED CONTRACT – CONSTRUCTION OPERATIONS AND MUNICIPAL WORK Paragraph d.of the definition of ''insured contract'' in Section V -Definitions is deleted and replaced by the following: d.An obligation, as required by ordinance, to indemnify a municipality. 8. INJURY TO EMPLOYEE'S REPUTATION WITH RESPECT TO INCIDENTAL MEDICAL MALPRACTICE A.The following is added to paragraph 1.e.of the Insuring Agreement –Coverage A: (3)With respect to incidental medical malpractice, "bodily injury" includes damages claimed for injury to emotions or reputation of an "employee" arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic services. B.The following exclusion is added to Coverage B - Personal and Advertising Injury: "Personal and advertising injury arising out of the rendering or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic. 9. BODILY INJURY EMPLOYEE SUITS A. "Bodily injury" as listed in paragraph 2.a.(1)of SectionII-WhoIsAnInsured,does not apply to 2.a.(1)(a)through 2.a.(1)(c). B. Part a.of Paragraph 4. Mobile Equipment in Section II - Who Is An Insured does not apply. C.Part a. of Paragraph 5. Nonowned Watercraft in Section II - Who Is An Insured does not apply. 10. CONSOLIDATED INSURANCE (WRAP-UP) PROGRAMS The following exclusion is added to Section I Coverage A: The term project as used in this subparagraph 10. means any construction project subject to a “consolidated insurance (wrap-up) program”. Page 4 of 6 Form HS 24 24 12 14 This insurance does not apply to any “bodily injury” or “property damage” arising out of any project or premises where an insured under this policy is also an insured under a commercial general liability (CGL) policy included within a “consolidated insurance (wrap-up) program.” This exclusion applies even if the limits of insurance for such "consolidated insurance (wrap-up) program" are exhausted or the CGL coverage afforded under the “consolidated insurance program” is narrower in scope than the coverage provided by this policy. This exclusion does not apply to: A."Bodily injury" or "property damage" that commences after the "products-completed operations hazard" coverage or any completed operations extension provided by the "consolidated insurance (wrap-up) program" has ended or is no longer in effect. B."Bodily injury" or "property damage" when an insured under this policy is also an insured under the “consolidated insurance (wrap-up) program”, but is performing certain operations that are not included in the “consolidated insurance (wrap-up) program” if the project or premise subject to the “consolidated insurance (wrap-up) program” is endorsed onto this policy. C."Bodily injury" or "property damage" for which you are solely an additional insured under the “consolidated insurance (wrap-up) program”. To the extent that this insurance applies to any “bodily injury” or “property damage” arising out of a project or premises covered by a “consolidated insurance (wrap- up) program” per 10.A., we will apply either the coverage terms of this policy, or the coverage terms of the “consolidated insurance (wrap-up) program”, whichever coverage terms are narrower. To the extent that this insurance applies to any “bodily injury” or “property damage” arising out of a project or premises covered by a “consolidated insurance (wrap- up) program”, this policy shall be subject to audit for premium based on payroll or construction value associated with operations performed by the insured for the project or on the premises related to the “consolidated insurance (wrap-up) program” pursuant to this policy’s premium audit provisions. "Consolidated insurance (wrap-up) program" means any agreement or arrangement under which contractors working on a specified project are insured under one or more CGL policies issued by a specified carrier for injury or damage arising out of operations conducted in connection with or necessary or incidental to the project. 11. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA-RELATED LIABILITY A. Exclusion p.ofSection I – Coverage A – Bodily Injury And Property Damage Liability is replaced by the following: p. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability Damages arising out of: (1) Any access to or disclosure of any person’s or organization’s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data" that does not result from physical injury to tangible property. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraph (1)or (2) above. However, unless Paragraph (1)above applies, this exclusion does not apply to liability for damages because of “bodily injury”. B. The following is added to Paragraph 2. Exclusions of Section I – Coverage B – Personal and Advertising Injury : 2. Exclusion This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Information “Personal and advertising injury” arising out of any access to or disclosure of any person’s or organization’s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person’s or organization’s confidential or personal information. C.The following paragraph is added to Section III – Limits Of Insurance: Form HS 24 24 12 14 Page 5 of 6 Subject to Paragraph 5. Each Occurrence Limit, the most we will pay under Coverage A for "property damage" because of all loss of "electronic data" arising out of any one "occurrence" is $100,000, unless modified by endorsement. D.The following definition is added to Section V - Definitions: "Electronic data" means information, facts or programs: a.Stored as or on; b.Created or used on; or c.Transmittedtoorfrom; computer software, (including systems and applications software) hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. E.For the purposes of the coverage provided by this provision, the definition of "property damage" in Section V - Definitions is replaced by the following: "Property damage" means: a.Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it; or c.Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. All such loss of "electronic data" shall be deemed to occur at the time of the "occurrence" that caused it. For the purposes of this insurance, "electronic data" is not tangible property. 12. CONTRACTUAL LIABILITY COVERAGE FOR PERSONAL AND ADVERTISING INJURY A.Exclusion e.ofSection I - Coverage B – Personal And Advertising Injury Liabilit yis replaced by the following: This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement.This exclusion does not apply to liability for damages: (1)That the insured would have in the absence of the contract or agreement; or (2)Assumed in a contract or agreement that is an "insured contract", provided the "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (a)Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract"; and (b)Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. B.Subparagraph f.of the definition of "insured contract"(Section V – Definitions)is replaced by the following: f.That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury", "property damage", or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury", "property damage", or "personal and advertising injury" arising out of construction or demolition operations,within50feetofanyrailroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing. However, Paragraph f.does not include that part of any contract or agreement: (1)That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a)Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b)Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2)Under which the insured, if an architect, engineer or surveyor, Page 6 of 6 Form HS 24 24 12 14 assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1)above and supervisory, inspection, architectural or engineering activities. 13. SUPPLEMENTARY PAYMENTS In the Supplementary Payments – Coverages A and B provision: The limit for the cost of bail bonds in increased to $2,500. 14. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional Conditions: A.If this policy is cancelled by the Company, other than for nonpayment of premium, notice of such cancellation will be provided at least thirty (30) days in advance of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. B.If this policy is cancelled by the Company for nonpayment of premium, or by the insured, notice of such cancellation will be provided within (10) days of the cancellation effective date to the certificate holder(s) with mailing addresses on file with the agent of record or the Company. If notice is mailed, proof of mailing to the last known mailing address of the certificate holder(s) on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy's term. Failuretoprovidesuchnoticetothecertificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 8. Transfer Of The following is added to Paragraph Rights Of Recovery Against Others To Us of Section IV – Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 46 CSE QU3371 EFF: 12/3/19 - 20 Blanket When Required by Written Contract. 46 CSE QU3371 EFF: 12/3/20 - 21 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a covered "auto" you don't own, hire orA. Subsidiaries and Newly Acquired or borrow in your business or yourFormed Organizations personal affairs.The Named Insured shown in the C. Lessors as InsuredsDeclarations is amended to include: Paragraph A.1. - WHO IS AN INSURED - of(1) Any legal business entity other than a Section II - Liability Coverage is amended topartnership or joint venture, formed as a add:subsidiary in which you have an ownership interest of more than 50% on e. The lessor of a covered "auto" while thethe effective date of the Coverage Form."auto" is leased to you under a writtenHowever, the Named Insured does not agreement if:include any subsidiary that is an (1) The agreement requires you to"insured" under any other automobile provide direct primary insurance forpolicy or would be an "insured" under the lessor andsuch a policy but for its termination or (2) The "auto" is leased without a driver.the exhaustion of its Limit of Insurance. Such a leased "auto" will be considered a (2) Any organization that is acquired or covered "auto" you own and not a covered formed by you and over which you "auto" you hire.maintain majority ownership. However, the Named Insured does not include any D. Additional Insured if Required by Contract newly formed or acquired organization:(1) Paragraph A.1. - WHO IS AN INSURED(a) That is a partnership or joint - of Section II - Liability Coverage isventure,amended to add: (b) That is an "insured" under any other f. When you have agreed, in a writtenpolicy,contract or written agreement, that a (c) That has exhausted its Limit of person or organization be added as Insurance under any other policy, or an additional insured on your business auto policy, such person or(d) 180 days or more after its organization is an "insured", but onlyacquisition or formation by you, to the extent such person orunless you have given us notice of organization is liable for "bodilythe acquisition or formation. injury" or "property