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HomeMy WebLinkAboutContract 58514-PM1CSC No. 58514-PM1 PROJECT MANUAL FOR THE CONSTRUCTION OF 314 S. Main Street — Building Shell Renovations IPRC: 22-0188 City Project No.104390 FID: 30114-0200431-104390-EO7685 X-27545 Mattie Parker David Cooke Mayor City Manager Christopher P. Harder, P.E. Director, Water Department William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth am H/aRRIS KOCHER -SMITH DALLAS/FORT WORTH • DENVER 451 S. Main St., Ste 210 Fort Worth, TX 76104 Ph:817.769.6279 Fax:817.769.6298 TBPE Firm#: F-15501 TBPLS Firm#:10194145 SEPTEMBER 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 5 SECTION 00 00 10 TABLE OF CONTENTS DEVELOPER AWARDED PROJECTS Division 00 - General Conditions Last Revised 00 41 00 00 42 43 0043 13 Bid Fefm Proposal Form Unit Price Bid Bond nn in s 05/22/2019 nn in 4 nno n�= Bidde :s Pf:eq, alifiecaiea's Prequalification Statement . f;ea4i .a A nn in 4 09/01/2015 in n 0045 12 0045 13 00 45 26 Bidde Pfegtta1 pri;,.a4iea Contractor Compliance with Workers' Compensation Law r, Enterprise 03 04/02/2014 nQi 0045 40 00 52 43 iner-ity Business Goal Agreement a 06/16/2016 00 61 25 Certificate of Insurance 07/01/2011 00 62 13 Performance Bond 01/31/2012 00 62 14 Payment Bond 01/31/2012 00 62 19 00 7200 Maintenance Bond Genef.,i Conditions 01/31/2012 i ii ii T 00 73 00 0073 10 c,,,.,.io,,.,enta y C rdifi np Standard City Conditions of the Construction Contract for Developer n7inm�vzi 01/10/2013 Awarded Projects Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 31 19 813129 Preconstruction Meeting Pr-egeet Meet* — 08/30/2013 07/0i/2 z 013300 01 35 13 Submiffals Special Project Procedures 08i3 08/30/2013 01 45 23 Testing and Inspection Services 03/20/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 60 00 Product Requirements 03/20/2020 01 66 00 Product Storage and Handling Requirements 04/07/2014 01 70 00 moon and P_ainebiliza4ie nn in 4 01 71 23 Construction Staking 04/07/2014 01 74 23 Cleaning 04/07/2014 01 77 19 Closeout Requirements 04/07/2014 01 78 23 Operation and Maintenance Data 04/07/2014 01 78 39 Project Record Documents 04/07/2014 CITY OF FORT WORTH 314 S. Main Street — Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 104390 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None. Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti):Hfortworthtexas.aov/tvw/contractors/ or htti)s:Hapns.fortworthtexas.Lyov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 3 SeleetiVe Sile e ffl lit 12/�12 Division 03 - Concrete 03 311 13 C f r-el l oa row St -e figtl, T, a4e -ia (Cr SM4 i 2 /�Q 03 34-16 Genefet U w o 'Ma4o,. r— T k P Orok 12 lzzr20QO 12 038000 >\aedif;,,m rs t E*istiag Conefete Strttet,,,.es 12/�1-2 Division 26 - Electrical �o Gemmen orl- P_ocJLs 2-6-05-50 E0:4,.,,x-.11'41,.., ,,) Division 31- Earthwork 31�o Site C� 12/�12 3, 24 n 1 01 /2a/2n13 �T�7'V8 ��4Y.1+4.�''1I.1�iGY'tC virrrvravz� 31 25 00 Erosion and Sediment Control 12/20/2012 3,�1 36 00 dens 12/'f�20A2012 31�no Ripr-ap 11 /�12 Division 32 - Exterior Improvements 3201 17 no,.. a-nert � �F 12/�12 �T �n z �, t �v 32 01 29 Concrete Paving Repair 12/20/2012 32 1129 29 r Treated Base C,,,,,.�o� 12/2n/2n12 �rz� rLravravzz 32 1133 Cement Treated Base C 12/20A2012 32 1137 Liquid Tfy to Soil Ct..09/2ILnI-5 32 6 f\- -4fig 11 /�12 32 1273 I12/�tz CITY OF FORT WORTH 314 S. Main Street — Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS — DEVELOPER AWARDED PROJECTS CPN.• 104390 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 3q 13 13 r 17/'f�zr20,L2 z 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 06/05/2018 32 1373 Concrete Paving Joint Sealants 12/20/2012 32 11,411 6 32 16 13 Br-i k Unit Paving Concrete Curb and Gutters and Valley Gutters i2/7�r20Q0 z 10/05/2016 32 1723 Pavement Markings 11/22/2013 32 1725 3231 3 r".�oo Llvnting Chain Fences andGates 1 1 /04QO13 12/7 z '27�9 3232 13 Weed Fences and Gates Ga&t in Plan: Cone -ete Retaining Walls 11 /�12 86/05,L201$ 12 91 19 Topsoilnl,.,,ement-amd Finishing of PafL.. ays_ 12/20QO12 92 13 uydr-e r,r„l,.b ing Seoi!iffz,-� and Eadding 12/20QO12 32 93 43 Trees and Shrubs 12/20/2012 Division 33 33 01 30 - Utilities Sewe-.,-a >\iT.,,,hole Testing 12/'lzzr20QO12 33 0131 3Z�v Closedr; -ett t Television (CCT3I) laspe tie %-rQ5G PURNring aFKiJ-JDg EO We S 03/03,L2016 1111 /�12 33 04-10 22� Jc�rit Bm iv, a*d Qeetfieal 1sel.,tio r..,-.-esio,,. Getit el Test Stations >\aagaesitff r.,tt,edie tie 11/'f�zr20,L2 z 12/zzr20QO 2 33 04 12 33 04-30 33 04 40 Anode Pfete Systeffl To.,.,,.,.,.ary Water- Serve Cleaning and Acceptance Testing of Water Mains 12/20QO12 n�/non 02/06/2013 33 04 50 Cleaning of Sewer Mains 12/20/2012 3305 10 22� Utility Trench Excavation, Embedment, and Backfill Tine -in 12/12/2016 12/7zz�-20QO12 33 05 3 3305 13.10 W.,4ef Lower > - me Goyef andGr-a o Ringo r.�n 8 F-r a Grade Rings � ��es�te 01 /�, '�6 01 /22/2n16 ZZ 05 14 n-a�r�C—ever AdjucVrg M��nlets> Valve Boxes, and Stfuettires to �� r1tr20r/201zrf^ae 22� 3305 17 330520 20Auger-ng Genefete Wate f Vaults rCollafslq/ T,,.,.. / 1q'fr�20,Q012 171 /7 z 1 /7zz�-20//i012 } 22� 33-0523 e Liner- Plate Steel Casing -Ripe I-Iand Tunna-hag 2 12/20QO12 Q/20,L2012 33 05 24 t insi,lla4ieft E)f Cat:Fief: Pipe i ,- Casing of T..tiz. L/rQr D i,,.e T 1:♦y TR.,.-lio,-s/T n6llvvrririvi3 330526 26 33 05 30 .,.,atefs 4 Location of Existing Utilities 12/20Qz 12/20/2012 33 1105 Bolts, Nuts, and Gaskets 12/20/2012 33 11 10 Ductile Iron Pipe 12/20/2012 33 11 11 Ductile Iron Fittings 12/20/2012 33 11 12 Polyvinyl Chloride (PVC) Pressure Pipe 11/16/2018 ?'3 2 .� 11 1., 0 Baf �x7,-.,,..,- C—ene�ete�res�� Steel Cylindef Type 12/20QO17 �� a ✓� 11 11 n,, ie Steel Pipe and>;;Aiag-g 11 /�12 33 1210 Water Services 1-inch to 2-inch 02/14/2017 33 12 11 Large Water Meters 12/20/2012 33 1220 Resilient Seated Gate Valve 12/20/2012 CITY OF FORT WORTH 314 S. Main Street - Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS CPN.• 104390 Revised March 20, 2020 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised March 20, 2020 33 12 21 AWWA Rubber-Seated Butterfly Valves 12/20/2012 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2014 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow-off Valve Assembly 06/19/2013 33 31 12 Cured in Place Pipe (CIPP) 12/20/2012 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene (HDPE) Pipe for Sanitary Sewer 12/20/2012 33 31 20 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe 06/19/2013 33 31 21 Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 12/20/2012 33 31 22 Sanitary Sewer Slip Lining 12/20/2012 33 31 23 Sanitary Sewer Pipe Enlargement 12/20/2012 33 31 50 Sanitary Sewer Service Connections and Service Line 04/26/2013 33 31 70 Combination Air Valve for Sanitary Sewer Force Mains 12/20/2012 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 Fiberglass Manholes 12/20/2012 33 39 40 Wastewater Access Chamber (WAC) 12/20/2012 33 39 60 Epoxy Liners for Sanitary Sewer Structures 12/20/2012 33 41 10 Reinforced Concrete Storm Sewer Pipe/Culverts 07/01/2011 33 41 11 High Density Polyethylene (HDPE) Pipe for Storm Drain 12/20/2012 33 41 12 Reinforced Polyethlene (SRPE) Pipe 11/13/2015 33 46 00 Subdrainage 12/20/2012 33 46 01 Slotted Storm Drains 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 33 49 20 Curb and Drop Inlets 12/20/2012 33 49 40 Storm Drainage Headwalls and Wingwalls 07/01/2011 Division 34 - Transportation 34 41 10 Traffic Signals 10/12/2015 34 41 10.01 Attachment A – Controller Cabinet 12/18/2015 34 41 10.02 Attachment B – Controller Specification 02/2012 34 41 10.03 Attachment C – Software Specification 01/2012 34 41 11 Temporary Traffic Signals 11/22/2013 34 41 13 Removing Traffic Signals 12/20/2012 34 41 15 Rectangular Rapid Flashing Beacon 11/22/2013 34 41 16 Pedestrian Hybrid Signal 11/22/2013 34 41 20 Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 34 41 50 Single-Mode Fiber Optic Cable 02/26/2016 34 71 13 Traffic Control 11/22/2013 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 5 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised March 20, 2020 Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities GC-4.06 Hazardous Environmental Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION 00 42 43 DAP - BID PROPOSAL Page 1 of 7 1 3311.0151 6" DIP Water 33 11 10 LF 15 $ 125.00 1,875.00$ 2 3312.4002 6" x 6" Tapping Sleeve & Valve 33 12 25 EA 1 $ 2,000.00 2,000.00$ 3 3312.3002 6" Gate Valve 33 12 20 EA 1 $ 2,000.00 2,000.00$ 4 3311.0051 4" DIP Water 33 11 10 LF 24 $ 115.00 2,760.00$ 5 3312.2204 2" Private Water Service 33 12 10 LF 47 $ 50.00 2,350.00$ 6 3312.2004 1" Private Water Service 33 12 10 LF 20 $ 45.00 900.00$ 7 3312.0117 Connection to Existing 4"-12" Water Main 33 12 25 EA 2 $ 4,320.00 8,640.00$ 8 0241.0100 Remove Sidewalk 02 41 13 SF 128 $ 20.00 2,560.00$ 9 0241.0401 Remove Concrete Drive 02 41 13 SF 105 $ 4.00 420.00$ 10 3213.0301 4" Conc Sidewalk 32 13 20 SF 128 $ 10.00 1,280.00$ 11 3213.0401 6" Concrete Driveway 32 13 20 SF 105 $ 10.00 1,050.00$ Bidlist Item No. UNIT I: WATER IMPROVEMENTS SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description TOTAL UNIT I: WATER IMPROVEMENTS $25,835.00 Bid Quantity Unit Price Bid Value Project Item Information UNIT PRICE BID Bidder's Application Specification Section No. Unit of Measure CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 2022-10-24 314 S. Main Street 00 42 43_Bid Proposal_DAP.xls 00 42 43 DAP - BID PROPOSAL Page 2 of 7 Bidlist Item No. SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM Bidder's Proposal Description Bid Quantity Unit Price Bid Value Project Item Information UNIT PRICE BID Bidder's Application Specification Section No. Unit of Measure 1 Sanitary Sewer Cleanouts 33 31 50 EA 5 $ 400.00 2,000.00$ 2 4" PVC SS Service 33 31 50 LF 36 45.00$ 1,620.00$ UNIT II: SANITARY SEWER IMPROVEMENTS TOTAL UNIT II: SANITARY SEWER IMPROVEMENTS $3,620.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 2022-10-24 314 S. Main Street 00 42 43_Bid Proposal_DAP.xls 00 42 43 DAP - BID PROPOSAL Page 10 of 10 SECTION 00 42 43 Developer Awarded Projects - PROPOSAL FORM UNIT PRICE BID Bidder's Application Bidlist Item No. Project item Information Bidder's Proposal Description ISpecification Unit of I Bid Section No. Measure Quantity Bid Summary UNIT I: WATER IMPROVEMENTS UNIT II: SANITARY SEWER IMPROVEMENTS This Bid is submitted by the entity named below: BIDDER: North Texas Contracting, Inc. 4999 Keller Haslet Road Keller, Texas 76244 Contractor agrees to complete WORK for FINAL ACCEPTANCE within CONTRACT commences to run as provided in the General Conditions. Unit Price Bid Value $25,835.00 $3,620.00 Total Construction Bid $29,455.001 BY: Zach Fusilier TITLE: Vice President DATE: 10/24/2022 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS - DEVELOPER AWARDED PROJECTS Form Version May 22, 2019 10 working days after the date when the 2022-10-24 314 S. Main Street 00 42 4 =Bid Proposal_DAP 00 45 12 DAP PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 DAP — PREQUALIFICATION STATEMENT Each Bidder is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. In the "Maior Work Tune" box provide the complete major work tvne and actual description as provided by the Water Department for water and sewer and TPW for caving. Major Work Type Water Distribution Development, 8-inch diameter and smaller and Sewer Collection System, Development, 8-inches and smaller Contractor/Subcontractor Company Name Prequalification Expiration Date North Texas Contracting Inc 04/30/2023 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: North Texas Contracting Inc 4999 Keller -Haslet Road PO Box 468 Keller, TX 76248 BY: Zach Fusilier (Signature) TITLE: Vice President DATE: 11/4/22 ,A AN��'''f ct-, a4.g'v poat/c �'90 END OF SECTION } 4• CITY OF FORT WORTH STANDARD CONSTRUCTIONPREQUALIFICATION STATEMENT —DEVELOPER AWARDED PROJECTS Manual FinaLdncx ►f ggTE pF 86••• �� ► Revl_314 S. Main Street Express CFA Draft Project Fonn Vecaiun September 1, 2015 00 45 26- 1 PROJECT RECORD DOCUMENTS 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. 104390. 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 North Texas Contractin Inc By: Zach Fusilier Company (Please Print) 4999 Keller -Haslet Road Signature: --7 - Address Keller, Texas 76244 Title: Vice President City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Zach Fusilier , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Tx Drivers License for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4 t h day of November , 20 22 -and Notary . in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 314 S. Main Street— Building Shell Renovations CPN: 104390 1 SECTION 00 52 43 2 AGREEMENT 3 00 52 43 • l Developer Awarded Project Agreement Page 1 of4 4 THIS AGREEMENT, authorized on Nov. 4 , 2 0 2 2 is made by and between the Developer, (314 South 5 Main, LLC), authorized to do business in Texas ("Developer''), and North Texas Contracting, Inc, 6 authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor''). 7 Developer and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project 11 identified herein. 12 Article 2. PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is generally 14 described as follows: 15 314 S. Main Street-Building Shell Renovations 16 CPN:104390 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance es stated in the Contract Documents are 20 of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 10 working days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.04 of the Standard City Conditions of 24 the Construction Contract for Developer Awarded Projects. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that Developer will suffer 27 financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus 28 any extension thereof allowed in accordance with Article 10 of the Standard City Conditions of the 29 Construction Contract for Developer Awarded Projects. The Contractor also recognizes the delays, 30 expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the 31 Developer if the Work is not completed on time. Accordingly, instead of requiring any such proof 32 , Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 33 Developer Five Hundred Dollars ($500.00) for each day that expires after the time specified in 34 Paragraph 3 .2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTII 314 S. Main Street-Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 2, 2014 September 25, 2022 005243-2 Developer Awarded Project .Agreement Page2 of4 35 Article 4. CONTRACT PRICE 36 Developer agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of Twenty-Nine Thousand, Four Hundred Fifty-Five Dollars 38 ($29,455.00). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between Developer and Contractor 42 concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form (As provided by Developer) 46 1) Proposal Form (DAP Version) 47 2) Prequalification Statement 48 3) State and Federal documents (project specific) 49 b. Insurance ACORD Fonn(s) 50 c. Payment Bond (DAP Version) 51 d Performance Bond (DAP Version) 52 e. Maintenance Bond (DAP Version) 53 f. Power of Attorney for the Bonds 54 g. Worker's Compensation Affidavit 55 h. MBE and/or SBE Commitment Form (Ifrequired) 56 3. Standard City General Conditions of the Construction Contract for Developer Awarded 57 Projects. 58 4. Supplementaty Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment or, if not 60 attached, as incorporated by reference and described in the Table of Contents of the Project's 61 Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the Agreement 66 and, if issued, become an incorporated part of the Contract Documents: 67 a Notice to Proceed 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 72 CITY OF FORT WORTH 314 S. Mam Street-Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECI'S CPN: 104390 Revised April 2, 2014 73 Article 6. INDEMNIFICATION 00 5243 -3 Developer Awarded Project Agreement Pagc3 of4 74 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, 75 the city, its officers, servants and employees, from and against any and all claims arising out of, 76 or alleged to arise out of, the work and services to be performed by the contractor, its officen, 77 agents, employees, subcontractors, licenses or invitees under this contract. This indemnification 78 p r ovuion is s pecifically intended to operate and be effective eve n if it is alleged or p roven that 79 all or some of the damages being sought were caused. in whole or in part, by any act, omipion 80 or negligence of the city. This indemnity provision is intended to include, without limitatio~ 81 indemnity for costs, expenses and legal fees incurred by the city in defending against such claims 82 and causes of actions. 83 84 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, 85 its officen, servants and employees, from and against any and all loss, damage or destruction 86 of property of the city, arising out of, or alleged to arise out of, the work and services to be 87 performed by the contractor, its officers, agents, employees, subcontractors, licemees or invitees 88 under this contract. This lndemnfflcatlon provision is spedftcally intended to operate and be 89 effective even if it is alleged or proven that all or some of the damages being sou ght were caused, 90 in whole or in part, by any ac t, omission or J1 eytigP-nce uf the city. 91 92 Article 7. MISCELLANEOUS 93 7.1 Terms. 94 Terms used in this Agreement are defmed in Article 1 of the Standard City Conditions of the 95 Construction Contract for Developer Awarded Projects . 96 7 .2 Assignment of Contract. 97 This Agreement, including all of the Contract Documents may not be assigned by the Contractor 98 without the advanced express written consent of the Developer. 99 7.3 Successors and Assigns. 100 Developer and Contractor each binds itself, its partners, successors, assigns and legal representatives 101 to the other party hereto, in respect to all covenants, agreements and obligations contained in the 102 Contract Documents. 103 7.4 Severability. 104 Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable 105 by a comt of competent jurisdiction shall be deemed stricken, and all remaining provisions shall 106 continue to be valid and binding upon DEVELOPER and CONTRACTOR. 107 7.5 Governing Law and Venue. I 08 This Agreement. including all of the Contract Documents is performable in the State of Texas. Venue 109 shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, 110 Fort Worth Division. CITY OF FORT WORTH 314 S. Main Street-Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS-DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 2. 2014 111 112 11 3 114 11 5 116 117 118 119 120 12 1 122 OO SH3 -4 Devel oper Awarded l'ro!)tct Agrem,ent Pago • nf4 7.6 Autho rity to Sign. Contractor shall at tach evide nce of a uthority to sign Agreement, if other than duly a1Jthorized s ignatory of the Contractor. IN WITNESS WHEREOF, Developer and Contractor have executed th.is Agreement in multip le counterpart.,. This Agreement is effecti ve as o f the last date signed by t he Parties ("Effective Date''). Contractor: D eveloper: '3 I y. 5 0 v1.+-h. '{Ylq : I\, l-L L NQrtb Texas Contractin9 , I nc / fe C: ~ .... B....,Y_· -""""-~---/ ____ .,..._: ~7"'----=====- ....,,(Signatmc) ~ Zach Fnsilier (Printed Name) Titl ~ v ice President Company Name : Address· 4999 Ke lle r -Ha s let Rd Ci !Y/State/ZiP· Ke] J er Tx 76 2 44 Date R ian M ag u1re Titlc· (Printed Name) Presid e n t Comp any name: Address· 4 5 I South M a in St. Su ite 200 Ci ty/StatdZiP· Fo r t Wo r th , T X 76 104 09/25/20 22 Date CITY OF FORT WORm 31 4 s. M ain St=t-Buildins Sll cll Rcnowd o,,a STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS -DEVELOPER.AWARDED PROJECrS CPN: !04390 Rnued Apri12,20!4 9/25/2022 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 201010 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or on::ianization be added as an additional insured on vour oolicv. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of your ongoing operations per­ formed for that insured. B.With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2.Exclusions This insurance does not apply to "bodily in­ jury" or "property damage" occurring after: (1)All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi­ tional insured(s) at the site of the cov­ ered operations has been completed; or (2)That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con­ tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 201010 01 © ISO Properties, Inc., 2000 Page 1 of 1 □ EPP0448712 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 3710 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Location And Description of Completed Operations: On File With Company Additional Premium: N/A (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations haz­ ard". CG 20 3710 01 © ISO Properties, Inc., 2000 Page 1 of 1 □ EPP0448712 EPP0448712 Blanket as Required by Written Contract Any/All Locations required by Written Contact Any/All Projects Required by Written Contract we will pay on behalf of the additional insured is the amount of insurance: 1.Required by the contract or agreement; or 2.Available under the applicable Limits of Insurance shown in the Dedarations; whichever is less. This endorsement shall not ina-ease the applicable Limits of Insurance shown in the Declarations. CG20100413 © Insurance Services Office, Inc., 2012 Page 2 of2 Policy Number: EPP0448712 Blanket as Required by Written Contract Any/All Locations Required by Written Contract Any/All Projects Required by Written Contract EPP0448712 POLICY NUMBER: EPP0448712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS I COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Endorsement-Table of Contents: Coverage:Begins on Page: 1.Employee Benefit Liability Coverage .................................................................................................. 2 2.Unintentional Failure to Disclose Hazards .......................................................................................... 7 3.Damage to Premises Rented to You ................................................................................................... 8 4.Supplementary Payments ................................................................................................................... 9 5.Medical Payments ................................................................................................................................ 9 6.Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) ......................................................................................................... 9 7.180 Day Coverage for Newly Formed or Acquired Organizations .................................................. 10 8.Waiver of Subrogation ....................................................................................................................... 10 9.Automatic Additional Insured -Specified Relationships: ................................................................ 10 •Managers or Lessors of Premises;•Lessor of Leased Equipment;•Vendors;•State or Political Subdivisions -Permits Relating to Premises;•State or Political Subdivisions -Permits; and•Contractors' Operations10.Broadened Contractual Liability -Work Within 50' of Railroad Property ......................................... 1411.Property Damage to Borrowed Equipment ....................................................................................... 1412.Employees as Insureds -Specified Health Care Services: ............................................................ 14•Nurses;•Emergency Medical Technicians; and•Paramedics 13.Broadened Notice of Occurrence ...................................................................................................... 14 B.Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse­ ment, except as provided below: 1.Employee Benefit Liability Coverage Each Employee Limit: Aggregate Limit: Deductible: $ 1,000,000 $ 3,000,000 $ 1,000 3. Damage to Premises Rented to You The lesser of: a.The Each Occurrence Limit shown in the Declarations; or b.$500,000 unless otherwise stated $------ 4.Supplementary Payments a.Bail bonds: b.Loss of earnings: 5.Medical Payments Medical Expense Limit: GA233 02 07 $ 1,000 $ 350 $ 10,000 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 15 6.Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage(Coverage b.) Limits of Insurance (Each Occurrence)Coverage a. $1,000Coverage b. $5,000 unless otherwise stated $ ____ _ Deductibles (Each Occurrence)Coverage a. $250Coverage b. $250 unless otherwise stated $ ___ _ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM (a)Area (For Limits in Excess of (For Limits in Excess of (b)Payroll $5,000) (c)Gross Sales $5,000) (d)Units (e)Other b.Care, Custodyor Control $ TOT AL ANNUAL PREMIUM -s 11.Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 $ 250 Deductible: C.Coverages: 1.Employee Benefit Liability Coverage a.The following is added to SECTION I-COVERAGES: Employee BenefitLiability Coverage. ( 1)Insuring Agreement (a)We will pay those sums thatthe insured becomes legallyobligated to pay as dam­ages caused by any act, er­ror or omission of the in­sured, or of any other per­son for whose acts the in­sured is legally liable, towhich this insurance ap­plies. We will have the rightand duty to defend the in­sured against any "suit"seeking those damages.However, we will have noduty to defend against any"suit" seeking damages towhich this insurance doesnot apply. We may, at ourdiscretion, investigate anyreport of an act, error oromission and settle anyclaim or "suit" that may re­sult. But: 1)The amount we will payfor damages is limitedas described in SEC­TION Ill -LIMITS OFINSURANCE; and 2)Our right and duty todefend ends when we have used up the ap­plicable limit of insur­ance in the payment of judgments or settle­ments. No other obligation or liabil­ity to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Pay­ments. (b)This insurance applies todamages only if the act, er­ror or omission, is negli­gently committed in the"administration" of your"employee benefit pro­gram"; and 1)Occurs during the pol­icy period; or 2)Occurred prior to theeffective date of thisendorsement provided: a)You did not haveknowledge of aclaim or "suit" onor before the ef­fective date of thisendorsement. You will bedeemed to haveknowledge of aclaim or "suit"when any"authorized repre­sentative"; GA 2330207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 15 i)Reports all, orany part, of theact, error oromission to usor any otherinsurer; ii)Receives awritten or ver­bal demand orclaim for dam­ages becauseof the act, er­ror or omis­sion; and b)There is no otherapplicable insur­ance. formance of investment vehicles; or 3)Advice given to anyperson with respect tothat person's decisionto participate or not toparticipate in any planincluded in the "em­ployee benefit pro­gram". (f)Workers' Compensationand Similar Laws (2)Exclusions Any claim arising out ofyour failure to comply withthe mandatory provisions ofany workers' compensation,unemployment compensa­tion insurance, social secu­rity or disability benefits lawor any similar law. GA2330207 This insurance does not applyto: (a)Bodily Injury, PropertyDamage or Personal andAdvertising Injury "Bodily injury", "propertydamage" or "personal andadvertising injury". (b)Dishonest, Fraudulent,Criminal or Malicious Act Damages arising out of anyintentional, dishonest,fraudulent, criminal or mali­cious act, error or omission,committed by any insured,including the willful or reck­less violation of any statute. (c)Failure to Perform a Con­tract Damages arising out of fail­ure of performance of con­tract by any insurer. (d)Insufficiency of Funds Damages arising out of aninsufficiency of funds tomeet any obligations underany plan included in the"employee benefit pro­gram". (e)Inadequacy of Perform­ance of lnvesbnent / Ad­vice Given With Respectto Participation Any claim based upon: 1)Failure of any invest­ment to perform; 2)Errors in providing in­formation on past per- (g)ERISA Damages for which any in­sured is liable because ofliability imposed on a fiduci­ary by the Employee Re­tirement Income SecurityAct of 1974, as now orhereafter amended, or byany similar federal, state orlocal laws. (h)Available Benefits Any claim for benefits to theextent that such benefitsare available, with reason­able effort and cooperationof the insured, from the ap­plicable funds accrued orother collectible insurance. (i)Taxes, Fines or Penalties Taxes, fines or penalties,including those imposedunder the Internal RevenueCode or any similar state orlocal law. (j)Employment-RelatedPractices Any liability arising out ofany: (1)Refusal to employ; (2)Termination of em­ployment; (3)Coercion, demot!on, evaluation, reassign-ment, discipline, defa­mation, harassment, humiliation, discrimina­tion or other employ- Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4)Consequential liabilityas a result of (1), (2) or(3)above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3)Supplementary Payments SECTION I -COVERAGES,SUPPLEMENTARY PAY­MENTS -COVERAGES A ANDB also apply to this Coverage. b.Who is an Insured As respects Employee Benefit Liabil­ity Coverage, SECTION II -WHO ISAN INSURED is deleted in its en­tirety and replaced by the following: (1)If you are designated in theDeclarations as: (a)An individual, you and yourspouse are insureds, butonly with respect to theconduct of a business ofwhich you are the soleowner. (b)A partnership or joint ven­ture, you are an insured.Your members, your part­ners, and their spouses arealso insureds but only withrespect to the conduct ofyour business. (c)A limited liability company,you are an insured. Yourmembers are also insureds,but only with respect to theconduct of your business.Your managers are in­sureds, but only with re­spect to their duties as yourmanagers. (d)An organization other thana partnership, joint ventureor limited liability company,you are an insured. Your•executive officers" and di­rectors are insureds, butonly with respect to theirduties as your officers or di­rectors. Your stockholdersare also insureds, but onlywith respect to their liabilityas stockholders. (e)A trust, you are an insured.Your trustees are also in­sureds, but only with re­spect to their duties astrustees. (2)Each of the following is also aninsured: (a)Each of your "employees"who is or was authorized toadminister your "employeebenefit program". (b)Any persons, organizationsor "employees" having proper temporary authori­zation to administer your "employee benefit program" if you die, but only until your legal representative is ap­pointed. (c)Your legal representative ifyou die, but only with re­spect to duties as such.That representative willhave all your rights and du­ties under this CoveragePart. (3)Any organization you newly ac­quire or form, other than a part­nership, joint venture or limitedliability company, and overwhich you maintain ownershipor majority interest, will qualifyas a Named Insured if no othersimilar insurance applies to thatorganization. However, cover­age under this provision: (a)Is afforded only until the180th day after you acquireor form the organization orthe end of the policy period,whichever is earlier; and (b)Does not apply to any act,error or omission that wascommitted before you ac­quired or formed the or­ganization. c.Limits of Insurance As respects Employee Benefit Liabil­ity Coverage, SECTION Ill -LIMITSOF INSURANCE is deleted in its en­tirety and replaced by the following: (1)The Limits of Insurance shownin Section B. Limits of Insur­ance, 1. Employee Benefit Li­ability Coverage and the rulesbelow fix the most we will payregardless of the number of: (a)Insureds; GA 2330207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 4 of 15 (b)Claims made or "suits"brought; (c)Persons or organizationsmaking claims or bringing"suits"; (d)Acts, errors or omissions; or (e)Benefits included in your"employee benefit pro-gram". (2)The Aggregate Limit shown inSection B. Limits of Insurance,1.Employee Benefit LiabilityCoverage of this endorsementis the most we will pay for alldamages because of acts, er­rors or omissions negligentlycommitted in the "administra­tion" of your "employee benefitprogram". (3)Subject to the limit described in(2)above, the Each EmployeeLimit shown in Section B. Limitsof Insurance, 1. EmployeeBenefit Liability Coverage ofthis endorsement is the most wewill pay for all damages sus­tained by any one "employee",including damages sustained bysuch "employee's" dependentsand beneficiaries, as a result of: (a)An act, error or omission; or (b)A series of related acts, er-rors or omissions, regard­less of the amount of timethat lapses between suchacts, errors or omissions, negligently committed in the "administration" of your "em­ployee benefit program". However, the amount paid un­der this endorsement shall not exceed, and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the "em­ployee benefit program". (4)Deductible Amount (a)Our obligation to pay dam­ages on behalf of the in­sured applies only to theamount of damages in ex­cess of the deductibleamount stated in the Decla­rations as applicable to Each Employee. The limitsof insurance shall not bereduced by the amount ofthis deductible. (b)The deductible amountstated in the Declarationsapplies to all damagessustained by any one "em­ployee", including such "employee's" dependents and beneficiaries, because of all acts, errors or omis­sions to which this insur­ance applies. (c)The terms of this insurance,including those with respectto: 1)Our right and duty todefend the insuredagainst any "suits"seeking those dam­ages; and 2) Your duties, and theduties of any other in­volved insured, in theevent of an act, error oromission, or claim, apply irrespective of the application of the deductible amount. (d)We may pay any part or allof the deductible amount toeffect settlement of anyclaim or "suit" and, uponnotification of the actiontaken, you shall promptlyreimburse us for such partof the deductible amount aswe have paid. d.Additional Conditions As respects Employee Benefit Li­ability Coverage, SECTION IV -COMMERCIAL GENERAL LIABIL­ITY CONDITIONS is amended asfollows: (1)Item 2. Duties in the Event ofOccurrence, Offense, Claim orSuit is deleted in its entirety andreplaced by the following: 2.Duties in the Event of an Act, Error orOmission, or Claim or Suit a.You must see to it that we are noti­fied as soon as practicable of an act,error or omission which may result ina claim. To the extent possible, no­tice should include: (1)What the act, error or omissionwas and when it occurred; and (2)The names and addresses ofanyone who may suffer dam­ages as a result of the act, erroror omission. GA 2330207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 5of 15 b.If a claim is made or "suit" is broughtagainst any insured, you must: (1)Immediately record the specificsof the claim or "suit" and thedate received; and (2)Notify us as soon as practicable. You must see to it that we receive written notice of the claim or "suit" as soon as practicable. c.You and any other involved insuredmust: (1)Immediately send us copies ofany demands, notices, sum­monses or legal papers re­ceived in connection with theclaim or "suit"; (2)Authorize us to obtain recordsand other information; (3)Cooperate with us in the investi­gation or settlement of the claimor defense against the "suit";and (4)Assist us, upon our request, inthe enforcement of any rightagainst any person or organiza­tion which may be liable to theinsured because of an act, erroror omission to which this insur­ance may also apply. d.No insured will, except at that in­sured's own cost, voluntarily make apayment, assume any obligation, orincur any expense without our con­sent. (2)Item 5. Other Insurance is de­leted in its entirety and replacedby the following: 5.Other Insurance If other valid and collectibleinsurance is available to theinsured for a loss we coverunder this Coverage Part,our obligations are limitedas follows: a.!Rliiinar��2 This insurance is pri­mary except when c.below applies. If thisinsurance is primary,our obligations are notaffected unless any ofthe other insurance isalso primary. Then, wewill share with all thatother insurance by themethod described in b.below. b.Method of Sharing If all of the other insur­ance permits contribu­tion by equal shares,we will follow thismethod also. Underthis approach each in­surer contributes equalamounts until It haspaid its applicable limitof insurance or none ofthe loss remains,whichever comes first. If any of the other in­surance does not per­mit contribution byequal shares, we willcontribute by limits.Under this method,each insurer's share isbased on the ratio of itsapplicable limit of in­surance to the total ap­plicable limits of insur­ance of all insurers. c, No Coverage This insurance shall not cover any loss for which the insured is entitled to recovery un­der any other insur­ance in force previous to the effective date of this Coverage Part. e.Additional Definitions As respects Employee Benefit Li­ability Coverage, SECTION V -DEFINITIONS is amended as fol­lows: (1)The following definitions areadded: 1."Administration" means: a.Providing information to"employees", includingtheir dependents andbeneficiaries, with re­spect to eligibility for orscope of "employeebenefit programs"; b.Interpreting the "em­ployee benefit pro­grams"; c.Handling records inconnection with the"employee benefit pro­grams"; or d.Effecting, continuing or terminating any "em­ployee's" participation GA2330207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 6 of 15 GA233 0207 in any benefit included in the "employee bene­fit program". However, "administration" does not include: a.Handling payroll de­ductions; or b.The failure to effect ormaintain any insuranceor adequate limits ofcoverage of insurance,including but not limitedto unemployment in­surance, social securitybenefits, workers' com­pensation and disabilitybenefits. 2."Cafeteria plans" meansplan authorized by applica­ble law to allow "employ­ees" to elect to pay for cer­tain benefits with pre-taxdollars. 3."Employee benefit pro­grams" means a programproviding some or all of thefollowing benefits to "em­ployees", whether providedthrough a "cafeteria plan• orotherwise: a. Group life insurance;group accident orhealth insurance; den­tal, vision and hearingplans; and flexible spending accounts; provided that no one other than an "em­ployee" may subscribe to such benefits and such benefits are made generally available to those "employees" who satisfy the plan's eligi­bility requirements; b.Profit sharing plans,employee savings plans, employee stock ownership plans, pen­sion plans and stock subscription plans, provided that no one other than an "em­ployee" may subscribe to such benefits and such benefits are made generally available to all "employees" who are eligible under the plan for such benefits; c.Unemployment insur­ance, social security benefits, workers' com­pensation and disability benefits; and d.Vacation plans, includ­ing buy and sell pro­grams; leave of ab­sence programs, in­cluding military, mater­nity, family, and civilleave; tuition assis­tance plans; transpor­tation and health clubsubsidies. (2)The following definitions aredeleted in their entirety and re­placed by the following: 21."Suit" means a civil pro­ceeding in which moneydamages because of anact, error or omission towhich this insurance appliesare alleged. "Suit" includes: a.An arbitration pro­ceeding in which suchdamages are claimedand to which the in­sured must submit ordoes submit with ourconsent; b. Any other alternativedispute resolution pro­ceeding in which suchdamages are claimedand to which the in­sured submits with ourconsent; or c.An appeal of a civilproceeding. 8. "Employee" means a per­son actively employed, for­merly employed, on leaveof absence or disabled, orretired. "Employee" in­cludes a "leased worker"."Employee" does not in­clude a "temporary worker". 2.Unintentional Failure to Disclose Haz­ards SECTION IV -COMMERCIAL GENERALLIABILITY CONDmONS, 7. Represen­tations is hereby amended by the addi­tion of the following: Based on our dependence upon yourrepresentations as to existing hazards, ifunintentionally you should fail to discloseall such hazards at the inception date ofyour policy, we will not reject coverageunder this Coverage Part based solely onsuch failure. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 7 of 15 3.Damage to Premises Rented to You a.The last Subparagraph of Paragraph2.SECTION I -COVERAGES,COVERAGE A. -BODILY INJURYAND PROPERTY DAMAGE, 2. LI­ABILITY Exclusions is hereby de­leted and replaced by the following: Exclusions c. through q. do not apply to damage by fire, explosion, light­ning, smoke or soot to premises while rented to you or temporarily occupied by you with permission of the owner. b.The insurance provided under SEC­TION I -COVERAGES, COVERAGEA.BODILY INJURY AND PROP­ERTY DAMAGE LIABILITY appliesto "property damage" arising out ofwater damage to premises that areboth rented to and occupied by you. (1)As respects Water Damage Le-gal Liability, as provided inParagraph 3.b. above: The exclusions under SECTIONI -COVERAGES, COVERAGEA. BODILY INJURY AND PROPERTY DAMAGE LIABIL­ITY, 2. Exclusions, other than i. War and the Nuclear Energy Liability Exclusion, are deleted and the following are added: This insurance does not apply to: (a)"Property damage": 1)Assumed in any con­tract; or 2)Loss caused by or re­sulting from any of thefollowing: a)Wear and tear; b)Rust,corrosion, fungus, decay, deterioration, hid­den or latent de­fect or any quality in property that causes it to dam­age or destroy it­self; c)Smog; d)Mechanicalbreakdown in­cluding rupture or bursting caused by centrifugal force; e)Settling, cracking,shrinking or ex­pansion; or f)Nesting or infesta­tion, or dischargeor release ofwaste products orsecretions, by in­sects, birds, ro­dents or otheranimals. (b)Loss caused directly or indi­rectly by any of the follow­ing: 1)Earthquake, volcanic eruption, landslide or any other earth move­ment; 2)Water that backs up oroverflows from asewer, drain or sump; 3)Water under the ground surface press­ing on, or flowing or seeping through: a)Foundations,walls, floors orpaved surfaces; b)Basements,whether paved ornot; or c)Doors, windows orother openings. (c)Loss caused by or resultingfrom water that leaks orflows from plumbing, heat­ing, air conditioning, or fireprotection systems causedby or resulting from freez­ing, unless: 1)You did your best tomaintain heat in thebuilding or structure; or 2)You drained theequipment and shut offthe water supply if theheat was not main­tained. (d)Loss to or damage to: 1)Plumbing, heating, airconditioning, fire pro­tection systems, or other equipment or ap­pliances; or 2)The interior of anybuilding or structure, orto personal property inthe building or structure GA2330207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 8 of 15 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c.Limit of Insurance The Damage to Premises Rented toYou Limit as shown in the Declara­tions is amended as follows: (2)Paragraph 6. of SECTION Ill -LIMITS OF INSURANCE ishereby deleted and replaced bythe following: 6.Subject to 5. above, theDamage to PremisesRented to You Limit is themost we will pay underCOVERAGE A. BODILYINJURY AND PROPERTYDAMAGE LIABILITY, fordamages because of "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance ap­plies. (3)The amount we will pay is lim­ited as described in Section B.Limits of Insurance, 3. Dam­age to Premises Rented toYou of this endorsement. 4.Supplementary Payments Under SECTION I -COVERAGE, SUP­PLEMENTARY PAYMENTS -COVER­AGES AAND B: a.Paragraph 2. is replaced by the fol­lowing: Up to the limit shown in Section B.Limits of Insurance, 4.a. Bail Bondsof this endorsement for cost of bailbonds required because of accidentsor traffic law violations arising out ofthe use of any vehicle to which theBodily Injury Liability Coverage ap­plies. We do not have to furnishthese bonds. b.Paragraph 4. is replaced by the fol­lowing: All reasonable expenses incurred bythe insured at our request to assistus in the investigation or defense ofthe claim or "suit", including actualloss of earnings up to the limit shownin Section B. Limits of Insurance,4.b. Loss of Earnings of this en­dorsement per day because of timeoff from work. 5.Medical Payments The Medical Expense Limit of Any OnePerson as stated in the Declarations isamended to the limit shown in Section B.Limits of Insurance, 5. Medical Pay­ments of this endorsement. 6.Voluntary Property Damage and Care,Custody or Control Liability Coverage a. Voluntary Property Damage Cov­erage We will pay for "property damage" toproperty of others arising out of op­erations incidental to the insured'sbusiness when: (1)Damage is caused by the in­sured; or (2)Damage occurs while in the in­sured's possession. With your consent, we will make these payments regardless of fault. b.Care, Custody or Control LiabilityCoverage SECTION I -COVERAGES, COV­ERAGE A. BODILY INJURY ANDPROPERTY DAMAGE LIABILITY, 2.Exclusions, j. Damage to Property,Subparagraphs (3), (4) and (5) donot apply to "property damage" tothe property of others describedtherein. With respect to the insurance provided by this section of the endorsement, the fol­lowing additional provisions apply: a.The Limits of Insurance shown in theDeclarations are replaced by the lim­its designated in Section B. Limits ofInsurance, 6. Voluntary PropertyDamage and Care, Custody orControl Liability Coverage of thisendorsement with respect to cover­age provided by this endorsement.These limits are inclusive of and notin addition to the limits being re­placed. The Limits of Insuranceshown in Section B. Limits of Insur­ance, 6. Voluntary Property Dam­age and Care, Custody or ControlLiability Coverage of this endorse­ment fix the most we will pay in anyone "occurrence" regardless of thenumber of: (1)Insureds; (2)Claims made or "suits" brought;or (3)Persons or organizations mak­ing claims or bringing "suits". GA2330207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 9 of 15 b.Deductible Clause (1)Our obligation to pay damageson your behalf applies only tothe amount of damages for each"occurrence" which are in ex­cess of the deductible amountstated in Section B. Limits ofInsurance, 6. Voluntary Prop­erty Damage and Care, Cus­tody or Conb'ol Liability Cov­erage of this endorsement. Thelimits of insurance will not be re­duced by the application of suchdeductible amount. (2)Condition 2. Duties in the Eventof Occurrence, Offense, Claimor Suit, applies to each claim or"suit" irrespective of the amount. (3)We may pay any part or all ofthe deductible amount to effectsettlement of any claim or "suit"and, upon notification of the ao­tion taken, you shall promptlyreimburse us for such part of thedeductible amount as has beenpaid by us. 7.180 Day Coverage for Newly Formed orAcquired Organizations SECTION II -WHO IS AN INSURED isamended as follows: Subparagraph a. of Paragraph 4. ishereby deleted and replaced by the fol­lowing: a.Insurance under this provision is af­forded only until the 180th day afteryou acquire or form the organizationor the end of the policy period,whichever is earlier; 8.Waiver of Subrogation SECTION IV -COMMERCIAL GENERALLIABILITY CONDITIONS, 9. Transfer ofRights of Recovery Against Others toUs is hereby amended by the addition ofthe following: We waive any right of recovery we mayhave because of payments we make forinjury or damage arising out of your on­going operations or "your work" done un­de� a �itten contract requiring suchwaiver with that person or organizationand in�luded in the "products-completedoperations hazard". However, our rightsmay only be waived prior to the •occur­rence". giving rise to the injury or damagefor which we make payment under thisCoverage Part. The insured must donothing after a loss to impair our rights.At our request, the insured will bring "suit"or transfer those rights to us and help usenforce those rights. 9.Automatic Additional Insured -Speci­fied Relationships a. The following is hereby added toSECTION II -WHO IS AN INSURED: ( 1)Any person or organization de­scribed in Paragraph 9.a.(2)below (hereinafter referred to asadditional insured) whom youare required to add as an addi­tional insured under this Cover­age Part by reason of: (a)A written contract oragreement; or (b)An oral agreement or con­tract where a certificate ofinsurance showing that per­son or organization as anadditional insured has beenissued, is an insured, provided: (a)The written or oral contractor agreement is: 1)Currently in effect orbecomes effectiveduring the policy pe­riod; and 2)Executed prior to an "occurrence" or offenseto which this insurancewould apply; and (b)They are not specificallynamed as an additional in­sured under any other pro­vision of, or endorsementadded to, this CoveragePart. (2)Only the following persons ororganizations are additional in­sureds under this endorsement,and insurance coverage pro­vided to such additional in­sureds is limited as providedherein: (a)The manager or lessor of apremises leased to you withwhom you have agreed perParagraph 9.a.(1) above to provide insurance, but only with respect to liability aris­ing out of the ownership,maintenance or use of thatpart of a premises leased to you, subject to the followingadditional exclusions: This insurance does notapply to: 1)Any "occurrence•which takes place after GA2330207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 10 of 15 GA 233 02 07 you cease to be a ten­ant in that premises. 2)Structural alterations,new construction ordemolition operationsperformed by or on be­half of such additionalinsured. (b)Any person or organizationfrom which you leaseequipment with whom youhave agreed per Paragraph9.a.(1) above to provide in­surance. Such person(s) ororganization(s) are insuredssolely with respect to theirliability arising out of themaintenance, operation oruse by you of equipmentleased to you by such per­son( s) or organizations(s).However, this insurancedoes not apply to any "oc­currence" which takes placeafter the equipment leaseexpires. (c)Any person or organization(referred to below as ven­dor) with whom you haveagreed per Paragraph9.a.(1) above to provide in­surance, but only with re­spect to "bodily injury" or"property damage" arisingout of •your products· whichare distributed or sold in theregular course of the ven­dor's business, subject tothe following additional ex­clusions: 1) The insurance affordedthe vendor does notapply to: a) "Bodily injury" or"property damage"for which the ven­dor is obligated topay damages byreason of the as­sumption of liabil­ity in a contract oragreement. Thisexclusion does notapply to liability fordamages that thevendor wouldhave in the ab­sence of the con­tract or agree­ment; b)Any express war­ranty unauthorizedby you; Includes copyrighted material of Insurance Services Office, Inc., with its permission. c)Any physical orchemical changein the productmade intentionallyby the vendor; d)Repackaging, un­less unpackedsolely for the pur­pose of inspection,demonstration,testing, or the substitution of parts under in­structions from the manufacturer, and then repackaged in the original container; e)Any failure tomake such in­spections, adjust­ments, tests orservicing as thevendor hasagreed to make ornormally under­takes to make inthe usual courseof business, inconnection withthe distribution orsale of the prod­ucts; f)Demonstration, in­stallation, servic­ing or repair op­erations, except such operations performed at the vendor's premises in connection with the sale of the product; g)Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. 2)This insurance doesnot apply to any in­sured person or or­ganization: a)From whom youhave acquiredsuch products, orany ingredient,part or container,entering into, ac- Page 11 of 15 GA2330207 companying or containing such products; or b)When liability in­cluded within the"products­completed opera­tions hazard" hasbeen excludedunder this Cover­age Part with re­spect to suchproducts. (d)Any state or political subdi­vision with which you haveagreed per Paragraph9.a.(1) above to provide in­surance, subject to the fol­lowing additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connec­tion with premises you own, rent or control and to which this insurance applies: 1)The existence, mainte­nance, repair, con­struction, erection, orremoval of advertisingsigns, awnings, cano­pies, cellar entrances,coal holes, driveways,manholes, marquees,hoist away openings,sidewalk vaults, streetbanners, or decora­tions and similar expo­sures; or 2)The construction, erec­tion, or removal of ele­vators; or 3)The ownership, main­tenance, or use of anyelevators covered bythis insurance. (e)Any state or political subdi­vision with which you haveagreed per Paragraph9.a.(1) above to provide in­surance, subject to the fol­lowing provisions: 1)This insurance appliesonly with respect to op­erations performed byyou or on your behalffor which the state orpolitical subdivision hasissued a permit. 2)This insurance doesnot apply to "bodily in­jury", "property dam­age" or "personal andadvertising injury" aris­ing out of operationsperformed for the stateor political subdivision. (f)Any person or organizationwith which you have agreedper Paragraph 9.a.(1)above to provide insurance,but only with respect to li­ability arising out of "yourwork" performed for thatadditional insured by you oron your behalf. A person ororganization's status as aninsured under this provisionof this endorsement contin­ues for only the period oftime required by the writtencontract or agreement, butin no event beyond the ex­piration date of this Cover­age Part. If there is nowritten contract or agree­ment, or if no period of timeis required by the writtencontract or agreement, aperson or organization'sstatus as an insured underthis endorsement endswhen your operations forthat insured are completed. (3)Any insurance provided to anadditional insured designatedunder Paragraph 9.a.(2): (a)Subparagraphs (e) and (f)does not apply to "bodilyinjury" or "property damage"included within the "prod­ucts-completed operationshazard"; (b)Subparagraphs (a), (b), (d),(e)and (f) does not apply to"bodily injury", "propertydamage" or "personal andadvertising injury" arisingout of the sole negligenceor willful misconduct of theadditional insured or theiragents, "employees" or anyother representative of theadditional insured; or (c)Subparagraph (f) does notapply to "bodily injury","property damage" or "per­sonal and advertising injury"arising out of: 1)Defects in design fur­nished by or on behalf Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 12 of 15 of the additional in­sured; or 2)The rendering of, or failure to render, anyprofessional architec­tural, engineering orsurveying services, in­cluding: a)The preparing,approving or fail­ing to prepare or approve maps, shop drawings, opinions, reports, surveys, field or­ders, change or­ders or drawings and specifications; and b)Supervisory,in-spection, archi­tectural or engi­neering activities. 3)"Your work" for which aconsolidated (wrap-up)insurance program hasbeen provided by theprimecontractor-projectmanager or owner ofthe construction projectin which you are in­volved. b.Only with regard to insurance pro­vided to an additional insured desig­ nated under Paragraph 9.a.(2) Sub­ paragraph (f) above, SECTION Ill - LIMITS OF INSURANCE is amendedto include:The limits applicable to the additionalinsured are those specified in thewritten contract or agreement or inthe Declarations of this CoveragePart, whichever are less. If no limitsare specified in the written contractor agreement, or if there is no writtencontract or agreement, the limits ap­plicable to the additional insured arethose specified in the Declarations ofthis Coverage Part. The limits of in­surance are inclusive of and not inaddition to the limits of insuranceshown in the Declarations. c.SECTION IV -COMMERCIAL GEN­ERAL LIABILITY CONDmONS is hereby amended as follows: (1)Condition 5. Other Insurance isamended to include: (a)Where required by a writtencontract or agreement, thisinsurance is primary and /or non contributory as re- spects any other Insurance policy is sued to the addi­tional insured, and such other Insurance policy shall be excess and / or noncon­tributing, whichever applies, with this insurance. (b)Any insurance provided bythis endorsement shall beprimary to other insuranceavailable to the additionalinsured except: 1)As otherwise providedin SECTION IVCOMMERCIAL GEN­ERAL LIABILITYCONDmONS, 5. OtherInsurance, b. Exces sInsurance; or 2)For any other valid andcollectible insuranceavailable to the addi­tional insured as anadditional insured byattachment of an en­dorsement to anotherinsurance policy that iswritten on an excessbasis. In such case,the coverage providedunder this endorse­ment shall also be ex­cess. (2)Condition 11. Conformance toSpecific Written Contract orAgreement is hereby added: 11.Conformance to SpecificWritten Contract orAgreement With respect to additionalinsureds described in Para­graph 9.a.(2)(f) above only: If a written contract oragreement between youand the additional insuredspecifies that coverage forthe additional insured: a.Be provided by the In­surance Services Of­fice additional insuredform number CG 20 10or CG 20 37 (wheaiedition specified); or b.Include coverage forcompleted operations;or c.lndude coverage for"your work"; and where the limits or cov­erage provided to the addi- GA 233 0207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 13 of 15 tional insured is more re­strictive than was specifi­cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b.above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse­ment is attached. If, how-ever, the written contract or agreement specifies the In-surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.a.(3)(b) ofthis endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap­ply. 10.Broadened Contractual Liability -WorkWithin 50 1 of Railroad Property It is hereby agreed that Paragraph f.(1) ofDefinition 12. "Insured contract• (SEC-TION V -DEFINITIONS) is deleted. 11.Property Damage to Borrowed Equip­ment a.The following is hereby added to Ex­clusion j. Damage to Property ofParagraph 2., Exclusions of SEC­TION I -COVERAGES, COVERAGEA. BODILY INJURY AND PROP­ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu­sion do not apply to tools or equip­ment loaned to you, provided they are not being used to perform opera­tions at the time of loss. b.With respect to the insurance pro­vided by this section of the en­dorsement, the following additionalprovisions apply: (1)The Limits of insurance shownin the Declarations are replacedby the limits designated in Sec­tion B. Limits of Insurance, 11.of this endorsement with respectto coverage provided by thisendorsement. These limits areinclusive of and not in addition tothe limits being replaced. TheLimits of Insurance shown inSection B. Limits of Insurance, 11.of this endorsement fix themost we will pay in any one "oc­currence• regardless of thenumber of: (a)Insureds; (b)Claims made or "suits"brought; or (c)Persons or organizationsmaking claims or bring"suits". (2)Deductible Clause (a)Our obligation to pay dam­ages on your behalf appliesonly to the amount of dam­ages for each "occurrence"which are in excess of theDeductible amount stated inSection B. Limits of Insur­ance, 11. of this endorse­ment. The limits of insur­ance will not be reduced bythe application of such De­ductible amount. (b)Condition 2. Duties in theEvent of Occurrence, Of­fense, Claim or Suit, ap­plies to each claim or "suit"irrespective of the amount. (c)We may pay any part or allof the deductible amount toeffect settlement of anyclaim or "suit" and, uponnotification of the actiontaken, you shall promptlyreimburse us for such partof the deductible amount ashas been paid by us. 12.Employees as Insureds -SpecifiedHealth Care Services It is hereby agreed that Paragraph2.a.(1)(d) of SECTION II -WHO IS ANINSURED, does not apply to your "em­ployees" who provide professional healthcare services on your behalf as duly li­censed: a.Nurses; b.Emergency Medical Technicians; or c.Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13.Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense,Claim or Suit (SECTION IV -COMMER­CIAL GENERAL LIABILITY CONDI- GA 233 02 07 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a.You must see to it that we are noti­fied as soon as practicable of an"occurrence" or an offense whichmay result in a claim. To the extentpossible, notice should include: (1)How, when and where the "oo­currence" or offense took place; (2)The names and addresses ofany injured persons and wit­nesses; and (3)The nature and location of anyinjury or damage arising out ofthe "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". GA2330207 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 15 of 15 FOJO'I\JJM?:ER: Effl):l48712 nilS ENDORSEMENT CHANGES THE POUCY. PLEASE READ ncAREFULLY. CONTRACTORS ADDITI ON AL INSU RED -AUTOMATIC STATUS AND AUTOMATIC WA IVER OF SUBROGATI ON WHEN REQU IRED IN WRITTEN CONTRACT, AGREEMENT, PERMIT OR AUTHORIZATI ON Th is endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A.Additional Insured -Owners, Lessees Or Contractors -Automatic Status For Other Parties When Required In Written Contract Or Agreement With You 1.Section JI -Who Is An Insured is amended to include as an additional in­ sured any person or organization you have agreed i1 writing i1 a contract or agreement to add as an additional in­ sured on this Coverage Part. Such per­ son(s) or organization(s) is an additional insured only with respect to liability for. a."Bodily injury", "property damage" or "personal and advertising injury"caused, i1 whole or i1 part, by the performance of your ongoing opera­ tions by you or on your behalf, under that written contract or written agreement. Ongoing operations does not apply to "bodily injury" or "proper­ ty damage" occurring after: ( 1)All work, including materia ls, parts or equipment furnished i1 connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the loca­ tion of the covered operations has been completed; or (2)That portion of "your work" out of which the injury or damage aris­ es has been put to its intended use by any person or organiza­ tion other than another contrac­ tor or subcontractor engaged in performing operations for a prin­ cipal as a part of the same pro­ ject; and b. "Bodily injury" or "property damage"caused, in whole or i1 part, by "your work" performed under that written contract or written agreement and in eluded i1 the "products-completed operations hazard", but only f. (1)The Coverage Part to which this endorsement is attached pro­ vides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard"; and (2)The written contract or written agreement requires you to pro­ vide additional insured coverage included within the "products­ completed operations hazard" for that person or organization. lf the written contract or written agreement requires you to provide additional insured coverage included within the "pro ducts-completed oper­ ations hazard" for a specified length of time for that person or organiza­ tion, the "bodily injury" or "property damage" must occur prior to the ex­ piration of that period of time i1 order for this insurance to apply. lf the written contract or written agreement requires you to provide additional insured coverage for a person or organization per only ISO additional insured endorsement form number CG 20 10, without specifying an edition date, and without specifi­ cally requiring additional insured coverage included within the "prod­ ucts-completed operations hazard", this Paragraph b. does not apply to that person or organization. 2.J the written contract or written agree­ ment described i1 Paragraph 1. above specifically requires you to provide addi­ tional insured coverage to that person or organization: a.Arising out of your ongoing opera­ tions or arising out of"your work"; or GA472 0918 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 3 b.By way of an edition of an ISO addi­ tional insured endorsement that in­ cludes arising out of your ongoing operations or arising out of "your work"; then the phrase caused, in whole or inpart, by i1 Paragraph A.1.a. and/or Para­ grap h A.1.b. above. whichever applies. is replaced by the phrase arising out of. 3.With respect to the insurance afforded to the additional insureds described i1 Para­ graph A.1. the following additional exclu­ sion applies: This insurance does not apply to "bodily injury''. "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural. engineering or surveying services, including: a.The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions. repo rts. surveys, field orders, change orders or draw­ ings and specifications; or b.Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing i1 the supervision, hir­ ing, employment. training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "prop­ erty damage", or the offense which caused the "personal and advertising inju­ry', involved the rendering of, or the fail­ ure to render. any professional architec­ tural, engineering or surveying services. 4.This Paragraph A. does not apply to addi­ tional insureds described i1 Paragraph B. B.Additional Insured • State Or Governmental Agen cy Or Subdivision Or Political Subdi­ vision -Automatic Status When Required 1h Written Permits Or Authorizations l Section II -Who Js An Insured is amended to include as an additional in­ sured any state or governmental agency or subdivision or political subdivision you have agreed i1 writing i1 a contract, agreement, permit or authorization to add as an additional insured on this Coverage Part. Such state or governmental agency or subdivision or political subdivision is an additional insured only with respect to op­ erations performed by you or on your be­ half for which the state or governmental agency or subdivision or political subdivi­ sion issued, i1 writing, a contract, agree­ ment permit or authorization. 2.With respect to the insurance afforded to the additional insureds described i1 Para­ graph B.1., the following additional exclu­ sions apply: This insurance does not apply to: a."Bodily injury", "property damage" or "personal and advertising injury" aris­ ing out of operations performed for the federal government, state or mu­ nicipality; or b."Bodily injury" or "property damage" included within the "products- completed operations hazard." C.The insurance afforded to additional insureds described i1 Paragraphs A. and B.: 1.Only applies to the extent permitted by law; and 2.Will not be broader than that which you are required by the written contract, writ­ ten agreement. written permit or written authorization to provide for such addition­ al insured; and 3.Does not apply to any person, organiza­ tion. state. governmental agency or sub­ division or political subdivision specifically named as an additional insured for the same project i1 the schedule of an en­ dorsement added to this Coverage Part. D. With respect to the insurance afforded to the additional insureds described i1 Paragraphs A.and B. the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the addi­ tional insured is the amount of insurance: 1.Required by the written contract, written agreement. written permit or written au­ thorization described i1 Paragraphs A. and B.; or 2.Available under the applicable Limits of Insurance shown i1 the Declarations; whichever is less. This endorsement shall not increase the appli­ cable Limits of Insurance shown i1 the Decla­ rations. E.Section DI -Commercial General Liability Con ditions is amended to add the following: Automatic Additional Insured Provision This insurance applies only if the "bodily inju­ ry' or "property damage" occurs, or the "per­ sonal and advertising injury" offense is com­ mitted: 1.During the policy period; and GA472 0918 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 2 of 3 2.Subsequent to your execution of the writ­ ten contract or written agreement, or the issuance of a written permit or written au­ thorization, described h Paragraphs A. and 8. F.Except when G. below applies, the following is added to Section IV -Commercial General Liability Conditions, 5. Other Insurance, ard supersedes any provision to the contrary: When Other Additional Insured Coverage Applies On An Excess Basis This insurance is primary to other insurance available to the additional insured described i1 Paragraphs A. and B. except: 1.t,.s otherwise provided i1 Section IV - Commercial General Liability Condi­ tions, 5. Other Insurance, b. Excess In­ surance; or 2.For any other valid and collectible insur­ ance available to the additional insured as a, additional insured by attachment of a, endorsement to another insurance policy that is written a, a, excess basis. h such case, this insurance is also excess. G.The following is added to Section IV -Com­ mercial General Liability Conditions, 5. Other Insurance, and supersedes any provi­ sion to the contrary: Primary Insurance When Required By Writ­ ten Contract, Agreement, Permit Or Au­ thorization Except when wrap-up insurance applies to the daim or "suit" a, behalf of the additional irr­ sured, this insurance is primary to any other insurance available to the additional insured described h Paragraphs A. and B. provided that: 1.The additional insured is a Named Ir.­ sured under such other insurance; and 2. You have agreed i1 writing h a contract, agreement, permit or authorization de­ scribed i1 Paragraph A. or B. that this irr­ surance would b3 primary to any other irr­ surance available to the additional irr­ sured. As used i1 this endorsement, wrap-up insur­ ance means any insurance provided by a con­ solidated (wrap-up) insurance program. Primary And Noncontributory Insurance When Required By Written Contract, Agreement, Permit Or Authorization Except when wrap-up insurance applies to the daim or "suit" a, behalf of the additional irr­ sured, this insurance is primary to and will not seek contribution from any other insurance available to the additional insured described i1 Paragraphs A. and B. provided that: 1. The additional insured is a Named Ir.­ sured under such other insurance; and 2.You have agreed h writing h a contract, agreement, permit or authorization de­ scribed i1 Paragraph A. or 8. that this irr­ surance would be primary and would not seek contribution from any other insur­ ance available to the additional insured. As used i1 this endorsement, wrap-up insur­ ance means any insurance provided by a con­ solidated (wrap-up) insurance program. H. Section IV -Commercial General Liability Conditions, 9. Transfer Of Rights Of Re­ covery Against Others To Us is amended by the addition of the following: We waive any right of recovery \Ne may have against any additional insured under this en­ dorsement against whom you have agreed to waive such right of recovery h a written con­ tract, written agreement, written penn t or writ­ ten authorization because of payments \Ne make for injury or damage arising out of your ongoing operations or "your work" done under a written contract, written agreement, written permit or written authorization. However, our rights may only be waived prior to the "occur­ rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. AJ. our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. GA472 0918 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 3 EPP0448712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFUll Y. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LIABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL UMB RELLA LIABILITY COVERAGE PART DENTI ST'S PACKAGE POLICY EL ECTRONIC DAT A LIABILITY COVERAGE PART EXCESS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRO DUCTS/COMPLETED OPERATIONS COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART PROFESSIONAL UMB RELLA LIABILITY COVERAGE PART PROFESSIONAL UMB RELLA LIABILITY COVERAGE PART -CLAIM S-MADE RAIL ROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY SCHEDULE Name and mailing address of person(s) or organization(s): 1.) FOR WHOM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE EARLIER OF THE FOLLOWING DATES: A. THE EFFECTIVE DATE OF THIS POLICY, OR B. THE EFFECTIVE DATE OF THE ORIG I NIAL POLICY OF WHICH THIS POLICY IS A RENEWAL OR REPLACEMENT, AND 2.) FOR WHOM YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1. ABOVE TO PRO VIDE CANC ELLATION NOTICE. Number of days notice (other than nonpayment of premium): 30 ---- A If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown in the Schedule. We will mail such notice at lea st the number of days shown in the Schedule before the effective date of cancellation or non renewal. B.lf we cancel this policy for nonpayment of premium, we will mail notice to the person or organization shown in the Schedule. We will mail such notice at least 10 days before the effective date of cancellation. C.If notice is mailed, proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D.In no event will coverage extend beyond the actual expiration, termination or cancellation of the policy. IA 4087 09 17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi­cated below. Endorsement Effective: Policy Number: 07-31-2022 EBA 044 87 12 Named Insured: NORTH TEXAS CONTRACTING INC Countersigned by: Authorized Hepresentatfve) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II -LIABILITY COVERAGE, A. Cover­age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury" or "property damage". AA 4171 11 05 THIS ENDORSEMENT CHANGES TH E PO LICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endors ement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who is an Insured Pro­ vision of the Coverage Form. This endorsement does not alter ooverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi­ cated below . Endorsement Effective Policy No. 07-31-2022 EBA 044 87 12 Named Insured NORTH TEXAS CONTRACTING INC Countersigned by (Authorized Representa tive) SCHEDULE Name of Person(s) or Organization(s): This endorsement is blanket for all persons or entities required by the Prime Agreement. Applies to all projects performed by North Texas Contracting, Inc. (If no entry appears above, information required to complete this endorsement will be shown in the Declara­ tions as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Co.rerage, but only to the extent that person or organization qualifies as an "insured" under the Who is an Insured Provision contained in Sec­ tion II of the Coverage Form. CA2048 02 99 Copyright, Insurance Services Office, Inc., 1998 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION -AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi­cated below. Endorsement Effective: I Policy Number: 07-31-2022 EBA 044 87 12 Named Insured: NORTH TEXAS CONTRACTING INC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1.Blanket Waiver of Subrogation SECTION IV -BUSINESS AUTO CONDI­ TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us isamended by the addition of the following: We waive any right of recovery we may haveagainst any person or organization because of M4172 09 09 payments we make for "bodily injury" or "prop­erty damage" arising out of the operation of a covered "auto" when you have assumed liabil­ity for such "bodily in jury" or "property damage" under an "insured contract", provided the "bod­ily injury" or "property damage" occurs subse­quent to the execution of the "insured con­tract". THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indi­cated below. Endorsement Effective: I Policy Number: 07-31-2022 EBA 044 87 12 Named Insured: NORTH TEXAS CONTRACTING INC Countersigned by: (Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1.Noncontributory Insurance SECTION IV • BUSINESS AUTO CONDI­ TIONS, B. General Conditions, 5. Other In­surance is replaced by the following:c.Regardless of the provisions of Para­graph a. above, this Coverage Form's Li­ability Coverage is primary and we willnot seek contribution from any other in­surance for any liability assumed underan "insured contract" that requires liabilityto be assumed on a primary noncon­tributory basis. AA4174 11 05 POLICY NUMBER: EPP0448712 THE CINCINNATI INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DECLARATIONS Previous Policy Number EPP0448712 Attached to and forming part of POLICY NUMBER EPP 044 87 12 Effective Date: 07-31-2022 NAMED INSURED is the same as it appears in the Common Policy Declarations unless another entry is made here. LIMITS OF INSURANCE $ 5 ,000,000 Each Occurrence Limit $ 5 ,000,000 Aggregate Limit ADVANCE PREMIUM $ Ape!_lcable to Premium, if box is checked: � Subject to Annual Adjustment D Subject to Audit (see Premium Computation Endorsement for Rating Basis) Insurer, Policy Number & Period: (a)TEXAS MUTUAL 0001120054 7-31-2022 TO 07-31-2023 (!)