damage" causedCoverage does not apply to "bodily by the conduct of an "insured" underinjury" or "property damage" that results paragraphs a. or b. of Who Is Anfrom an "accident" that occurred before Insured with regard to theyou formed or acquired the organization.ownership, maintenance or use of aB. Employees as Insureds covered "auto."Paragraph A.1. - WHO IS AN INSURED - of SECTION II - LIABILITY COVERAGE is amended to add: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 1 of 5of ISO Properties, Inc., with its permission.) Policy Number: 46 CSE QU3371 EFF: 12/3/20 - 21 E. Primary and Non-Contributory ifThe insurance afforded to any such Required by Contractadditional insured applies only if the "bodily injury" or "property damage"Only with respect to insurance provided tooccurs:an additional insured in 1.D. - Additional (1) During the policy period, and Insured If Required by Contract, the following provisions apply:(2) Subsequent to the execution of such written contract, and (3) Primary Insurance When Required By Contract(3) Prior to the expiration of the period of time that the written contract This insurance is primary if you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be primary. If other insurance is also(2) How Limits Apply primary, we will share with all that otherIf you have agreed in a written contract insurance by the method described inor written agreement that another Other Insurance 5.d.person or organization be added as an (4) Primary And Non-Contributory To Otheradditional insured on your policy, the Insurance When Required By Contractmost we will pay on behalf of such additional insured is the lesser of: If you have agreed in a written contract or written agreement that this insurance(a) The limits of insurance specified in is primary and non-contributory with thethe written contract or written additional insured's own insurance, thisagreement; or insurance is primary and we will not(b) The Limits of Insurance shown in seek contribution from that otherthe Declarations.insurance. Such amount shall be a part of and not (3) (4)Paragraphs and do not apply to other in addition to Limits of Insurance shown insurancetowhichtheadditionalinsuredin the Declarations and described in this has been added as an additional insured.Section.When this insurance is excess, we will have no (3) Additional Insureds Other Insurance duty to defend the insured against any "suit" if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit"those other insurers. to the other insurer for defense and When this insurance is excess over otherindemnity.insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such otherthat this insurance is primary and non-insurance would pay for the loss in thecontributory with the additional insured's absence of this insurance; andown insurance.(2) The total of all deductible and self-insured(4) Duties in The Event Of Accident, Claim,amounts under all that other insurance.Suit or Loss We will share the remaining loss, if any, by the If you have agreed in a written contract method described in Other Insurance 5.d.or written agreement that another 2. AUTOS RENTED BY EMPLOYEESperson or organization be added as an additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amendedEVENT OF ACCIDENT, CLAIM , SUIT by adding the following:OR LOSS – OF SECTION IV – BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 2 of 5of ISO Properties, Inc., with its permission.) 5 PHYSICAL DAMAGE - ADDITIONALIf an "employee’s" personal insurance also . TEMPORARY TRANSPORTATION EXPENSE applies on an excess basis to a covered "auto" COVERAGEhired or rented by your "employee" on your behalf and at your direction, this insurance will Paragraph A.4.a. of SECTION III - PHYSICAL be primary to the "employee’s" personal DAMAGE COVERAGE is amended to provide ainsurance.limit of $50 per day and a maximum limit of 3. AMENDED FELLOW EMPLOYEE EXCLUSION $1,000. 6. LOAN/LEASE GAP COVERAGEEXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not Under SECTION III - PHYSICAL DAMAGEapply if you have workers' compensation COVERAGE, in the event of a total "loss" to ainsurance in-force covering all of your covered "auto", we will pay your additional legal"employees".obligation for any difference between the actual Coverage is excess over any other collectible cash value of the "auto" at the time of the "loss" insurance. and the "outstanding balance" of the loan/lease. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE "Outstanding balance" means the amount you owe on the loan/lease at the time of "loss" lessIf hired "autos" are covered "autos" for Liability any amounts representing taxes; overdueCoverage and if Comprehensive, Specified payments; penalties, interest or chargesCauses of Loss, or Collision coverages are resulting from overdue payments; additionalprovided under this Coverage Form for any mileage charges; excess wear and tear charges;"auto" you own, then the Physical Damage lease termination fees; security deposits notCoverages provided are extended to "autos" you returned by the lessor; costs for extendedhire or borrow, subject to the following limit.warranties, credit life Insurance, health, accidentThe most we will pay for "loss" to any hired or disability insurance purchased with the loan or"auto" is:lease; and carry-over balances from previous (1) $100,000;loans or leases. (2) The actual cash value of the damaged or 7. AIRBAG COVERAGE stolen property at the time of the "loss"; or Under Paragraph B. EXCLUSIONS - of (3) The cost of repairing or replacing the SECTION III - PHYSICAL DAMAGE damaged or stolen property,COVERAGE, the following is added: whichever is smallest, minus a deductible. The The exclusion relating to mechanical breakdown deductible will be equal to the largest deductible does not apply to the accidental discharge of an applicable to any owned "auto" for that airbag. coverage. No deductible applies to "loss" caused 8. ELECTRONIC EQUIPMENT - BROADENEDby fire or lightning. Hired Auto Physical Damage COVERAGEcoverage is excess over any other collectible a. The exceptions to Paragraphs B.4 -insurance. Subject to the above limit, deductible EXCLUSIONS - of SECTION III - PHYSICALand excess provisions, we will provide coverage DAMAGE COVERAGE are replaced by theequal to the broadest coverage applicable to any following:covered "auto" you own. 4.c. 4.d.Exclusions and do not apply to We will also cover loss of use of the hired "auto"equipment designed to be operated solelyif it results from an "accident", you are legally by use of the power from the "auto's"liable and the lessor incurs an actual financial electrical system that, at the time of "loss", loss, subject to a maximum of $1000 per is:"accident". (1) Permanently installed in or uponThis extension of coverage does not apply to the covered "auto";any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), (2) Removable from a housing unit members (if you are a limited liability company), which is permanently installed in or members of their households. or upon the covered "auto"; (3) An integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 3 of 5of ISO Properties, Inc., with its permission.) (4) Necessary for the normal If another Hartford Financial Services Group, operation of the covered "auto" or Inc. company policy or coverage form that is not the monitoring of the covered an automobile policy or coverage form applies to "auto's" operating system. the same "accident", the following applies: b.Section III – Version CA 00 01 03 10 of the (1) If the deductible under this Business Auto Business Auto Coverage Form, Physical Coverage Form is the smaller (or smallest) Damage Coverage, Limit of Insurance, deductible, it will be waived; Paragraph C.2 and Version CA 00 01 10 01 of (2) If the deductible under this Business Autothe Business Auto Coverage Form, Physical Coverage Form is not the smaller (orDamage Coverage, Limit of Insurance,smallest) deductible, it will be reduced byParagraph C are each amended to add the the amount of the smaller (or smallest)following:deductible. $1,500 is the most we will pay for "loss" in 12. AMENDED DUTIES IN THE EVENT OFany one "accident" to all electronic ACCIDENT, CLAIM, SUIT OR LOSSequipment (other than equipment designed The requirement in LOSS CONDITIONS 2.a. -solely for the reproduction of sound, and DUTIES IN THE EVENT OF ACCIDENT,CLAIM,accessories used with such equipment)SUIT OR LOSS - of SECTION IV - BUSINESSthat reproduces, receives or transmits AUTO CONDITIONS that you must notify us ofaudio, visual or data signals which, at the an "accident" applies only when the "accident" istime of "loss", is:known to:(1) Permanently installed in or upon (1) You, if you are an individual;the covered "auto" in a housing, (2) A partner, if you are a partnership;opening or other location that is not normally used by the "auto"(3) A member, if you are a limited liability manufacturer for the installation of company; or such equipment;(4) An executive officer or insurance manager, if (2) Removable from a permanently you are a corporation. installed housing unit as described 13. UNINTENTIONAL FAILURE TO DISCLOSEin Paragraph 2.a. above or is an HAZARDSintegral part of that equipment; or If you unintentionally fail to disclose any hazards(3) An integral part of such equipment.existing at the inception date of your policy, we c.For each covered "auto", should loss be limited will not deny coverage under this Coverage to electronic equipment only, our obligation to Form because of such failure. pay for, repair, return or replace damaged or 14. HIRED AUTO - COVERAGE TERRITORYstolen electronic equipment will be reduced by Paragraph e. of GENERAL CONDITIONS 7. -the applicable deductible shown in the POLICY PERIOD, COVERAGE TERRITORY -Declarations, or $250, whichever deductible is of SECTION IV - BUSINESS AUTOless. CONDITIONS is replaced by the following:9. EXTRA EXPENSE - BROADENED e. For short-term hired "autos", the coverageCOVERAGE territory with respect to Liability Coverage isUnder Paragraph A. - COVERAGE - of SECTION anywhere in the world provided that if theIII - PHYSICAL DAMAGE COVERAGE, we will "insured's" responsibility to pay damages forpay for the expense of returning a stolen covered "bodily injury" or "property damage" is"auto" to you.determined in a "suit," the "suit" is brought in 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE the United States of America, the territories and possessions of the United States ofUnder Paragraph D. - DEDUCTIBLE - of SECTION America, Puerto Rico or Canada or in aIII - PHYSICAL DAMAGE COVERAGE, the settlement we agree to.following is added: 15. WAIVER OF SUBROGATIONNo deductible applies to glass damage if the glass is repaired rather than replaced.TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV -11. TWO OR MORE DEDUCTIBLES BUSINESS AUTO CONDITIONS is amended byUnder Paragraph D. - DEDUCTIBLE - of SECTION adding the following:III - PHYSICAL DAMAGE COVERAGE, the following is added: © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 4 of 5of ISO Properties, Inc., with its permission.) We waive any right of recovery we may have c.Regardless of the number of autos deemed a against any person or organization with whom total loss, the most we will pay under this you have a written contract that requires such Hybrid, Electric, or Natural Gas Vehicle waiver because of payments we make for Payment Coverage provision for any one damages under this Coverage Form. "loss" is $10,000. 