}CINCINNATI INS. CO.EPP 044 87 12 7-31-2022 TO 07-31-2023 (c)CINCINNATI INS. CO. EBA 044 87 12 7-31-2022 TO 07-31-2023 USC513 05 10 SCHEDULE OF UNDERL YflNGltfSURANCE.. Underlying Insurance: Employer's Liability IX! Commercial General Liability Including: 00 Products-Completed Opera- tions Coverage D Cemetery Professional D Druggist Professional D Funeral Service Provider D Pedorthists Professional or D Business Liability Including: D Funeral Service Provider D Druggist Professional Automobile Liability Including: Downed Autos D Non-Owned Autos D Hired Autos IZJAny Auto EPP 044 87 12 Underlying Limits: Bodily Injury by Accident: $ 1,000, 000 Each Accident Bodily Injury by Disease: $ 1,000,000 Each Employee Bodily Injury by Disease: $ 1,000,000 Policy Limit Bodily Injury and Property Damage Liability: $ 1 , 0 0 0 , 0 0 0 Each Occurrence Limit $ 2 , 0 0 0, 0 0 0 General Aggregate Limit $ 2,000,000 Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit: $ 1,000,000 Any One Person or Organization Bodily Injury Liability Limit: $ Each Person $ Each Occurrence Property Damage Liability Limit: $ Each Occurrence or Bodily Injury Liability and / or Property Damage Liability or Both Combined Limit: $ 1,000,000 Each Occurrence Page 1 of 2 POLICY NUMBER: EPP0448712 (d) Professional $ $ Aggregate (e)CINCINNATI INS. CO.Employee Benefit Liability $ $ 1,000,000 Each Employee Limit 3,000,000 Aggregate Limit EPP 044 87 12 07-31-2022 TO 07-31-2023 (f) Liquor Liability other $ $ Each Common Cause Limit Aggregate Limit FORMS AND/ OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART: USl0lOM 12/04 COMMERCIAL OMBRBLLA -TABLE OP CONTENTS US4135 09/17 NOTICE TO POLICYHOLDERS -COMMERCIAL UMBRELLA COVERAGE - 0S3010 US3043 0S3048 0S3093 US352 US390 US4062 US407 US4077TX US4096 US4098 PROFESSIONAL LIABILITY EXCLUSIONS EDITION 09 17 09/17 CONTRACTORS LIMITATIONS -INCLUDING EXCESS WRAP-OP COVERAGE 09/17 EXCLUSION -EXTERIOR INSULATION AND FINISH SYSTEMS (•BIPS•) AND DIRECT-APPLIED EXTERIOR FINISH SYSTEMS (•DEFS") -BROAD FORM WITH SPECIFIED EXCEPTIONS 12/04 FUNGI OR BACTERIA EXCLUSION 05/14 EXCLUSION -ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL 12/04 12/04 11/05 12/04 10/08 11/16 INFORMATION AND DATA-RELATED LIABILITY -WITH LIMITED BODILY INJURY EXCEPTION PERSONAL PROPERTY CARE, CUSTODY OR CONTROL EXCLUSION TOTAL POLLUTANT EXCLUSION -OTHER THAN AUTO MOBILE EQUIPMENT SUBJECT TO MOTOR VEHICLE INSURANCE LAWS -LIMITATION EMPLOYEE BENEFIT LIABILITY TEXAS CHANGES AUTOMATIC NON-CONTRIBUTORY COVERAGE ENDORSEMENT -WHERE REQUIRED BY WRITTEN CONTRACT 04/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENT BPP 044 87 12 USC513 05 10 Page 2 of 2 Policy Number: EPP0448712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMATIC NON-CONTRIBUTORY COVERAGE ENDORSEMENT -WHERE REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL UMBRELLA LIABILITY COVERAGE PART SCHEDULE LIMITS OF INSURANCE: $5,000,000 Each Occurrence Limit $ 5,000,000 Aggregate Limit COMME RCIAL UMBRELLA LIABILITY COVERAGE FORM, US 101 and US 101 UM, is amended as follows: A.SECTION Ill -LIMITS OF INSURANCE is amended to add the following: 7.For the purposes of this endorsement on­ ly, the Limits of Insurance stated in the Schedule of this endorsement and de­ scribed below will apply on a "non­ contributory basis" within the parameters set forth in SECTION Ill -LIMITS OF IN­SURANCE of the Coverage Part to which this endorsement is attached: We will not pay more on behalf of a "non­ contributory additional insured" than the lesser of: a.The Limits of Insurance staled in the Schedule of this endorsement; or b.The limits of insurance required in a written contract on a "non­ contributory basis" for such "non­ contributory additional insured", but only to the extent the required limits of insurance are in excess of the "underlying insurance"; or c.The Limits of Insurance available af­ ter the pa}fflent of "ultimate net loss" on any insured's behalf from any claim or "suit". This provision is induded within and does not act to increase the Limits of Insurance stated in the Declarations. 8.SECTION IV -CONDITIONS is amended asfollows: 1.Condition 9. Other Insurance is amended to add the follCMting: It is agreed that this condition does not apply to the "non-contributory additional insured's" own insurance program. This exception to the Other Insurance Condition shall only apply if the applicable "u nderlying insurance" applies on a "non­ contributory basis" for such "non­ contributory additional insured" and only to the extent of the specific limits of insur­ ance required in a written contract or agreement on a "non-contributory basis" that is in excess of the "u nderlying insur­ ance". 2.The following condition is added: 15.As a precedent to the receipt of in­ surance coverage hereunder, the "non-contributory additional insured" must give written notice of such daim or "suit", induding a demand for de­ fense and indemnity, to any other in­ surer who had coverage for the daim or "suit" under its policies. Such no­ tice must demand the full coverage available and the "non-contributory additional insured" shall not waive or limit such other available coverage. This condition does not apply to the "non-contributory additional insured's" own insurance program. C.SECTION IV -DEF I NITIONS is amended toadd the following: 30."Non-contributory additional insured" means any person or organization: a.Qualifying as an additional insured under SECTION II -WHO IS AN IN­SURED, Paragraph 3. of the Cover- us 409611 16 lndudes copyrighted material of ISO Properties, Inc., with its permission. Page 1 of2 age Part to which this endorsement is attad"led; and b.Being granted additional insured sta­ tus on a "non-<;ontributory basis" in the "u nder1ying insurance" as re­ qu ired in a written contract between an additional insured and a Named Insured provided: (1)The written contract or agree­ ment is executed before the "oc­ currence" resu lting in "bodily in­ jury", "personal and advertising injury'' or "property damage" for which CCNerage is being sought under this endorsement; and (2)The written contract or agree­ ment reql.ires a specific limit of insurance on a "non-contributory ba sis" that is in excess of "un­ der1ying insurance". 31."Non-contributory basis" means that the limits of insurance of the Coverage Part to which this endorsement is attached apply to insured loss on behalf of the "non­ contributory additional insured" prior to limits of insurance from other insurance in which the "non-contributory add itional in­ sured" is a named insured. us 409611 16 lndudes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of2 EPP0448712 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION OR NONRENEWAL BY US NOTIFICATION TO A DESIGNATED ENTITY This endorsement modifies insurance provided under the following: BUSINESSOWNERS PACKAGE POLICY CLAIMS-MADE EXCESS LI ABILITY COVERAGE PART COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERA L LIABILITY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY COVERAGE PART DENTIST'S PACKAGE POLICY ELECTRONIC DAT A LIABILITY COVERAGE PART EXCESS LI.ABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PA RT OWNERS AND CONTRACTORS PROTECTIVE LIAB ILITY COVERAGE PART POLL UTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPE RATIONS COVERAGE PART PRODUCT WITHDRAWA L COVERAGE PART PROFESSIONAL LIABIL ITY COVERAGE PART PROFESSIONAL UMBRELL A LIABILITY COVERAGE PART PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART -CLAIM S-MADE RAILROAD PROT ECTIVE LIAB ILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY SCHEDULE Name and mailing address of person(s) or organization(s): 1.) FOR IJ\i1-1OM YOU ARE REQUIRED IN A WRITTEN CONTRACT THAT WAS EXECUTED ON OR AFTER THE EARLIER OF THE FOLLOWING DATES: A. THE EFFECTIVE DATE OF THIS POLICY, OR B. THE EFFECTIVE DATE OF THE ORIG I NIAL POLICY OF v'.11-,ICH THIS POLICY IS A RENEWAL OR REPLACEMENT, AND 2.) FOR WHOM YOU ARE REQUIRED IN THAT SAME WRITTEN CONTRACT AS REFERRED TO IN 1. ABOVE TO PROVIDE CANCELLATION NOTICE. Number of days notice (other than nonpayment of premium): 30 --- A If we cancel or nonrenew this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice to the person or organization shown In the Schedule. We will mall such notice at least the number of days shown in the Schedule before the effective date of cancellation or non renewal. B.If we cancel this policy for nonpayment of premium. we will mall notice to the person or organization shownin the Schedule. We will mail such notice at least 10 days before the effective date of cancellation. c.If notice is mailed. proof of mailing to the mailing address shown in the Schedule will be sufficient proof of notice. D.In no event will coverage extend beyond the actual expiration. termination or cancell ation of the policy. IA4087 0917 1.exasMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILI TY POLICY WC 42 03 04 B Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Te xas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. 1.( ) Specific Waiver Name of person or organization (X)Blanket Waiver Schedule Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2.Operations:ALL TEXAS OPERATIONS 3.Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4.Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is Indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/31/22 at 12:01 a.m. standard time, forms a part of: Policy no. 0001120054 of Texas Mutual Insurance Company effective on 7/31/22 Issued to: NORTH TEXAS CONTRACTING INC NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12058, Austin, TX 78711-2058 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 (UR_� Authorized representative WC 42 03 04 B 1.exasMutual® WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND EMPLOYERS LIABILI TY POLICY TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT WC 42 06 01 Insured copy This endorsement applies only to the insurance provided by the policy because Te xas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1.Number of days advance notice:30 2.Notice will be mailed to:PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 7/31/22 at 12:01 a.m. standard time. forms a part of: Policy no. 0001120054 of Texas Mutual Insurance Company effective on 7/31/22 Issued to: NORTH TEXAS CONTRACTING INC NCCI Carrier Code: 29939 1 of 1 This is not a bill PO Box 12058, Austin, TX 78711-2058 texasmutual.com I (800) 859-5995 I Fax (800) 359-0650 Authorized representative we 42 06 01 � GREA1AM£RIC4N. INSUMIICf GMu, Administrative Offices 301 E. 4� Street Cincinnati, Ohio 45202 Tel: 1-513-369--5000 PCM 60 01 (Ed. 08 15) Policy Number: PCME235470 05 GREAT AMERICAN E & S INSURANCE COMPANY PROFESSIONAL AND CONTRACTING SERVICES ENVIRONMENTAL LIABILITY INSURANCE POLICY THIS POLICY CONTAINS SOME CLAIMS MADE AND REPORTED COVERAGES. READ IT CAREFULLY. SOME OF THE COVERAGES CONTAINED WITHIN THIS POLICY REQUIRE THAT A CLAIM BE MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD OR, IF APPLICABLE, THE EXTENDED REPORTING PERIOD. SOME OF THE PROVISIONS CONTAINED IN THIS POLICY RESTRICT COVERAGE, SPECIFY WHAT IS AND IS NOT COVERED AND DESIGNATE RIGHTS AND DUTIES. LEGAL EXPENSE IS SUBJECT TO AND WILL ERODE THE LIMIT OF LIABILITY AND ANY APPLICABLE SELF-INSURED RETENTION. In this Policy, "the Company" refers to the company providing this insurance. Some other words and phrases that appear in capital letters have special meaning. Refer to Section II -DEFINITIONS. In consideration of the payment of the Policy Premium and in reliance upon the statements contained in the Application and any other supplemental materials and information submitted in connection with the Application, and subject to all the terms, conditions, exclusions and limitations of this Policy, the Company agrees to provide insurance coverage to the INSURED as described herein: SECTION I. INSURING AGREEMENTS EACH OF THE FOLLOWING COVERAGES IS IN EFFECT ONLY IF LIMITS OF LIABILITY ARE INDICATED FOR SUCH COVERAGE IN THE DECLARATIONS. EACH COVERAGE THAT IS IN EFFECT IS SUBJECT TO SECTION VI. LIMIT OF LIABILITY AND SELF-INSURED RETENTION. A.,COVERAGE A -PROFESSIONAL LIABILITY The Company will pay on behalf of the INSURED for LOSS and related LEGAL EXPENSE because of an actual or alleged act, error or omission in PROFESSIONAL SERVICES, which the INSURED becomes legally obligated to pay as a result of a CLAIM first made against the INSURED during the POLICY PERIOD, but only if the INSURED reports the CLAIM to the Company, in writing, during the POLICY PERIOD or, if applicable, the EXTENDED REPORTING PERIOD. B..COVERAGE B -OCCURRENCE CONTRACTING SERVICES POLLUTION LIABILITY The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION at, or migrating from, a JOB SITE that arises from CONTRACTING SERVICES or COMPLETED OPERATIONS: 1.which the INSURED becomes legally obligated to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD; or 2.if, during the POLICY PERIOD: (a)the POLLUTION CONDITION first begins; (b)the INSURED first discovers the POLLUTION CONDITION; and (c)the INSURED first reports the POLLUTION CONDITION to the Company, in writing. (Page 1 of 21) PCM 60 01 (Ed. 08 15) C.COVERAGE C -POLLUTION LEGAL LIABILITY ARISING FROM AN OWNED LOCATION The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION migrating from a COVERED LOCATION: 1.which the INSURED becomes legally obligated to pay as a result of a CLAIM first made against the INSURED during the POLICY PERIOD; or 2.if, during the POLICY PERIOD, the INSURED first discovers the POLLUTION CONDITION, but only if: (i)the INSURED notifies the Company of the CLAIM or POLLUTION CONDITION, in writing, during the POLICY PERIOD or, if applicable, the EXTENDED REPORTING PERIOD; and (ii)the POLLUTION CONDITION originates at a COVERED LOCATION and subsequently migrates from that location; and (iii)the POLLUTION CONDITION first begins and ends within a period of seven (7) consecutive days. D.COVERAGE D -OCCURRENCE NON-OWNED DISPOSAL SITE The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION on, at, under, or migrating from a NON-OWNED DISPOSAL SITE, which the INSURED becomes legally obligated to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD. E.COVERAGE E -OCCURRENCE IN-BOUND AND OUT-BOUND CONTINGENT TRANSPORTATION COVERAGE The Company will pay on behalf of the INSURED for LOSS, CLEAN-UP COSTS, and related LEGAL EXPENSE because of a POLLUTION CONDITION arising from the INSURED's goods, products, or waste, during the course of transportation by a CARRIER to or from: 1.a JOB SITE; or 2.a COVERED LOCATION, including any loading or unloading of such goods, products, or waste, which the INSURED becomes legally obligated to pay as a result of a CLAIM because of BODILY INJURY, PROPERTY DAMAGE, or ENVIRONMENTAL DAMAGE that occurs during the POLICY PERIOD. F.COVERAGE F -MITIGATION COSTS COVERAGE The Company will pay the INSURED's MITIGATION COSTS because of an actual act, error or omission in PROFESSIONAL SERVICES, but only if: 1.the PROFESSIONAL SERVICES were rendered subsequent to the applicable Retroactive Date, but prior to the end of the POLICY PERIOD; 2.during the POLICY PERIOD and prior to incurring any MITIGATION COSTS, the INSURED provides the Company with: (a)written notice of such act, error or omission in PROFESSIONAL SERVICES; and (b)a proposed written plan for correcting such act, error or omission, along with documentation supporting the reasonableness and necessity of such proposed plan; (Page 2 of 21) PCM 60 01 (Ed. 08 15) 3.all MITIGATION COSTS are approved by the Company, in writing, prior to being incurred by the INSURED; and 4.the MITIGATION COSTS are not covered under any other Coverage afforded under this Policy. SECTION II. DEFINITIONS A.ADDITIONAL NAMED INSURED means any person, organization, or entity identified as an ADDITIONAL NAMED INSURED in an endorsement issued by the Company. B.AUTOMOBILE means a land motor vehicle, trailer, semi-trailer, mobile equipment, or off-road motor vehicle, including any machinery or apparatus attached thereto. C.BOOIL Y INJURY means: 1.physical injury, sickness, disease, or building-related illness sustained by any person, including death resulting therefrom and, solely with regard to this Item C.1., any accompanying medical or environmental monitoring; 2.court-ordered medical monitoring; or 3.mental anguish, emotional distress, or shock, caused by a POLLUTION CONDITION. D.CARRIER means a person or entity, other than an INSURED or any subsidiary or affiliate company of an INSURED, engaged by or on behalf of the INSURED to transport material by AUTOMOBILE, aircraft, watercraft, or rolling stock, but only if such person or entity is properly licensed to transport such material and in the business of transporting such material. E.CLAIM means a demand, notice, or assertion of a legal right alleging liability or responsibility on the part of the INSURED because of: (i) a POLLUTION CONDITION; or (ii) an actual or alleged act, error or omission in PROFESSIONAL SERVICES, including but not be limited to lawsuits, orders, petitions or governmental or regulatory actions filed against the INSURED. F.CLEAN-UP COSTS mean the reasonable and necessary expenses incurred to investigate, remove, dispose of, abate, contain, treat, or neutralize a POLLUTION CONDITION, including any associated monitoring and testing costs: 1.to the extent required by federal, state, local or provincial laws, including but not limited to statutes, rules, ordinances, guidance documents, regulations and all amendments thereto, including state voluntary cleanup or risk based corrective action guidance, governing the liability or responsibilities of the INSURED; or 2.in the absence of items in 1. above, to the extent recommended by an ENVIRONMENTAL PROFESSIONAL. CLEAN-UP COSTS include: (a)REPLACEMENT COSTS; (b)EMERGENCY RESPONSE COSTS; (c)any associated punitive, exemplary, or multiplied damages where insurable by law; and (d)civil fines, penalties and assessments, but only to the extent they: (i) arise solely from the investigation, removal, disposal of, abatement, containment, treatment or neutralization of a POLLUTION CONDITION; (ii) are imposed by a government entity acting under authority of applicable federal, state, local or provincial laws; and (iii) are insurable by law. (Page 3 of 21) PCM 60 01 (Ed. 08 15) G.COMPLETED OPERATIONS mean CONTRACTING SERVICES that are completed. COMPLETED OPERATIONS do not include any CONTRACTING SERVICES that have not been completed or have otherwise been abandoned. CONTRACTING SERVICES will be considered completed at the earliest of the following times: 1.when all CONTRACTING SERVICES to be performed under the contract have been completed; or 2.when all CONTRACTING SERVICES to be performed at the JOB SITE have been completed; or 3.when that portion of the CONTRACTING SERVICES has been put to its intended use by any person or entity other than another contractor or subcontractor working on the same project. CONTRACTING SERVICES that may require further maintenance, service, correction, repair or replacement, but are otherwise complete, shall be deemed completed. H. CONTRACTING SERVICES mean any contracting services stated in the Declarations, or scheduled as such onto this Policy by an endorsement issued by the Company, performed by or on behalf of the INSURED at a JOB SITE. I.COVERED LOCATION means any location stated in the Declarations or any location scheduled as such onto this Policy by an endorsement issued by the Company. COVERED LOCATION does not include a JOB SITE. J.EMERGENCY RESPONSE COSTS mean costs, charges or expenses incurred by the INSURED on an emergency basis, where delay on the part of the INSURED would cause injury to persons, damage to property, or increase significantly the cost of responding to a POLLUTION CONDITION. The INSURED shall notify the Company of all such expenses immediately after the emergency ends. K.ENVIRONMENTAL DAMAGE means physical injury to the atmosphere, structures, soil, surface water or groundwater arising from a POLLUTION CONDITION and resulting in CLEAN-UP COSTS. ENVIRONMENTAL DAMAGE does not include PROPERTY DAMAGE. L.ENVIRONMENTAL PROFESSIONAL means an individual designated by the Company who is duly certified or licensed in a recognized field of environmental science as required by a state board, a professional association, or both. The Company shall consult with the FIRST NAMED INSURED in conjunction with the selection of the ENVIRONMENTAL PROFESSIONAL. The Company may require that such professional meet certain minimum qualifications and maintain errors and omissions insurance. M.EXTENDED REPORTING PERIOD means the Automatic Extended Reporting Period or, if applicable, the Optional Extended Reporting Period described in Section V. of this Policy. N.FIRST NAMED INSURED means the person or entity stated in Item 1. of the Declarations. O.GREEN BUILDING MATERIALS mean any building products or construction materials that are recognized by The Leadership in Energy and Environmental Design (LEED®) or Energy Star as: (i) being environmentally preferable or sustainable; or (ii) providing enhanced energy efficiency. P.INSURED means: 1.the FIRST NAMED INSURED; 2.any ADDITIONAL NAMED INSURED; and 3.any present or former director, officer, partner, member, employee, leased or temporary worker of the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED, while acting within the scope of his/her duties as such;and 4.any organization or entity, in existence at any time prior to the POLICY PERIOD, in which the FIRST NAMED INSURED has: (i) an ownership interest of fifty percent (50%) or more; or (ii) control over the management thereof; and (Page 4 of 21) PCM 60 01 (Ed. 08 15) 5.any joint venture in which the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED is named as a co­ venturer, but solely to the extent such FIRST NAMED INSURED or ADDITIONAL NAMED INSURED is liable because of its performance CONTRACTING SERVICES provided under such joint venture; and 6.solely with regard to Coverage B under this Policy and only when required by written contract, INSURED also includes: A.the client for whom the INSURED performs CONTRACTING SERVICES provided that such contract was signed by the INSURED and such client prior to the date the POLLUTION CONDITION first commenced. However, the client is included as an INSURED under this Policy solely to the extent that the client is found liable based upon CONTRACTING SERVICES negligently performed by an INSURED other than the client. No coverage will be provided for such entity's own negligence or strict liability; and B.any entity unrelated to the FIRST NAMED INSURED or any ADDITIONAL NAMED INSURED, provided that such contract was signed by the INSURED and the client for whom the INSURED performs CONTRACTING SERVICES prior to the date the POLLUTION CONDITION first commenced. However, such entity is included as an INSURED under this Policy solely to the extent that it is found liable based upon CONTRACTING SERVICES negligently performed by an INSURED other than such entity. No coverage will be provided for such entity's own negligence or strict liability. Coverage for such client or entity under this Policy shall not exceed the lesser of the following amounts: (i)the Limit of Liability required under such written contract; or (ii)the applicable Coverage B Limit of Liability of this Policy. Notwithstanding Section IX. CONDITIONS, Item N. OTHER INSURANCE, and only when required by such written contract, the coverage afforded under this Policy for any person or entity who is an INSURED solely by reason of subparagraph 6. of the Definition of INSURED will apply as primary as to any other valid and collectible insurance available to such INSURED. Q.JOB SITE means a location at which CONTRACTING SERVICES are performed. JOB SITE also includes real property rented or leased by the INSURED during the course of performing CONTRACTING SERVICES, but only if such real property is utilized in direct support of such CONTRACTING SERVICES. However, JOB SITE does not include any: 1.COVERED LOCATION; or 2.other location that is managed, operated, owned, or leased by an INSURED or any subsidiary or affiliate of an INSURED, except for any such location that is managed, operated, owned, or leased solely by any person or organization that is an INSURED only by reason of subparagraph 6. of the definition of INSURED. R.LEGAL EXPENSE means attorneys' fees and other charges and expenses incurred in the investigation, adjustment, defense, or settlement of any CLAIM for LOSS or CLEAN-UP COSTS, or in connection with the payment of any CLEAN-UP COSTS. LEGAL EXPENSE includes the fees and expenses of consultants, expert witnesses, accountants, court reporters, and other vendors, for goods or services in connection with such investigation, adjustment, defense, or settlement, whether incurred by the INSURED, defense counsel, or the Company. LEGAL EXPENSE also includes costs of appeal bonds, and pre-judgment and post-judgment interest. LEGAL EXPENSE does not include salary charges of regular employees or officials of the Company, fees and expenses of supervisory counsel retained by the Company, or the time and expense incurred by the INSURED in assisting in the investigation or resolution of a CLAIM or in connection with CLEAN-UP COSTS, including but not limited to the costs of the INSURED's in-house counsel. (Page 5 of 21) S.LOSS means: 1.solely with regard to Coverage A, a monetary judgment, award, or settlement of: (a)compensatory damages; or PCM 60 01 (Ed. 08 15) (b)punitive, exemplary or multiplied damages, civil fines, penalties and assessments, where insurable by law; 2.with regard to any coverage(s) other than Coverage A, a monetary judgment, award, or settlement of: (a)compensatory damages; or (b)punitive, exemplary or multiplied damages, civil fines, penalties and assessments, where insurable by law, because of BODILY INJURY or PROPERTY DAMAGE. However, LOSS does not include any: (i)return, refund, or disgorgement of any INSURED's fee or other sum, whether or not the INSURED received it for PROFESSIONAL SERVICES, expenses, or otherwise; (ii)cost of complying with any injunctive or other equitable relief; or (iii)liquidated damages, whether such liquidated damages are pursuant to contract or otherwise. T.MEDIATION means the process by which a neutral third party evaluates a CLAIM and provides non-binding recommendations in an effort to facilitate a resolution of such CLAIM. U.MITIGATION COSTS mean the reasonable costs and expenses that are necessary to: 1.prevent further harm, injury or damage to persons or tangible property; or 2.reduce the INSURED's liability to any person or organization that is not an INSURED, but only if the INSURED expects to incur such liability as a direct result of an act, error or omission in the PROFESSIONAL SERVICES. However, MITIGATION COSTS do not include: (i) any of the INSURED's overhead, mark-up, profit or labor costs; (ii) any consequential damages or costs, including but not limited to delay damages, cost over-runs, lost profits, liquidated damages, or loss of use; or (iii) any work that is a betterment or exceeds the scope of the original project. V.MOLD MATTER means mold, mildew, or any type or form of fungus, including any mycotoxins, spores, or byproducts produced or released by fungi. W.NON-OWNED DISPOSAL SITE ("NODS") means a location used for the treatment, storage, or disposal of waste, but only if: 1.the waste is generated by CONTRACTING SERVICES or at a COVERED LOCATION; and 2.the NODS is not managed, operated, owned, or leased by the INSURED or any subsidiary or affiliate of the INSURED; and 3.the NODS is permitted and/or licensed by any federal, state, local or provincial authorities to accept such material as of the date of the treatment, storage, or disposal; and 4.the NODS is not listed on a proposed or final Federal National Priorities List ("NPL") and any State or Provincial equivalent NPL, Superfund, or Hazardous Waste list prior to the treatment, storage, or disposal. (Page 6 of 21) PCM 60 01 (Ed. 08 15) X.POLICY PERIOD means the period stated in Item 2. of the Declarations. However, if this Policy is cancelled by either the FIRST NAMED INSURED or the Company, the policy period ends at the effective date and time of the cancellation. Y.POLLUTANTS mean any solid, liquid, gaseous or thermal pollutant, irritant or contaminant, including but not limited to smoke, vapors, odors, soot, fumes, acids, alkalis, toxic chemicals, hazardous substances, petroleum hydrocarbons, waste, including medical, infectious, red bag, and pathological wastes, legionella, electromagnetic fields, MOLD MATTER and low-level radioactive waste and material. Z.POLLUTION CONDITION means: 1.the discharge, dispersal, release, seepage, migration, or escape of POLLUTANTS into or upon land or structures thereupon, the atmosphere, or any watercourse or body of water including groundwater; 2.the illicit abandonment of contained or uncontained POLLUTANTS at a JOB SITE or COVERED LOCATION, but only if such abandonment was committed by a person(s) or entity(ies) other than an INSURED and without the knowledge of any RESPONSIBLE PERSON; 3.the existence of MOLD MA TIER, on, at, or within a building or structure; 4.the discharge, dispersal, release, or escape of methamphetamines or other chemicals associated with methamphetamine laboratories within a building or structure; and 5.solely with regard to Coverage E, the illicit abandonment of any waste beyond the legal boundaries of a COVERED LOCATION by a CARRIER, but only if such abandonment was committed by a CARRIER that is not an INSURED and without the knowledge of any RESPONSIBLE PERSON. AA.PROFESSIONAL SERVICES mean: 1.solely with regard to Coverage A, any professional services stated in the Declarations, or scheduled as such onto this Policy by endorsement issued by the Company, performed by or on behalf of the INSURED; and 2.solely with regard to Coverage F, design, design assist, engineering, or value engineering performed by the INSURED. BB.PROPERTY DAMAGE means: 1.physical injury to, or destruction of, the real property or tangible personal property of any: (a) person or organization that is not an INSURED; or (b) any person or organization that is an INSURED only by reason of subparagraph 6. of the definition of INSURED, including the resulting loss of use of such property; or 2.loss of use of such property that has not been physically injured or destroyed; 3.diminution in the value of such property; or 4.natural resource damage which means the physical injury to, or destruction of, as well as the assessment of such injury or destruction, including the resulting loss of value of land, fish, wildlife, biota, air, water, groundwater, drinking water supplies, and other such resources belonging to, managed by, held in trust by, appertaining to, or otherwise controlled by the United States (including the resources of the fishery conservation zone established by the Magnuson-Stevens Fishery Conservation and Management Act(16 U.S.C. 1801 et. seq.)), any State, Local or Provincial government, any foreign government, any Native American tribe, or, if such resources are subject to a trust restriction or alienation, any member of a Native American tribe. caused by a POLLUTION CONDITION. However, PROPERTY DAMAGE does not include CLEAN-UP COSTS or ENVIRONMENTAL DAMAGE. (Page 7 of 21) PCM 60 01 (Ed. 08 15) CC.REPLACEMENT COSTS mean reasonable and necessary costs incurred by the INSURED, with the Company's written consent, to repair, restore or replace damaged real property or tangible personal property in order to restore the property to the condition it was in prior to it being damaged, but only if the damage to such real property or tangible personal property occurred in the course of incurring CLEAN-UP COSTS. REPLACEMENT COSTS includes the use of GREEN BUILDING MATERIALS. REPLACEMENT COSTS shall not exceed the actual cash value of such real property or tangible personal property prior to incurring the CLEAN-UP COSTS, plus the increased costs, if any, for GREEN BUILDING MATERIALS. For the purposes of this definition, actual cash value means replacement cost reduced by physical depreciation and obsolescence. DD.RESPONSIBLE PERSON means: 1.any officer, director, or partner of the INSURED; 2.the manager, foreman, or supervisor of the INSURED responsible for environmental or health and safety affairs, control or compliance; or 3.any manager of a COVERED LOCATION. EE.UNDERGROUND STORAGE TANK means any container or vessel, including the associated piping connected thereto, which is ten percent (10%) or more beneath the surface of the ground. UNDERGROUND STORAGE TANK does not include any oil/water separators, storm-water collection systems, or any tank contained in a subterranean room of a COVERED LOCATION. SECTION Ill. TERRITORY This Policy applies only to a CLAIM first made or brought in, or a POLLUTION CONDITION located within, the United States, its territories or possessions, Puerto Rico or Canada, but only if the INSURED's responsibility to pay for LOSS is determined in: A.a proceeding on the merits conducted in the United States, its territories or possessions, Puerto Rico or Canada; or 8.a settlement agreed to by the Company. SECTION IV. EXCLUSIONS This Insurance does not apply to any LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE or other coverage afforded under this Policy that is: 1.Asbestos based upon or arising out of the existence of, required removal of, or abatement of, asbestos in any form, including, but not limited to, products containing asbestos, asbestos fibers, asbestos dust, and asbestos containing materials. This exclusion does not apply to: (a)Coverages A and F; (b)Coverage B; or (c)asbestos in any form, (i)with respect to Coverages C and D, in soil or in any watercourse or body of water including groundwater; or (ii)with respect to Coverage E, where the exposure occurs during the course of transportation as a result of a POLLUTION CONDITION that first commenced during the POLICY PERIOD. (Page 8 of 21) PCM 60 01 (Ed. 08 15) 2.Communicable Diseases based upon or arising out of any exposure to infected humans or animals, or contact with bodily fluids of infected humans or animals. 3.Contracb.Jal Liability based upon or arising from the INSURED's assumption, under any contract or agreement, of the liability of another. This exclusion does not apply to: (a)liability the INSURED would have had in the absence of the contract or agreement; or (b)solely with regard to Coverage 8, to liability for LOSS or CLEAN-UP COSTS assumed in a written contract that was signed by the INSURED and the INSURED's client prior to the date the POLLUTION CONDITION first commenced, but only if such liability arises directly from a POLLUTION CONDITION arising from CONTRACTING SERVICES or COMPLETED OPERATIONS and does not arise from the sole negligence of the client. 4.Criminal Fines, Penalties and Assessments based upon or arising out of any criminal fine, criminal penalty, or criminal assessment. 5.Discrimination based upon or arising out of discrimination by any INSURED on the basis of age, creed, disability, marital status, national origin, race, sex, sexual orientation, or any other unlawful or illegal basis. This exclusion does not apply to a CLAIM under Coverage A alleging that the INSURED's provision of, or failure to provide, PROFESSIONAL SERVICES resulted in the failure to make a reasonable accommodation under the Americans With Disabilities Act, or amendments thereto. 6.Employer's Liability/Workers' Compensation based upon or arising out of: (a)BODILY INJURY to any INSURED, or any employee of its parent, subsidiary or affiliate: (i)arising out of and incurred in the course of employment by such INSURED or its parent or subsidiary or affiliate; or (ii)who is performing duties related to the conduct of the INSURED's business; or (b)BODILY INJURY or pecuniary loss to the spouse, child, parent, brother or sister of such INSURED or employee of its parent, subsidiary or affiliate, as a consequence of Item (a) above. This exclusion applies whether an INSURED may be liable as an employer or in any other capacity, and to any obligation to share damages with or repay another who must pay damages as a result of the BODILY INJURY or pecuniary loss. However, this exclusion does not apply to liability for LOSS assumed by the INSURED in a written contract that was signed by the INSURED and the INSURED's client prior to the date the POLLUTION CONDITION first commenced, provided that the LOSS is only due to a POLLUTION CONDITION arising from CONTRACTING SERVICES and does not arise from the sole negligence of the client. 7.Faulty Workmanship/Own Work based upon or arising out of the costs to repair or replace faulty workmanship, construction, fabrication, installation, assembly or remediation, if such faulty workmanship, construction, fabrication, installation, assembly or remediation was performed, in whole or in part, by an INSURED or an entity for whom an INSURED is legally responsible. This exclusion does not apply to: (a)LOSS under Coverage A which arises from an actual or alleged act, error or omission in PROFESSIONAL SERVICES; or (b)CLEAN-UP COSTS under Coverage B. 8.Hostile Acts based upon or arising out of any consequence, whether direct or indirect, of declared or undeclared war, invasion, act of foreign enemy, hostilities, civil war, rebellion, revolution, insurrection, or military or usurped power, or in defending against any one or more of those. (Page 9 of 21) PCM 60 01 (Ed. 08 15) 9.Insured vs. Insured based upon or arising out of any CLAIM by one INSURED against any other INSURED. This exclusion does not apply to a CLAIM: (a)made by a person or organization that is an INSURED only by reason of subparagraph 6. of the Definition of INSURED; or (b)that arises out of an indemnification given by one INSURED to another INSURED as specified in a contract that was submitted to and approved by the Company and added to this Policy by endorsement. 10.lnsured's Property based upon or arising out of damage to: (a)real or personal property owned by, leased by, operated by, or loaned to an INSURED; or (b)personal property in the care, custody, or control of an INSURED, even if such damage is incurred to avoid or mitigate LOSS or CLEAN-UP COSTS which may be covered under this Policy. This exclusion does not apply to: (i)REPLACEMENT COSTS; (ii)damage to property owned, leased or operated by, or in the care, custody or control of, a person or organization that is an INSURED only by reason of subparagraph 6. of the Definition of INSURED; or (Ill) damage to real property rented or leased by the INSURED during the course of performing CONTRACTING SERVICES, but only if such real property is utilized in direct support of such CONTRACTING SERVICES. 