16. RESULTANT MENTAL ANGUISH COVERAGE For the purposes of the coverage provision, The definition of "bodily injury" in SECTION V- a.A "non-hybrid" auto is defined as an auto that DEFINITIONS is replaced by the following: uses only an internal combustion engine to move the auto but does not include autos"Bodily injury" means bodily injury, sickness or powered solely by electricity or natural gas.disease sustained by any person, including mental anguish or death resulting from any of b.A "hybrid" auto is defined as an auto with an these. internal combustion engine and one or more electric motors; and that uses the internal17. EXTENDED CANCELLATION CONDITION combustion engine and one or more electricParagraph 2. of the COMMON POLICY motors to move the auto, or the internalCONDITIONS - CANCELLATION - applies combustion engine to charge one or moreexcept as follows:electric motors, which move the auto. If we cancel for any reason other than 19. VEHICLE WRAP COVERAGEnonpayment of premium, we will mail or deliver In the event of a total loss to an "auto" for whichto the first Named Insured written notice of Comprehensive, Specified Causes of Loss, orcancellation at least 60 days before the effective Collision coverages are provided under thisdate of cancellation.Coverage Form, then such Physical Damage18. HYBRID, ELECTRIC, OR NATURAL GAS Coverages are amended to add the following:VEHICLE PAYMENT COVERAGE In addition to the actual cash value of the "auto",In the event of a total loss to a "non-hybrid" auto we will pay up to $1,000 for vinyl vehicle wrapsfor which Comprehensive, Specified Causes of whicharedisplayedonthecovered"auto"attheLoss, or Collision coverages are provided under time of total loss. Regardless of the number ofthis Coverage Form, then such Physical autos deemed a total loss, the most we will payDamage Coverages are amended as follows:under this Vehicle Wrap Coverage provision for a.If the auto is replaced with a "hybrid" auto or any one "loss" is $5,000. For purposes of this an auto powered solely by electricity or natural coverage provision, signs or other graphics gas, we will pay an additional 10%, to a painted or magnetically affixed to the vehicle are maximum of $2,500, of the "non-hybrid" auto’s not considered vehicle wraps. actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "loss," © 2011, The Hartford (Includes copyrighted material Form HA 99 16 03 12 Page 5 of 5of ISO Properties, Inc., with its permission.) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDER(S) This policy is subject to the following additional If notice is mailed, proof of mailing to the last known Conditions:mailing address of the certificate holder(s) on file with A.If this policy is cancelled by the Company, other the agent of record or the Company will be sufficient than for nonpayment of premium, notice of such proof of notice. cancellation will be provided at least thirty (30)Any notification rights provided by this endorsement days in advance of the cancellation effective date apply only to active certificate holder(s) who were to the certificate holder(s) with mailing addresses issued a certificate of insurance applicable to this on file with the agent of record or the Company.policy's term. B.If this policy is cancelled by the Company for Failure to provide such notice to the certificate nonpayment of premium, or by the insured, notice holder(s) will not amend or extend the date the of such cancellation will be provided within (10)cancellation becomes effective, nor will it negate days of the cancellation effective date to the cancellation of the policy. Failure to send notice shall certificate holder(s) with mailing addresses on file impose no liability of any kind upon the Company or itswith the agent of record or the Company.agents or representatives. Form IH 03 13 06 11 Page 1 of 1 © 2011, The Hartford Policy Number:46 CSE QU3371 EFF: 12/3/20 - 21 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT Policy Number: Endorsement Number: Effective Date: Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: This endorsement applies only to the insurance of the operations described in the Schedule where provided by the policy because Texas is shown in you are required by a written contract to obtain this Item 3.A. of the Information Page. waiver from us. We have the right to recover our payments from This endorsement shall not operate directly or anyone liable for an injury covered by this policy. We indirectly to benefit anyone not named in the will not enforce our right against the person or Schedule. organization named in the Schedule, but this waiver The premium for this endorsement is shown in the applies only with respect to bodily injury arising out Schedule. Schedule 1. ( ) Special Waiver Name of person or organization () BlanketWaiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Form WC 42 03 04 B Printed in U.S.A. Process Date: Policy Expiration Date: Policy Number:46 CSE QU3371 EFF: 12/3/20 - 21 CFA 21-0103 006213-2 PERFORMANCEBOND Puoe 2 of 2 IN WITNE5S WHEREOF, the Principal and die Surery have SIGNED and SEALED this instru�ncnt by dufy authorizcd agc�rts �tlld l7tflCCCS OR LI1FS illi ��day nr' �' . 2� �• PRINCIPAL: ATTEST: (Principal) S44 �[ iy Witness as to Principal � � . �� c�-�.� a--` Wimess as to Sw•ety Donnie Doan SURETY: �e�l:C� _ aira�xce_C�s�� _. BY: ... . ...V �J 5innaEuC� Address: 17311 Dallas Parkway. #300 Dallas. TX 772�8 D.1nrn ��V�s_ALi9IIl�1'-in_F,ic1 �RtIIC StT(� �f ii�C Adciress: 555 Republic Dri_v_e. #45Q, _ �lana_SX_2a�7� Telephone Number: �972) 516-2600 *Note: If signed by an ofiicer of the Surety Company, there must be on iile a certified extract from the by-laws showing that this person has authority to sign such obligation. Tf Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contcact is awarded. C1TY OF FORT �VORTH 14700 Blue Mowid Road — Water Meter STAND.4RD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 103526 Revised January 31, 2012 i� ame anu i iue CFA 21-0103 006214-2 PAYMENTBOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be deterxnined in accordance with the provisions of said statute. IN WITNE5S WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and ofiicers on this the � C�n _ day of f , �o.�. PRINCIPAL: ATTEST: � (Principal) S� •r tary 'tness as to Principal ATTEST: �� (Surety) Secretary Edward Ryan Bowles �c�-�.-�Gs----- Witness as to Surety Donnie Doan :` ��u s�-i n �'eFf uo I!� Name and Title Address: 17311 Dallas Park«�a�. #300 Dallas, TX 75248 SURETY: , , � . � �, a ►. � . i .�. Dawn Da��is. Attomev-in-Fact Name and Title Telephone Number: (9721516-2600 Address: 55� Repuhlic Dri�re. #�a� Plano, TX 75074 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT �VORTH 14700 Blue Mutuid Ruad —1Vater Meter STAND.4RD C1TY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 103526 Revised July 28, 2021 IMPORTAN7 NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE io obtain information or make a complaint: 2. You may contact your agent. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). 3. You may call WestField Insurance Company, Westfield National Irosurance Company, andJor Ohio Farmers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on cvm�anies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance: P.O. Box i499Q4 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.bc.us E-mail: ConsumerPrafectivn tcEi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Usted puede liamar al numero de telefono gratis de WestField Insurance Company, Westfield Hational Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, andlar Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse �on el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derec�tos o quejas al: 1-800-252-3439 Puede escribir al Depariamento de Seguros de Texas: P.O. 8ox �49?04 Austin, TX 78714-9104 Fax; (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cansum�r�'rotection tdi.stat�.ix.us DISPU7AS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Campany, o Ohfo �arrners Insuran�e Company primero. Si no se resuelve fa dispUta, puede entonces comunicarse �Qn el departamento �Ta!). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para �roposiio de informacion y no se convierte en parte o condi�ion del do�umento adjunto. BD5430 (07-07) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 06/05/19, FOR ANY PER50N OR PERSONS NAMED BELOW. POWER NO. 4220072 03 General Westfield Insurance Co. - Power of Attorney Westfield National Insurance Co. Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Knrnv All Mpn b ThPse Presents. 7hr�i WESTFiELD INSl1RANf:E C:C]MPANY, WESTFI�LD AATIONAL INSLIRA�VGE COMPANY �nd OH1R 1"AH7MER5 INSURFIN�E GOMPANY, curj�a� ations, ��reinai[er refcrrr:d lu in�li�idually r�s a"Com�aany" and Cr�llfxtiveiy as "Camp2nies," du4y prganiied and exislint� urader li�� la�n+s ot U1e SLale af Qhio, asld ha�ing fls principal qffice in Wes{fiefd Ceflfer, Nfedina Cvunty, ❑hio, do by lhese prese��ts make, cons[itule arid appoint JC1Hfd I7. FIJLKER5t7N, TOM P. ELLlS, III, DC7NNIf D, ❑OAI�, KAE F'ER�IJE, KRISTI MEEK, DAWN DAVIS, WALTER J. ❑ELARUSA, SHARC]N CLARY, RYAN BUWL�S, GHRlSTEEV �CYNER, JUINTLY OR SEVERALLY of DALLAS and State of TX its true and lawFul Attorney(s)-in-Fact, with full power and authurity hereby �onfe:rred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or atlier instrumen�s or contracts of sure�ysl��p- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE �i2 'E�, QR 6ANK E7EPO5liOf�Y 6pNQ5. and to hind �ny nf [i1r. Cnmpanics thczr��i�y a5 fully and to lhe samr; ex[�n[ 3s if sur.h hnnds wcre signed by thc Preside��, seafed �,vi[h thr r.nr�arate seal t�f thr applicaY�Er_ [:om�any and duiy aft�atc�[1 t�y its Srtrr.tary, lierehy ratif�ing a�ZeJ cUnfirmin,y all tha� the said 1lttflrney(sJ-in•Fact may do in t�e premises. Said appointmenl rs made undCr and by aulhority of tEie fo�lo�nnq resoluLian adopEed !�y llic Baard of fi]ireclars ❑f ea�i� o� lhe WkSIF�ELl3 INSUf�ANCt CG�F'AiVY. WESiFi�L{] NAf ifl�IAL �NSlJf�11fVCE COMF'AiVY and OHlO FAi�M�f�S 1nSURANGE CflM1�ANY: "�3c It Rrsnlvcd. tf�at �ize f'rE:sidcnl. any Si�niar Exccullvr., aiiy 5rc:rrtar�� or �ny Fid�rlity & SUr[:ly D�erhFior7s Er.r.cu�iuG �r nth�yr L•xe�utivc sli�ll qe and is herek�y ��s[ed vdith fu[I powGr an�! authur+ty tu appoint any ar�e or mr�r� suitaUl� persr�ns as A[tornc:y{sj-iri•Fact iv represen[ and a�t far and on E�ehalf of lhe Cvmpany su6�ec� [a Lf�e �ol�owing �ro�ns�ons: The A[tarney-In•Fact. may be g�ven ful[ power and authar�ty t��- and in the name ot and vi7 behaft of the Company. �a exe�ute. acknawiedge and dr:�iver. �ny a�id �3E� b(111tI5, recogi�3xaau.es, r.naitrar.is, agrreme��ts nf iitidcmnity and ntl�er cflnditir�r��f �r c36fie��tnry uiz�i��rt�kii�gs and any �nd a[� notices and dacuments caneeliny ar terminaling the Company's liabiilty thereu��der, and any such instrumenis so ex�cuCed by any suGh Atton�ey-in•Faei shaH he as hinding upon lhe Cflmpany as if sigr3ed by lhe Presldei�l and sealed and attes[ed hy ihe Corporate Secretary." "Ee rc Fur[her Resni��rf, ihat the s:ignature ai any sur.Ei dHsign�ted 43�rsnn and �ne sn�il nf the Crn�rp�ny lieretnf4re or he�e��fter riffixeri [n �ny pawr•.r of al[orney �r any ��.rtificate rela�iriy thereto by (��simi}c�, �nd �ny pnvJer of �k[ur��ey ar cerEi�icc�te i�earir�� facsimii� signatures or fa��imilr sea[ shaif �e va�id and hindinq upan �he Cnmp�ny °Ni�h respeG� iff aEzy band ❑r undertaking ta whi�h it is �ttached." {Each adop�ed at 7 meeting held pn r-ehruary 8, 2ono1. In Ul+iErlt�ss WFtr.rro�, WESTF[EL❑ I�i5l1RANCE CDMP�INY, WE�TFIELD NATiC1NAL IN5L1RAAiCE C�MPANY �nri C3HIq FARM�RS INSURANCE CQN1PI1hY havc: causr:d tht:5e presents tp Le signed E�y their Natior�al 5ure[y Leadc�r and Seniar �xecutiv�: �ntl ttieir corpo� ate seals [o be hs:recn affixed ll�Es 05�Iz day of JL1RF hl.l7., 2419 """""„, ,.•"""'•',. ""••� WESTFIELD INSURANCE COMP,qNY � sealste �+�a�'��!�[`�" ••'��4-��F�� !;�s�''�. -8� ,�� WESTFIELD NATIONAL INSURAl1ICE COMPANY AFfixed �,Qr�� .�+. '�� o ' ''��:_ _�$`�' �� '�'-.,E` � OHIO FARMERS INSURANCE COMPANY •�'1 .,a :,:j:�+ /�� _.�: ��'�'� �� ~�•J�.�.�A =� ' �� 7�t11� �m= =�' .i�r� �'�'�'�;•, ,s, 1f�� -`v• ,:p;' ��S : 1848 ; � ; � . C �.�MW� :i�. ' fT �•��.�..�+��• p �`lAAA� f, �.� •...*.��.��.,.,,i �f+., r Y��V • •••.,:,,,,,,.,.��'"� $y' State of Ohio �"""" ''��""� bc��nis P. Baus, National Surety Leader and County oF Medina ss.: 5enior Executive On thi4 q5kh r�ay nf .11Jl�E A,C].. �qi9 , hefr�ra me persnE�all�+ r.ame dennis P. Baf1s t.n me krsfl+t,+n, whn, �eii�r� hy rne �fuly svdorn, rlid depose ��nd say. that hc residr.s in Wooster, OhiQ; th�i he is Nation�l 5w'ety L.Cade�' and 5�nio� ExeCuti�c af WE5T�IELL� INSURAiVCf COMf'ANY, WE�TFIFI 17 NAi1QNAL IfVSLlF2AGVCE CdSUPr1NY a��d C1HId FARMFRS ENSLiRAiVCF COMPAfVY, 4he �ompanies described in and vdl7ich executed the alaove instE•umerit; ihat he knows the seals af said Cornpanies; Lhaf fhe seals afFixe[f t� said ins[rument are such carpvrate seals; [Izat they werr yo ziFfixer� 4y orcler of tl�r. Bnards of Directar�� of saitl Coinp�3mes; a��d tha[ }ie sir�rtied his n�rnc: thr.rr.tn k�y likFr nrdc.r, Notarial ..,,��'�"a,a,,� Seal ,•��1AZ %4. Affixed +��' '' �l{�!/'•`•�¢` R% State oF Ohio County of Medina O; �� : � �:tiA . - ' , -_.� . �� ss.: . S � N , i►.�.,t,Q� =9r�aFo, David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, �r�Elk A. Carrino, Secreiary �f WCSTFI£L� IfVSllRANCE COM�ANY, WESTFIELD NATI4NAL IfVSURANCE GOMPANY and OHI� rARMERS iNSURA�iCF COHlPAfVY, do hereby eerlify Ehal Lhe aba�e and foreqaing is a true and carreet copy oF a Power of Alinrriey, ex�culed by sald Cainpanie�, �vhich� is still in F�lI tprce and effect; and fUrihermare, the resolutipi�s ot the Bqards aF �irectors, se[ out in Ili� Power of ACtarney are irt fuE! forc;t: anr� effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A. []., yu��1�IW/qy� ��'��1��e��i��i �.��u�,�N�ry f . ,.•�t,,C'NF[f In��'•.,. r� r•r'� •-•t� fl�� • •s'C' �;:: �� S� �-� . N., � -�`,�1I, :;�, _ ��, �,�� f. ;.�';= ��ti� . ��1MIM1� ��1l�1��''` w y:18�6��F f � � p , �� } 4 �E r � sa�r�ry Frav�k �, Carrino, Secretary BPOAC2 (combined) (06-02) 9 006219-1 MAINTENANCE BOND Page 1 of 3 1 2 3 4 5 6 7 THE STATE OF TEXA5 COUNTY OF TARRANT SECTION 00 6219 MAINTENANCE BOND Bond #076487R § § KNOW ALL BY THESE PRESENTS: § 8 That we MYCON General Contractors, Inc. known as 9 "Principal" herein and Westtield Tnsurance Cn�r �a�; , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the Developer, Walmart, 12 Inc, authorized to do business in Te�as ("Developer") and the City of Fort Worth, a Texas 13 municipal cor�oration ("City"), in the sum of fifteen thousand one hundred thirty five & No/100 14 Dollars ($15,135.00), lawful money of the United States, to be paid in Fort Worth, Tarrant I5 County, Texas, for payment of which sum well and truly be made jointly unto the DeveIoper and 16 17 18 19 20 21 the City as dual obligees and their successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Developer and City have entered into an Agreement for the construction of community facilities in the City of Fort Worth by and through a Community Facilities Agreement, CFA Number CFA 21-0103; and 22 WHEREAS, the Principal has entered into a certa,in written contract with the Developer 23 awarded the Zpd day of November 20 21 , which Contract is 24 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 25 materials, equipment labor and other accessories as defined by law, in the prosecution of the 26 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 27 the "Work") as provided for in said Contract and designated as 14700 Blue Mound Road Water 28 29 30 31 32 33 34 Tap; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 14700 Blue Mound Road Water Tap CPN 103526 0 006219-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the Developer and/or City of the need thereof at any time within the 3 Maintenance Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal sha11 6 remedy any defective Work, for which timely notice was provided by Developer or City, to a 7 completion satisfa,ctory to the City, then this obligation sha11 become null and void; othenvise to 8 remain in full force and effect. 9 10 PROVIDED, HOWEVER, if Principal sha11 fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the Developer or City may cause any and all such 12 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 13 by the Principal and the Surety under this Maintenance Bond; and 14 15 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH 14700 Blue Mound Road Water Tap STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS CPN 103526 Revised January 31, 2012 006219-3 MAINTENANCE BOND Page 3 of 3 1 2 3 4 5 6 7 8 9 i0 11 �z 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and off'icers on this the 4t� day of November , 20 21 . ATTEST: n ipal) Secretary PRINCIPAL: MYCON General Contractars. Tnc. �. r i' C %�r � i G (� � ecS� �cc'y�-� Name and Tifle Address: � �3l 1 Dallas Pkwy, #300 ❑allas. T7C T5248 Witriess as to tciµ�l ATTE �� ` Y�- {Su.rely}-Sec,�ta,t�' Eciwayd-Ryar�,Bov�rles ` _y� ��y� ... .}-�-_-��-.._-.._ WitnessYas to Surety Dosirtic Doan SURETY: Westfield Insui �n�e Com an /' BY: � Stg�,aiure Dawn T)a��is, Attorney-in-Fact � Name and Tifle Address: $�S ��public Dri�c, #4�G i�lano �X 7��74 Telephone Number: I�7z) 516-2600 ''� �, �. . '. _: jc" :a'�_ *Note: If signed by an off'icer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its rnailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31, 2012 14700 Blue Mound Road Water Tap CPN 103526 IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). 3. You may call Westfield Insurance Company, WestFieid National Insurance Company, and/or Ohfo Fa�mers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield Nationai insurance Company, andlor Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 WestField Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance: P.O. 8ox 149404 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: CansumerPratectianCa7tdi,sta#e.tx.�s 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute conceming your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Usted puede �lamar al nurnera de tele#ono gratis de Westfield lnsurance Carnpany, Westfield l�ationai Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, WestField National Insurance Company, andlor Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obiener informacion acerca de companies> coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. 8ox 4�#9?04 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Consurt�erProtectian tdi.sta e.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclama, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Compar�y, o Ohip Farmers fnsurance Campany primerfl. Si no se res�selve la dispufa, pue�e enton�es comunicarse con ei depariamanto �7Diy. UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. BD5430 (07-07) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER 6EARING THIS SAME POWER # AND ISSUED PRIOR TO 06/05/19, FaR ANY PER50N OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER N0. 4220072 03 Westfield Insurance Co. � Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio ICnnw All M�n t�y 'iliE}se Presents, Tht�t WESTFICLC} 1NSURAIV[:E f.C}iv}PANY, W�STFIELd NA710NAL 1�i5LIRANCE CONiPANY and OHI❑ FlIRMERS IN5UF2ANCE C�MF'ANY, corpori�tiUns, hc;ra_innftn� r�f�:rrc:d tu �ntli�idually as a"Corri��ny" ancf CUIIf:CLiVf'.ly as "Campanies," duly organifed and existing under the I�ws of iY�e 5�ate af Ohio. and h�v+ng lts prir,cipal ofFice m Wes�fkeld Cenler, V�edina County, Ohio, du by lhese presents m�ke, cons�icu�e anrl appaim J{]NN �. Fi.1LKER5C]N. 7C]M f'. fLL15, III, DONNIE p_ I]C3AN. KAE PER�UE', KRISTI MEEK, DAWN DAVIS, WALTER J. DELAROSA, SHARON CLARY, RYAN BOWLES, CHRISTEN TYNER, JOINTLY OR SEVERALLY of DALLAS and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authc�rity hereby �unferred in its name, pi�ce and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or olher instrurnei�ts or contracts of sure[ysl�i��- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . �IfV11TATI0N' THIS POWER OF A7TORNEY CANNOT BE U5ED TO CxECUTE hf�TE �UARR�[TEE, MORTGAGE ❑EFIC1EilCY. MOR7GAGE A 2 , OR BANK 17CPQ51T�RY 60iVQS. .snd [n hi�ul �tny nf thcr Cnn�p�3�iies th['re.hy as fully �r�r1 Sn thc� �s�m[: ex[ent as if 5ur,h 6ands vdere signGd hy the Rresirfent, s�a�c:d with the r.ar�nr<ite s��ai uf the applicaL�lr� Crsm�any and eluf� attes[etl t�y its 5ecr�;lary, E�eri:l�y ratifiyi��y and c�n#irminy a[] [hat thc_ said Attornr.y(y)-in-Fact may da in EEze �aremises. Said a�pflinlrneni �s ma e under and hy authari�y af the foliowing rpsaiu[ion adopted 4y uie [3oa��d pf �irc�tors ❑f ea�li pf the WESTFIELI] IN�UFiANi.k CnMF'ANY, WE51 FIkL❑ NA [ 1QiVAL INSUkANC� CpMk�ANY ancl Qk-E�❑ i=ARfv1ER5 INStJf�Ai�CE CUMI�ANY= "Be 1t Resalu�d. i.��at tliet �rrr�idc�nE, any 5c�ni��r Exrr.utiuc�, ��Ty SecrE�t�ry ur �tTy Fideiity & Surety operat�o�is Ex��;:uri�e ur oSl�er �xe�:u[��e sliaq 6e and is I��reby �esteci with fu11 pnwcr anr� autric�rity t❑ appaint aiZy vr�e ur mort suitaUle pr:rs�ns as AttUrney[s}-iii-Fact lv represerit ancl act For and nn l�ehalf pf the Con2pany sub�e�[ lo �he foAqvving prov�sions: Tl�e Rtinrney-in•Facz- may i�e q�Wen [ull power a�3d autizarity rvr and in tha name vF znd vn qeh�lf of [he Corrp�a«y, to exetu[e, a�k��awiedge and deli�rrr, �rty a��d a[f bnz�ds. rc�r.eagnia�nr.es, cnEitr�z:ts, agreements nf ir�dc�n3nity aiTd ather cnndisic�ri�f r,�r «6ligatcrry und�rakings a3�d �ny :�nd all notiees and dacurnents canceling or [erminaEinq the Company's fiaUility tf�ereunder, and any svch ir�struntnn[s so exeeuted by any su�h Allar��e�-in-�aet shall be as binding upon ihe Gnmpany as if signed by lhe Rresident and sea�ed ai}d attested hy [he Cor'poraLe 5etretary." "�,e rt Further Resal�t�d, [l�.