11.Intentional Acts based upon or arising out of: (a)a POLLUTION CONDITION that results from any RESPONSIBLE PERSON's intentional disregard of, or deliberate, willful, or dishonest non-compliance with, any statute, regulation, ordinance, administrative complaint, notice letter, or instruction issued by or on behalf of any governmental agency or representative; or (b)any dishonest, criminal, fraudulent, intentional misrepresentation, knowingly wrongful conduct, or negligent misrepresentation, on the part of, or at the direction of, any INSURED, in the performance of, or failure to perform, PROFESSIONAL SERVICES. 12.Known Conditionsbased upon or arising out of any POLLUTION CONDITION, or out of any actual or alleged act, error or omission in PROFESSIONAL SERVICES, that was known by, or reported to, any RESPONSIBLE PERSON and not specifically reported, in writing, to the Company prior to: (a)the beginning of the POLICY PERIOD; or (b)the effective date of any endorsement issued by the Company adding to this Policy any: (i)COVERED LOCATION not scheduled onto this Policy as of the first day of the POLICY PERIOD; or (ii)CONTRACTING SERVICES not covered by this Policy as of the first day of the POLICY PERIOD; or (iii)PROFESSIONAL SERVICES not covered by this Policy as of the first day of the POLICY PERIOD. (Page 10 of 21) PCM 60 01 (Ed. 08 15) Any such POLLUTION CONDITION, or actual or alleged act, error or omission in PROFESSIONAL SERVICES, specifically reported, in writing, to the Company, which is not otherwise excluded under this Policy by endorsement, is deemed to be first discovered on the date the COVERED LOCATION, CONTRACTING SERVICES or PROFESSIONAL SERVICES, as applicable, were added to this Policy. 13.Lead-Based Paint based upon or arising out of lead-based paint in, on, or applied to, any building or other structure. This exclusion does not apply to: (a)Coverages A, B, D, E or F; or (b)with respect to Coverage C, lead-based paint in soil or in any watercourse or body of water including groundwater. 14.Material Change in Use based upon or arising out of a change in the use of, or operations at, a COVERED LOCATION from the use or operations as of the date the COVERED LOCATION became insured by this Policy, if that change materially increases the likelihood or severity of a POLLUTION CONDITION or CLAIM. 15.Nat urally Occurring Material(s) based upon or arising out of the existence, required removal, or abatement, of any naturally occurring material(s). This exclusion does not apply: (a)where such substances are present at, or migrate from, a JOB SITE due to CONTRACTING SERVICES; (b)where such substances are present at a COVERED LOCATION only because of human activities or processes; (c)to silt and sediment that migrate from a JOB SITE because of CONTRACTING SERVICES; (d)to MOLD MATTER; or (e)to LOSS and related LEGAL EXPENSE because of radon. 16.New Pollution Conditions at Divested Property based upon or arising out of a POLLUTION CONDITION on, at, under or migrating from a COVERED LOCATION, if the discharge, dispersal, release, seepage, migration or escape of those POLLUTANTS associated with such POLLUTION CONDITION first commenced after such COVERED LOCATION is sold, given away, or abandoned by the INSURED, or condemned. 17.Other Businesses based upon or arising out of any INSURED's status, duties, or involvement as an officer, director, partner, member, participant, stockholder, employer or employee of any business or organization that is not stated in the Declarations or otherwise designated as or added to this Policy as an INSURED. 18.Prior Claims based upon or arising out of any CLAIM reported under any insurance policy that was both: (i) in effect before the beginning of the POLICY PERIOD; and (ii) issued by an entity other than the Company. 19.Products Liability based upon or arising out of goods or products: (a)designed, manufactured, sold, handled, distributed, altered or repaired by the INSURED or by others trading under the INSURED's name, including any container thereof, any failure to warn, or any reliance upon a representation or warranty made at any time with respect thereto; or (b)fabricated or installed by the INSURED, unless a POLLUTION CONDITION arises from the fabrication or installation of such goods or products as part of CONTRACTING SERVICES. (Page 11 of 21) PCM 60 01 (Ed. 08 15) This exclusion does not apply to such goods or products while they remain within the legal boundaries of a COVERED LOCATION. 20.Property Held for Others based upon or arising out of damage to personal property that is warehoused or stored for a fee, by any person, organization or entity that is not an INSURED, in or about any building or structure at a COVERED LOCATION. This exclusion does not apply to REPLACEMENT COSTS. 21.Retroactive Date based upon or arising out of: (a)any POLLUTION CONDITION that first commenced prior to the Retroactive Date set forth in the Declarations or as otherwise applicable, including any further dispersal, migration or movement of that POLLUTION CONDITION on or after that date; or (b)an actual or alleged act, error or omission in PROFESSIONAL SERVICES that first commenced prior to the Retroactive Date set forth in the Declarations or as otherwise applicable, including any continuous or related actual or alleged act(s), error(s) or omission(s) on or after that date. 22.Related Entities and/or Individuals based upon or arising out of a CLAIM made by any person or entity: (a)that wholly or partially owns an INSURED; (b)in which an INSURED owns an interest in excess of twenty percent (20%); (c)that is managed, operated or otherwise controlled by an INSURED; or (d)in which an INSURED is a principal, officer or director. 23.Surety, Insurance or Bonding based upon or arising out of obtaining, requiring, acquiring, or maintaining any form of surety, insurance or bond, or any failure to do any of those. 24.Underground Storage Tank(s) based upon or arising out of the existence of any UNDERGROUND STORAGE TANK at a COVERED LOCATION. This exclusion does not apply to an UNDERGROUND STORAGE TANK: (a)that is either closed, abandoned in place, or removed, in accordance with all applicable federal, state, or provincial regulations, prior to the inception date of this Policy; or (b)that is endorsed to this Policy in the Underground Storage Tank Schedule, if any; or (c)the existence of which is unknown by each and every RESPONSIBLE PERSON as of the inception date of this Policy. 25.Vehicles based upon or arising out of the ownership, maintenance, use, operation, loading or unloading of any AUTOMOBILE, aircraft, watercraft, rolling stock or any other form of transportation, including any cargo carried thereby, beyond the legal boundaries of a JOB SITE or a COVERED LOCATION. This exclusion does not apply to Coverage E. 26.Wage and Wage Related Payments based upon or arising out of the actual or alleged failure to pay, afford, or cause to be paid or afforded, to any person or entity, in whole or in part, any wages, earnings, compensation, merit pay, overtime pay, commissions, benefits or other remuneration, including but not limited to any such wages or benefits actually or allegedly due under any contract or pursuant to the Fair Labor Standards Act, the Davis-Bacon and Related Acts, Service Contract Act, Contract Work Hours and Safety Standards Act, Family Medical Leave Act, or any jurisdiction's prevailing wage act, labor laws or similar statutes. (Page 12 of 21) PCM 60 01 (Ed. 08 15) 27.Warranties based upon or arising out of any express warranty or guarantee. This exclusion does not apply to a warranty or guarantee by the INSURED that its CONTRACTING SERVICES or PROFESSIONAL SERVICES conform to generally accepted standards. SECTION V. EXTENDED REPORTING PERIOD The provisions of Section V. apply to any and all coverage provided by this Policy, or by any endorsement issued by the Company, that applies on a Claims Made and Reported basis. This Section V. does not apply to Coverage F. A.Automatic Extended Reporting Period In the event of the termination of this insurance before the expiration date shown in Item 2. of the Declarations, the INSURED shall be entitled to a ninety (90) day Automatic Extended Reporting Period for no additional premium. The Automatic Extended Reporting Period will only apply to: 1.a CLAIM first made against the INSURED during the POLICY PERIOD and reported to the Company, in writing, during the ninety (90) days immediately following the effective date of such termination will be deemed to have been made on the last day of the POLICY PERIOD, provided such CLAIM is otherwise covered by this Policy; and 2.a CLAIM first made against the INSURED and reported to the Company, in writing, during the ninety (90) days immediately following the effective date of such termination will be deemed to have been made on the last day of the POLICY PERIOD, provided such CLAIM arises from: (a)a POLLUTION CONDITION that is first discovered and reported to the Company, in writing, prior to such termination, and otherwise covered by this Policy; or (b)an actual or alleged act, error or omission in PROFESSIONAL SERVICES performed prior to the end of the POLICY PERIOD, and that is otherwise covered by this Policy. The Automatic Extended Reporting Period does not apply where: (1) the Policy is terminated for fraud or non­ payment of premium; or (2) the INSURED has purchased other insurance to replace the insurance provided under this Policy. For the purposes of Section V.A. -Automatic Extended Reporting Period, under this Policy: 1.either cancellation or non-renewal shall be deemed to be a termination of this insurance; and 2.in the event of non-renewal, the expiration date shown in the Declarations shall be deemed the effective date of the termination. B.Optional Extended Reporting Period The FIRST NAMED INSURED shall be entitled to purchase an Optional Extended Reporting Period upon cancellation or non-renewal of the Policy, subject to the following terms and conditions: The FIRST NAMED INSURED shall be entitled to purchase an Optional Extended Reporting Period upon payment of an additional premium of not more than 200% of the full Policy Premium. The Optional Extended Reporting Period shall be effective for three (3) consecutive three-hundred and sixty-five (365) day periods commencing immediately following the effective date of cancellation or non-renewal. The FIRST NAMED INSURED must elect to purchase this Optional Extended Reporting Period, in writing, not later than thirty (30) days after expiration in the case of non-renewal or prior to cancellation in the case of cancellation. The Automatic Extended Reporting Period of ninety (90) days will be merged into this Optional Extended Reporting and is not in addition to it. The Optional Extended Reporting Period will only apply to each CLAIM first made against the INSURED during the Optional Extended Reporting Period, but only by reason of: (Page 13 of 21) PCM 60 01 (Ed. 08 15) 1.a POLLUTION CONDITION that is first discovered and reported to the Company, in writing, during the POLICY PERIOD and otherwise covered by this Policy; or 2.an actual or alleged act, error or omission in PROFESSIONAL SERVICES performed prior to the end of the POLICY PERIOD, and that is otherwise covered by this Policy. The Optional Extended Reporting Period does not apply where: (1) the Policy is terminated for fraud or non-payment of premium; or (2) the INSURED has purchased other insurance to replace the insurance provided under this Policy. For the purposes of Section V.B. -Optional Extended Reporting Period under this Policy: 1.either cancellation or non-renewal shall be deemed to be a termination of this insurance; and 2.in the event of non-renewal, the expiration date shown in the Declarations shall be deemed the effective date of the termination. It is a condition precedent to the operation of the rights granted under Section V.B. that payment of the appropriate premium shall be made not later than thirty (30) days after expiration in the case of non-renewal or prior to cancellation in the case of cancellation. For purposes of Section V., the Company's quotation of different Limits of Liability, Self-Insured Retentions, terms or conditions shall not be construed as either a termination of, or a decision not to renew, this Policy. SECTION VI. LIMIT OF LIABILITY AND SELF-INSURED RETENTION A.The Limits of Liability and Self-Insured Retention shown in the Declarations and the rules below fix the most the Company will pay regardless of the number of INSUREDs, COVERED LOCATIONs, CONTRACTING SERVICES, PROFESSIONAL SERVICES, POLLUTION CONDITIONs, CLAIMs made, or persons or organizations making a CLAIM. B.For purposes of this Policy: (1) the same or related POLLUTION CONDITIONs at any one JOB SITE, or at any one COVERED LOCATION, shall be deemed a single POLLUTION CONDITION; and (2) all of a group or series of related or connected actual or alleged acts, errors and omissions in PROFESSIONAL SERVICES shall be deemed a single actual or alleged act, error or omission in PROFESSIONAL SERVICES. C.This Policy will pay covered LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy or any endorsements attached hereto only: (1) in excess of the applicable Self­ Insured Retention Amount set forth in the Declarations; and (2) subject to the applicable Limit of Liability stated in the Declarations and the other terms and conditions of this Policy. However, if a CLAIM is made against the INSURED by an entity with whom the INSURED has, prior to such CLAIM, entered into a written contract that requires a Self-Insured Retention that is less than the Self-Insured Retention Amount specified in the Declarations of this Policy, then the Self-Insured Retention applicable to such CLAIM shall be such lesser amount (hereinafter referred to as "the lesser Self-Insured Retention"). Under all such circumstances, the INSURED hereby agrees to promptly reimburse the Company for the difference between the lesser Self-Insured Retention amount specified on the evidence of insurance document and the Self-Insured Retention Amount specified in the Declarations to the extent the Company pays an amount on behalf of the INSURED in excess of the lesser Self­ Insured Retention. D.The Self-Insured Retention Amount is to be borne by the INSURED and is not to be insured unless the Company has expressed its prior consent, in writing, to the FIRST NAMED INSURED. If the same or related POLLUTION CONDITIONs or any one actual or alleged act, error or omission, or out of any one group or series of related or connected actual or alleged acts, errors and omissions, in PROFESSIONAL SERVICES, could result in coverage under more than one coverage section for which a limit is stated in the Declarations, or under any other coverage afforded under this Policy, only the single highest Self-Insured Retention amongst such applicable coverages shall apply to that POLLUTION CONDITION or actual or alleged act, error or omission in PROFESSIONAL SERVICES, as applicable. (Page 14of 21) PCM 60 01 {Ed. 08 15) If, as a result of MEDIATION, a CLAIM made under Coverage A is successfully resolved, the Self-Insured Retention Amount applicable to such CLAIM will be reduced by 50%, subject to a maximum reduction of $201000. This reduced Self-Insured Retention Amount will only apply to the resolved CLAIM. E.Subject to Items H. and I. below, the Each POLLUTION CONDITION Limit set forth in the Declarations is the most the Company will pay for the sum of all LOSS, CLEAN-UP COSTS, and LEGAL EXPENSE under each coverage section stated in the Declarations, or under any other coverages afforded under this Policy, arising out of the same or related POLLUTION CONDITIONs. F.Subject to Items H. and I. below, the Each Act, Error or Omission Limit set forth in the Declarations is the most the Company will pay for the sum of all LOSS and LEGAL EXPENSE under Coverages A arising out of any one actual or alleged act, error or omission, or out of any one group or series of related or connected actual or alleged acts, errors and omissions, in PROFESSIONAL SERVICES. G.Subject to Items H. and I. below, the Each Act, Error or Omission Limit stated in the Declarations is the most the Company will pay for all MITIGATION COSTS under Coverage F arising out of any one actual act, error or omission, or out of any one group or series of related or connected actual acts, errors and omissions, in PROFESSIONAL SERVICES. Further, in the event there is a CLAIM made against the INSURED under Coverage A: (a)that arises out of the same or related PROFESSIONAL SERVICES for which the INSURED has previously undertaken corrective measures in accordance with Coverage F; and (b)for which coverage is thereafter afforded under Coverage A of this Policy, then the INSURED's Self-Insured Retention obligation for such CLAIM shall be reduced to the extent of costs paid by the INSURED pursuant to its Self-Insured Retention obligation for Coverage F. H.Subject to Item I. below, the Coverage Section Aggregate Limit set forth in the Declarations is the most the Company will pay for the sum of all LOSS, CLEAN-UP COSTS, MITIGATION COSTS and LEGAL EXPENSE under each coverage section stated in the Declarations, or under any other coverages afforded under this Policy. I.The Company's total liability for the sum of all LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE and any other coverage afforded under this Policy, shall not exceed the Policy Aggregate Limit of Liability as stated in the Declarations. J.With regard to Coverages afforded under this Policy: 1.on a claims-made and reported basis, any LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy or any endorsements attached hereto, incurred and reported to the Company, in writing, over more than one policy period, and resulting from the same or related POLLUTION CONDITIONS, shall be considered a single POLLUTION CONDITION. The associated LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverage afforded under this Policy or any endorsements attached thereto will be subject to the same Limit of Liability and Self-Insured Retention Amount(s) as indicated in the Policy in effect at the time the POLLUTION CONDITION was first reported to the Company, in writing. 2.on an occurrence basis, progressive, indivisible BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE that occurs over more than one policy period and results from the same or related POLLUTIONCONDITIONS, shall be considered to have occurred only in the policy period in which the first exposure to the POLLUTION CONDITION takes place. If the date of that first exposure: (i) is prior to the beginning of the Policy Period of the first policy issued to the INSURED by the Company that contains coverage that is the same or substantially similar to that contained in Coverages afforded under this Policy on an occurrence basis; or (ii) cannot be determined, then such progressive, indivisible BODILY INJURY, PROPERTY DAMAGE or ENVIRONMENTAL DAMAGE shall be considered to have occurred only on the first day of the Policy Period of the first policy issued to that INSURED by the Company that contains coverage that is the same or substantially similar to that contained in Coverages afforded under this Policy on an occurrence basis. (Page 15 of21) PCM 60 01 (Ed. 08 15) K.Any LOSS, CLEAN-UP COSTS, MITIGATION COSTS, LEGAL EXPENSE or any other coverages afforded under this Policy, incurred and reported to the Company, in writing, over more than one POLICY PERIOD, and resulting from the same or related POLLUTION CONDITION, or out of any one group or series of related or connected actual or alleged acts, errors and omissions in PROFESSIONAL SERVICES, shall be considered a single POLLUTION CONDITION or a single actual or alleged act, error or omission in PROFESSIONAL SERVICES, respectively. The LOSS, CLEAN-UP COSTS, LEGAL EXPENSE or any other coverage afforded under this Policy will be subject to the same Limit of Liability and Self-Insured Retention Amount(s) in effect at the time the POLLUTION CONDITION, or actual or alleged act, error or omission in PROFESSIONAL SERVICES, as applicable, was first reported to the Company, in writing. L.The Limits of Liability set forth in Item 3. of the Declarations are inclusive of LEGAL EXPENSE. An additional Limit for LEGAL EXPENSE will apply to all Coverages. However, this additional Limit is: 1.subject to the Self-Insured Retention set forth in Item 3. of the Declarations; 2.exclusively for LEGAL EXPENSE; and 3. limited to the lesser of: (a) 25% of the applicable Limits of Liability set forth in Item 3. of the Declarations; or (b)$2,000,000. In the event a CLAIM is made against the INSURED for LOSS or CLEAN-UP COSTS, or a POLLUTION CONDITION is first discovered that results in LOSS or CLEAN-UP COSTS, the additional Limit for LEGAL EXPENSE will be applied first. After the additional Limit for LEGAL EXPENSE has been fully eroded, any other covered LEGAL EXPENSE will erode the applicable Limits of Liability shown in Item 3. of the Declarations. Furthermore, the Policy Aggregate Limit of Liability set forth in Item 4. of the Declarations shall be increased by the lesser of 25% or $2,000.000. However, this increase to the Policy Aggregate Limit of Liability will only be available for the payment of LEGAL EXPENSE. SECTION VII. REPORTING, DEFENSE, SETTLEMENT AND COOPERATION A.As a condition precedent to the coverage hereunder, in the event a CLAIM is made against an INSURED for LOSS or CLEAN-UP COSTS, or a POLLUTION CONDITION is first discovered that results in a LOSS or CLEAN-UP COSTS, written or oral notice containing particulars sufficient to identify the INSURED and all reasonably obtainable information with respect to the time, place and circumstances thereof, and the names and addresses of the injured and of available witnesses, shall be given by or for the INSURED to the Company or any of its authorized agents as soon as practicable. In the event of oral notice, the INSURED agrees to furnish a written report as soon as practicable. The INSURED shall also forward to the Company every demand, notice, summons, order or other process received by the INSURED or the INSURED's representative as soon as practicable. B.No costs, charges or expenses shall be incurred, nor payments made, obligations assumed or remediation commenced, without the Company's consent which shall not be unreasonably withheld. This provision does not apply to: 1.EMERGENCY RESPONSE COSTS. The INSURED shall notify the Company of all EMERGENCY RESPONSE COSTS immediately after the emergency ends; and 2.Public Relations Expenses -The reasonable and necessary costs and fees incurred by the FIRST NAMED INSURED (up to a maximum of $250 .. 000 and subject to applicable Coverage B Self-Insured Retention Amount (for each POLLUTION CONDITION) for the hiring of a public relations firm to minimize potential harm to the FIRST NAMED INSURED and to maintain and restore public confidence in the FIRST NAMED INSURED, including amounts for printing, advertising, and mailing of materials, and travel expenses by the FIRST NAMED INSURED's directors, officers, employees or agents or by employees of the public relations firm, but only if: (a)such costs and fees arise directly from a POLLUTION CONDITION: (i)that arises from covered CONTRACTING SERVICES; (ii)that first commences at a JOB SITE during the POLICY PERIOD; and (Page 16 of 21) PCM 60 01 (Ed. 08 15) (iii)for which coverage for LOSS or CLEAN-UP COSTS is sought under this Policy; and (b} in the good-faith, reasonable opinion of the FIRST NAMED INSURED such POLLUTION CONDITION: (i)poses an imminent, significant, and material health risk to the public or will result in imminent, significant, and material property damage to the JOB SITE; and (ii)will result in significant and material adverse publicity to the FIRST NAMED INSURED. Subject to: (a) the Company's pre-approval; (b) the Self-Insured Retention and maximum amount indicated above; and (c) the Company's agreement that both conditions 2(a) and (b} above have been fully satisfied, the Company may also consider paying other related reasonable and necessary expenses that are: (i) incurred by any person or entity that is not an INSURED, except for contractor or subcontractor engaged by the FIRST NAMED INSURED or otherwise performing covered CONTRACTING SERVICES; and (ii) not otherwise covered as EMERGENCY RESPONSE COSTS, including: psychological counseling, temporary living expenses, travel costs, and expenses to secure areas impacted by the POLLUTION CONDITION. Notwithstanding Section VI. LIMIT OF LIABILITY AND SELF-INSURED RETENTION, Item G., the costs and fees indicated in Item 2. above, as well as the other related expenses indicated in this paragraph, will not erode the applicable Limits of Liability. It is a condition precedent to coverage for all costs and fees outlined in Item 2. above that the FIRST NAMED INSURED notify the Company of the POLLUTION CONDITION associated with such costs and fees no later than forty-eight (48) hours after the FIRST NAMED INSURED first becomes aware of such POLLUTION CONDITION. The payment of costs and fees outlined above by the Company will not be determinative of the Company's obligations under this Policy, nor will it create any inference with regard to the Company's duty to defend or duty to indemnify any INSURED with regard to any CLAIM or POLLUTION CONDITION. Under no circumstances will the Company pay for the hiring of a public relations firm to minimize the potential harm to, or to restore public confidence in, any contractor or subcontractor engaged by the FIRST NAMED INSURED or otherwise performing covered CONTRACTING SERVICES. C.The Company shall have the right to designate legal counsel for the investigation, adjustment and defense of any CLAIM. The Company shall consult with the INSURED in conjunction with the selection of counsel. The Company has the right and duty to defend an INSURED against any CLAIM for LOSS or for CLEAN-UP COSTS. However, the Company will have no duty to defend the INSURED for LOSS or for CLEAN-UP COSTS to which this Policy does not apply. D.Once the applicable Limit of Liability has been exhausted, the Company shall not be obligated to defend or continue to defend any CLAIM or pay for any LOSS, CLEAN-UP COSTS or any other coverage afforded under this Policy. E.The Company may, where allowable by law, appoint one counsel to defend all of the INSUREDs under this Policy on a joint defense basis. F.In the event that the INSURED is entitled by law to select independent counsel (Cumis Counsel) to defend the INSURED at the Company's expense, that counsel's fees and all other litigation expenses charged to or paid by the Company shall be limited to the same rates that the Company would pay to counsel selected by the Company to defend a similar CLAIM in the location where the CLAIM arose or is being defended. The Company may require thatsuch counsel meet certain minimum qualifications and maintain adequate errors and omissions insurance. The INSURED agrees that such counsel will timely respond to the Company's request for information. G.The INSURED shall not admit liability or settle any CLAIM without the Company's consent. If the Company recommends a monetary settlement of a CLAIM acceptable to a claimant: 1.for an amount within the Self-Insured Retention Amount and the INSURED refuses such settlement, the Company shall not be liable for any LOSS, CLEAN-UP COSTS, LEGAL EXPENSE, or any other coverage afforded under this Policy or any endorsements attached hereto, in excess of the Self-Insured Retention Amount; or (Page 17 of 21) PCM 60 01 (Ed. 08 15) 2.for a total amount in excess of the Self-Insured Retention Amount and within the applicable Limits of Liability and the INSURED refuses such settlement, the Company's liability for LOSS, CLEAN-UP COSTS, LEGAL EXPENSE, or any other coverage afforded under this Policy, shall be limited to that portion of the sum of: (a) the recommended settlement; and (b) the costs, charges and expenses already incurred as of the date of the INSURED's refusal, which exceeds the Self-Insured Retention Amount and is within the Limit of Liability. H.All lNSUREDs shall cooperate with the Company and, upon the Company's request, shall submit to examination by a representative of the Company, under oath, and shall attend hearings, depositions, and trials and shall assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits, as well as in the investigation and defense, all without charge to the Company. All lNSUREDs shall further cooperate with the Company and do whatever is necessary to secure and enforce any rights of indemnity, contribution or apportionment which the INSURED may have. I.If, during the POLICY PERIOD, the INSURED first becomes aware of an actual or alleged act, error or omission in PROFESSIONAL SERVICES that first commenced on or after the Retroactive Date set forth in the Declarations, which the INSURED reasonably believes may result in a CLAIM (herein referred to as a "Circumstance"), then the INSURED may provide written notice to the Company, during the POLICY PERIOD, containing all of the information stated below. Any such Circumstance that subsequently becomes a CLAIM made against the INSURED and reported to the Company, in writing, shall be considered to have been first made and reported during the POLICY PERIOD and shall be subject to all of the terms and conditions of this Policy. It is a condition precedent to the coverage under this provision that such written notice to the Company of a Circumstance contain all of the following information: 1.details of the actual or alleged act, error or omission in PROFESSIONAL SERVICES, including the specific PROFESSIONAL SERVICES involved; and 2.the injury or damage that has taken place or may result; and 3.the date the actual or alleged act, error or omission in PROFESSIONAL SERVICES took place; and 4.the identity of the INSURED(s) who may be the subject of any subsequent CLAIM; and 5.the likely location of any subsequent CLAIM; and 6.the names and addresses of all known potential witnesses and claimants; and 7.details of how the INSURED became aware of the Circumstance. The Company shall determine, in its sole discretion, whether an INSURED's written notice adequately supplies the information described in items 1. through 7. and satisfies the condition precedent. This provision I. applies only to Coverage A. SECTION VIII. TRANSFER OF LEGAL DEFENSE DUTIES A.If the Company believes that any of the applicable Limits of Liability stated in the Declarations has been or soon will be exhausted in defending a CLAIM, or that the Company has paid out or will soon pay out the Policy Aggregate Limit of Liability stated in the Declarations, the Company will so notify the FIRST NAMED INSURED, in writing, as soon as possible. The Company will advise that its duty to defend any CLAIM seeking damages subject to those limits has terminated, subject to payment of the limits, and that it will no longer handle the defense of any CLAIM for which notice is given after the date it sends out such notice. The Company will take prompt and appropriate steps to transfer control of any existing defense prior to exhaustion of the limits to the FIRST NAMED INSURED. The FIRST NAMED INSURED agrees to reimburse the Company for any costs which the Company bears in connection with the transfer of the defense. B.The Company will take appropriate steps necessary to defend the CLAIM during the transfer of the defense and avoid any unfavorable legal action provided that the INSURED cooperates in the transfer of the duties of the defense. (Page 18 of21) PCM 60 01 (Ed. 08 15) C.The Company's failure to comply with any of the provisions of Section VIII. shall in no way obligate the Company to defend or continue to defend any CLAIM, or to pay any LOSS, CLEAN-UP COSTS or other sum covered under this Policy, after exhaustion of an applicable Limit of Liability. SECTION IX. CONDITIONS A.ACTION AGAINST COMPANY -No action brought by an organization or entity, other than an INSURED, shall lie against the Company unless, as a condition precedent thereto, the INSURED has fully complied with all of the terms of this Policy and, the amount of the INSURED's obligation to pay shall have been finally determined either by judgment against the INSURED after actual trial or by written agreement of the INSURED, the claimant and the Company. Any person, organization, entity, or the legal representative thereof, who has secured such judgment or written agreement shall thereafter be entitled to recover under this Policy to the extent of the insurance afforded by this Policy. No person or organization shall have any right under this Policy to join the Company as a party to any action against the INSURED to determine the INSURED's liability, nor shall the Company be impleaded by the INSURED or its legal representative. B.ASSIGNMENT -This Policy shall be void as to the assignee or transferee, if assigned or transferred without written consent of the Company. C.BANKRUPTCY -Bankruptcy or insolvency of the INSURED or of the INSURED's estate shall not relieve the Company of any of its obligations hereunder. D.CANCELLATION -This Policy may be cancelled by the FIRST NAMED INSURED by surrender thereof to the Company or any of its authorized agents or by mailing, delivering, emailing, or faxing to the Company written notice stating when thereafter the cancellation shall be effective. In the event of cancellation by the FIRST NAMED INSURED, the return premium shall be computed in accordance with the customary short rate table and procedure after applying the minimum earned premium percentage stated in the Declarations. If a CLAIM is made, a POLLUTION CONDITION is discovered or coverage is otherwise afforded under this Policy, then the premium shall be considered fully earned by the Company and the INSURED is not entitled to a return premium upon cancellation. This Policy may be cancelled by the Company by mailing, delivering, emailing, or faxing to the FIRST NAMED INSURED at the address shown in the Declarations, written notice stating when not less than ninety (90) days (ten (10)days for non-payment of premium) thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender or the effective date and hour of cancellation stated in the notice shall become the end of the POLICY PERIOD. If the Company cancels, earned premium shall be computed pro rata. Premium adjustment may be made either at the time cancellation is affected or as soon as practicable after cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. This Policy may be cancelled by the Company for the following reasons: (1) Non-payment of premium, or (2) Fraud or material misrepresentation on the part of the INSURED, such as can be proven in a court of law. E.CHANGES -Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this Policy or estop the Company from asserting any right under the terms of this Policy. The terms of this Policy cannot be waived or changed, except by an endorsement issued by the Company to form a part of this Policy. F.CHOICE OF LAW -All matters arising hereunder, including questions related to the validity, interpretation, performance and enforcement of this Policy, shall be determined in accordance with the law and practice of the State of New York (not including New York's choice of law rules). G.CONSENT -Where the consent of the Company or the INSURED is required under this Policy, such consent shall not be unreasonably withheld, delayed, conditioned, or denied. (Page 19 of 21) PCM 60 01 (Ed. 08 15) H.DECLARATIONS AND REPRESENTATIONS -By acceptance of this Policy, the INSURED agrees that the statements contained in the Declarations, the application and any other supplemental materials and information submitted in connection with the application or any amendments to the Policy during the POLICY PERIOD are the INSURED's declarations and representations, that they shall be deemed material, that this Policy is issued in reliance upon the truth of such declarations and representations and that this Policy embodies all agreements existing between the INSURED and the Company or any of its agents relating to this insurance. I.HEADINGS -The descriptions in the headings of this Policy are solely for convenience and form no part of the Policy terms and conditions. J.INSPECTION AND AUDIT -The Company shall be permitted, but not obligated, to inspect and monitor on a continuing basis the INSURED's property or operations and any JOB SITE and COVERED LOCATION, at any time. Neither the Company's right to make inspections and monitor, nor the actual undertaking thereof, nor any report thereon, shall constitute an undertaking, on behalf of the INSURED or others, to determine or warrant that property or operations are safe, healthful or conform to acceptable engineering practice or are in compliance with any law, rule or regulation. Access for the inspection and audit will be coordinated through the broker or agent of the FIRST NAMED INSURED. K.JURISDICTION AND VENUE -It is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company and the INSURED will submit to the jurisdiction of the State of New York and will comply with all the requirements necessary to give such court jurisdiction. Nothing in this clause constitutes or should be understood to constitute a waiver of the Company's right to remove an action to a United States District Court. L.MINIMUM EARNED PREMIUM -Upon cancellation of this Policy, earned premium will be calculated using the appropriate pro-rata or short-rate method as outlined in Section IX. CONDITIONS, Item D. CANCELLATION. The amount of premium earned under this Policy will be the greater of: 1.the calculated pro-rata or short rate premium; or 2.the Minimum Earned Premium percentage set forth in Item 10. of the Declarations. M. MITIGATION PLAN -It is a condition precedent to any coverage being afforded under Coverage A of this Policy for any CLAIM because of an act, error or omission in PROFFESIONAL SERVICES for which the Company has previously afforded coverage to an INSURED under Coverage F, that the INSURED fully implement the written plan for correcting the purported act, error or omission as approved by the Company. N.OTHER INSURANCE -Subject to Section VI. Limit of Liability and Self-Insured Retention, this insurance shall apply only in excess of the sum of the Self-Insured Retention amount stated in the Declarations and the applicable limits of any other valid and collectible insurance available to the INSURED, whether such other insurance is stated to be primary, pro rata, contributory, excess, contingent or otherwise, unless such other insurance is written only as specific excess insurance over the applicable Limits of Liability of this Policy. 0.SEVERABILITY -Except with respect to the Limits of Liability, Self-Insured Retention, Exclusion 9. ("Insured vs. Insured") and any rights and duties assigned in this Policy to the FIRST NAMED INSURED, this insurance applies as if each INSURED were the only INSURED and separately to each INSURED against whom a CLAIM is made. Any misrepresentation, act or omission that is in violation of a term, duty or condition under this Policy by one INSURED shall not by itself affect coverage for another INSURED under this Policy. This Condition 0. shall not apply to an INSURED who is a parent, subsidiary or affiliate of the INSURED which committed the misrepresentation, act or omission referenced above. P.SOLE AGENT -The FIRST NAMED INSURED stated in the Declarations shall act on behalf of all INSUREDs for the payment or return of premium, receipt and acceptance of any endorsement issued to form a part of this Policy, giving and receiving notice of cancellation or non-renewal, and the exercise of the rights provided under Section V., EXTENDED REPORTING PERIOD. (Page 20 of 21) PCM 60 01 (Ed. 08 15) Q.SUBROGATION -If the INSURED has rights to recover, from another person or organization, all or any part of a payment the Company makes under this Policy, those rights are transferred to the Company. The INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing to prejudice such rights. Any monies recovered as a result of subrogation proceedings shall accrue first to the INSURED to the extent of any payments it made in excess of the limits of liability, then to the Company to the extent of its payment under the Policy, and then to the INSURED to the extent of its payment of the self-insured retention. Expenses incurred in such subrogation proceedings shall be apportioned amongst the INSURED and Company in the proportion that each interested party's share in the recovery bears to the total recovery. However, the Company specifically waives any rights of recovery against any person or organization as required in a written contract that was fully executed prior to the commencement of the applicable CONTRACTING SERVICES or PROFESSIONAL SERVICES. (Page 21 of 21) a 1111 Excess coverage premium summary Policy Number EX-2S40203722NF Coverage information and limits COVERAGE Aggregate Limits of Liability Excess (Following Form) Liability Coverage COVERAGES Excess Policy Aggregate Any one occurrence or offense subject to the policy aggregate LIMIT' $5,000,000 TRIA(1.0%) Taxes and Surcharges TOTAL PREMIUM Underlying schedule POLICY NUMBER COVERAGE COMPANY LIMITS $5,000,000 $5,000,000 PREMIUM EPP0448712 Umbrella Liability CINCINNATI Aggregate LIMIT 5,000,000 5,000,000 Proposed on 07/21/2022 for BOX INSURANCE AGENCY North Texas Contracting, Inc - Policy Term 07/31/2022 -07/31/2023 Each occurrence Refer to policy for actual terms and conditions Page 14 SECTION 00 6213 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 Bond No. SU1189092 006125-1 PROJECT RECORD DOCUMENTS Page Iof3 KNOW ALL BY THESE PRESENTS: 8 That we. North Texas Contracting. inc. . known as 9 "Principal" herein and Arch Insurance Com:'an• , a corporate 10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as I "Surety'. herein (whether one or more), are held and firmly bound unto the Developer. 314 South 12 Main. LLC, authorized to do business in Texas ("Developer") and the City of Fort Worth. a 13 Texas municipal corporation ("City"), in the penal sum of., Twenty Nine Thousand. Four 14 Hundred Fift• Five and No/100 Dollars ($ 29.455.00 ). 15 lawful money of the United States. to be paid in Fort Worth, Tarrant County, Texas for the 16 payment of which sum well and truly to be made jointly unto the Developer and the City as dual 17 obligees, we bind ourselves, our heirs, executors. administrators. successors and assigns, jointly 18 and severally, firmly by these presents. 19 WHEREAS, Developer and City have entered into an Agreement for the construction of 20 community facilities in the City of Fort Worth by and through a Community Facilities Agreement, 21 CFA Number ;and 22 WHEREAS, the Principal has entered into a certain written contract with the Developer awarded 23 the 26th day of SeAember , 2022 , which Contract is hereby referred to and made a 24 part hereof for all purposes as if fully set forth herein, to furnish all materials. equipment labor 25 and other accessories defined by law. in the prosecution of the Work, including any Change 26 Orders. as provided for in said Contract designated as 314 S. Main Street — Building Shell 27 Renovations. 28 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall 29 faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 30 perform the Work, including Change Orders. under the Contract, according to the plans. 31 specifications, and contract documents therein referred to, and as well during any period of 32 extension of the Contract that may be granted on the part of the Developer and/or City, then this 33 obligation shall be and become null and void. otherwise to remain in full force and effect. ClrY OF FORT WORTH STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Revised January 31.2012 314 S Main Street — Building Shell Renovations 'insert Project ?Cumber] OU 61 25 - 2 PROJECT` RI C ORI) DC)C UMENTS Page 2of3 1 PROVIDED FURTHER, that if any legal action be tiled on this Bond, venue shall lie in 2 Tarrant County. Texas or the United States District Court for the Northern District of Texas. Fort 3 Worth Division. 4 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 5 Texas Government Code. as amended, and all liabilities on this bond shall be determined in 6 accordance with the provisions of said statue. 7 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 8 this instrument by duly authorized agents and officers on this the 26th day of September 9 ,2022. 0 1 2 3 4 5 6 ATTEST: 7 8 9 (Principal) Se 20 21 22 ?3 24 25 Witness as to Principal 26 27 28 29 30 31 32 33 34 35 PRINCIPAL: North Texas Contracting, Inc_ BY: Zach Fusilier. Vice President Name and Title Address: 4999 Keller Haslet Rd. Keller, TX 76?4R SURETY: Arch Insurance Company Spa-G-c 21'+ rrza.Z.—e l Signature Robbi Morales. Attorney -in -fact Name and Title 36 Address: 5005 LB.1 Freeway. Suite 1500 37 Dallas TX 75244 38 39 r% 40 t'itness as to Surety �~ Telephone Number: 21 4/9R9-0000 41 42 43 44 *Note: If signed by an officer of the Surety Company. there must be on file a certified extract 45 from the by-laws showing that this person has authority to sign such obligation. if 46 Surety's physical address is different from its mailing address, both must be provided. CITY (W FORT woumt STANDARD CITY CONDITIONS — DEVELOPER AWARDED PROJECTS Rtn, iced Januar+ 31. 2012 314 S Main Strut— Building Shull Rennsations [Insert Project .1 smborJ 00 61 25 - 3 PROJLCT KL.CORD DOCUMENTS Page 3 of 3 1 The date of the bond shall not be prior to the date the Contract is awarded. ctr'Y OF FORT WORTI1 STANDARD crrY CONDITIONS — DEVELOPER AWARDED PRUJ ECTS Revised January 31. 2012 314 S Main Street — Building Shell Renovations [lnxerl Project \uniherl Bond No. SU 1189092 0061 25 - 1 PROJECT RECORD DOCUMENTS Page 1 of 1 SECTION 00 62 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT 7 That we, North Texas Contracting. Inc. , known as 8 "Principal" herein. and Arch Insurance Comnanv , a 9 corporate surety ( or sureties if more than one). duly authorized to do business in the State of Texas. 10 known as "Surety herein (whether one or more), are held and finely bound unto the Developer, 1 1 314 South Main, LLC, authorized to do business in Texas "(Developer'), and the City of Fort 12 Worth, a Texas municipal corporation ("City"). in the penal sum Twenty Nine Thousand. 13 of Four Hundred Fifty Five and No/100 Dollars ($ 29,455,00 ), 14 lawful money of the United States, to be paid in Fort Worth. Tarrant County, Texas, for the payment 15 of which sum well and truly be made jointly unto the Developer and the City as dual obligees, we 16 bind ourselves, our heirs, executors. administrators, successors and assigns, jointly and severally, 17 firmly by these presents: 18 WHEREAS, Developer and City have entered into an Agreement for the construction of 19 community facilities in the City of Fort Worth, by and through a Community Facilities Agreement, 20 CFA Number ;and 21 WHEREAS, Principal has entered into a certain written Contract with Developer. awarded 22 the 26th day of September . 20 22 , which Contract is hereby referred to 23 and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, 24 equipment. labor and other accessories as defined by law, in the prosecution of the Work as 25 provided for in said Contract and designated as 314 S. Main Street — Building Shell Renovations. 26 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 27 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 28 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 29 the Contract. then this obligation shall be and become null and void; otherwise to remain in full 30 force and effect. CITY OF FORT WORTH STANDARD C►IY CONDITIONS - DEVELOPER AWARDED PROJrcrs Re, tsed Januar) 31. 2012 314 S. Main Street Building Shell Renovations (insert Project Nun her/ Outi125-2 PROJECT RECORD DOCUMENTS Page 2of_2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended. and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statute. 4 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 26th day of 6 September 20 22 . 7 ATTEST: (Principal) S Witness as to Principal ATTEST: (Surety) Secretary W' ness as to Surety PRINCIPAL: North Texas Contractinu. Inc BY: Signature Zach Fusilier. Vice President Name and Title Address: 4999 Keller Haslet Rd. Keller. TX 76248 SURETY: Arch Insurance Com' any BY: C_ 4.-1-l� d% Signature Robbi Morales. Attorne.--in-fac. Name and Title Address: 5005 LBJ Freeway. Suite 1500 Dallas. TX 75244 Telephone Number: 214/989-0000 8 9 Note: If signed by an officer ofthe Surety. there must be on file a certified extract from the bylaws 10 showing that this person has authority to sign such obligation. If Surety's physical address is 11 different from its mailing address_ both must be provided. 12 13 The date of the bond shall not he prior to the date the Contract is awarded. 14 END OF SECTION CITY OF 1ORT\' ORTJI STANDARD Cl rY CONDITIONS — DEVELOPER AWARDED PROJEC I'S Revioed Jnnuura 3 I. 2(112 314 S Main Street — Building Shell Reno%ations f!n.er: Project Number] Bond No. S U 1189092. 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 8 Ut)6125-I PROJECT RECORD DOCUMENTS Page I of 3 SECTION 00 62 19 MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we North Texas Coniracting.. lnc. _ . known as 9 -Principal" herein and Arch insurance Comnanv , 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, 314 South 12 Main. LLC. authorized to do business in Texas ("Developer") and the City of Fort Worth. a 13 Texas municipal corporation ("City'). in the sum Twenty Nine Thousand, 14 of Four Hundred Fifty Five and No/100 Dollars (S 29.455.00 ), 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County. Texas, for payment 16 of which sum well and truly be made jointly unto the Developer and the City as dual obligees and 17 their successors, we bind ourselves. our heirs. executors. administrators. successors and assigns. 18 jointly and severally. finely by these presents. 19 20 WHEREAS, Developer and City have entered into an Agreement for the construction of 2 1 community facilities in the City of Fort Worth by and through a Community Facilities Agreement. 22 CFA Number :and 23 WHEREAS, the Principal has entered into a certain written contract with the Developer 24 awarded the 26th day of September 20 22 , which Contract is 25 hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 26 materials, equipment labor and other accessories as defined by law. in the prosecution of the 27 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 28 the "Work") as provided for in said Contract and designated as 314 S. Main Street — Building 29 Shell Renovations. 30 31 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 32 accordance with the plans. specifications and Contract Documents that the Work is and will 33 remain free from defects in materials or workmanship for and during the period of two (2) years 34 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 314 S Main Street — Building Shell Renovations /In.ser, % ruyee1.\ untherl OOG1 25-2 PROJECT RECORD DOCUMENTS Page 2 of 3 1 WHEREAS. Principal binds itself to repair or reconstruct the Work in whole or in part 3 upon receiving notice from the Developer and/or City of the need thereof at any time within the 4 Maintenance Period. 5 6 NOW THEREFORE. the condition of this obligation is such that if Principal shall 7 remedy any defective Work, for which timely notice was provided by Developer or City. to a 8 completion satisfactory to the City. then this obligation shall become null and void: otherwise to 9 remain in full force and effect. 10 1 1 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 12 noticed defective Work, it is agreed that the Developer or City may cause any and all such 13 defective Work to be repaired and/or reconstructed with all associated costs thereof being borne 14 by the Principal and the Surety under this Maintenance Bond: and 15 16 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 17 Tarrant County. Texas or the United States District Court for the Northern District of Texas. Fort 18 Worth Division: and 19 20 PROVIDED FURTHER, that this obligation shall be continuous in nature and 21 successive recoveries may be had hereon for successive breaches. 22 23 24 an' (IF PORT WORD! STANDARD (TN CONDITIf)NS- D1ivrEOPrR AWARDED PROJECTS Res ised January 31.2012 314 5 Main Street —Building Shell Renovations Misers Project .\'umher/ U1161 25-3 PROJECT RECORD DOCUMENTS Page 3 of 3 1 IN WITNESS WHEREOF. the Principal and the Surety have each SIGNED and SEALED this 1 instrument by duly authorized agents and officers on this the 26th 3 .2022 4 5 6 7 8 9 0 I ATTEST: 2 3 4 5 6 7 8 9 20 21 22 23 24 25 26 27 28 29 ATTEST: 30 31 32 33 34 35 36 37 38 39 40 41 (Principal) Sec Witness as to Principal (Surer') Secretary ilhess as to Surety day of Sentember PRINCIPAL: North Texas ContractingJnt, BY: Signature Zach Fusilier. Vice President Name and Title Address: _4999 Keller Haslet Rd. Keller. TX 76248 SURETY: Arch Insurance Company BY: _ :'1 Signature Robbi Morales. Attornev-in-fact Name and Title Address: 1500 LBJ Freeway. Suite 1500 Dallas, TX 75244 Telephone Number: 214/989-0000 *Note: If signed by an officer of the Surety Company. there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address. both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WOR C11 STANDARD (IVY Y CONDITIONS — DEVELOPER AWARDED PRt)JEC1S Revised January 31- 2012 314 S. Main Street - 13uilding Shell Renovations /Insert Project .\wither] AIC 0000378988 This Power of Attorney limits the arts of those named herein, and they have no authority to hind the Company except in the manner and to the extent herein stated. \ot valid fnr.\ble, Loan, Letter of Credit, C'urrencr Rate, Interest Raw or Residential talue Guarantees. POWER OF ATTORN EY Know All Persons By These Presents: That the Arch insurance Company. a corporation organized and existing under the lags of the State of Missouri. having its principal administrative office in Jersey City, NOV Jersey I hereinafter referred to as the "Company') does hereby appoint: Don E. Cornell. Joshua Saunders. Kell A. Westbrook, .Tikaela Peppers. Ricardo J, Reyna, Robbi Morales, Suphinie Hunter. Tina McEwan and Tonle Petranek of Dallas. TX (EACH) its true and lawful Auorney(s)in-Fact, to make. execute. seal. and deliver from the date of issuance of this power for and on its behalfaa surety. and as its act and deed: Any and all bonds. undertakings. recugnizmces and other surely obligations. in the penal sum not exceeding Ninety Million Dollars IS90.O00.000.00), 'this authority does not permit the sane obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds. undertakings. recognizance:, and other surety obligations in pursuance of these presents shall he as binding upon the said Company as fully and amply to all intents and purposes. as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City. New Jersey. 'lids Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on December 10. 2020. true and accurate copies of which are hereinafter set firth and are hereby certified to by the undersigned Secretary as being in thll force and effect: "VOTED. That the Chairman of the Board, the President. or the Executive Vice President. or any Senior Vice President. of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall hare the power and authority to appoint agents and attorneys -in -tact. and to authorize them subject to the limitations set forth in their respective powers of attorney. to execute an behalf of the Company. and attach the seal of the Company thereto. bonds, undenakings. recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the board of Directors of the Company on December 10. 2020: VOTED, That the signature of the Chairman of the Board, the President. or the Executive Vice President. or any Senior Vice President. of the Surety Business Division. or their appointees designated in writing and filed with the Secretary. and the signature of the Secretary. the seal of the Company. and certifications by the Secretary. may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on December 10.2020. and any such power so executed, scaled and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company, In Testimony Whereof. the Company has caused this instrument to he signed and its corporate seal to be affixed by their authorized officers. this 11 i6 day of August. 2022. Attested and Certified Regan .. Shulman. Secretory STATE OF PENNSYLVANI A SS COUNTY OF PHILADELPHIA SS Arch Insurance Company Stephen C. Ruschak, Executive Vice President 1. Michele Tripodi, a Notary Public, do hereby certify that Regan A. Shulman and Stephen C. Rusehak personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri. subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being (hereunto duly authorized signed. sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. C'LRTiF1CA J ION 1. Regan A. Shulman. Secretary of the Arch insurance Company. do hereby certify that the attached Power of Attorney dated August 11. 2022 on behalf of the personls) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereofand is in full force and effect on the date of this certificate: and I do fitrther certify that the said Stephen C. Ruschak. who executed the Power of Attorney as Executive Vice President, was on the date of execution ofthe attached Power ofAttorney the duly elected Executive Vice President ofthe Arch Insurance Company. IN "rEs'i'IMONY WHEREOF, I have hereunto subscribed my name and affixed the corpurate seal of the Arch Insurance Company on this26thday of September , 2022 . Cammanwattho(renvelrod.-ibwyS MORE 7l1tP MNotary Put& Piglidelphia County J1dCt7ttmiC_ Nees 2025 Carrels ke MAW ft* Mich a 'podi, Notar f uuhlic My commission expires 073122025 Rerfi A. Shulman. Secretary This Power of Attorney limits the acts of those named therein to the bands and undenakings specifically named therein and they have no authority to hind the Company except in the manner and to the extent herein stated. One. PLEASE SEND ALI. CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance —Surety Division 3 Parkway, Suite 1500 Philadelphia. PA 19102 To verify the authenticity of this Power of Attorney, please contact Arch insurance Company at SuretyAuthentic'rchinsurance.com Please refer to the above named Attorney -in -Fact and the details of the bond to which the power is attached. AICPOA040120 Printed in U.S.A. IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE To obtain information or make a complaint: You may call Arch Insurance Group's toll -free telephone number for information or to make a complaint at: 1-866-413-5550 You may also write to Arch Insurance Group at: Arch Insurance Group Harborside 3 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the Arch Insurance Group first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede flamer al numero de telefono gratis de Arch Insurance Group para informacion o para someter una queja al: 1-866-413-5550 Usted tambien puede escribir a Arch Insurance Group: Arch insurance Group Harborside 3 210 Hudson Street, Suite 300 Jersey City, NJ 07311-1107 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Arch Insurance Group primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 00 ML0042 44 04 16 Page 1 of 1 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: ____None____________________________________________________ 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: ____None_________________________________ Enter limits provided by Railroad Company (If none, write none) b. Each Occurrence: : _____None________________________________ 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. Not Required for this Contract. It is City policy to ensure the full and equitable participation by Minority and Women Business Enterprises (MWBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MWBE goal, Contractor is required to comply with the intent of the City’s MWBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MWBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MWBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MWBE. Material misrepresentation of any nature will be grounds for termination of the Contract. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. B. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor’s own acts and omissions. Nothing in the Contract Documents: 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. D. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. E. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of these Contract 00 73 10- 18 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 18 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents, Contractor shall provide City contract numbers and reference numbers to the Subcontractors and/or Suppliers. 5.08 Wage Rates Required for this Contract. Not Required for this Contract. A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City’s determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and 00 73 10- 19 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 19 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 5.09 Patent Fees and Royalties A. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 5.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor’s compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor’s responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor’s obligations under Paragraph 3.01. 5.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or 00 73 10- 20 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 20 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.18, Contractor shall indemnify and hold harmless City, from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City or Developer, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and shall be entitled to recover its cost in doing so. The City may withhold Final Acceptance until clean-up is complete and cost are recovered. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 5.12 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved 00 73 10- 21 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 21 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 5.13 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City’s safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor’s safety program, if any, with which City’s employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 5.13.A.2 or 5.13.A.3 caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor’s duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 5.14 Safety Representative Contractor shall inform City in writing of Contractor’s designated safety representative at the Site. 00 73 10- 22 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 22 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 5.15 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 5.16 Submittals A. Contractor shall submit required Submittals to City for review and acceptance. Each submittal will be identified as required by City. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 5.16.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 5.16.C. B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City’s review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City’s Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City’s review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 00 73 10- 23 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 23 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 2. City’s review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City’s review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City’s review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 5.17 Contractor’s General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor’s warranty and guarantee. B. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or 2. normal wear and tear under normal usage. C. Contractor’s obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City or Developer of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 00 73 10- 24 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 24 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 4.02.B. The City will give notice of observed defects with reasonable promptness. 5.18 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED, IN WHOLE OR IN PART, BY ANY ACT, OMISSION OR NEGLIGENCE OF THE CITY. 5.19 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor’s responsibilities for construction means, methods, techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional’s written approval when submitted to City. 00 73 10- 25 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 25 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 5.19, City’s review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City’s review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 5.16.C. 5.20 Right to Audit: A. The City reserves the right to audit all projects utilizing City funds B. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. C. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. D. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 5.21 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. 00 73 10- 26 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 26 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 6 – OTHER WORK AT THE SITE 6.01 Related Work at Site A. City may perform other work related to the Project at the Site with City’s employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work with City’s employees or other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor’s Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor’s Work. Contractor’s failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor’s Work except for latent defects in the work provided by others. ARTICLE 7 – CITY’S RESPONSIBILITIES 7.01 Inspections, Tests, and Approvals City’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 11.03. 7.02 Limitations on City’s Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 5.13. 00 73 10- 27 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 27 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 7.03 Compliance with Safety Program While at the Site, City’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which City has been informed pursuant to Paragraph 5.13. ARTICLE 8 – CITY’S OBSERVATION STATUS DURING CONSTRUCTION 8.01 City’s Project Representative City will provide one or more Project Representative(s) during the construction period. The duties and responsibilities and the limitations of authority of City’s representative during construction are set forth in the Contract Documents. A. City’s Project Representative will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor’s executed Work. Based on information obtained during such visits and observations, City’s Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City’s Project Representative will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City’s Project Representative’s efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City’s Project Representative’s visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents. 8.02 Authorized Variations in Work City’s Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City Developer, and also on Contractor, who shall perform the Work involved promptly. 8.03 Rejecting Defective Work City will have authority to reject Work which City’s Project Representative believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 11, whether or not the Work is fabricated, installed, or completed. 00 73 10- 28 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 28 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 8.04 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City’s Project Representative will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City’s written decision will be final (except as modified to reflect changed factual conditions or more accurate data). ARTICLE 9 – CHANGES IN THE WORK 9.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Participating Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price on a project with City participation, a Field Order may be issued by the City. 9.02 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. ARTICLE 10 – CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 10.01 Change of Contract Price A. The Contract Price may only be changed by a Participating Change Order for projects with City participation. 10.02 Change of Contract Time A. The Contract Time may only be changed by a Participating Change Order for projects with City participation. 10.03 Delays A. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 00 73 10- 29 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 29 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 ARTICLE 11 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 11.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 11.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s safety procedures and programs so that they may comply therewith as applicable. 11.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City’s acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor’s purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations approved by City. D. City may arrange for the services of an independent testing laboratory (“Testing Lab”) to perform any inspections or tests (“Testing”) for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 11.03 D result in a “fail”, “did not pass” or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor’s cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. 00 73 10- 30 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 30 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 3. Any amounts owed for any retest under this Section 11.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Developer/Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue a letter of Final Acceptance until the Testing Lab is Paid E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. 11.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City’s observation and replaced at Contractor’s expense. 11.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 11.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 11.06 or Paragraph 11.07, Contractor shall take no action that would void or otherwise impair City’s special warranty and guarantee, if any, on said Work. 11.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract 00 73 10- 31 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 31 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor’s use by City or permitted by Laws and Regulations as contemplated in Paragraph 5.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City’s written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City’s written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 11.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor and Developer should such additional warranty coverage be required. Contractor’s obligations under this Paragraph 11.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 11.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 11.08 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 11.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor and the Developer, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 11.09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor’s services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are 00 73 10- 32 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 32 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 stored elsewhere. Contractor shall allow City, City’s representatives, agents, consultants, employees, and City’s other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City’s rights and remedies under this Paragraph 11.09. ARTICLE 12 – COMPLETION 12.01 Contractor’s Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment will pass to City no later than the time of Final Acceptance and shall be free and clear of all Liens. 12.02 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor’s performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 12.03 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 00 73 10- 33 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 33 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 12.04 Final Acceptance A. Upon completion by Contractor to City’s satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance upon the satisfaction of the following: 1. All documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; 2. consent of the surety, if any, to Final Acceptance; 3. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and 4. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. 5. after all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor’s insurance provider for resolution. 6. Issuing Final Acceptance by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. ARTICLE 13 – SUSPENSION OF WORK 13.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will stop contract time on City participation projects. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not 00 73 10- 34 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 34 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. ARTICLE 14 – MISCELLANEOUS 14.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 14.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 14.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 00 73 10- 35 Standard City Conditions Of The Construction Contract For Developer Awarded Projects Page 35 of 35 CITY OF FORT WORTH STANDARD CITY CONDITIONS – DEVELOPER AWARDED PROJECTS Revised: January 10, 2013 14.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 14.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. 01 11 00- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN: 104390 Revised December 20, 2012 SECTION 01 11 00 1 SUMMARY OF WORK 2 GENERAL 3 SUMMARY 4 A. Section Includes: 5 1. Summary of Work to be performed in accordance with the Contract Documents 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 - Bidding Requirements, Contract Forms, and Conditions of the Contract 10 2. Division 1 - General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Work Covered by Contract Documents 18 1. Work is to include furnishing all labor, materials, and equipment, and performing 19 all Work necessary for this construction project as detailed in the Drawings and 20 Specifications. 21 B. Subsidiary Work 22 1. Any and all Work specifically governed by documentary requirements for the 23 project, such as conditions imposed by the Drawings or Contract Documents in 24 which no specific item for bid has been provided for in the Proposal and the item is 25 not a typical unit bid item included on the standard bid item list, then the item shall 26 be considered as a subsidiary item of Work, the cost of which shall be included in 27 the price bid in the Proposal for various bid items. 28 C. Use of Premises 29 1. Coordinate uses of premises under direction of the City. 30 2. Assume full responsibility for protection and safekeeping of materials and 31 equipment stored on the Site. 32 3. Use and occupy only portions of the public streets and alleys, or other public places 33 or other rights-of-way as provided for in the ordinances of the City, as shown in the 34 Contract Documents, or as may be specifically authorized in writing by the City. 35 a. A reasonable amount of tools, materials, and equipment for construction 36 purposes may be stored in such space, but no more than is necessary to avoid 37 delay in the construction operations. 38 01 11 00- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN: 104390 Revised December 20, 2012 b. Excavated and waste materials shall be stored in such a way as not to interfere 1 with the use of spaces that may be designated to be left free and unobstructed 2 and so as not to inconvenience occupants of adjacent property. 3 c. If the street is occupied by railroad tracks, the Work shall be carried on in such 4 manner as not to interfere with the operation of the railroad. 5 All Work shall be in accordance with railroad requirements set forth in Division 6 0 as well as the railroad permit. 7 D. Work within Easements 8 1. Do not enter upon private property for any purpose without having previously 9 obtained permission from the owner of such property. 10 2. Do not store equipment or material on private property unless and until the 11 specified approval of the property owner has been secured in writing by the 12 Contractor and a copy furnished to the City. 13 3. Unless specifically provided otherwise, clear all rights-of-way or easements of 14 obstructions which must be removed to make possible proper prosecution of the 15 Work as a part of the project construction operations. 16 4. Preserve and use every precaution to prevent damage to, all trees, shrubbery, 17 plants, lawns, fences, culverts, curbing, and all other types of structures or 18 improvements, to all water, sewer, and gas lines, to all conduits, overhead pole 19 lines, or appurtenances thereof, including the construction of temporary fences 20 and to all other public or private property adjacent to the Work. 21 5. Notify the proper representatives of the owners or occupants of the public or 22 private lands of interest in lands which might be affected by the Work. 23 a. Such notice shall be made at least 48 hours in advance of the beginning of 24 the Work. 25 b. Notices shall be applicable to both public and private utility companies and 26 any corporation, company, individual, or other, either as owners or 27 occupants, whose land or interest in land might be affected by the Work. 28 c. Be responsible for all damage or injury to property of any character 29 resulting from any act, omission, neglect, or misconduct in the manner or 30 method or execution of the Work, or at any time due to defective work, 31 material, or equipment. 