�t th� Signature oF �sny sur.f7 desit�n.iterf p�rsni� �ind ihe seal nf tlze Gnm}3��ny heretofore or h�r�after affixad to ezny pawt�r of attprnLY ur �n eertifi�;;tr� rclatiny thereta 4y FacsirniEr:, and any povder �F att�rnt�y ur �s:rtific:�te Gr�riny facsirnil�•� �ir�natures ar tacsimile scal shall be valirf �7nd �indi�� upan Lhe Company wdth respeGi iQ any ho�tl or undertaki�g to which it is at�acYied." {Ea�h adop�ed at a meeting held on February 8. 2C100y. In UJi[nr:ss Wherr.oi', Vl+E5T�fEL� INSURAI�C:� C:nMPREVY, WE5TF1£LLl iVAT10NAL ilV5L1RANCE COMPANY anri (7HlO FARMERS IiVSURANCE GC7MP11NY hav�� caustd these presents to Ue siyned hy their National 5ur4ty Leasler arid Srnipr Exc�cutivL and th�rir curparat� seaEs tu k�e herr.tv aT�xed ll�is �51h pay af al1NF A.C] . 2079 . .u�wi�� i�u�iian.,,� - � i�irnr Corporate �� ;�$��,� '".,z ..•''��t��;�� '• '••.. WESTFIELD INSURANCE COMPANY seals 1. .'yN y �,�' ,�.•••""•�-^� ��'•�, r� % WESTFIELD NATIONAL INSURANCE COMPANY Affixed �O r'' �� •�, ��# �. ,`5'(� • r'�_....'"�., ��1 � ,��,►+:' -�a�, �v � '•.�'': �f �' '!'" OHIi3 FARMERS INSURANCE COMPANY � • � ' �= ' SEAL "' = �'��° �� ? w� ��r i�r _�; :m= =e�' ' - � �:, ,�. ��.� -' �' ,:b' - :�:, 184a .'a ` • �'"'�� 1 r • . ' � . ; • �' p '��• •4 � �� - ••,r`�`,• r+rry `••qr��nnn+�'��,a' � State of Ohio '��*��"' yC1c�rmis P. Baus, National Surety Leader and Counry of Medina ss.: Senior Executive On this USth day of JUIVE A.�.. 2019 . hefnr� mp j7�rsnnal�y r.;��ne �ennis P. gaus to mP knnwn, v�hn, �eing hy me �ful_y swnriti, r�id de�p�sEc and s�y [ha� }ie resicles in Waasker, Ohio; that ne is Natianaf 5urety Lcader and Sei'�iar Executi�e ot WESTf IELn ]NSURANCE COiNPAhY, WFSTFIFI ❑ NATIDNAI IN5LIRANCF CdUPANY and �Hlq FRRIAF RS TN5LIRAIVCF CdMPANY, lhe companies described +n and vJlii�h ex�cuted the ahove instrument; that he kr�aws the seals af said Companies; [fzat the seals affixec� [� 5aid insirtErner�t are su�h Lorpprate seals; [haI they were so affixed by order of the Boards of Directors of said Companre�,; �nd thari li� signer! his nrunc: Ehnretn hy lik[� nrdrr. Notarial � ��14��N4(y„�. Seal a al A� L,, Affixed +��; •'' �i�r j�' :'�S�' "- State of Ohio County of Medina �'� �`:p z��- - r �� ss.: s r '� M1,��,°, �°.''e o� °. David A, Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec, 147,03 Ohio Revised Code) I, Frank A. Carrino, 5e�retary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify [�Zat the above and foregoing is a true and correct cQpy oF a Power oF Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of 0[rectors, set out in the Power of Attorney are in full force and effect, In Witness Whereof, I havc h��re�untu set ir�y Itand and affixed the seals oF said Companies at Westfield Center, Ohio, this 4th day of NnvPmhPr A.O., 2(]21 �Q��u�;�k�� ,?��+' � '�� N ` ��A7� � ti ��'•,,,ti +.�. � �.�� : G`;`.��SyM1fFt[ �� J:r�.- ;i�: f �: _ �,; SEA�1 : � = : tiy • , � �� : •ru nui�••�� . ..� ��'. 71848 y *., 4 � � y'�y�n�....•'� nu�H.�P�� i� � � Sec,tirtary Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) �'rr: rr'' .:'iSES`4Cf,. DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 013513-G DAP SPECiAL PRO7ECT PROCEI7LJRES Page 6 of 7 EXHISIT A 0 �ate: CPN No.: Project Name: �c 3��,c.��'h Mapsco Location: Limits of Construction: � TH15 15 TO 1NFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT WORTH, OUR COMPANY WILL W�RK ON UTfL{TY LINES ON OR AROUND Y�UR PROPERTY. CONSTRUCTION WlLL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE OF THi5 NOTICE. lF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 15SUE, PLEASE CALL: Mr. 7�Sc. D�c z c� QR Mr �T �- � AT +� Gq - 7?S� F�'�C�D AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL [817) 392 8306 PLEASE KEEP THIS FLYER HANDY WHEIV YOU CALL CI'PX OF FORT WORTH 14700 Blue Mound Road — Water Meter 5TA1+3DARD CONSTRtTCTION SPECIFICATIQN DOCLTIvIEI3TS CPN 103526 Re�ised July 28, 2D21 DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 013513-7 DAP SPECIAL PROIECT PROCEDUIiES Page 7 of 7 EXHISIT B FORT WORTH �: DO� Ili�. Praj�cc !lanne: DL ��v,rc-p o-C•�-�-�.'fY tIQT10E OF TEMPORARY WATER SERVICE II�TERRUP?IOIy DUE TO i7"PLIsITX 1MPR4V�MENTS 1N XOi7R NEIGI�BOR.HpOD, YOUR WATER 3ERVICE'WIT,L BE IN'�ERRUPT�D ON BE'Y"W�EN 'I`HE �i0UR5 OF AND YF YQU �IAVE QTT�STIQNS ABO[7T THIS SHU'I'AU'�', PLEASE CAi�L: ��. �s� Drazco A� �l(o`i-7qF�_ �Gqo (CONTRAC'�ORS SL�PERYN'PENDEI�% (TELEPHQNE NI3MBER) OR MR. AT ECi'i`Y Ii�TSPECTOR) (TELEPI�ONE NUMBER) TFII�S 1NCONVENIEI�CE WILL BE A.S SHORT AS POSSIBLE. THANIC YbU, %i�oSf �r•`�•`c; L LC co�v�r�ac�rox CITY OF FORT WORTH 14700 Blue Mound Road — Water Meter STANDART] CONSTRi3CTION 5PECIF1CATiON bOCUMENTS CFN 103526 Revised .Tuly 28, 2021 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 X 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and X 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. 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter PN 10352614700 Blue Mound Road - Water Meter CPN 103526 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 01 35 13 - 1 DAP SPECIAL PROJECT PROCEDURES Page 1 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 SECTION 01 35 13 1 SPECIAL PROJECT PROCEDURES 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedures for special project circumstances that includes, but is not limited to: 6 a. Coordination with the Texas Department of Transportation 7 b. Work near High Voltage Lines 8 c. Confined Space Entry Program 9 d. Air Pollution Watch Days 10 e. Use of Explosives, Drop Weight, Etc. 11 f. Water Department Notification 12 g. Public Notification Prior to Beginning Construction 13 h. Coordination with United States Army Corps of Engineers 14 i. Coordination within Railroad permits areas 15 j. Dust Control 16 k. Employee Parking 17 B. Deviations from this City of Fort Worth Standard Specification 18 1. None. 19 C. Related Specification Sections include, but are not necessarily limited to: 20 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 21 2. Division 1 – General Requirements 22 3. Section 33 12 25 – Connection to Existing Water Mains 23 24 1.2 REFERENCES 25 A. Reference Standards 26 1. Reference standards cited in this Specification refer to the current reference 27 standard published at the time of the latest revision date logged at the end of this 28 Specification, unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. 30 High Voltage Overhead Lines. 31 3. North Central Texas Council of Governments (NCTCOG) – Clean Construction 32 Specification 33 1.3 ADMINISTRATIVE REQUIREMENTS 34 A. Coordination with the Texas Department of Transportation 35 1. When work in the right-of-way which is under the jurisdiction of the Texas 36 Department of Transportation (TxDOT): 37 a. Notify the Texas Department of Transportation prior to commencing any work 38 therein in accordance with the provisions of the permit 39 01 35 13 - 2 DAP SPECIAL PROJECT PROCEDURES Page 2 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 b. All work performed in the TxDOT right-of-way shall be performed in 1 compliance with and subject to approval from the Texas Department of 2 Transportation 3 B. Work near High Voltage Lines 4 1. Regulatory Requirements 5 a. All Work near High Voltage Lines (more than 600 volts measured between 6 conductors or between a conductor and the ground) shall be in accordance with 7 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 8 2. Warning sign 9 a. Provide sign of sufficient size meeting all OSHA requirements. 10 3. Equipment operating within 10 feet of high voltage lines will require the following 11 safety features 12 a. Insulating cage-type of guard about the boom or arm 13 b. Insulator links on the lift hook connections for back hoes or dippers 14 c. Equipment must meet the safety requirements as set forth by OSHA and the 15 safety requirements of the owner of the high voltage lines 16 4. Work within 6 feet of high voltage electric lines 17 a. Notification shall be given to: 18 1) The power company (example: ONCOR) 19 a) Maintain an accurate log of all such calls to power company and record 20 action taken in each case. 21 b. Coordination with power company 22 1) After notification coordinate with the power company to: 23 a) Erect temporary mechanical barriers, de-energize the lines, or raise or 24 lower the lines 25 c. No personnel may work within 6 feet of a high voltage line before the above 26 requirements have been met. 27 C. Confined Space Entry Program 28 1. Provide and follow approved Confined Space Entry Program in accordance with 29 OSHA requirements. 30 2. Confined Spaces include: 31 a. Manholes 32 b. All other confined spaces in accordance with OSHA’s Permit Required for 33 Confined Spaces 34 D. Use of Explosives, Drop Weight, Etc. 35 1. When Contract Documents permit on the project the following will apply: 36 a. Public Notification 37 1) Submit notice to City and proof of adequate insurance coverage, 24 hours 38 prior to commencing. 39 2) Minimum 24 hour public notification in accordance with Section 01 31 13 40 E. Water Department Coordination 41 1. During the construction of this project, it will be necessary to deactivate, for a 42 period of time, existing lines. The Contractor shall be required to coordinate with 43 the Water Department to determine the best times for deactivating and activating 44 those lines. 45 01 35 13 - 3 DAP SPECIAL PROJECT PROCEDURES Page 3 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 2. Coordinate any event that will require connecting to or the operation of an existing 1 City water line system with the City’s representative. 2 a. Coordination shall be in accordance with Section 33 12 25. 3 b. If needed, obtain a hydrant water meter from the Water Department for use 4 during the life of named project. 5 c. In the event that a water valve on an existing live system be turned off and on 6 to accommodate the construction of the project is required, coordinate this 7 activity through the appropriate City representative. 8 1) Do not operate water line valves of existing water system. 9 a) Failure to comply will render the Contractor in violation of Texas Penal 10 Code Title 7, Chapter 28.03 (Criminal Mischief) and the Contractor 11 will be prosecuted to the full extent of the law. 12 b) In addition, the Contractor will assume all liabilities and 13 responsibilities as a result of these actions. 