32 6. Fence 33 a. Restore all fences encountered and removed during construction of the 34 Project to the original or a better than original condition. 35 b. Erect temporary fencing in place of the fencing removed whenever the 36 Work is not in progress and when the site is vacated overnight, and/or at all 37 times to provide site security. 38 c. The cost for all fence work within easements, including removal, temporary 39 closures and replacement, shall be subsidiary to the various items bid in the 40 project proposal, unless a bid item is specifically provided in the proposal. 41 01 11 00- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – Developer Awarded Projects CPN: 104390 Revised December 20, 2012 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 31 19- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 SECTION 01 31 19 1 PRECONSTRUCTION MEETING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provisions for the preconstruction meeting to be held prior to the start of Work to 6 clarify construction contract administration procedures 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. No construction schedule required unless requested by the City. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 1.2 PRICE AND PAYMENT PROCEDURES 13 A. Measurement and Payment 14 1. Work associated with this Item is considered subsidiary to the various items bid. 15 No separate payment will be allowed for this Item. 16 1.3 REFERENCES [NOT USED] 17 1.4 ADMINISTRATIVE REQUIREMENTS 18 A. Coordination 19 1. Attend preconstruction meeting. 20 2. Representatives of Contractor, subcontractors and suppliers attending meetings 21 shall be qualified and authorized to act on behalf of the entity each represents. 22 3. Meeting administered by City may be tape recorded. 23 a. If recorded, tapes will be used to prepare minutes and retained by City for 24 future reference. 25 B. Preconstruction Meeting 26 1. A preconstruction meeting will be held within 14 days after the delivery of the 27 distribution package to the City. 28 The meeting will be scheduled and administered by the City. 29 2. The Project Representative will preside at the meeting, prepare the notes of the 30 meeting and distribute copies of same to all participants who so request by fully 31 completing the attendance form to be circulated at the beginning of the meeting. 32 3. Attendance shall include: 33 a. Developer and Consultant 34 b. Contractor's project manager 35 c. Contractor's superintendent 36 d. Any subcontractor or supplier representatives whom the Contractor may 37 desire to invite or the City may request 38 39 01 31 19- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 e. Other City representatives 1 f. Others as appropriate 2 4. Preliminary Agenda may include: 3 a. Introduction of Project Personnel 4 b. General Description of Project 5 c. Status of right-of-way, utility clearances, easements or other pertinent permits 6 d. Contractor’s work plan and schedule 7 e. Contract Time 8 f. Notice to Proceed 9 g. Construction Staking 10 h. Progress Payments 11 i. Extra Work and Change Order Procedures 12 j. Field Orders 13 k. Disposal Site Letter for Waste Material 14 l. Insurance Renewals 15 m. Payroll Certification 16 n. Material Certifications and Quality Control Testing 17 o. Public Safety and Convenience 18 p. Documentation of Pre-Construction Conditions 19 q. Weekend Work Notification 20 r. Legal Holidays 21 s. Trench Safety Plans 22 t. Confined Space Entry Standards 23 u. Coordination with the City’s representative for operations of existing water 24 systems 25 v. Storm Water Pollution Prevention Plan 26 w. Coordination with other Contractors 27 x. Early Warning System 28 y. Contractor Evaluation 29 z. Special Conditions applicable to the project 30 aa. Damages Claims 31 bb. Submittal Procedures 32 cc. Substitution Procedures 33 dd. Correspondence Routing 34 ee. Record Drawings 35 ff. Temporary construction facilities 36 gg. MBE/SBE procedures 37 hh. Final Acceptance 38 ii. Final Payment 39 jj. Questions or Comments 40 01 31 19- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 1.5 SUBMITTALS [NOT USED] 1 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 2 1.7 CLOSEOUT SUBMITTALS [NOT USED] 3 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 4 1.9 QUALITY ASSURANCE [NOT USED] 5 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 6 1.11 FIELD [SITE] CONDITIONS [NOT USED] 7 1.12 WARRANTY [NOT USED] 8 PART 2 - PRODUCTS [NOT USED] 9 PART 3 - EXECUTION [NOT USED] 10 END OF SECTION 11 12 Revision Log DATE NAME SUMMARY OF CHANGE 13 01 33 00- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 8 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 SECTION 01 33 00 1 DAP SUBMITTALS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. General methods and requirements of submissions applicable to the following Work-6 related submittals: 7 a. Shop Drawings 8 b. Product Data (including Standard Product List submittals) 9 c. Samples 10 d. Mock Ups 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various items bid. No 19 separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Coordination 23 1. Notify the City in writing, at the time of submittal, of any deviations in the submittals 24 from the requirements of the Contract Documents. 25 2. Coordination of Submittal Times 26 a. Prepare, prioritize and transmit each submittal sufficiently in advance of performing 27 the related Work or other applicable activities, or within the time specified in the 28 individual Work Sections, of the Specifications. 29 b. Contractor is responsible such that the installation will not be delayed by processing 30 times including, but not limited to: 31 a) Disapproval and resubmittal (if required) 32 b) Coordination with other submittals 33 c) Testing 34 d) Purchasing 35 e) Fabrication 36 f) Delivery 37 Similar sequenced activities 38 c. No extension of time will be authorized because of the Contractor's failure to 39 transmit submittals sufficiently in advance of the Work. 40 01 33 00- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 8 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 d. Make submittals promptly in accordance with approved schedule, and in such 1 sequence as to cause no delay in the Work or in the work of any other contractor. 2 B. Submittal Numbering 3 1. When submitting shop drawings or samples, utilize a 9-character submittal cross-4 reference identification numbering system in the following manner: 5 a. Use the first 6 digits of the applicable Specification Section Number. 6 b. For the next 2 digits number use numbers 01-99 to sequentially number each 7 initial separate item or drawing submitted under each specific Section number. 8 c. Last use a letter, A-Z, indicating the resubmission of the same drawing (i.e. 9 A=2nd submission, B=3rd submission, C=4th submission, etc.). A typical 10 submittal number would be as follows: 11 12 03 30 00-08-B 13 14 1) 03 30 00 is the Specification Section for Concrete 15 2) 08 is the eighth initial submittal under this Specification Section 16 3) B is the third submission (second resubmission) of that particular shop 17 drawing 18 C. Contractor Certification 19 1. Review shop drawings, product data and samples, including those by 20 subcontractors, prior to submission to determine and verify the following: 21 a. Field measurements 22 b. Field construction criteria 23 c. Catalog numbers and similar data 24 d. Conformance with the Contract Documents 25 2. Provide each shop drawing, sample and product data submitted by the Contractor 26 with a Certification Statement affixed including: 27 a. The Contractor's Company name 28 b. Signature of submittal reviewer 29 c. Certification Statement 30 1) “By this submittal, I hereby represent that I have determined and verified 31 field measurements, field construction criteria, materials, dimensions, 32 catalog numbers and similar data and I have checked and coordinated each 33 item with other applicable approved shop drawings." 34 D. Submittal Format 35 1. Fold shop drawings larger than 8 ½ inches x 11 inches to 8 ½ inches x 11inches. 36 2. Bind shop drawings and product data sheets together. 37 3. Order 38 a. Cover Sheet 39 1) Description of Packet 40 2) Contractor Certification 41 b. List of items / Table of Contents 42 c. Product Data /Shop Drawings/Samples /Calculations 43 E. Submittal Content 44 1. The date of submission and the dates of any previous submissions 45 01 33 00- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 8 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 2. The Project title and number 1 3. Contractor identification 2 4. The names of: 3 a. Contractor 4 b. Supplier 5 c. Manufacturer 6 5. Identification of the product, with the Specification Section number, page and 7 paragraph(s) 8 6. Field dimensions, clearly identified as such 9 7. Relation to adjacent or critical features of the Work or materials 10 8. Applicable standards, such as ASTM or Federal Specification numbers 11 9. Identification by highlighting of deviations from Contract Documents 12 10. Identification by highlighting of revisions on resubmittals 13 11. An 8-inch x 3-inch blank space for Contractor and City stamps 14 F. Shop Drawings 15 1. As specified in individual Work Sections includes, but is not necessarily limited to: 16 a. Custom-prepared data such as fabrication and erection/installation (working) 17 drawings 18 b. Scheduled information 19 c. Setting diagrams 20 d. Actual shopwork manufacturing instructions 21 e. Custom templates 22 f. Special wiring diagrams 23 g. Coordination drawings 24 h. Individual system or equipment inspection and test reports including: 25 1) Performance curves and certifications 26 i. As applicable to the Work 27 2. Details 28 a. Relation of the various parts to the main members and lines of the structure 29 b. Where correct fabrication of the Work depends upon field measurements 30 Provide such measurements and note on the drawings prior to submitting for 31 approval. 32 G. Product Data 33 1. For submittals of product data for products included on the City’s Standard Product 34 List, clearly identify each item selected for use on the Project. 35 2. For submittals of product data for products not included on the City’s Standard 36 Product List, submittal data may include, but is not necessarily limited to: 37 a. Standard prepared data for manufactured products (sometimes referred to as 38 catalog data) 39 1) Such as the manufacturer's product specification and installation instructions 40 2) Availability of colors and patterns 41 3) Manufacturer's printed statements of compliances and applicability 42 4) Roughing-in diagrams and templates 43 5) Catalog cuts 44 01 33 00- 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 8 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 6) Product photographs 1 7) Standard wiring diagrams 2 8) Printed performance curves and operational-range diagrams 3 9) Production or quality control inspection and test reports and certifications 4 10) Mill reports 5 11) Product operating and maintenance instructions and recommended spare-parts 6 listing and printed product warranties 7 12) As applicable to the Work 8 H. Samples 9 1. As specified in individual Sections, include, but are not necessarily limited to: 10 a. Physical examples of the Work such as: 11 1) Sections of manufactured or fabricated Work 12 2) Small cuts or containers of materials 13 3) Complete units of repetitively used products color/texture/pattern swatches and 14 range sets 15 4) Specimens for coordination of visual effect 16 5) Graphic symbols and units of Work to be used by the City for independent 17 inspection and testing, as applicable to the Work 18 I. Do not start Work requiring a shop drawing, sample or product data nor any material to be 19 fabricated or installed prior to the approval or qualified approval of such item. 20 1. Fabrication performed, materials purchased or on-site construction accomplished which 21 does not conform to approved shop drawings and data is at the Contractor's risk. 22 2. The City will not be liable for any expense or delay due to corrections or remedies 23 required to accomplish conformity. 24 3. Complete project Work, materials, fabrication, and installations in conformance with 25 approved shop drawings, applicable samples, and product data. 26 J. Submittal Distribution 27 1. Electronic Distribution 28 a. Confirm development of Project directory for electronic submittals to be uploaded 29 to City’s Buzzsaw site, or another external FTP site approved by the City. 30 b. Shop Drawings 31 1) Upload submittal to designated project directory and notify appropriate City 32 representatives via email of submittal posting. 33 2) Hard Copies 34 a) 3 copies for all submittals 35 b) If Contractor requires more than 1 hard copy of Shop Drawings returned, 36 Contractor shall submit more than the number of copies listed above. 37 c. Product Data 38 1) Upload submittal to designated project directory and notify appropriate City 39 representatives via email of submittal posting. 40 2) Hard Copies 41 a) 3 copies for all submittals 42 d. Samples 43 1) Distributed to the Project Representative 44 2. Hard Copy Distribution (if required in lieu of electronic distribution) 45 46 47 01 33 00- 5 DAP PROJECT RECORD DOCUMENTS Page 5 of 8 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 a. Shop Drawings 1 1) Distributed to the City 2 2) Copies 3 a. 8 copies for mechanical submittals 4 b. 7 copies for all other submittals 5 c. If Contractor requires more than 3 copies of Shop Drawings returned, 6 Contractor shall submit more than the number of copies listed above. 7 b. Product Data 8 1) Distributed to the City 9 2) Copies 10 a) 4 copies 11 c. Samples 12 1) Distributed to the Project Representative 13 2) Copies 14 a) Submit the number stated in the respective Specification Sections. 15 3. Distribute reproductions of approved shop drawings and copies of approved product 16 data and samples, where required, to the job site file and elsewhere as directed by 17 the City. 18 a. Provide number of copies as directed by the City but not exceeding the number 19 previously specified. 20 K. Submittal Review 21 1. The review of shop drawings, data and samples will be for general conformance with 22 the design concept and Contract Documents. This is not to be construed as: 23 a. Permitting any departure from the Contract requirements 24 b. Relieving the Contractor of responsibility for any errors, including details, 25 dimensions, and materials 26 c. Approving departures from details furnished by the City, except as otherwise 27 provided herein 28 2. The review and approval of shop drawings, samples or product data by the City does 29 not relieve the Contractor from his/her responsibility with regard to the fulfillment of 30 the terms of the Contract. 31 a. All risks of error and omission are assumed by the Contractor, and the City will 32 have no responsibility therefore. 33 3. The Contractor remains responsible for details and accuracy, for coordinating the Work 34 with all other associated work and trades, for selecting fabrication processes, for 35 techniques of assembly and for performing Work in a safe manner. 36 4. If the shop drawings, data or samples as submitted describe variations and show a 37 departure from the Contract requirements which City finds to be in the interest of the 38 City and to be so minor as not to involve a change in Contract Price or time for 39 performance, the City may return the reviewed drawings without noting an exception. 40 5. Submittals will be returned to the Contractor under 1 of the following codes: 41 a. Code 1 42 1) "NO EXCEPTIONS TAKEN" is assigned when there are no notations or 43 comments on the submittal. 44 a. When returned under this code the Contractor may release the equipment 45 and/or material for manufacture. 46 b. Code 2 47 01 33 00- 6 DAP PROJECT RECORD DOCUMENTS Page 6 of 8 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 1) "EXCEPTIONS NOTED". This code is assigned when a confirmation of the 1 notations and comments IS NOT required by the Contractor. 2 a. The Contractor may release the equipment or material for manufacture; 3 however, all notations and comments must be incorporated into the final 4 product. 5 c. Code 3 6 1) "EXCEPTIONS NOTED/RESUBMIT". This combination of codes is assigned 7 when notations and comments are extensive enough to require a resubmittal of 8 the package. 9 a) The Contractor may release the equipment or material for manufacture; 10 however, all notations and comments must be incorporated into the final 11 product. 12 b) This resubmittal is to address all comments, omissions and non-conforming 13 items that were noted. 14 c) Resubmittal is to be received by the City within 15 Calendar Days of the 15 date of the City's transmittal requiring the resubmittal. 16 d. Code 4 17 1) "NOT APPROVED" is assigned when the submittal does not meet the intent of 18 the Contract Documents. 19 a) The Contractor must resubmit the entire package revised to bring the 20 submittal into conformance. 21 b) It may be necessary to resubmit using a different manufacturer/vendor to 22 meet the Contract Documents. 23 6. Resubmittals 24 a. Handled in the same manner as first submittals 25 1) Corrections other than requested by the City 26 2) Marked with revision triangle or other similar method 27 a) At Contractor’s risk if not marked 28 b. Submittals for each item will be reviewed no more than twice at the City’s expense. 29 1) All subsequent reviews will be performed at times convenient to the City and at 30 the Contractor's expense, based on the City's or City Representative’s then 31 prevailing rates. 32 2) Provide Contractor reimbursement to the City within 30 Calendar Days for all 33 such fees invoiced by the City. 34 c. The need for more than 1 resubmission or any other delay in obtaining City's 35 review of submittals, will not entitle the Contractor to an extension of Contract 36 Time. 37 7. Partial Submittals 38 a. City reserves the right to not review submittals deemed partial, at the City’s 39 discretion. 40 b. Submittals deemed by the City to be not complete will be returned to the 41 Contractor, and will be considered "Not Approved" until resubmitted. 42 c. The City may at its option provide a list or mark the submittal directing the 43 Contractor to the areas that are incomplete. 44 8. If the Contractor considers any correction indicated on the shop drawings to constitute a 45 change to the Contract Documents, then written notice must be provided thereof to the 46 Developer at least 7 Calendar Days prior to release for manufacture. 47 01 33 00- 7 DAP PROJECT RECORD DOCUMENTS Page 7 of 8 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 9. When the shop drawings have been completed to the satisfaction of the City, the 1 Contractor may carry out the construction in accordance therewith and no further 2 changes therein except upon written instructions from the City. 3 10. Each submittal, appropriately coded, will be returned within 30 Calendar Days 4 following receipt of submittal by the City. 5 L. Mock ups 6 1. Mock Up units as specified in individual Sections, include, but are not necessarily 7 limited to, complete units of the standard of acceptance for that type of Work to be used 8 on the Project. Remove at the completion of the Work or when directed. 9 M. Qualifications 10 If specifically required in other Sections of these Specifications, submit a P.E. Certification 11 for each item required. 12 N. Request for Information (RFI) 13 1. Contractor Request for additional information 14 a. Clarification or interpretation of the contract documents 15 b. When the Contractor believes there is a conflict between Contract Documents 16 c. When the Contractor believes there is a conflict between the Drawings and 17 Specifications 18 1) Identify the conflict and request clarification 19 2. Sufficient information shall be attached to permit a written response without further 20 information. 21 22 23 24 25 1.5 SUBMITTALS [NOT USED] 26 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 27 1.7 CLOSEOUT SUBMITTALS [NOT USED] 28 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 29 1.9 QUALITY ASSURANCE [NOT USED] 30 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 31 1.11 FIELD [SITE] CONDITIONS [NOT USED] 32 1.12 WARRANTY [NOT USED] 33 01 33 00- 8 DAP PROJECT RECORD DOCUMENTS Page 8 of 8 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 1 2 3 4 PART 2 – PRODUCTS [NOT USED] 5 PART 3 - EXECUTION [NOT USED] 6 END OF SECTION 7 8 Revision Log DATE NAME SUMMARY OF CHANGE 12/20/2012 D. Johnson 1.4.K.8. Working Days modified to Calendar Days 9 01 35 13- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 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 standard 27 published at the time of the latest revision date logged at the end of this Specification, 28 unless a date is specifically cited. 29 2. Health and Safety Code, Title 9. Safety, Subtitle A. Public Safety, Chapter 752. High 30 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 Department 36 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 b. All work performed in the TxDOT right-of-way shall be performed in compliance 40 with and subject to approval from the Texas Department of Transportation 41 01 35 13- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August, 30, 2013 B. Work near High Voltage Lines 1 1. Regulatory Requirements 2 a. All Work near High Voltage Lines (more than 600 volts measured between 3 conductors or between a conductor and the ground) shall be in accordance with 4 Health and Safety Code, Title 9, Subtitle A, Chapter 752. 5 2. Warning sign 6 a. Provide sign of sufficient size meeting all OSHA requirements. 7 3. Equipment operating within 10 feet of high voltage lines will require the following 8 safety features 9 a. Insulating cage-type of guard about the boom or arm 10 b. Insulator links on the lift hook connections for back hoes or dippers 11 c. Equipment must meet the safety requirements as set forth by OSHA and the safety 12 requirements of the owner of the high voltage lines 13 4. Work within 6 feet of high voltage electric lines 14 a. Notification shall be given to: 15 1) The power company (example: ONCOR) 16 a) Maintain an accurate log of all such calls to power company and record 17 action taken in each case. 18 b. Coordination with power company 19 1) After notification coordinate with the power company to: 20 a) Erect temporary mechanical barriers, de-energize the lines, or raise or lower 21 the lines 22 c. No personnel may work within 6 feet of a high voltage line before the above 23 requirements have been met. 24 C. Confined Space Entry Program 25 1. Provide and follow approved Confined Space Entry Program in accordance with OSHA 26 requirements. 27 2. Confined Spaces include: 28 a. Manholes 29 b. All other confined spaces in accordance with OSHA’s Permit Required for 30 Confined Spaces 31 D. Use of Explosives, Drop Weight, Etc. 32 1. When Contract Documents permit on the project the following will apply: 33 a. Public Notification 34 1) Submit notice to City and proof of adequate insurance coverage, 24 hours prior 35 to commencing. 36 2) Minimum 24 hour public notification in accordance with Section 01 31 13 37 E. Water Department Coordination 38 39 1. During the construction of this project, it will be necessary to deactivate, for a 40 period of time, existing lines. The Contractor shall be required to coordinate with 41 the Water Department to determine the best times for deactivating and activating 42 those lines. 43 2. Coordinate any event that will require connecting to or the operation of an existing 44 City water line system with the City’s representative. 45 a. Coordination shall be in accordance with Section 33 12 25. 46 01 35 13- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August, 30, 2013 b. If needed, obtain a hydrant water meter from the Water Department for use 1 during the life of named project. 2 c. In the event that a water valve on an existing live system be turned off and 3 on to accommodate the construction of the project is required, coordinate 4 this activity through the appropriate City representative. 5 1) Do not operate water line valves of existing water system. 6 a) Failure to comply will render the Contractor in violation of Texas 7 Penal Code Title 7, Chapter 28.03 (Criminal Mischief) and the 8 Contractor will be prosecuted to the full extent of the law. 9 b) In addition, the Contractor will assume all liabilities and 10 responsibilities as a result of these actions. 11 F. Public Notification Prior to Beginning Construction 12 1. Prior to beginning construction on any block in the project, on a block by block 13 basis, prepare and deliver a notice or flyer of the pending construction to the front 14 door of each residence or business that will be impacted by construction. The notice 15 shall be prepared as follows: 16 a. Post notice or flyer 7 days prior to beginning any construction activity on each 17 block in the project area. 18 1) Prepare flyer on the Contractor’s letterhead and include the following 19 information: 20 a) Name of Project 21 b) City Project No (CPN) 22 c) Scope of Project (i.e. type of construction activity) 23 d) Actual construction duration within the block 24 e) Name of the contractor’s foreman and phone number 25 f) Name of the City’s inspector and phone number 26 g) City’s after-hours phone number 27 2) A sample of the ‘pre-construction notification’ flyer is attached as Exhibit A. 28 3) Submit schedule showing the construction start and finish time for each block 29 of the project to the inspector. 30 4) Deliver flyer to the City Inspector for review prior to distribution. 31 b. No construction will be allowed to begin on any block until the flyer is delivered to 32 all residents of the block. 33 G. Public Notification of Temporary Water Service Interruption during Construction 34 1. In the event it becomes necessary to temporarily shut down water service to 35 residents or businesses during construction, prepare and deliver a notice or flyer of 36 the pending interruption to the front door of each affected resident. 37 2. Prepared notice as follows: 38 a. The notification or flyer shall be posted 24 hours prior to the temporary 39 interruption. 40 b. Prepare flyer on the contractor’s letterhead and include the following information: 41 1) Name of the project 42 2) City Project Number 43 3) Date of the interruption of service 44 4) Period the interruption will take place 45 5) Name of the contractor’s foreman and phone number 46 6) Name of the City’s inspector and phone number 47 01 35 13- 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August, 30, 2013 c. A sample of the temporary water service interruption notification is attached as 1 Exhibit B. 2 d. Deliver a copy of the temporary interruption notification to the City inspector for 3 review prior to being distributed. 4 e. No interruption of water service can occur until the flyer has been delivered to all 5 affected residents and businesses. 6 f. Electronic versions of the sample flyers can be obtained from the Project 7 Construction Inspector. 8 H. Coordination with United States Army Corps of Engineers (USACE) 9 1. At locations in the Project where construction activities occur in areas where USACE 10 permits are required, meet all requirements set forth in each designated permit. 11 I. Coordination within Railroad Permit Areas 12 1. At locations in the project where construction activities occur in areas where railroad 13 permits are required, meet all requirements set forth in each designated railroad permit. 14 This includes, but is not limited to, provisions for: 15 a. Flagmen 16 b. Inspectors 17 c. Safety training 18 d. Additional insurance 19 e. Insurance certificates 20 f. Other employees required to protect the right-of-way and property of the Railroad 21 Company from damage arising out of and/or from the construction of the project. 22 Proper utility clearance procedures shall be used in accordance with the permit 23 guidelines. 24 2. Obtain any supplemental information needed to comply with the railroad’s 25 requirements. 26 J. Dust Control 27 1. Use acceptable measures to control dust at the Site. 28 a. If water is used to control dust, capture and properly dispose of waste water. 29 b. If wet saw cutting is performed, capture and properly dispose of slurry. 30 K. Employee Parking 31 1. Provide parking for employees at locations approved by the City. 32 33 01 35 13- 5 DAP PROJECT RECORD DOCUMENTS Page 5 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 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 PROJECT RECORD DOCUMENTS Page 6 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 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 OF 21 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 PROJECT RECORD DOCUMENTS Page 7 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August, 30, 2013 EXHIBIT B 1 2 3 4 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 1 of 2 CITY OF FORT WORTH 314 S. Main Street - Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised March 20, 2020 SECTION 01 45 23 TESTING AND INSPECTION SERVICES PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. Testing and inspection services procedures and coordination B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES A. Measurement and Payment 1. Work associated with this Item is considered subsidiary to the various Items bid. No separate payment will be allowed for this Item. a. Contractor is responsible for performing, coordinating, and payment of all Quality Control testing. b. City is responsible for performing and payment for first set of Quality Assurance testing. 1) If the first Quality Assurance test performed by the City fails, the Contractor is responsible for payment of subsequent Quality Assurance testing until a passing test occurs. a) Final acceptance will not be issued by City until all required payments for testing by Contractor have been paid in full. 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A. Testing 1. Complete testing in accordance with the Contract Documents. 2. Coordination a. When testing is required to be performed by the City, notify City, sufficiently in advance, when testing is needed. b. When testing is required to be completed by the Contractor, notify City, sufficiently in advance, that testing will be performed. 3. Distribution of Testing Reports a. Electronic Distribution 1) Confirm development of Project directory for electronic submittals to be uploaded to the City’s document management system, or another form of distribution approved by the City. 01 45 23 DAP TESTING AND INSPECTION SERVICES Page 2 of 2 CITY OF FORT WORTH 314 S. Main Street - Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised March 20, 2020 2) Upload test reports to designated project directory and notify appropriate City representatives via email of submittal posting. 3) Hard Copies a) 1 copy for all submittals submitted to the Project Representative b. Hard Copy Distribution (if required in lieu of electronic distribution) 1) Tests performed by City a) Distribute 1 hard copy to the Contractor 2) Tests performed by the Contractor a) Distribute 3 hard copies to City’s Project Representative 4. Provide City’s Project Representative with trip tickets for each delivered load of Concrete or Lime material including the following information: a. Name of pit b. Date of delivery c. Material delivered B. Inspection 1. Inspection or lack of inspection does not relieve the Contractor from obligation to perform work in accordance with the Contract Documents. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that electronic submittals be uploaded through the City’s document management system. 01 45 23- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised August 30, 2013 2) Upload test reports to designated project directory and notify appropriate 1 City representatives via email of submittal posting. 2 3) Hard Copies 3 a) 1 copy for all submittals submitted to the Project Representative 4 b. Hard Copy Distribution (if required in lieu of electronic distribution) 5 1) Tests performed by City 6 a) Distribute 1 hard copy to the Contractor 7 2) Tests performed by the Contractor 8 a) Distribute 3 hard copies to City’s Project Representative 9 4. Provide City’s Project Representative with trip tickets for each delivered 10 load of Concrete or Lime material including the following information: 11 a. Name of pit 12 b. Date of delivery 13 c. Material delivered 14 B. Inspection 15 1. Inspection or lack of inspection does not relieve the Contractor from obligation to 16 perform work in accordance with the Contract Documents. 17 1.5 SUBMITTALS [NOT USED] 18 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 19 1.7 CLOSEOUT SUBMITTALS [NOT USED] 20 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 21 1.9 QUALITY ASSURANCE [NOT USED] 22 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 23 1.11 FIELD [SITE] CONDITIONS [NOT USED] 24 1.12 WARRANTY [NOT USED] 25 PART 2 - PRODUCTS [NOT USED] 26 PART 3 - EXECUTION [NOT USED] 27 END OF SECTION 28 29 Revision Log DATE NAME SUMMARY OF CHANGE 30 01 50 00- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised JULY 1, 2011 SECTION 01 50 00 1 TEMPORARY FACILITIES AND CONTROLS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Provide temporary facilities and controls needed for the Work including, but not 6 necessarily limited to: 7 a. Temporary utilities 8 b. Sanitary facilities 9 c. Storage Sheds and Buildings 10 d. Dust control 11 e. Temporary fencing of the construction site 12 B. Deviations from this City of Fort Worth Standard Specification 13 1. None. 14 C. Related Specification Sections include, but are not necessarily limited to: 15 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 16 2. Division 1 – General Requirements 17 1.2 PRICE AND PAYMENT PROCEDURES 18 A. Measurement and Payment 19 1. Work associated with this Item is considered subsidiary to the various Items bid. 20 No separate payment will be allowed for this Item. 21 1.3 REFERENCES [NOT USED] 22 1.4 ADMINISTRATIVE REQUIREMENTS 23 A. Temporary Utilities 24 1. Obtaining Temporary Service 25 a. Make arrangements with utility service companies for temporary services. 26 b. Abide by rules and regulations of utility service companies or authorities 27 having jurisdiction. 28 c. Be responsible for utility service costs until Work is approved for Final 29 Acceptance. 30 1) Included are fuel, power, light, heat and other utility services necessary for 31 execution, completion, testing and initial operation of Work. 32 2. Water 33 a. Contractor to provide water required for and in connection with Work to be 34 performed and for specified tests of piping, equipment, devices or other use as 35 required for the completion of the Work. 36 b. Provide and maintain adequate supply of potable water for domestic 37 consumption by Contractor personnel and City’s Project Representatives. 38 c. Coordination 39 1) Contact City 1 week before water for construction is desired 40 41 01 50 00- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised JULY 1, 2011 d. Contractor Payment for Construction Water 1 1) Obtain construction water meter from City for payment as billed by City’s 2 established rates. 3 3. Electricity and Lighting 4 a. Provide and pay for electric powered service as required for Work, including 5 testing of Work. 6 Provide power for lighting, operation of equipment, or other use. 7 b. Electric power service includes temporary power service or generator to 8 maintain operations during scheduled shutdown. 9 4. Telephone 10 a. Provide emergency telephone service at Site for use by Contractor personnel 11 and others performing work or furnishing services at Site. 12 5. Temporary Heat and Ventilation 13 a. Provide temporary heat as necessary for protection or completion of Work. 14 b. Provide temporary heat and ventilation to assure safe working conditions. 15 B. Sanitary Facilities 16 1. Provide and maintain sanitary facilities for persons on Site. 17 a. Comply with regulations of State and local departments of health. 18 2. Enforce use of sanitary facilities by construction personnel at job site. 19 a. Enclose and anchor sanitary facilities. 20 b. No discharge will be allowed from these facilities. 21 c. Collect and store sewage and waste so as not to cause nuisance or health 22 problem. 23 d. Haul sewage and waste off-site at no less than weekly intervals and properly 24 dispose in accordance with applicable regulation. 25 3. Locate facilities near Work Site and keep clean and maintained throughout Project. 26 4. Remove facilities at completion of Project 27 C. Storage Sheds and Buildings 28 1. Provide adequately ventilated, watertight, weatherproof storage facilities with floor 29 above ground level for materials and equipment susceptible to weather damage. 30 2. Storage of materials not susceptible to weather damage may be on blocks off 31 ground. 32 3. Store materials in a neat and orderly manner. 33 a. Place materials and equipment to permit easy access for identification, 34 inspection and inventory. 35 4. Equip building with lockable doors and lighting, and provide electrical service for 36 equipment space heaters and heating or ventilation as necessary to provide storage 37 environments acceptable to specified manufacturers. 38 5. Fill and grade site for temporary structures to provide drainage away from 39 temporary and existing buildings. 40 6. Remove building from site prior to Final Acceptance. 41 D. Temporary Fencing 42 1. Provide and maintain for the duration or construction when required in contract 43 documents 44 E. Dust Control 45 01 50 00- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised JULY 1, 2011 1. Contractor is responsible for maintaining dust control through the duration of the 1 project. 2 a. Contractor remains on-call at all times 3 b. Must respond in a timely manner 4 F. Temporary Protection of Construction 5 1. Contractor or subcontractors are responsible for protecting Work from damage due 6 to weather. 7 1.5 SUBMITTALS [NOT USED] 8 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 9 1.7 CLOSEOUT SUBMITTALS [NOT USED] 10 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 11 1.9 QUALITY ASSURANCE [NOT USED] 12 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 13 1.11 FIELD [SITE] CONDITIONS [NOT USED] 14 1.12 WARRANTY [NOT USED] 15 PART 2 - PRODUCTS [NOT USED] 16 PART 3 - EXECUTION [NOT USED] 17 3.1 INSTALLERS [NOT USED] 18 3.2 EXAMINATION [NOT USED] 19 3.3 PREPARATION [NOT USED] 20 3.4 INSTALLATION 21 A. Temporary Facilities 22 1. Maintain all temporary facilities for duration of construction activities as needed. 23 3.5 [REPAIR] / [RESTORATION] 24 3.6 RE-INSTALLATION 25 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 26 3.8 SYSTEM STARTUP [NOT USED] 27 3.9 ADJUSTING [NOT USED] 28 3.10 CLEANING [NOT USED] 29 3.11 CLOSEOUT ACTIVITIES 30 A. Temporary Facilities 31 32 33 34 01 50 00- 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised JULY 1, 2011 1. Remove all temporary facilities and restore area after completion of the Work, 1 to a condition equal to or better than prior to start of Work. 2 3.12 PROTECTION [NOT USED] 3 3.13 MAINTENANCE [NOT USED] 4 3.14 ATTACHMENTS [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8 01 55 26- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised July 1, 2011 SECTION 01 55 26 1 STREET USE PERMIT AND MODIFICATIONS TO TRAFFIC CONTROL 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Administrative procedures for: 6 a. Street Use Permit 7 b. Modification of approved traffic control 8 c. Removal of Street Signs 9 B. Deviations from this City of Fort Worth Standard Specification 10 1. None. 11 C. Related Specification Sections include, but are not necessarily limited to: 12 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 13 2. Division 1 – General Requirements 14 3. Section 34 71 13 – Traffic Control 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES 20 A. Reference Standards 21 1. Reference standards cited in this specification refer to the current reference standard 22 published at the time of the latest revision date logged at the end of this 23 specification, unless a date is specifically cited. 24 2. Texas Manual on Uniform Traffic Control Devices (TMUTCD). 25 1.4 ADMINISTRATIVE REQUIREMENTS 26 A. Traffic Control 27 1. General 28 a. When traffic control plans are included in the Drawings, provide Traffic 29 Control in accordance with Drawings and Section 34 71 13. 30 b. When traffic control plans are not included in the Drawings, prepare traffic 31 control plans in accordance with Section 34 71 13 and submit to City for 32 review. 33 1) Allow minimum 10 working days for review of proposed Traffic Control. 34 B. Street Use Permit 35 1. Prior to installation of Traffic Control, a City Street Use Permit is required. 36 a. To obtain Street Use Permit, submit Traffic Control Plans to City 37 Transportation and Public Works Department. 38 39 40 01 55 26- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised July 1, 2011 1 1) Allow a minimum of 5 working days for permit review. 2 2) Contractor’s responsibility to coordinate review of Traffic Control plans for 3 Street Use Permit, such that construction is not delayed. 4 C. Modification to Approved Traffic Control 5 1. Prior to installation traffic control: 6 a. Submit revised traffic control plans to City Department Transportation and 7 Public Works Department. 8 1) Revise Traffic Control plans in accordance with Section 34 71 13. 9 2) Allow minimum 5 working days for review of revised Traffic Control. 10 3) It is the Contractor’s responsibility to coordinate review of Traffic Control 11 plans for Street Use Permit, such that construction is not delayed. 12 D. Removal of Street Sign 13 1. If it is determined that a street sign must be removed for construction, then contact 14 City Transportation and Public Works Department, Signs and Markings Division to 15 remove the sign. 16 E. Temporary Signage 17 1. In the case of regulatory signs, replace permanent sign with temporary sign meeting 18 requirements of the latest edition of the Texas Manual on Uniform Traffic Control 19 Devices (MUTCD). 20 2. Install temporary sign before the removal of permanent sign. 21 3. When construction is complete, to the extent that the permanent sign can be 22 reinstalled, contact the City Transportation and Public Works Department, Signs 23 and Markings Division, to reinstall the permanent sign. 24 F. Traffic Control Standards 25 1. Traffic Control Standards can be found on the City’s Buzzsaw website. 26 1.5 SUBMITTALS [NOT USED] 27 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 28 1.7 CLOSEOUT SUBMITTALS [NOT USED] 29 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 30 1.9 QUALITY ASSURANCE [NOT USED] 31 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 32 1.11 FIELD [SITE] CONDITIONS [NOT USED] 33 1.12 WARRANTY [NOT USED] 34 PART 2 - PRODUCTS [NOT USED] 35 PART 3 - EXECUTION [NOT USED] 36 END OF SECTION 37 38 01 55 26- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised July 1, 2011 Revision Log DATE NAME SUMMARY OF CHANGE 1 01 57 13- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised July 1, 2011 SECTION 01 57 13 1 STORM WATER POLLUTION PREVENTION 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Procedures for Storm Water Pollution Prevention Plans 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the 10 Contract 11 2. Division 1 – General Requirements 12 3. Section 31 25 00 – Erosion and Sediment Control 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Construction Activities resulting in less than 1 acre of disturbance 16 A. Work associated with this Item is considered subsidiary to the various Items 17 bid. No separate payment will be allowed for this Item. 18 2. Construction Activities resulting in greater than 1 acre of disturbance 19 Measurement and Payment shall be in accordance with Section 31 25 00. 20 1.3 REFERENCES 21 A. Abbreviations and Acronyms 22 1. Notice of Intent: NOI 23 2. Notice of Termination: NOT 24 3. Storm Water Pollution Prevention Plan: SWPPP 25 4. Texas Commission on Environmental Quality: TCEQ 26 5. Notice of Change: NOC 27 B. Reference Standards 28 1. Reference standards cited in this Specification refer to the current reference 29 standard published at the time of the latest revision date logged at the end of this 30 Specification, unless a date is specifically cited. 31 2. Integrated Storm Management (iSWM) Technical Manual for Construction 32 Controls 33 1.4 ADMINISTRATIVE REQUIREMENTS 34 A. General 35 1. Contractor is responsible for resolution and payment of any fines issued associated 36 with compliance to Stormwater Pollution Prevention Plan. 37 38 01 57 13- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised July 1, 2011 B. Construction Activities resulting in: 1 1. Less than 1 acre of disturbance 2 a. Provide erosion and sediment control in accordance with Section 31 25 00 and 3 Drawings. 4 2. 1 to less than 5 acres of disturbance 5 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 6 Permit is required 7 b. Complete SWPPP in accordance with TCEQ requirements 8 1) TCEQ Small Construction Site Notice Required under general permit 9 TXR150000 10 a) Sign and post at job site 11 b) Prior to Preconstruction Meeting, send 1 copy to City Department of 12 Transportation and Public Works, Environmental Division, (817) 392-13 6088. 14 2) Provide erosion and sediment control in accordance with: 15 a) Section 31 25 00 16 b) The Drawings 17 c) TXR150000 General Permit 18 d) SWPPP 19 e) TCEQ requirements 20 3. 5 acres or more of Disturbance 21 a. Texas Pollutant Discharge Elimination System (TPDES) General Construction 22 Permit is required 23 b. Complete SWPPP in accordance with TCEQ requirements 24 1) Prepare a TCEQ NOI form and submit to TCEQ along with required fee 25 a) Sign and post at job site 26 b) Send copy to City Department of Transportation and Public Works, 27 Environmental Division, (817) 392-6088. 28 2) `TCEQ Notice of Change required if making changes or updates to NOI 29 3) Provide erosion and sediment control in accordance with: 30 a) Section 31 25 00 31 b) The Drawings 32 c) TXR150000 General Permit 33 d) SWPPP 34 e) TCEQ requirements 35 4) Once the project has been completed and all the closeout requirements of 36 TCEQ have been met a TCEQ Notice of Termination can be submitted. 37 a) Send copy to City Department of Transportation and Public Works, 38 Environmental Division, (817) 392-6088. 39 1.5 SUBMITTALS 40 A. SWPPP 41 1. Submit in accordance with Section 01 33 00, except as stated herein. 42 a. Prior to the Preconstruction Meeting, submit a draft copy of SWPPP to the City 43 as follows: 44 1) 1 copy to the City Project Manager 45 a) City Project Manager will forward to the City Department of 46 Transportation and Public Works, Environmental Division for review 47 48 01 57 13- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised July 1, 2011 B. Modified SWPPP 1 1. If the SWPPP is revised during construction, resubmit modified SWPPP to the City 2 in accordance with Section 01 33 00. 3 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 4 1.7 CLOSEOUT SUBMITTALS [NOT USED] 5 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 6 1.9 QUALITY ASSURANCE [NOT USED] 7 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 8 1.11 FIELD [SITE] CONDITIONS [NOT USED] 9 1.12 WARRANTY [NOT USED] 10 PART 2 - -PRODUCTS [NOT USED] 11 PART 3 - EXECUTION [NOT USED] 12 END OF SECTION 13 14 Revision Log DATE NAME SUMMARY OF CHANGE 15 01 60 00 DAP PRODUCT REQUIREMENTS Page 1 of 2 CITY OF FORT WORTH 314 S. Main Street - Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised March 20, 2020 SECTION 01 60 00 PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 SUMMARY A. Section Includes: 1. References for Product Requirements and City Standard Products List B. Deviations from this City of Fort Worth Standard Specification 1. None. C. Related Specification Sections include, but are not necessarily limited to: 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 2. Division 1 – General Requirements 1.2 PRICE AND PAYMENT PROCEDURES [NOT USED] 1.3 REFERENCES [NOT USED] 1.4 ADMINISTRATIVE REQUIREMENTS A list of City approved products for use is available through the City’s website at: https://apps.fortworthtexas.gov/ProjectResources/ and following the directory path: 02 - Construction Documents\Standard Products List A. Only products specifically included on City’s Standard Product List in these Contract Documents shall be allowed for use on the Project. 1. Any subsequently approved products will only be allowed for use upon specific approval by the City. B. Any specific product requirements in the Contract Documents supersede similar products included on the City’s Standard Product List. 1. The City reserves the right to not allow products to be used for certain projects even though the product is listed on the City’s Standard Product List. C. Although a specific product is included on City’s Standard Product List, not all products from that manufacturer are approved for use, including but not limited to, that manufacturer’s standard product. D. See Section 01 33 00 for submittal requirements of Product Data included on City’s Standard Product List. 1.5 SUBMITTALS [NOT USED] 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 1.7 CLOSEOUT SUBMITTALS [NOT USED] 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1.9 QUALITY ASSURANCE [NOT USED] 01 60 00 DAP PRODUCT REQUIREMENTS Page 2 of 2 CITY OF FORT WORTH 314 S. Main Street - Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised March 20, 2020 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1.12 WARRANTY [NOT USED] PART 2 - PRODUCTS [NOT USED] PART 3 - EXECUTION [NOT USED] END OF SECTION Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 03/20/2020 D.V. Magaña Removed reference to Buzzsaw and noted that the City approved products list is accessible through the City’s website. 01 60 00- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 2 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 10/12/12 D. Johnson Modified Location of City’s Standard Product List 4/7/2014 M.Domenech Revised for DAP application 8 01 66 00- 1 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 1 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 SECTION 01 66 00 1 PRODUCT STORAGE AND HANDLING REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Scheduling of product delivery 6 2. Packaging of products for delivery 7 3. Protection of products against damage from: 8 a. Handling 9 b. Exposure to elements or harsh environments 10 B. Deviations from this City of Fort Worth Standard Specification 11 1. None. 12 C. Related Specification Sections include, but are not necessarily limited to: 13 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 14 2. Division 1 – General Requirements 15 1.2 PRICE AND PAYMENT PROCEDURES 16 A. Measurement and Payment 17 1. Work associated with this Item is considered subsidiary to the various Items bid. 18 No separate payment will be allowed for this Item. 19 1.3 REFERENCES [NOT USED] 20 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 21 1.5 SUBMITTALS [NOT USED] 22 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 23 1.7 CLOSEOUT SUBMITTALS [NOT USED] 24 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 25 1.9 QUALITY ASSURANCE [NOT USED] 26 1.10 DELIVERY AND HANDLING 27 A. Delivery Requirements 28 1. Schedule delivery of products or equipment as required to allow timely installation 29 and to avoid prolonged storage. 30 2. Provide appropriate personnel and equipment to receive deliveries. 31 3. Delivery trucks will not be permitted to wait extended periods of time on the Site 32 for personnel or equipment to receive the delivery. 33 34 35 36 01 66 00- 2 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 2 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 4. Deliver products or equipment in manufacturer's original unbroken cartons or other 1 containers designed and constructed to protect the contents from physical or 2 environmental damage. 3 5. Clearly and fully mark and identify as to manufacturer, item and installation 4 location. 5 6. Provide manufacturer's instructions for storage and handling. 6 B. Handling Requirements 7 1. Handle products or equipment in accordance with these Contract Documents and 8 manufacturer’s recommendations and instructions. 9 C. Storage Requirements 10 1. Store materials in accordance with manufacturer’s recommendations and 11 requirements of these Specifications. 12 2. Make necessary provisions for safe storage of materials and equipment. 13 a. Place loose soil materials and materials to be incorporated into Work to prevent 14 damage to any part of Work or existing facilities and to maintain free access at 15 all times to all parts of Work and to utility service company installations in 16 vicinity of Work. 17 3. Keep materials and equipment neatly and compactly stored in locations that will 18 cause minimum inconvenience to other contractors, public travel, adjoining owners, 19 tenants and occupants. 20 a. Arrange storage to provide easy access for inspection. 21 4. Restrict storage to areas available on construction site for storage of material and 22 equipment as shown on Drawings, or approved by City’s Project Representative. 23 5. Provide off-site storage and protection when on-site storage is not adequate. 24 a. Provide addresses of and access to off-site storage locations for inspection by 25 City’s Project Representative. 26 6. Do not use lawns, grass plots or other private property for storage purposes without 27 written permission of owner or other person in possession or control of premises. 28 7. Store in manufacturers’ unopened containers. 29 8. Neatly, safely and compactly stack materials delivered and stored along line of 30 Work to avoid inconvenience and damage to property owners and general public 31 and maintain at least 3 feet from fire hydrant. 32 9. Keep public and private driveways and street crossings open. 33 10. Repair or replace damaged lawns, sidewalks, streets or other improvements to 34 satisfaction of City’s Project Representative. 35 a. Total length which materials may be distributed along route of construction at 36 one time is 1,000 linear feet, unless otherwise approved in writing by City’s 37 Project Representative. 38 01 66 00- 3 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 3 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 ERECTION [NOT USED] 8 3.5 REPAIR / RESTORATION [NOT USED] 9 3.6 RE-INSTALLATION [NOT USED] 10 3.7 FIELD [OR] SITE QUALITY CONTROL 11 A. Tests and Inspections 12 1. Inspect all products or equipment delivered to the site prior to unloading. 13 B. Non-Conforming Work 14 1. Reject all products or equipment that are damaged, used or in any other way 15 unsatisfactory for use on the project. 16 3.8 SYSTEM STARTUP [NOT USED] 17 3.9 ADJUSTING [NOT USED] 18 3.10 CLEANING [NOT USED] 19 3.11 CLOSEOUT ACTIVITIES [NOT USED] 20 3.12 PROTECTION 21 A. Protect all products or equipment in accordance with manufacturer's written directions. 22 B. Store products or equipment in location to avoid physical damage to items while in 23 storage. 24 C. Protect equipment from exposure to elements and keep thoroughly dry if required by 25 the manufacturer. 26 3.13 MAINTENANCE [NOT USED] 27 3.14 ATTACHMENTS [NOT USED] 28 END OF SECTION 29 30 31 32 01 66 00- 4 DAP PRODUCT STORAGE AND HANDLING REQUIREMENTS Page 4 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 1 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 2 01 71 23 - 1 CONSTRUCTION STAKING AND SURVEY Page 1 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 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 1.3 REFERENCES 35 A. Definitions 36 1. Construction Survey - The survey measurements made prior to or while 37 construction is in progress to control elevation, horizontal position, dimensions and 38 configuration of structures/improvements included in the Project Drawings. 39 01 71 23 - 2 CONSTRUCTION STAKING AND SURVEY Page 2 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised February 14, 2018 2. As-built Survey –The measurements made after the construction of the 1 improvement features are complete to provide position coordinates for the features 2 of a project. 3 3. Construction Staking – The placement of stakes and markings to provide offsets 4 and elevations to cut and fill in order to locate on the ground the designed 5 structures/improvements included in the Project Drawings. Construction staking 6 shall include staking easements and/or right of way if indicated on the plans. 7 4. Survey “Field Checks” – Measurements made after construction staking is 8 completed and before construction work begins to ensure that structures marked on 9 the ground are accurately located per Project Drawings. 10 B. Technical References 11 1. City of Fort Worth – Construction Staking Standards (available on City’s Buzzsaw 12 website) – 01 71 23.16.01_ Attachment A_Survey Staking Standards 13 2. City of Fort Worth - Standard Survey Data Collector Library (fxl) files (available 14 on City’s Buzzsaw website). 15 3. Texas Department of Transportation (TxDOT) Survey Manual, latest revision 16 4. Texas Society of Professional Land Surveyors (TSPS), Manual of Practice for Land 17 Surveying in the State of Texas, Category 5 18 19 1.4 ADMINISTRATIVE REQUIREMENTS 20 A. The Contractor’s selection of a surveyor must comply with Texas Government 21 Code 2254 (qualifications based selection) for this project. 22 1.5 SUBMITTALS 23 A. Submittals, if required, shall be in accordance with Section 01 33 00. 24 B. All submittals shall be received and reviewed by the City prior to delivery of work. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS 26 A. Field Quality Control Submittals 27 1. Documentation verifying accuracy of field engineering work, including coordinate 28 conversions if plans do not indicate grid or ground coordinates. 29 2. Submit “Cut-Sheets” conforming to the standard template provided by the City 30 (refer to 01 71 23.16.01 – Attachment A – Survey Staking Standards). 31 1.7 CLOSEOUT SUBMITTALS 32 B. As-built Redline Drawing Submittal 33 1. Submit As-Built Survey Redline Drawings documenting the locations/elevations of 34 constructed improvements signed and sealed by Registered Professional Land 35 Surveyor (RPLS) responsible for the work (refer to 01 71 23.16.01 – Attachment A 36 – Survey Staking Standards) . 37 2. Contractor shall submit the proposed as-built and completed redline drawing 38 submittal one (1) week prior to scheduling the project final inspection for City 39 review and comment. Revisions, if necessary, shall be made to the as-built redline 40 drawings and resubmitted to the City prior to scheduling the construction final 41 inspection. 42 01 71 23 - 3 CONSTRUCTION STAKING AND SURVEY Page 3 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised February 14, 2018 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 1 1.9 QUALITY ASSURANCE 2 A. Construction Staking 3 1. Construction staking will be performed by the Contractor. 4 2. Coordination 5 a. Contact City and Developer’s Project Representative at least one week in 6 advance notifying the City of when Construction Staking is scheduled. 7 b. It is the Contractor’s responsibility to coordinate staking such that 8 construction activities are not delayed or negatively impacted. 9 3. General 10 a. Contractor is responsible for preserving and maintaining stakes. If 11 Developer’s Project Representative is required to re-stake for any reason, the 12 Contractor will be responsible for costs to perform staking. If in the opinion of 13 the City, a sufficient number of stakes or markings have been lost, destroyed 14 disturbed or omitted that the contracted Work cannot take place then the 15 Contractor will be required to stake or re-stake the deficient areas. 16 B. Construction Survey 17 1. Construction Survey will be performed by the Contractor. 18 2. Coordination 19 a. Contractor to verify that horizontal and vertical control data established in the 20 design survey and required for construction survey is available and in place. 21 3. General 22 a. Construction survey will be performed in order to construct the work shown 23 on the Construction Drawings and specified in the Contract Documents. 24 b. For construction methods other than open cut, the Contractor shall perform 25 construction survey and verify control data including, but not limited to, the 26 following: 27 1) Verification that established benchmarks and control are accurate. 28 2) Use of Benchmarks to furnish and maintain all reference lines and grades 29 for tunneling. 30 3) Use of line and grades to establish the location of the pipe. 31 4) Submit to the City copies of field notes used to establish all lines and 32 grades, if requested, and allow the City to check guidance system setup prior 33 to beginning each tunneling drive. 34 5) Provide access for the City, if requested, to verify the guidance system and 35 the line and grade of the carrier pipe. 36 6) The Contractor remains fully responsible for the accuracy of the work and 37 correction of it, as required. 38 7) Monitor line and grade continuously during construction. 39 8) Record deviation with respect to design line and grade once at each pipe 40 joint and submit daily records to the City. 41 9) If the installation does not meet the specified tolerances (as outlined in 42 Sections 33 05 23 and/or 33 05 24), immediately notify the City and correct 43 the installation in accordance with the Contract Documents. 44 C. As-Built Survey 45 1. Required As-Built Survey will be performed by the Contractor. 46 01 71 23 - 4 CONSTRUCTION STAKING AND SURVEY Page 4 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised February 14, 2018 2. Coordination 1 a. Contractor is to coordinate with City to confirm which features require as-2 built surveying. 3 b. It is the Contractor’s responsibility to coordinate the as-built survey and 4 required measurements for items that are to be buried such that construction 5 activities are not delayed or negatively impacted. 6 c. For sewer mains and water mains 12” and under in diameter, it is acceptable 7 to physically measure depth and mark the location during the progress of 8 construction and take as-built survey after the facility has been buried. The 9 Contractor is responsible for the quality control needed to ensure accuracy. 10 3. General 11 a. The Contractor shall provide as-built survey including the elevation and 12 location (and provide written documentation to the City) of construction 13 features during the progress of the construction including the following: 14 1) Water Lines 15 a) Top of pipe elevations and coordinates for waterlines at the following 16 locations: 17 (1) Minimum every 250 linear feet, including 18 (2) Horizontal and vertical points of inflection, curvature, 19 etc. 20 (3) Fire line tee 21 (4) Plugs, stub-outs, dead-end lines 22 (5) Casing pipe (each end) and all buried fittings 23 2) Sanitary Sewer 24 a) Top of pipe elevations and coordinates for force mains and siphon 25 sanitary sewer lines (non-gravity facilities) at the following locations: 26 (1) Minimum every 250 linear feet and any buried fittings 27 (2) Horizontal and vertical points of inflection, curvature, 28 etc. 29 3) Stormwater – Not Applicable 30 b. The Contractor shall provide as-built survey including the elevation and 31 location (and provide written documentation to the City) of construction 32 features after the construction is completed including the following: 33 1) Manholes 34 a) Rim and flowline elevations and coordinates for each manhole 35 2) Water Lines 36 a) Cathodic protection test stations 37 b) Sampling stations 38 c) Meter boxes/vaults (All sizes) 39 d) Fire hydrants 40 e) Valves (gate, butterfly, etc.) 41 f) Air Release valves (Manhole rim and vent pipe) 42 g) Blow off valves (Manhole rim and valve lid) 43 h) Pressure plane valves 44 i) Underground Vaults 45 (1) Rim and flowline elevations and coordinates for each 46 Underground Vault. 47 3) Sanitary Sewer 48 a) Cleanouts 49 (1) Rim and flowline elevations and coordinates for each 50 01 71 23 - 5 CONSTRUCTION STAKING AND SURVEY Page 5 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised February 14, 2018 b) Manholes and Junction Structures 1 (1) Rim and flowline elevations and coordinates for each 2 manhole and junction structure. 3 4) Stormwater – Not Applicable 4 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 5 1.11 FIELD [SITE] CONDITIONS [NOT USED] 6 1.12 WARRANTY 7 PART 2 - PRODUCTS 8 A. A construction survey will produce, but will not be limited to: 9 1. Recovery of relevant control points, points of curvature and points of intersection. 10 2. Establish temporary horizontal and vertical control elevations (benchmarks) 11 sufficiently permanent and located in a manner to be used throughout construction. 12 3. The location of planned facilities, easements and improvements. 13 a. Establishing final line and grade stakes for piers, floors, grade beams, parking 14 areas, utilities, streets, highways, tunnels, and other construction. 15 b. A record of revisions or corrections noted in an orderly manner for reference. 16 c. A drawing, when required by the client, indicating the horizontal and vertical 17 location of facilities, easements and improvements, as built. 18 4. Cut sheets shall be provided to the City inspector and Survey Superintendent for all 19 construction staking projects. These cut sheets shall be on the standard city template 20 which can be obtained from the Survey Superintendent (817-392-7925). 21 5. Digital survey files in the following formats shall be acceptable: 22 a. AutoCAD (.dwg) 23 b. ESRI Shapefile (.shp) 24 c. CSV file (.csv), formatted with X and Y coordinates in separate columns (use 25 standard templates, if available) 26 6. Survey files shall include vertical and horizontal data tied to original project 27 control and benchmarks, and shall include feature descriptions 28 PART 3 - EXECUTION 29 3.1 INSTALLERS 30 A. Tolerances: 31 1. The staked location of any improvement or facility should be as accurate as 32 practical and necessary. The degree of precision required is dependent on many 33 factors all of which must remain judgmental. The tolerances listed hereafter are 34 based on generalities and, under certain circumstances, shall yield to specific 35 requirements. The surveyor shall assess any situation by review of the overall plans 36 and through consultation with responsible parties as to the need for specific 37 tolerances. 38 a. Earthwork: Grades for earthwork or rough cut should not exceed 0.1 ft. vertical 39 tolerance. Horizontal alignment for earthwork and rough cut should not exceed 40 1.0 ft. tolerance. 41 01 71 23 - 6 CONSTRUCTION STAKING AND SURVEY Page 6 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised February 14, 2018 b. Horizontal alignment on a structure shall be within .0.1ft tolerance. 1 c. Paving or concrete for streets, curbs, gutters, parking areas, drives, alleys and 2 walkways shall be located within the confines of the site boundaries and, 3 occasionally, along a boundary or any other restrictive line. Away from any 4 restrictive line, these facilities should be staked with an accuracy producing no 5 more than 0.05ft. tolerance from their specified locations. 6 d. Underground and overhead utilities, such as sewers, gas, water, telephone and 7 electric lines, shall be located horizontally within their prescribed areas or 8 easements. Within assigned areas, these utilities should be staked with an 9 accuracy producing no more than 0.1 ft tolerance from a specified location. 10 e. The accuracy required for the vertical location of utilities varies widely. Many 11 underground utilities require only a minimum cover and a tolerance of 0.1 ft. 12 should be maintained. Underground and overhead utilities on planned profile, 13 but not depending on gravity flow for performance, should not exceed 0.1 ft. 14 tolerance. 15 B. Surveying instruments shall be kept in close adjustment according to manufacturer’s 16 specifications or in compliance to standards. The City reserves the right to request a 17 calibration report at any time and recommends regular maintenance schedule be 18 performed by a certified technician every 6 months. 19 1. Field measurements of angles and distances shall be done in such fashion as to 20 satisfy the closures and tolerances expressed in Part 3.1.A. 21 2. Vertical locations shall be established from a pre-established benchmark and 22 checked by closing to a different bench mark on the same datum. 23 3. Construction survey field work shall correspond to the client’s plans. Irregularities 24 or conflicts found shall be reported promptly to the City. 25 4. Revisions, corrections and other pertinent data shall be logged for future reference. 26 27 3.2 EXAMINATION [NOT USED] 28 3.3 PREPARATION [NOT USED] 29 3.4 APPLICATION 30 3.5 REPAIR / RESTORATION 31 A. If the Contractor’s work damages or destroys one or more of the control 32 monuments/points set by the Developer’s Project Representative, the monuments shall be 33 adequately referenced for expedient restoration. 34 1. Notify City or Developer’s Project Representative if any control data needs to be 35 restored or replaced due to damage caused during construction operations. 36 a. Contractor shall perform replacements and/or restorations. 37 b. The City or Developer’s Project Representative may require at any time a 38 survey “Field Check” of any monument or benchmarks that are set be verified 39 by the Developer’s Project Representative before further associated work can 40 move forward. 41 01 71 23 - 7 CONSTRUCTION STAKING AND SURVEY Page 7 of 7 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised February 14, 2018 3.6 RE-INSTALLATION [NOT USED] 1 3.7 FIELD [OR] SITE QUALITY CONTROL 2 A. It is the Contractor’s responsibility to maintain all stakes and control data placed by the 3 Developer’s Project Representative in accordance with this Specification. This includes 4 easements and right of way, if noted on the plans. 5 B. Do not change or relocate stakes or control data without approval from the City. 6 3.8 SYSTEM STARTUP 7 A. Survey Checks 8 1. The City reserves the right to perform a Survey Check at any time deemed 9 necessary. 10 2. Checks by City personnel or 3rd party contracted surveyor are not intended to 11 relieve the contractor of his/her responsibility for accuracy. 12 13 3.9 ADJUSTING [NOT USED] 14 3.10 CLEANING [NOT USED] 15 3.11 CLOSEOUT ACTIVITIES [NOT USED] 16 3.12 PROTECTION [NOT USED] 17 3.13 MAINTENANCE [NOT USED] 18 3.14 ATTACHMENTS [NOT USED] 19 END OF SECTION 20 21 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 measurement criteria; revised list of items requiring as-built survey “during” and “after” construction; and revised acceptable digital survey file format 22 01 74 23- 1 DAP CLEANING Page 1 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 SECTION 01 74 23 1 CLEANING 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Intermediate and final cleaning for Work not including special cleaning of closed 6 systems specified elsewhere 7 B. Deviations from this City of Fort Worth Standard Specification 8 1. None. 9 C. Related Specification Sections include, but are not necessarily limited to: 10 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 11 2. Division 1 – General Requirements 12 3. Section 32 92 13 – Hydro-Mulching, Seeding and Sodding 13 1.2 PRICE AND PAYMENT PROCEDURES 14 A. Measurement and Payment 15 1. Work associated with this Item is considered subsidiary to the various Items bid. 16 No separate payment will be allowed for this Item. 17 1.3 REFERENCES [NOT USED] 18 1.4 ADMINISTRATIVE REQUIREMENTS 19 A. Scheduling 20 1. Schedule cleaning operations so that dust and other contaminants disturbed by 21 cleaning process will not fall on newly painted surfaces. 22 2. Schedule final cleaning upon completion of Work and immediately prior to final 23 inspection. 24 1.5 SUBMITTALS [NOT USED] 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE [NOT USED] 29 1.10 STORAGE, AND HANDLING 30 A. Storage and Handling Requirements 31 1. Store cleaning products and cleaning wastes in containers specifically designed for 32 those materials. 33 01 74 23- 2 DAP CLEANING Page 2 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 1.11 FIELD [SITE] CONDITIONS [NOT USED] 1 1.12 WARRANTY [NOT USED] 2 PART 2 - PRODUCTS 3 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIEDPRODUCTS [NOT USED] 4 2.2 MATERIALS 5 A. Cleaning Agents 6 1. Compatible with surface being cleaned 7 2. New and uncontaminated 8 3. For manufactured surfaces 9 a. Material recommended by manufacturer 10 2.3 ACCESSORIES [NOT USED] 11 2.4 SOURCE QUALITY CONTROL [NOT USED] 12 PART 3 - EXECUTION 13 3.1 INSTALLERS [NOT USED] 14 3.2 EXAMINATION [NOT USED] 15 3.3 PREPARATION [NOT USED] 16 3.4 APPLICATION [NOT USED] 17 3.5 REPAIR / RESTORATION [NOT USED] 18 3.6 RE-INSTALLATION [NOT USED] 19 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 20 3.8 SYSTEM STARTUP [NOT USED] 21 3.9 ADJUSTING [NOT USED] 22 3.10 CLEANING 23 A. General 24 1. Prevent accumulation of wastes that create hazardous conditions. 25 2. Conduct cleaning and disposal operations to comply with laws and safety orders of 26 governing authorities. 27 3. Do not dispose of volatile wastes such as mineral spirits, oil or paint thinner in 28 storm or sanitary drains or sewers. 29 4. Dispose of degradable debris at an approved solid waste disposal site. 30 5. Dispose of nondegradable debris at an approved solid waste disposal site or in an 31 alternate manner approved by City and regulatory agencies. 32 33 34 35 36 01 74 23- 3 DAP CLEANING Page 3 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 6. Handle materials in a controlled manner with as few handlings as possible. 1 7. Thoroughly clean, sweep, wash and polish all Work and equipment associated with 2 this project. 3 8. Remove all signs of temporary construction and activities incidental to construction 4 of required permanent Work. 5 9. If project is not cleaned to the satisfaction of the City, the City reserves the right to 6 have the cleaning completed at the expense of the Contractor. 7 10. Do not burn on-site. 8 B. Intermediate Cleaning during Construction 9 1. Keep Work areas clean so as not to hinder health, safety or convenience of 10 personnel in existing facility operations. 11 2. At maximum weekly intervals, dispose of waste materials, debris and rubbish. 12 3. Confine construction debris daily in strategically located container(s): 13 a. Cover to prevent blowing by wind 14 b. Store debris away from construction or operational activities 15 c. Haul from site at a minimum of once per week 16 4. Vacuum clean interior areas when ready to receive finish painting. 17 a. Continue vacuum cleaning on an as-needed basis, until Final Acceptance. 18 5. Prior to storm events, thoroughly clean site of all loose or unsecured items, which 19 may become airborne or transported by flowing water during the storm. 20 C. Exterior (Site or Right of Way) Final Cleaning 21 1. Remove trash and debris containers from site. 22 a. Re-seed areas disturbed by location of trash and debris containers in accordance 23 with Section 32 92 13. 24 2. Sweep roadway to remove all rocks, pieces of asphalt, concrete or any other object 25 that may hinder or disrupt the flow of traffic along the roadway. 26 3. Clean any interior areas including, but not limited to, vaults, manholes, structures, 27 junction boxes and inlets. 28 4. If no longer required for maintenance of erosion facilities, and upon approval by 29 City, remove erosion control from site. 30 Clean signs, lights, signals, etc. 31 3.11 CLOSEOUT ACTIVITIES [NOT USED] 32 3.12 PROTECTION [NOT USED] 33 3.13 MAINTENANCE [NOT USED] 34 3.14 ATTACHMENTS [NOT USED] 35 36 37 38 39 40 01 74 23- 4 DAP CLEANING Page 4 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 END OF SECTION 1 2 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP application 3 01 77 19- 1 DAP CLOSEOUT REQUIREMENTS Page 1 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 SECTION 01 77 19 1 CLOSEOUT REQUIREMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. The procedure for closing out a contract 6 B. Deviations from this City of Fort Worth Standard Specification 7 1. None. 8 C. Related Specification Sections include, but are not necessarily limited to: 9 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 10 1. Division 1 – General Requirements 11 1.2 PRICE AND PAYMENT PROCEDURES 12 A. Measurement and Payment 13 1. Work associated with this Item is considered subsidiary to the various Items bid. 14 No separate payment will be allowed for this Item. 15 1.3 REFERENCES [NOT USED] 16 1.4 ADMINISTRATIVE REQUIREMENTS 17 A. Guarantees, Bonds and Affidavits 18 1. No application for final payment will be accepted until all guarantees, bonds, 19 certificates, licenses and affidavits required for Work or equipment as specified are 20 satisfactorily filed with the City. 21 B. Release of Liens or Claims 22 1. No application for final payment will be accepted until satisfactory evidence of 23 release of liens has been submitted to the City. 24 1.5 SUBMITTALS 25 A. Submit all required documentation to City’s Project Representative. 