14 F. Public Notification Prior to Beginning Construction 15 1. Prior to beginning construction on any block in the project, on a block by block 16 basis, prepare and deliver a notice or flyer of the pending construction to the front 17 door of each residence or business that will be impacted by construction. The notice 18 shall be prepared as follows: 19 a. Post notice or flyer 7 days prior to beginning any construction activity on each 20 block in the project area. 21 1) Prepare flyer on the Contractor’s letterhead and include the following 22 information: 23 a) Name of Project 24 b) City Project No (CPN) 25 c) Scope of Project (i.e. type of construction activity) 26 d) Actual construction duration within the block 27 e) Name of the contractor’s foreman and phone number 28 f) Name of the City’s inspector and phone number 29 g) City’s after-hours phone number 30 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit 31 A. 32 3) Submit schedule showing the construction start and finish time for each 33 block of the project to the inspector. 34 4) Deliver flyer to the City Inspector for review prior to distribution. 35 b. No construction will be allowed to begin on any block until the flyer is 36 delivered to all residents of the block. 37 G. Public Notification of Temporary Water Service Interruption during Construction 38 1. In the event it becomes necessary to temporarily shut down water service to 39 residents or businesses during construction, prepare and deliver a notice or flyer of 40 the pending interruption to the front door of each affected resident. 41 2. Prepared notice as follows: 42 a. The notification or flyer shall be posted 24 hours prior to the temporary 43 interruption. 44 b. Prepare flyer on the contractor’s letterhead and include the following 45 information: 46 1) Name of the project 47 2) City Project Number 48 01 35 13 - 4 DAP SPECIAL PROJECT PROCEDURES Page 4 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 3) Date of the interruption of service 1 4) Period the interruption will take place 2 5) Name of the contractor’s foreman and phone number 3 6) Name of the City’s inspector and phone number 4 c. A sample of the temporary water service interruption notification is attached as 5 Exhibit B. 6 d. Deliver a copy of the temporary interruption notification to the City inspector 7 for review prior to being distributed. 8 e. No interruption of water service can occur until the flyer has been delivered to 9 all affected residents and businesses. 10 f. Electronic versions of the sample flyers can be obtained from the Project 11 Construction Inspector. 12 H. Coordination with United States Army Corps of Engineers (USACE) 13 1. At locations in the Project where construction activities occur in areas where 14 USACE permits are required, meet all requirements set forth in each designated 15 permit. 16 I. Coordination within Railroad Permit Areas 17 1. At locations in the project where construction activities occur in areas where 18 railroad permits are required, meet all requirements set forth in each designated 19 railroad permit. This includes, but is not limited to, provisions for: 20 a. Flagmen 21 b. Inspectors 22 c. Safety training 23 d. Additional insurance 24 e. Insurance certificates 25 f. Other employees required to protect the right-of-way and property of the 26 Railroad Company from damage arising out of and/or from the construction of 27 the project. Proper utility clearance procedures shall be used in accordance 28 with the permit guidelines. 29 2. Obtain any supplemental information needed to comply with the railroad’s 30 requirements. 31 J. Dust Control 32 1. Use acceptable measures to control dust at the Site. 33 a. If water is used to control dust, capture and properly dispose of waste water. 34 b. If wet saw cutting is performed, capture and properly dispose of slurry. 35 K. Employee Parking 36 1. Provide parking for employees at locations approved by the City. 37 01 35 13 - 5 DAP SPECIAL PROJECT PROCEDURES Page 5 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 1.4 SUBMITTALS [NOT USED] 1 1.5 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.6 CLOSEOUT SUBMITTALS [NOT USED] 3 1.7 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.8 QUALITY ASSURANCE [NOT USED] 5 1.9 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.10 FIELD [SITE] CONDITIONS [NOT USED] 7 1.11 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.3.B – Added requirement of compliance with Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High Voltage Overhead Lines. 13 01 35 13 - 6 DAP SPECIAL PROJECT PROCEDURES Page 6 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 EXHIBIT A 1 (To be printed on Contractor’s Letterhead) 2 3 4 5 Date: 6 7 CPN No.: 8 Project Name: 9 Mapsco Location: 10 Limits of Construction: 11 12 13 14 15 16 THIS IS TO INFORM YOU THAT UNDER A CONTRACT WITH THE CITY OF FORT 17 WORTH, OUR COMPANY WILL WORK ON UTILITY LINES ON OR AROUND YOUR 18 PROPERTY. 19 20 CONSTRUCTION WILL BEGIN APPROXIMATELY SEVEN DAYS FROM THE DATE 21 OF THIS NOTICE. 22 23 IF YOU HAVE QUESTIONS ABOUT ACCESS, SECURITY, SAFETY OR ANY OTHER 24 ISSUE, PLEASE CALL: 25 26 27 Mr. <CONTRACTOR’S SUPERINTENDENT> AT <TELEPHONE NO.> 28 29 OR 30 31 Mr. <CITY INSPECTOR> AT < TELEPHONE NO.> 32 33 AFTER 4:30 PM OR ON WEEKENDS, PLEASE CALL (817) 392 8306 34 35 PLEASE KEEP THIS FLYER HANDY WHEN YOU CALL 36 37 01 35 13 - 7 DAP SPECIAL PROJECT PROCEDURES Page 7 of 7 CITY OF FORT WORTH 14700 Blue Mound Road – Water Tap STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 01 70 00 - 1 DAP MOBILIZATION AND REMOBILIZATION Page 1 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Mobilization and Demobilization a. Mobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site 2) Establishment of necessary general facilities for the Contractor’s operation at the Site 3) Premiums paid for performance and payment bonds 4) Transportation of Contractor’s personnel, equipment, and operating supplies to another location within the designated Site 5) Relocation of necessary general facilities for the Contractor’s operation from 1 location to another location on the Site. b. Demobilization 1) Transportation of Contractor’s personnel, equipment, and operating supplies away from the Site including disassembly 2) Site Clean-up 3) Removal of all buildings and/or other facilities assembled at the Site for this Contract c. Mobilization and Demobilization do not include activities for specific items of work that are for which payment is provided elsewhere in the contract. 2. Remobilization a. Remobilization for Suspension of Work specifically required in the Contract Documents or as required by City includes: 1) Demobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly or temporarily securing equipment, supplies, and other facilities as designated by the Contract Documents necessary to suspend the Work. b) Site Clean-up as designated in the Contract Documents 2) Remobilization a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site necessary to resume the Work. b) Establishment of necessary general facilities for the Contractor’s operation at the Site necessary to resume the Work. 3) No Payments will be made for: a) Mobilization and Demobilization from one location to another on the Site in the normal progress of performing the Work. b) Stand-by or idle time c) Lost profits 3. Mobilizations and Demobilization for Miscellaneous Projects a. Mobilization and Demobilization 01 70 00 - 2 DAP MOBILIZATION AND REMOBILIZATION Page 2 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1) Mobilization shall consist of the activities and cost on a Work Order basis necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies to the Site for the issued Work Order. b) Establishment of necessary general facilities for the Contractor’s operation at the Site for the issued Work Order 2) Demobilization shall consist of the activities and cost necessary for: a) Transportation of Contractor’s personnel, equipment, and operating supplies from the Site including disassembly for each issued Work Order b) Site Clean-up for each issued Work Order c) Removal of all buildings or other facilities assembled at the Site for each Work Oder b. Mobilization and Demobilization do not include activities for specific items of work for which payment is provided elsewhere in the contract. 4. Emergency Mobilizations and Demobilization for Miscellaneous Projects a. A Mobilization for Miscellaneous Projects when directed by the City and the mobilization occurs within 24 hours of the issuance of the Work Order. B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Mobilization and Demobilization a. Measure 1) This Item is considered subsidiary to the various Items bid. b. Payment 1) The work performed and materials furnished in accordance with this Item are subsidiary to the various Items bid and no other compensation will be allowed. 2. Remobilization for suspension of Work as specifically required in the Contract Documents a. Measurement 1) Measurement for this Item shall be per each remobilization performed. b. Payment 1) The work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Specified Remobilization” in accordance with Contract Documents. c. The price shall include: 1) Demobilization as described in Section 1.1.A.2.a.1) 2) Remobilization as described in Section 1.1.A.2.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 01 70 00 - 3 DAP MOBILIZATION AND REMOBILIZATION Page 3 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 3. Remobilization for suspension of Work as required by City a. Measurement and Payment 1) This shall be submitted as a Contract Claim in accordance with Article 10 of Section 00 72 00. 2) No payments will be made for standby, idle time, or lost profits associated with this Item. 4. Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include: 1) Mobilization as described in Section 1.1.A.3.a.1) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 5. Emergency Mobilizations and Demobilizations for Miscellaneous Projects a. Measurement 1) Measurement for this Item shall be for each Mobilization and Demobilization required by the Contract Documents b. Payment 1) The Work performed and materials furnished in accordance with this Item and measured as provided under “Measurement” will be paid for at the unit price per each “Work Order Emergency Mobilization” in accordance with Contract Documents. Demobilization shall be considered subsidiary to mobilization and shall not be paid for separately. c. The price shall include 1) Mobilization as described in Section 1.1.A.4.a) 2) Demobilization as described in Section 1.1.A.3.a.2) d. No payments will be made for standby, idle time, or lost profits associated this Item. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 1.5 SUBMITTALS [NOT USED] 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 01 70 00 - 4 DAP MOBILIZATION AND REMOBILIZATION Page 4 of 4 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS [Insert Project Number] Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 8 CITY OF FORT WORTH 14700 Blue Mound Road – Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised February 14, 2018 SECTION 01 71 23 1 CONSTRUCTION STAKING AND SURVEY 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Requirements for construction staking and construction survey 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. See Changes (Highlighted in Yellow). 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 2. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Construction Staking 14 a. Measurement 15 1) This Item is considered subsidiary to the various Items bid. 16 b. Payment 17 1) The work performed and the materials furnished in accordance with this 18 Item are subsidiary to the various Items bid and no other compensation will 19 be allowed. 20 2. Construction Survey 21 a. Measurement 22 1) This Item is considered subsidiary to the various Items bid. 23 b. Payment 24 1) The work performed and the materials furnished in accordance with this 25 Item are subsidiary to the various Items bid and no other compensation will be 26 allowed. 27 3. As-Built Survey 28 a. Measurement 29 1) This Item is considered subsidiary to the various Items bid. 30 b. Payment 31 1) The work performed and the materials furnished in accordance with this 32 Item are subsidiary to the various Items bid and no other compensation will be 33 allowed. 34 35 36 37 38 39 40 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 8 CITY OF FORT WORTH 14700 Blue Mound Road – Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised February 14, 2018 1.3 REFERENCES 1 A. Definitions 2 1. Construction Survey - The survey measurements made prior to or while 3 construction is in progress to control elevation, horizontal position, dimensions and 4 configuration of structures/improvements included in the Project Drawings. 5 2. As-built Survey –The measurements made after the construction of the 6 improvement features are complete to provide position coordinates for the features 7 of a project. 8 3. Construction Staking – The placement of stakes and markings to provide offsets 9 and elevations to cut and fill in order to locate on the ground the designed 10 structures/improvements included in the Project Drawings. Construction staking 11 shall include staking easements and/or right of way if indicated on the plans. 12 4. Survey “Field Checks” – Measurements made after construction staking is 13 completed and before construction work begins to ensure that structures marked on 14 the ground are accurately located per Project Drawings. 15 B. Technical References 16 1. City of Fort Worth – Construction Staking Standards (available on City’s Buzzsaw 17 website) – 01 71 23.16.01_ Attachment A_Survey Staking Standards 18 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 19 on City’s Buzzsaw website). 20 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 21 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 22 Surveying in the State of Texas, Category 5 23 24 1.4 ADMINISTRATIVE REQUIREMENTS 25 A. The Contractor’s selection of a surveyor must comply with Texas Government 26 Code 2254 (qualifications based selection) for this project. 27 1.5 SUBMITTALS 28 A. Submittals, if required, shall be in accordance with Section 01 33 00. 29 B. All submittals shall be received and reviewed by the City prior to delivery of work. 30 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 31 A. Field Quality Control Submittals 32 1. Documentation verifying accuracy of field engineering work, including coordinate 33 conversions if plans do not indicate grid or ground coordinates. 34 2. Submit “Cut-Sheets” conforming to the standard template provided by the City 35 (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards). 36 37 1.7 CLOSEOUT SUBMITTALS 38 B. As-built Redline Drawing Submittal 39 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 8 CITY OF FORT WORTH 14700 Blue Mound Road – Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised February 14, 2018 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 1 constructed improvements signed and sealed by Registered Professional Land 2 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 – Attachment A 3 – Survey Staking Standards) . 4 2. Contractor shall submit the proposed as-built and completed redline drawing 5 submittal one (1) week prior to scheduling the project final inspection for City 6 review and comment. Revisions, if necessary, shall be made to the as-built redline 7 drawings and resubmitted to the City prior to scheduling the construction final 8 inspection. 9 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 10 1.9 QUALITY ASSURANCE 11 A. Construction Staking 12 1. Construction staking will be performed by the Contractor. 13 2. Coordination 14 a. Contact City and Developer’s Project Representative at least one week in 15 advance notifying the City of when Construction Staking is scheduled. 16 b. It is the Contractor’s responsibility to coordinate staking such that 17 construction activities are not delayed or negatively impacted. 18 3. General 19 a. Contractor is responsible for preserving and maintaining stakes. If 20 Developer’s Project Representative are required to re-stake for any reason, the 21 Contractor will be responsible for costs to perform staking. If in the opinion of 22 the City, a sufficient number of stakes or markings have been lost, destroyed 23 disturbed or omitted that the contracted Work cannot take place then the 24 Contractor will be required to stake or re-stake the deficient areas. 25 B. Construction Survey 26 1. Construction Survey will be performed by the Contractor. 27 2. Coordination 28 a. Contractor to verify that horizontal and vertical control data established in the 29 design survey and required for construction survey is available and in place. 30 3. General 31 a. Construction survey will be performed in order to construct the work shown 32 on the Construction Drawings and specified in the Contract Documents. 33 b. For construction methods other than open cut, the Contractor shall perform 34 construction survey and verify control data including, but not limited to, the 35 following: 36 1) Verification that established benchmarks and control are accurate. 37 2) Use of Benchmarks to furnish and maintain all reference lines and grades 38 for tunneling. 39 3) Use of line and grades to establish the location of the pipe. 40 4) Submit to the City copies of field notes used to establish all lines and 41 grades, if requested, and allow the City to check guidance system setup prior 42 to beginning each tunneling drive. 43 5) Provide access for the City, if requested, to verify the guidance system and 44 the line and grade of the carrier pipe. 45 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 8 CITY OF FORT WORTH 14700 Blue Mound Road – Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised February 14, 2018 6) The Contractor remains fully responsible for the accuracy of the work and 1 correction of it, as required. 2 7) Monitor line and grade continuously during construction. 3 8) Record deviation with respect to design line and grade once at each pipe 4 joint and submit daily records to the City. 5 9) If the installation does not meet the specified tolerances (as outlined in 6 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 7 the installation in accordance with the Contract Documents. 8 C. As-Built Survey 9 1. Required As-Built Survey will be performed by the Contractor. 10 2. Coordination 11 a. Contractor is to coordinate with City to confirm which features require as-12 built surveying. 13 b. It is the Contractor’s responsibility to coordinate the as-built survey and 14 required measurements for items that are to be buried such that construction 15 activities are not delayed or negatively impacted. 16 c. For sewer mains and water mains 12” and under in diameter, it is acceptable 17 to physically measure depth and mark the location during the progress of 18 construction and take as-built survey after the facility has been buried. The 19 Contractor is responsible for the quality control needed to ensure accuracy. 20 3. General 21 a. The Contractor shall provide as-built survey including the elevation and 22 location (and provide written documentation to the City) of construction 23 features during the progress of the construction including the following: 24 1) Water Lines 25 a) Top of pipe elevations and coordinates for waterlines at the following 26 locations: 27 (1) Minimum every 250 linear feet, including 28 (2) Horizontal and vertical points of inflection, curvature, 29 etc. 30 (3) Fire line tee 31 (4) Plugs, stub-outs, dead-end lines 32 (5) Casing pipe (each end) and all buried fittings 33 2) Sanitary Sewer 34 a) Top of pipe elevations and coordinates for force mains and siphon 35 sanitary sewer lines (non-gravity facilities) at the following locations: 36 (1) Minimum every 250 linear feet and any buried fittings 37 (2) Horizontal and vertical points of inflection, curvature, 38 etc. 39 3) Stormwater – Not Applicable 40 b. The Contractor shall provide as-built survey including the elevation and 41 location (and provide written documentation to the City) of construction 42 features after the construction is completed including the following: 43 1) Manholes 44 a) Rim and flowline elevations and coordinates for each manhole 45 2) Water Lines 46 a) Cathodic protection test stations 47 b) Sampling stations 48 c) Meter boxes/vaults (All sizes) 49 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 8 CITY OF FORT WORTH 14700 Blue Mound Road – Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised February 14, 2018 d) Fire hydrants 1 e) Valves (gate, butterfly, etc.) 2 f) Air Release valves (Manhole rim and vent pipe) 3 g) Blow off valves (Manhole rim and valve lid) 4 h) Pressure plane valves 5 i) Underground Vaults 6 (1) Rim and flowline elevations and coordinates for each 7 Underground Vault. 8 3) Sanitary Sewer 9 a) Cleanouts 10 (1) Rim and flowline elevations and coordinates for each 11 b) Manholes and Junction Structures 12 (1) Rim and flowline elevations and coordinates for each 13 manhole and junction structure. 14 4) Stormwater – Not Applicable 15 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 16 1.11 FIELD [SITE] CONDITIONS [NOT USED] 17 1.12 WARRANTY 18 PART 2 - PRODUCTS 19 A. A construction survey will produce, but will not be limited to: 20 1. Recovery of relevant control points, points of curvature and points of intersection. 21 2. Establish temporary horizontal and vertical control elevations (benchmarks) 22 sufficiently permanent and located in a manner to be used throughout construction. 23 3. The location of planned facilities, easements and improvements. 24 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 25 areas, utilities, streets, highways, tunnels, and other construction. 26 b. A record of revisions or corrections noted in an orderly manner for reference. 27 c. A drawing, when required by the client, indicating the horizontal and vertical 28 location of facilities, easements and improvements, as built. 29 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 30 construction staking projects. These cut sheets shall be on the standard city template 31 which can be obtained from the Survey Superintendent (817-392-7925). 32 5. Digital survey files in the following formats shall be acceptable: 33 a. AutoCAD (.dwg) 34 b. ESRI Shapefile (.shp) 35 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 36 standard templates, if available) 37 6. Survey files shall include vertical and horizontal data tied to original project 38 control and benchmarks, and shall include feature descriptions 39 PART 3 - EXECUTION 40 3.1 INSTALLERS 41 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 8 CITY OF FORT WORTH 14700 Blue Mound Road – Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised February 14, 2018 A. Tolerances: 1 1. The staked location of any improvement or facility should be as accurate as 2 practical and necessary. The degree of precision required is dependent on many 3 factors all of which must remain judgmental. The tolerances listed hereafter are 4 based on generalities and, under certain circumstances, shall yield to specific 5 requirements. The surveyor shall assess any situation by review of the overall plans 6 and through consultation with responsible parties as to the need for specific 7 tolerances. 8 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 9 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 10 1.0 ft. tolerance. 11 b. Horizontal alignment on a structure shall be within .0.1ft tolerance. 12 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 13 walkways shall be located within the confines of the site boundaries and, 14 occasionally, along a boundary or any other restrictive line. Away from any 15 restrictive line, these facilities should be staked with an accuracy producing no 16 more than 0.05ft. tolerance from their specified locations. 17 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 18 electric lines, shall be located horizontally within their prescribed areas or 19 easements. Within assigned areas, these utilities should be staked with an 20 accuracy producing no more than 0.1 ft tolerance from a specified location. 21 e. The accuracy required for the vertical location of utilities varies widely. Many 22 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 23 should be maintained. Underground and overhead utilities on planned profile, 24 but not depending on gravity flow for performance, should not exceed 0.1 ft. 25 tolerance. 26 B. Surveying instruments shall be kept in close adjustment according to manufacturer’s 27 specifications or in compliance to standards. The City reserves the right to request a 28 calibration report at any time and recommends regular maintenance schedule be 29 performed by a certified technician every 6 months. 30 1. Field measurements of angles and distances shall be done in such fashion as to 31 satisfy the closures and tolerances expressed in Part 3.1.A. 32 2. Vertical locations shall be established from a pre-established benchmark and 33 checked by closing to a different bench mark on the same datum. 34 3. Construction survey field work shall correspond to the client’s plans. Irregularities 35 or conflicts found shall be reported promptly to the City. 36 4. Revisions, corrections and other pertinent data shall be logged for future reference. 37 38 3.2 EXAMINATION [NOT USED] 39 3.3 PREPARATION [NOT USED] 40 3.4 APPLICATION 41 3.5 REPAIR / RESTORATION 42 A. If the Contractor’s work damages or destroys one or more of the control 43 monuments/points set by the City or Developer’s Project Representative, the monuments 44 shall be adequately referenced for expedient restoration. 45 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 8 CITY OF FORT WORTH 14700 Blue Mound Road – Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised February 14, 2018 1. Notify City or Developer’s Project Representative if any control data needs to be 1 restored or replaced due to damage caused during construction operations. 2 a. Contractor shall perform replacements and/or restorations. 3 b. The City or Developer’s Project Representative may require at any time a 4 survey “Field Check” of any monument or benchmarks that are set be verified 5 by the City surveyors or Developer’s Project Representative before further 6 associated work can move forward. 7 3.6 RE-INSTALLATION [NOT USED] 8 3.7 FIELD [OR] SITE QUALITY CONTROL 9 A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the 10 Developer’s Project Representative in accordance with this Specification. This includes 11 easements and right of way, if noted on the plans. 12 B. Do not change or relocate stakes or control data without approval from the City. 13 3.8 SYSTEM STARTUP 14 A. Survey Checks 15 1. The City reserves the right to perform a Survey Check at any time deemed 16 necessary. 17 2. Checks by City personnel or 3rd party contracted surveyor are not intended to 18 relieve the contractor of his/her responsibility for accuracy. 19 20 3.9 ADJUSTING [NOT USED] 21 3.10 CLEANING [NOT USED] 22 3.11 CLOSEOUT ACTIVITIES [NOT USED] 23 3.12 PROTECTION [NOT USED] 24 3.13 MAINTENANCE [NOT USED] 25 3.14 ATTACHMENTS [NOT USED] 26 END OF SECTION 27 28 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 8/31/2017 M. Owen Added instruction and modified measurement & payment under 1.2; added definitions and references under 1.3; modified 1.6; added 1.7 closeout submittal requirements; modified 1.9 Quality Assurance; added PART 2 – PRODUCTS ; Added 3.1 Installers; added 3.5 Repair/Restoration; and added 3.8 System Startup. 2/14/2018 M Owen Removed “blue text”; revised measurement and payment sections for Construction Staking and As-Built Survey; added reference to selection compliance with TGC 2254; revised action and Closeout submittal requirements; added acceptable depth 01 71 23 - 8 CONSTRUCTION STAKING AND SURVEY Page 8 of 8 CITY OF FORT WORTH 14700 Blue Mound Road – Water Meter STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN 103526 Revised February 14, 2018 measurement criteria; revised list of items requiring as-built survey “during” and “after” construction; and revised acceptable digital survey file format 1 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 14700 Blue Mound Road - Water Meter CPN 103526 DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 �� CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: Apri109, 2021 DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 The Fort Worth Water Department's Standard Products List has been developed to minimize the submittal review of products which meet the Fort Worth Water Department's Standard Specifications during utility construction projects. When Technical Specifications for specific products, are included as part of the Construction Contract Documents, the requirements of the Technical Specification will override the Fort Worth Water Department's Standard Specifications and the Fort Worth Water Department's Standard Products List and approval of the specific products will be based on the requirements of the Technical Specification whether or not the specific product meets the Fort Worth Water Department's Standard Specifications or is on the Fort Worth Water Department's Standard Products List. DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 Table of Content (Click on items to go directly to the page) Items Page A. Water & Sewer 1. Manholes & Bases/Components ........................................................... 1 2. Manholes & Bases/Fiberglass ............................................................... 2 3. Manholes & Bases/Frames & Covers/Rectangular ............................... 3 4. Manholes & Bases/Frames & Covers/Round ....................................... 4 5. Manholes & Bases/Frames & Covers/Water Tight & Pressure Tight .. 5 6. Manholes & Bases/Precast Concrete .................................................... 6 7. Manholes & Bases/Rehab Systems/Cementitious ................................ 7 8. Manholes & Bases/Rehab Systems/NonCementitious ......................... 8 9. Manhole Insert (Field Operations Use Only) ........................................ 9 10. Pipe Casing Spacer 11. Pipes/Ductile Iron . 12. Utility Line Marker .......................................................................... 10 ........................................................................... 11 .......................................................................... 12 B. Sewer 13. Coatings/Epoxy ..................................................................................... 13 14. Coatings/Polyurethane .......................................................................... 14 15. Combination Air Valves ....................................................................... 15 16. Pipes/Concrete ...................................................................................... 16 DocuSign Envelope ID: 9FEE3ACF-02F9-426E-A65D-4FB3B79C6266 17. Pipe Enlargement System (Method) ..................................................... 17 18. Pipes/Fiberglass Reinforced Pipe ......................................................... 18 19. Pipes/HDPE .......................................................................................... 19 20. Pipes/PVC (Pressure Sewer) ................................................................. 20 21. Pipes/PVC* ........................................................................................... 21 22. Pipes/Rehab/CIPP ................................................................................. 22 23. Pipes/Rehab/Fold & Form .................................................................... 23 24. Pipes/Open Profile Large Diameter ...................................................... 24 C. Water 25. Appurtenances ....................................................................................... 25 26. Bolts, Nuts, and Gaskets ....................................................................... 26 27. Combination Air Release Valve ........................................................... 27 28. Dry Barrel Fire Hydrants ...................................................................... 28 29. Meters ................................................................................................... 29 30. Pipes/PVC (Pressure Water) ................................................................. 30 31. Pipes/Valves & Fittings/Ductile Iron Fittings ....................................... 31 32. Pipes/Valves & Fittings/Resilient Seated Gate Valve .......................... 32 33. Pipes/Valves & Fittings/Rubber Seated Butterfly Valve ...................... 33 34. Polyethylene Encasement ..................................................................... 34 35. Sampling Stations ................................................................................. 35 36. 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