26 01 77 19- 2 DAP CLOSEOUT REQUIREMENTS Page 2 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 1.6 INFORMATIONAL SUBMITTALS [NOT USED] 1 1.7 CLOSEOUT SUBMITTALS [NOT USED] 2 PAT 2 - PRODUCTS [NOT USED] 3 PART 3 - EXECUTION 4 3.1 INSTALLERS [NOT USED] 5 3.2 EXAMINATION [NOT USED] 6 3.3 PREPARATION [NOT USED] 7 3.4 CLOSEOUT PROCEDURE 8 A. Prior to requesting Final Inspection, submit: 9 1. Project Record Documents in accordance with Section 01 78 39 10 2. Operation and Maintenance Data, if required, in accordance with Section 01 78 23 11 B. Prior to requesting Final Inspection, perform final cleaning in accordance with Section 12 01 74 23. 13 C. Final Inspection 14 1. After final cleaning, provide notice to the City Project Representative that the Work 15 is completed. 16 a. The City will make an initial Final Inspection with the Contractor present. 17 b. Upon completion of this inspection, the City will notify the Contractor, in 18 writing within 10 business days, of any particulars in which this inspection 19 reveals that the Work is defective or incomplete. 20 2. Upon receiving written notice from the City, immediately undertake the Work 21 required to remedy deficiencies and complete the Work to the satisfaction of the 22 City. 23 3. Upon completion of Work associated with the items listed in the City's written 24 notice, inform the City, that the required Work has been completed. Upon receipt 25 of this notice, the City, in the presence of the Contractor, will make a subsequent 26 Final Inspection of the project. 27 4. Provide all special accessories required to place each item of equipment in full 28 operation. These special accessory items include, but are not limited to: 29 a. Specified spare parts 30 b. Adequate oil and grease as required for the first lubrication of the equipment 31 c. Initial fill up of all chemical tanks and fuel tanks 32 d. Light bulbs 33 e. Fuses 34 f. Vault keys 35 g. Handwheels 36 h. Other expendable items as required for initial start-up and operation of all 37 equipment 38 D. Notice of Project Completion 39 40 01 77 19- 3 DAP CLOSEOUT REQUIREMENTS Page 3 of 3 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 1. Once the City Project Representative finds the Work subsequent to Final Inspection 1 to be satisfactory, the City will issue a Notice of Project Completion (Green Sheet). 2 E. Supporting Documentation 3 1. Coordinate with the City Project Representative to complete the following 4 additional forms: 5 a. Final Payment Request 6 b. Statement of Contract Time 7 c. Affidavit of Payment and Release of Liens 8 d. Consent of Surety to Final Payment 9 e. Pipe Report (if required) 10 f. Contractor’s Evaluation of City 11 g. Performance Evaluation of Contractor 12 F. Letter of Final Acceptance 13 1. Upon review and acceptance of Notice of Project Completion and Supporting 14 Documentation, in accordance with General Conditions, City will issue Letter of 15 Final Acceptance and release the Final Payment Request for payment. 16 3.5 REPAIR / RESTORATION [NOT USED] 17 3.6 RE-INSTALLATION [NOT USED] 18 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 19 3.8 SYSTEM STARTUP [NOT USED] 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 4/7/2014 M.Domenech Revised for DAP application 29 01 78 23- 1 DAP OPERATION AND MAINTENANCE DATA Page 1 of 5 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 SECTION 01 78 23 1 OPERATION AND MAINTENANCE DATA 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Product data and related information appropriate for City's maintenance and 6 operation of products furnished under Contract 7 2. Such products may include, but are not limited to: 8 a. Traffic Controllers 9 b. Irrigation Controllers (to be operated by the City) 10 c. Butterfly Valves 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.2 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS 22 A. Schedule 23 1. Submit manuals in final form to the City within 30 calendar days of product 24 shipment to the project site. 25 1.5 SUBMITTALS 26 A. Submittals shall be in accordance with Section 01 33 00. All submittals shall be 27 approved by the City prior to delivery. 28 1.6 INFORMATIONAL SUBMITTALS 29 A. Submittal Form 30 1. Prepare data in form of an instructional manual for use by City personnel. 31 2. Format 32 a. Size: 8 ½ inches x 11 inches 33 b. Paper 34 1) 40 pound minimum, white, for typed pages 35 2) Holes reinforced with plastic, cloth or metal 36 c. Text: Manufacturer’s printed data, or neatly typewritten 37 38 39 01 78 23- 2 DAP OPERATION AND MAINTENANCE DATA Page 2 of 5 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 d. Drawings 1 1) Provide reinforced punched binder tab, bind in with text 2 2) Reduce larger drawings and fold to size of text pages. 3 e. Provide fly-leaf for each separate product, or each piece of operating 4 equipment. 5 1) Provide typed description of product, and major component parts of 6 equipment. 7 2) Provide indexed tabs. 8 f. Cover 9 1) Identify each volume with typed or printed title "OPERATING AND 10 MAINTENANCE INSTRUCTIONS". 11 2) List: 12 a) Title of Project 13 b) Identity of separate structure as applicable 14 c) Identity of general subject matter covered in the manual 15 3. Binders 16 a. Commercial quality 3-ring binders with durable and cleanable plastic covers 17 b. When multiple binders are used, correlate the data into related consistent 18 groupings. 19 4. If available, provide an electronic form of the O&M Manual. 20 B. Manual Content 21 1. Neatly typewritten table of contents for each volume, arranged in systematic order 22 a. Contractor, name of responsible principal, address and telephone number 23 b. A list of each product required to be included, indexed to content of the volume 24 c. List, with each product: 25 1) The name, address and telephone number of the subcontractor or installer 26 2) A list of each product required to be included, indexed to content of the 27 volume 28 3) Identify area of responsibility of each 29 4) Local source of supply for parts and replacement 30 d. Identify each product by product name and other identifying symbols as set 31 forth in Contract Documents. 32 2. Product Data 33 a. Include only those sheets which are pertinent to the specific product. 34 b. Annotate each sheet to: 35 1) Clearly identify specific product or part installed 36 2) Clearly identify data applicable to installation 37 3) Delete references to inapplicable information 38 3. Drawings 39 a. Supplement product data with drawings as necessary to clearly illustrate: 40 1) Relations of component parts of equipment and systems 41 2) Control and flow diagrams 42 b. Coordinate drawings with information in Project Record Documents to assure 43 correct illustration of completed installation. 44 c. Do not use Project Record Drawings as maintenance drawings. 45 4. Written text, as required to supplement product data for the particular installation: 46 a. Organize in consistent format under separate headings for different procedures. 47 b. Provide logical sequence of instructions of each procedure. 48 01 78 23- 3 DAP OPERATION AND MAINTENANCE DATA Page 3 of 5 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 5. Copy of each warranty, bond and service contract issued 1 a. Provide information sheet for City personnel giving: 2 1) Proper procedures in event of failure 3 2) Instances which might affect validity of warranties or bonds 4 C. Manual for Materials and Finishes 5 1. Submit 5 copies of complete manual in final form. 6 2. Content, for architectural products, applied materials and finishes: 7 a. Manufacturer's data, giving full information on products 8 1) Catalog number, size, composition 9 2) Color and texture designations 10 3) Information required for reordering special manufactured products 11 b. Instructions for care and maintenance 12 1) Manufacturer's recommendation for types of cleaning agents and methods 13 2) Cautions against cleaning agents and methods which are detrimental to 14 product 15 3) Recommended schedule for cleaning and maintenance 16 3. Content, for moisture protection and weather exposure products: 17 a. Manufacturer's data, giving full information on products 18 1) Applicable standards 19 2) Chemical composition 20 3) Details of installation 21 b. Instructions for inspection, maintenance and repair 22 D. Manual for Equipment and Systems 23 1. Submit 5 copies of complete manual in final form. 24 2. Content, for each unit of equipment and system, as appropriate: 25 a. Description of unit and component parts 26 1) Function, normal operating characteristics and limiting conditions 27 2) Performance curves, engineering data and tests 28 3) Complete nomenclature and commercial number of replaceable parts 29 b. Operating procedures 30 1) Start-up, break-in, routine and normal operating instructions 31 2) Regulation, control, stopping, shut-down and emergency instructions 32 3) Summer and winter operating instructions 33 4) Special operating instructions 34 c. Maintenance procedures 35 1) Routine operations 36 2) Guide to "trouble shooting" 37 3) Disassembly, repair and reassembly 38 4) Alignment, adjusting and checking 39 d. Servicing and lubrication schedule 40 1) List of lubricants required 41 e. Manufacturer's printed operating and maintenance instructions 42 f. Description of sequence of operation by control manufacturer 43 1) Predicted life of parts subject to wear 44 2) Items recommended to be stocked as spare parts 45 g. As installed control diagrams by controls manufacturer 46 h. Each contractor's coordination drawings 47 1) As installed color coded piping diagrams 48 01 78 23- 4 DAP OPERATION AND MAINTENANCE DATA Page 4 of 5 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 i. Charts of valve tag numbers, with location and function of each valve 1 j. List of original manufacturer's spare parts, manufacturer's current prices, and 2 recommended quantities to be maintained in storage 3 k. Other data as required under pertinent Sections of Specifications 4 3. Content, for each electric and electronic system, as appropriate: 5 a. Description of system and component parts 6 1) Function, normal operating characteristics, and limiting conditions 7 2) Performance curves, engineering data and tests 8 3) Complete nomenclature and commercial number of replaceable parts 9 b. Circuit directories of panelboards 10 1) Electrical service 11 2) Controls 12 3) Communications 13 c. As installed color coded wiring diagrams 14 d. Operating procedures 15 1) Routine and normal operating instructions 16 2) Sequences required 17 3) Special operating instructions 18 e. Maintenance procedures 19 1) Routine operations 20 2) Guide to "trouble shooting" 21 3) Disassembly, repair and reassembly 22 4) Adjustment and checking 23 f. Manufacturer's printed operating and maintenance instructions 24 g. List of original manufacturer's spare parts, manufacturer's current prices, and 25 recommended quantities to be maintained in storage 26 h. Other data as required under pertinent Sections of Specifications 27 4. Prepare and include additional data when the need for such data becomes apparent 28 during instruction of City's personnel. 29 1.7 CLOSEOUT SUBMITTALS [NOT USED] 30 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 31 1.9 QUALITY ASSURANCE 32 A. Provide operation and maintenance data by personnel with the following criteria: 33 1. Trained and experienced in maintenance and operation of described products 34 2. Skilled as technical writer to the extent required to communicate essential data 35 3. Skilled as draftsman competent to prepare required drawings 36 37 01 78 23- 5 DAP OPERATION AND MAINTENANCE DATA Page 5 of 5 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 1.10 DELIVERY, STORAGE, AND HANDLING [NOT USED] 1 1.11 FIELD [SITE] CONDITIONS [NOT USED] 2 1.12 WARRANTY [NOT USED] 3 PART 2 - PRODUCTS [NOT USED] 4 PART 3 - EXECUTION [NOT USED] 5 END OF SECTION 6 7 Revision Log DATE NAME SUMMARY OF CHANGE 8/31/2012 D. Johnson 1.5.A.1 – title of section removed 4/7/2014 M.Domenech Revised for DAP Application 8 01 78 39- 1 DAP PROJECT RECORD DOCUMENTS Page 1 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 SECTION 01 78 39 1 PROJECT RECORD DOCUMENTS 2 PART 1 - GENERAL 3 1.1 SUMMARY 4 A. Section Includes: 5 1. Work associated with the documenting the project and recording changes to project 6 documents, including: 7 a. Record Drawings 8 b. Water Meter Service Reports 9 c. Sanitary Sewer Service Reports 10 d. Large Water Meter Reports 11 B. Deviations from this City of Fort Worth Standard Specification 12 1. None. 13 C. Related Specification Sections include, but are not necessarily limited to: 14 1. Division 0 – Bidding Requirements, Contract Forms and Conditions of the Contract 15 2. Division 1 – General Requirements 16 1.3 PRICE AND PAYMENT PROCEDURES 17 A. Measurement and Payment 18 1. Work associated with this Item is considered subsidiary to the various Items bid. 19 No separate payment will be allowed for this Item. 20 1.3 REFERENCES [NOT USED] 21 1.4 ADMINISTRATIVE REQUIREMENTS [NOT USED] 22 1.5 SUBMITTALS 23 A. Prior to submitting a request for Final Inspection, deliver Project Record Documents to 24 City’s Project Representative. 25 1.6 ACTION SUBMITTALS/INFORMATIONAL SUBMITTALS [NOT USED] 26 1.7 CLOSEOUT SUBMITTALS [NOT USED] 27 1.8 MAINTENANCE MATERIAL SUBMITTALS [NOT USED] 28 1.9 QUALITY ASSURANCE 29 A. Accuracy of Records 30 1. Thoroughly coordinate changes within the Record Documents, making adequate 31 and proper entries on each page of Specifications and each sheet of Drawings and 32 other Documents where such entry is required to show the change properly. 33 2. Accuracy of records shall be such that future search for items shown in the Contract 34 Documents may rely reasonably on information obtained from the approved Project 35 Record Documents. 36 37 01 78 39- 2 DAP PROJECT RECORD DOCUMENTS Page 2 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 3. To facilitate accuracy of records, make entries within 24 hours after receipt of 1 information that the change has occurred. 2 4. Provide factual information regarding all aspects of the Work, both concealed and 3 visible, to enable future modification of the Work to proceed without lengthy and 4 expensive site measurement, investigation and examination. 5 1.10 STORAGE AND HANDLING 6 A. Storage and Handling Requirements 7 1. Maintain the job set of Record Documents completely protected from deterioration 8 and from loss and damage until completion of the Work and transfer of all recorded 9 data to the final Project Record Documents. 10 2. In the event of loss of recorded data, use means necessary to again secure the data 11 to the City's approval. 12 a. In such case, provide replacements to the standards originally required by the 13 Contract Documents. 14 1.11 FIELD [SITE] CONDITIONS [NOT USED] 15 1.12 WARRANTY [NOT USED] 16 PART 2 - PRODUCTS 17 2.1 OWNER-FURNISHED [OR] OWNER-SUPPLIED PRODUCTS [NOT USED] 18 2.2 RECORD DOCUMENTS 19 A. Job set 20 1. Promptly following receipt of the Notice to Proceed, secure from the City, at no 21 charge to the Contractor, 1 complete set of all Documents comprising the Contract. 22 B. Final Record Documents 23 1. At a time nearing the completion of the Work and prior to Final Inspection, provide 24 the City 1 complete set of all Final Record Drawings in the Contract. 25 2.3 ACCESSORIES [NOT USED] 26 2.4 SOURCE QUALITY CONTROL [NOT USED] 27 PART 3 - EXECUTION 28 3.1 INSTALLERS [NOT USED] 29 3.2 EXAMINATION [NOT USED] 30 3.3 PREPARATION [NOT USED] 31 3.4 MAINTENANCE DOCUMENTS 32 A. Maintenance of Job Set 33 1. Immediately upon receipt of the job set, identify each of the Documents with the 34 title, "RECORD DOCUMENTS - JOB SET". 35 36 37 38 01 78 39- 3 DAP PROJECT RECORD DOCUMENTS Page 3 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 2. Preservation 1 a. Considering the Contract completion time, the probable number of occasions 2 upon which the job set must be taken out for new entries and for examination, 3 and the conditions under which these activities will be performed, devise a 4 suitable method for protecting the job set. 5 b. Do not use the job set for any purpose except entry of new data and for review 6 by the City, until start of transfer of data to final Project Record Documents. 7 c. Maintain the job set at the site of work. 8 3. Coordination with Construction Survey 9 a. At a minimum clearly mark any deviations from Contract Documents 10 associated with installation of the infrastructure. 11 4. Making entries on Drawings 12 a. Record any deviations from Contract Documents. 13 b. Use an erasable colored pencil (not ink or indelible pencil), clearly describe the 14 change by graphic line and note as required. 15 c. Date all entries. 16 d. Call attention to the entry by a "cloud" drawn around the area or areas affected. 17 e. In the event of overlapping changes, use different colors for the overlapping 18 changes. 19 5. Conversion of schematic layouts 20 a. In some cases on the Drawings, arrangements of conduits, circuits, piping, 21 ducts, and similar items, are shown schematically and are not intended to 22 portray precise physical layout. 23 1) Final physical arrangement is determined by the Contractor, subject to the 24 City's approval. 25 2) However, design of future modifications of the facility may require 26 accurate information as to the final physical layout of items which are 27 shown only schematically on the Drawings. 28 b. Show on the job set of Record Drawings, by dimension accurate to within 1 29 inch, the centerline of each run of items. 30 1) Final physical arrangement is determined by the Contractor, subject to the 31 City's approval. 32 2) Show, by symbol or note, the vertical location of the Item ("under slab", "in 33 ceiling plenum", "exposed", and the like). 34 3) Make all identification sufficiently descriptive that it may be related 35 reliably to the Specifications. 36 c. The City may waive the requirements for conversion of schematic layouts 37 where, in the City's judgment, conversion serves no useful purpose. However, 38 do not rely upon waivers being issued except as specifically issued in writing 39 by the City. 40 B. Final Project Record Documents 41 1. Transfer of data to Drawings 42 a. Carefully transfer change data shown on the job set of Record Drawings to the 43 corresponding final documents, coordinating the changes as required. 44 b. Clearly indicate at each affected detail and other Drawing a full description of 45 changes made during construction, and the actual location of items. 46 . Call attention to each entry by drawing a "cloud" around the area or areas 47 affected. 48 01 78 39- 4 DAP PROJECT RECORD DOCUMENTS Page 4 of 4 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 d. Make changes neatly, consistently and with the proper media to assure 1 longevity and clear reproduction. 2 2. Transfer of data to other Documents 3 a. If the Documents, other than Drawings, have been kept clean during progress of 4 the Work, and if entries thereon have been orderly to the approval of the City, 5 the job set of those Documents, other than Drawings, will be accepted as final 6 Record Documents. 7 b. If any such Document is not so approved by the City, secure a new copy of that 8 Document from the City at the City's usual charge for reproduction and 9 handling, and carefully transfer the change data to the new copy to the approval 10 of the City. 11 3.5 REPAIR / RESTORATION [NOT USED] 12 3.6 RE-INSTALLATION [NOT USED] 13 3.7 FIELD [OR] SITE QUALITY CONTROL [NOT USED] 14 3.8 SYSTEM STARTUP [NOT USED] 15 3.9 ADJUSTING [NOT USED] 16 3.10 CLEANING [NOT USED] 17 3.11 CLOSEOUT ACTIVITIES [NOT USED] 18 3.12 PROTECTION [NOT USED] 19 3.13 MAINTENANCE [NOT USED] 20 3.14 ATTACHMENTS [NOT USED] 21 END OF SECTION 22 23 Revision Log DATE NAME SUMMARY OF CHANGE 4/7/2014 M.Domenech Revised for DAP Application 24 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 APPENDIX GR-01 60 00 CITY OF FORT WORTH 314 S. Main Street – Building Shell Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS – DEVELOPER AWARDED PROJECTS CPN: 104390 Revised April 7, 2014 GR-01 60 00 PRODUCT REQUIREMENTS FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/29/2022 Note: All water or sewer .i. a lar• er than 15 inch diameter shall be a roved for use b the Water De artment on a ro'ect s ecific basis. S .ecial beddin ma be re aired for some i es. Approval Spec No. Classsification Manufacturer Model No. National Spec Size Water & Sewer - Manholes & Bases/Components 33-39-10 (Rev 2/3/16) 07/23/97 33 05 13 04/26/00 33 05 13 04/26'00 33 05 13 1/26/99 33 05 13 5/13/05 33 05 13 Urethane Hydrophilic Waterston Offset Joint for 4' Diam. MH Profile Gasket for 4' Diam. MH. HDPE Manhole Adjustment Rings Manhole External Wrap Asahi Kogvo K.K. Hanson Concrete Products Press -Seal Gasket Corp. Ladtech, Inc Canusa - CPS Adeka Ultra -Seal P-201 Drawing No. 35-0048-001 250-4G Gasket HDPE Adjustment Ring WrapidSeal Manhole Encapsulation System ASTM D2240/D412/D792 ASTM C-443/C-361 SS MH Traffic and Non -traffic area r- Water & Sewer - Manholes & Bases/Fiberglass 33-39-13 (1/8/13 I /26/99 33 39 13 Fiberglass Manhole Fluid Containment, Inc. Flownte ASTM 3753 Non -traffic area 08/3N06 33 39 13 Fiberglass Manhole L.F. Manufacturing Non -traffic area Water & Sewer - Manholes & Bases/Frames & Covers/Rectangular 33-05-13 (Rev 2/3/16) 33 05 13 'Manhole Frames and Covers 1 Western Iron Works, Bass & Hays Foundry 1001 24"x40" WD 1" Western Iron Works, Bass & Hays Foundry WateWate=wer - Manholes & Bases/Frames & Covers/Standard (Round) 33-05-13 (Rev 2/3/16 33 05 13 Manhole Frames and Covers * 33 05 13 Manhole Frames and Covers 08/24/18 08/24/18 08/24/18 08/24/18 10/31/06 7/25/03 01/31/06 11/02/10 07/19/11 08/10/11 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 33 05 13 Manhole Frames and Covers Manhole Frames and Covers Manhole Frames and Covers Manhole Frames and Covers Manhole Frames and Covers Manhole Frames and Covers Manhole Frames and Covers Manhole Frames and Covers Manhole Frames and Covers (Hinged) Manhole Frames and Covers 30" Dia. MH Ring and Cover 30" Dia. MH Ring and Cover 30" Dia. MH Ring and Cover 30" Dia. MH Ring and Cover 10/14/13 33 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) 06/01/17 34 05 13 30" Dia. MH Ring and Cover (Hinged & Lockable) CI 09/16/19 33 05 13 30" Dia. MH Ring and Cover 10/07/21 34 05 13 30" Dia. MH Ring and Cover 30024 McKinley Iron Works Inc. A 24 AM Neenah Foundry R-1272 Neenah Foundry R- 165-LM (Hinged) Neenah Foundry NF 1274 Neenah Foundry R-1743-LM (Hinged) Sigma Corporation MH-144N Sigma Corporation MH-143N Pont-A-Mousson GTS-STD Neenah Casting Powerseal Hinged Ductile Iron Manhole Saint-Gobain Pipelines (Pamrex/rexus) RE32-R8FS East Jordan Iron Works V1432-2 and V1483 Designs Sigma Corporation MH1651FWN & MH16502 Star Pipe Products MH32FTWSS-DC Accucast 220700 Heavy Duty with Gasket Ring 30" ERGO XL Assembly East Jordan Iron Works with Cam Lock/MPIC/T-Gasket SIP Industries 2280 (32") CAP-ONE-30-FTW, Composite, w/ Lock Composite Access Products, L.P. w/o Hing Trumbull Manufacturing 32"(30") Frame and Cover es & Bases/Frames & Covers/Water Tight & Pressure Tight 33-05-13 (Rev 2/3/1-11 33 05 13 Manhole Frames and Covers Pont-A-Mousson Pamtight * 33 05 13 Manhole Frames and Covers Neenah Casting * 33 05 13 Manhole Frames and Covers Western Iron Works,Bass & Hays Foundry 300-24P * 33 05 13 Manhole Frames and Covers McKinley Iron Works Inc. WPA24AM 03/08/00 33 05 13 Manhole Frames and Covers Accucast RC-2100 04/20/01 33 05 13 Manhole Frames and Covers (SIP)Serampore Industries Private Ltd. 300-24-23.75 Ring and Cover Manholes & Bases/Precast Concrete (tev 1/8/1 33 3nhole, Precast Concrete * 33 39 10 Manhole, Precast Concrete 09/23/96 33 39 10 Manhole, Precast Concrete 05/08/18 33 39 10 Manhole, Precast Concrete 10/27/06 33 39 10 Manhole, Precast Concrete 06/09/10 33 39 10 Manhole, Precast (Reinforced Polymer)Concrete 09/06/19 33 39 20 Manhole, Precast Concrete 10/07/21 32 39 20 Manhole, Precast Concrete 10/07/21 33 3920 Manhole, Precast (Reinforced Polymer) Concrete 10/07/21 33 39 20 Manhole, Precast (Hybrid) Polymer & PVC 04/23/01 4/20/01 5/12/03 08/30/06 Hydro Conduit Corp Wall Concrete Pipe Co. Inc Concrete Product Inc. The Turner Company Oldcastle Precast Inc US Composite Pipe Forterra Pipe and Precast Forterra Pipe and Precast Armorock Predl Systems ater & Sewell- Manholes & Bases/Rehab Svstems/Cementitious El-14 Manhole Rehab Systems EI-14 Manhole Rehab Systems E1-14 Manhole Rehab Systems E1-14 Manhole Rehab System E1-14 Manhole Rehab System (Omer) General Concrete Repair YYnter & 05/20/96 12/14/01 01/31/06 8/28/2006 08/30/06 EI-14 EI-14 Sewer - Manholes & Bases/Rehab Manhole Rehab Systems Manhole Rehab Systems Ouadex Standard Cement Materials, Inc. AP/M Permaform Strong Company Poly -triplex Technologies FlexKrete Technologies Svstems/NonCementitious� Spravroq, Sun Coast Coating for Corrosion protection(Exterior) Coatings for Corrosion Protection Coatings for Corrosion Protection Coatings for Corrosion Protection 33 05 16, 33 39 10, 03/19/18 33 39 20 Coating for Corrosion protection(Exterior) ERTECH Chesterton Warren Environmental Citadel Sherwin Williams SPL Item #49 48" I.D. Manhole w/ 32° Cone 48", 60" I.D. Manhole w/ 32° Cone 48" I.D. Manhole w/ 24° Cone Reinforced Polymer Concrete 60" & 72" I.D. Manhole w/32" Cone 48" I.D. Manhole w/32° Cone 48" & 60" I.D. Manhole w/32" Cone 48" & 60" I.D. Manhole w/32" Cone Reliner MSP Strong Seal MS2A Rehab System MH repair product to stop infiltration Vinyl Polyester Repair Product Spray Wall Polyurethane Coating Series 20230 and 2100 (Amharic Emulsion) Arc 791, SI HB, 51, 52 S-301 and M-301 SLS-30 Solids Egpx RR&C Dampproofing Non-Nibered Spray Grade (Amharic Emulsion) ASTM A48 & AASHTO M306 ASTM A48 & AASHTO M306 ASTM A48 & AASHTO M306 ASTM A48 & AASHTO M306 ASTM A536 AASHTO M306-04 ASSHTO M105 & ASTM A536 ASTM A 48 ASTM A 48 ASTM A 48 ASTM C 478 ASTM C-443 ASTM C 478 ASTM C 478 ASTM C 478 ASTM C-76 ASTM C-76 ASTM C-77 ASTM D5813 ASTM D639/D790 Acid Resistance Test 24" Dia. 24" Dia. 24" Dia. 24" Dia. 30" Dia. 30" dia. 24" dia. 24" dia. 24" Dia. 30" Dia. 30" Dia. 30" Dia 30" Dia 30" Dia 30" Dia 30" Dia. 30" Dia. 30" Dia. 24" Dia. 24" Dia. 24" Dia. 24" Dia. 24" Dia. 24'. Dia. 48" 48" 48" w/32" cone 48" Diam w 24" Ring 48" to 72" 60" & 72" 48" 48" & 60'. 48'. & 60" Non Traffic Areas Misc. Use For Exterior Coating of Concrete Structures Only Sewer Applications Sewer Applications Sewer Applications For Exterior Coating of Concrete Structures Only * From Original Standard Products List FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/29/2022 Note: All water or sewer .1. - Approval Spec No. Classsification e lar• er than 15 inch diameter shall be a roved for use b the Water De artment on a ro'ect s ecific basis. S ecial beddin ma be re uired for some .i. es. National Spec Manufacturer Model No. Size Water & Sewer - Manhole Inserts - Field Operations Use Only (Rev 2/3/161 * 33 05 13 Manhole Insert Knutson Enterprises * 33 05 13 Manhole Insert South Western Packaging 09/23/96 09/23/96 33 05 13 33 05 13 33 05 13 Manhole Insert Manhole Insert Manhole Insert wxFer ce �'ever - PL asme Spacers 33-05-24 (07/01/ 11/04/02 Steel Band Casing Spacers 02/02/93 Stainless Steel Casing Spacer 04/22/87 09/14/10 09/14/10 05/10/11 03/19/18 03/19/18 Casing Spacers Stainless Steel Casing Spacer Coated Steel Coin Spacers Stainless Steel Casing Spacer Casing Spacers Casing Spacers Noflow-Inflow Southwestern Packing & Seals, Inc. Southwestern Packing & Seals, Inc. Advanced Products and Systems, Inc. Advanced Products and Systems, Inc. Cascade Waterworks Manufacturing Pipeline Seal and Insulator Pipeline Seal and Insulator Powerseal BWM BWM • Made to Order - Plastic Made to Order - Plastic Made to Order - Plastic LifeSaver - Stainless Steel TetherLok - Stainless Steel Carbon Steel Spacers, Model SI Stainless Steel Spacer, Model SSI Casing Spacers Stainless Steel Casing Spacer Coated Steel Coin Spacers 4810 Powerchock SS-12 Casing Spacer(Stainless Steel) FB-12 Casing Spacer (Coated Carbon Steel) for Non_pressure Pipe and Grouted Casing ASTM D 1248 ASTM D 1248 ASTM D 1248 For 24" dia. For 24" dia. For 24" dia. For 24" dia. For 24" dia Up to 48" Up to 48" Up to 48" 03/29/22 I 33 05 13 Casing Spacers CCI Pipeline Systems CSC12, CSS12 I = 08/24/18 08/24/18 Water & Sewer - Pines/Ductile Iron 33-11-10(1/8/13), 33 11 10 33 11 10 33 11 10 33 11 10 33 11 10 Ductile Iron Pipe Ductile Iron Pipe Ductile Iron Pipe Ductile iron Pipe Ductile Iron Pipe Gnffin Pipe Products, Co. American Ductile Iron Pipe Co. American Ductile Iron Pipe Co. U.S. Pipe and Foundry Co. McWane Cast Iron Pipe Co. Super Bell-Tite Ductile Iron Pressure Pipe, American Fastite Pipe (Bell Spwpt) American Flex Ring (Restrained Joint) AWWA C150, C151 AWWA C150, C151 AWWA C150, C151 AWWA C150, C151 AWWA C150, C151 3" thru 24" 4" thru 30" 4" thru 30" Water & Sewer - Utility Line Marker (08/24/2018) Sewer - Coatings/Enoxv 33-39-60 (O1/08/13) 02/25/02 Epoxy Lining System 12/14/01 Epoxy Lining System I 04/14,05 Interior Ductile Iron Pine Coating I 01/31/06 Coatings for Corrosion Protection I 8/28/2006 Coatings for Corrosion Protection 'Sewer - Coating1s/Polyurethane I Sewer - Combination Air Valves 05/25'18 33-31-70 lAir Release Valve Sewer - Pipes/Concrete EI-04 Conc. Pipe, Reinforced E1-04 Conc. Pine, Reinforced E1-04 Conc. Pine, Reinforced E1-04 Conc. Pipe, Reinforced i Sauereisen, Inc Ertech Technical Coatings Induron Chesterton Warren Environmental A.R.I. USA. Inc. Wall Concrete Pine Co. Inc. Hydro Conduit Corporation Hanson Concrete Products Concrete Pine & Products Co. Inc. SewerGard 210RS Ertech 2030 and 2100 Series Protecto 401 Arc 791, SIRE, Si. S2 S-301 and M-301 D025LTP02(Composite Body) Class III T&G, SPL Item #77 SPL h_ #95 ""e..l.-1 , "9C '\,tu Sewer - Pipe Enlargment System (Method)33-31-23 (01/18/13) PIM System PIM Corporation Polyethylene McConnell Systems MCLat Construction Polyethylene TRS Systems Trenchless Replacement System Polyethylene Sewer - Pine/Fiber''lass Reinforced Pine 33-31-13(1/8/13) 7/21/97 33 31 13 Cent. Cast Fiberglass (FRP) I 03/22/10 33 31 13 Fiberglass Pine (FRP) I 04/09/21 Glass -Fiber Reinforced Polymer Pine (FRP) I 4/14 05 Polymer Modified Concrete Pine I 06/09/10 E1-9 Reinforced Polymer Concrete Pine Hobas Pipe USA, Inc. Ameron Thompson Pine Grout, Amitech USA US Composite Pine Hobas Pine (Non -Pressure) Bondstrand RPMP Pine Thompson Pipe (Flowtite) Meyer Polvcrete Pine Reinforced Polymer Concrete Pine LA County #210-1.33 ASTM B-117 Acid Resistance Test ASTM C 76 ASTM C 76 ASTM C 76 ASTM C 76 PIM Corp., Piscata Way, N.J. Houston, Texas Calgary, Canada ASTM D3262/133754 ASTM D3262/133754 ASTM D3262/D3754 ASTM C33, A276, F477 ASTM C-76 Ductile Iron Pipe Only Sewer Applications Sewer Applications 2" Approved Previously Approved Previously Approved Previously 8" to 102", Class V Sewer - Pines/13DPE 33-31-23(1/8/la High -density polyethylene pipe High -density polvethvlene time High -density polyethylene pipe High -density polyethylene vine Phillips Driscopine, Inc. Plexco Inc. Polly Pipe, Inc. CSR Hydro Conduit/Pipeline Systems Opticore Ductile Polyethylene Pipe McConnell Pine Enlargement PVC Pressure Pipe Royal Seal PVC Pressure Pipe ASTM D 1248 ASTM D 1248 ASTM D 1248 ASTM D 1248 8" 8„ 8„ Sewer - Pipes/PVC (Pressure Sewer) 33-11-12 (4/1/13) 1 /0 /11 33-11-14 DR-14 PVC Pressure Pipe 10/22/14 33-11-12 DR-14 PVC Pressure Pipe Pipelife Jetstream Royal Building Products AWWA C900 AWWA C900 4" thru 12" 4" thru 12" * From Original Standard Products List 2 FORT WORTH. Note: All water or sewer . i. a lar • er than 15 inch diameter shall be a Approval Spec No. Classsification 12/23/97* 01/18/18 11/11/98 09/11/12 05/06/05 04/27/06 3/19/2018 3/19/2018 3/29/2019 10/21/2020 10/22/2020 10/21/2020 05/03/99 05/29/96 Sewer - Pines/PVC* 33-31-20 (7/1/131 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33-31-20 33 31 20 33 31 20 33 31 20 33 31 20 33 31 20 33 31 20 PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe PVC Solid Wall Pipe PVC Sewer Fittings PVC Sewer Fittings PVC Sewer Pipe PVC Sewer Poe Gasketed Fittings (PVC) PVC Sewer Pipe PVC Sewer Pipe PVC Sewer Pipe CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST oved for use b the Water De artment on a ro'ect s Manufacturer Sewer - Pines/Rehab/CIPP 33-31-12 (O1/18/13) Cured in Place Pipe Cured in Place Pipe Cured in Place Pipe Sewer - Pines/Rehab/Fold & Form Fold and Form Pipe 11/03/98 Fold and Form Pipe Fold and Form Pipe 12/04/00 Fold and Form Pipe 06/09/03 Fold and Form Pipe ines/Onen ProtALaree Diameter 09/26/91 E100-2 09/26/91 E100-2 E100-2 (E100-2) (E100-2) 11/10/10 11/10/10 05/16/11 01/18/18 08/28/02 07/23/12 10/27/87 10/27/87 5/25/2018 5/25/2018 5/25/2018 5/25/2018 5/25/2018 5/25/2018 01/26/00 0/5/21/12 03/29/22 05/10/11 02/29/12 02/29/12 02/29/12 05/10/11 08/30/06 PVC Sewer Pipe, Ribbed PVC Sewer Pipe, Ribbed PVC Sewer Pipe, Ribbed Polypropylene (PP) Sewer Pipe, Double Wall Polypropylene (PP) Sewer Pipe, Tnple Wall Steel Reinforced Polyethylene Pipe ater - Annurtenances 33-12-10 33-12-10 33-12-10 33-12-10 33-12-10 33-12-10 Curb Stops -Ball Meter Valves 33-12-10 Curb Stops -Ball Meter Valves 33-12-10 Curb Stops -Ball Meter Valves 33-12-10 Curb Stops -Ball Meter Valves Double Strap Saddle Double Strap Saddle Double Strap Service Saddle Curb Stops -Ball Meter Valves Curb Stops -Ball Meter Valves 33-12-25 33-12-25 33-12-25 33-12-25 33-12-25 Curb Stops -Ball Meter Valves Curb Stops -Ball Meter Valves Coated Tapping Saddle with Double SS Straps Tapping Sleeve (Coated Steel) (Tapping Sleeve (Coated or Stainless Steel) Tapping Sleeve (Stainless Steep Tapping Sleeve (Coated Steel) Tapping Sleeve (Stainless Steep Tapping Sleeve (Stainless Steep Joint Repair Clamp Plastic Meter Box w/Composite Lid Plastic Meter Box w/Composite Lid Plastic Meter Box w/Composite Lid Concrete Meter Box Concrete Meter Box Concrete Meter Box Water - Bolts. Nuts. and Gaskets 33-11-05 (01/08/131 J-M Manufacturing Co., Inc. (JM Eagle) Diamond Plastics Corporation Lamson Vylon Pipe Vinyltech PVC Pipe Diamond Plastics Corporation J-M Manufacturing Co, Inc. (JM Eagle) Pith life Jet Stream Diamond Plastics Corporation Harco Plastic Trends, Inc.(Westlake) Pipelife Jet Stream Pipelife Jet Stream GPK Products, Inc. NAPCO(Westlake) Sanderson Pipe Corp. NAPCO(Westlake) Insituform Texark, Inc National Envuotech Group Reynolds Inc/Inliner Technolgy (Inhner USA) Cullum Pipe Systems, Inc. Insituform Technologies, Inc. American Pipe & Plastics, Inc. Ultraliner Miller Pipeline Coro. Lamson Vylon Pipe Extrusion Technologies, Inc. Uponor ETI Company Advanced Drainage Systems (ADS) Advanced Drainage Systems (ADS) ConTech Construction Products Romac Smith Blair Mueller Company McDonald McDonald Ford Meter Box Co., Inc. Ford Meter Box Co., Inc. Ford Meter Box Co., Inc. Mueller Co., Ltd. Mueller Co., Ltd. Mueller Co., Ltd. JCM Industries, Inc. JCM Industries, Inc. JCM Industries, Inc. Powerseal Romac Romac Romac Powerseal DFW Plastics Inc. DFW Plastics Inc. DFW Plastics Inc. Bass & Hays Bass & Hays Bass & Hays ecific basis. S . ecial beddin Model No. SDR-26 SDR-26 Gravity Sewer "S" Gravity Sewer Pipe SDR 26/35 PS 115/46 SDR-26 and SDR-35 SDR 26/35 PS 115/46 SDR-26 and SDR-35 Gasket Fittings Gasketed PVC Sewer Main Fittings SDR 35 SDR 26 SDR 26 SDR 26 SDR 26 SDR 26/35 PS 115/46 National Liner, (SPL) Item #27 Inliner Technology Insituform "NuPIpe" Ultraliner PVC Alloy Pipeliner EX Method Carlon Vylon H.C. Closed Profile Pipe, Ultra -Rib Open Profile Sewer Pipe SaniTite HP Double Wall (Corrugated) SaniTite HP Tnple Wall Pipe Durmaxx 202NS Nylon Coated #317 Nylon Coated Double Strap Saddle DR2S Double (SS) Strap DI Saddle 6100M,6100MT & 610MT 4603B, 4604B, 6100M, 6100TM and 6101M FB600-7NL, FB1600-7-NL, FV23-777-W-NL, L22-77NL FB600-6-NL, FB1600-6-NL, FV23-666-W- NL, L22-66NL FB600-4-NL, FB1600-4-NL, B11-444-WR- NL, B22444-WR-NL, L28-44NL B-25000N, B-24277N-3, B-20200N-3, H- 15000N„ H-1552N, H142276N B-25000N, B-20200N-3, B-24277N-3,H- 15000N, H-14276N, H-15525N B-25000N, B-20200N-3,H-15000N, H- AWWA C800, ANSF 61, 15530N ANSI/NSF 372 ma be re aired for some Updated: 03/29/2022 es. National Spec . Size ASTM D 3034 ASTM D 3034 ASTM F 789 ASTM D3034 ASTM F 679 ASTM F 679 ASTM F-679 ASTM F-679 ASTM D-3034, D-1784, etc ASTM D 3034 ASTM F679 ASTM D3034 ASTM D3034/F-679 ASTM D3034 ASTM D3034 ASTM F-679 ASTMF 1216 ASTM F-1216/D-5813 ASTMF 1216 ASTM F-1504 ASTM F-1504, 1871, 1867 ASTM F-1504, F-1947 ASTM F 679 ASTM F 679 #406 Double Band SS Saddle 412 Tapping Sleeve ESS 415 Tapping Sleeve 3490AS (Flange) & 3490MJ FTS 420 SST Stainless Steel SST III Stainless Steel 3232 Bell Joint Repair Clamp DFW37C-12-IEPAF FTW DFW39C-12-IEPAF FTW DFW65C-14-IEPAF FTW CMB37-B12 1118 LID-9 CMB-18-Dual 1416 LID-9 CMB65-B65 1527 LID-9 ASTM F 2736 ASTM F 2764 ASTM F 2562 AW WA C800 AWWA C800 AWWA C800 AWWA C800 AWWA C800 AWWA C800, ANSF 61, ANSI/NSF 372 AWWA C800, ANSF 61, ANSI/NSF 372 AWWA C-223 AWWA C-223 AWWA C-223 AWWA C-223 AWWA C-223 4" - 15" 4" thru 15" 4" thru 15" 4" thru 15" 18" to 27" 18"-28" 18" 18" to 48" 4" - 15" 18"- 24" 4"- 15" 4"- 15" 4" - 15" 4"- 15" 18"- 36" Demo Purpose Only Up to 18" diameter 18" to 48" 18" to 48" 30" to 60" 24" to 72" 1 "-2" SVC, up to 24" Pipe 1.-2.. SVC, up to 24" Pipe 3/4" and 1" 1'A" and 2" 2" I-1 2" 1-12" 1" 1"-2" Taps on up to 12'. Up to 30" w/12" Out Concrete Pipe Only 4"-8" and 16" U p to 42" w/24" Out Up to 24" w/12" Out Up to 30" w/12" Out 4" to 30" Class "A" * From Original Standard Products List 3 FORT WORTH. Note: All water or sewer . i. a lar • er than 15 inch diameter shall be a pproval Spec No. Classsification Water - Co EI-11 E1-11 E1-11 CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST oved for use b the Water De artment on a n Air Release 33-31-70 (01 /08/131 Combination Air Release Valve Combination Air Release Valve Combination Air Release Valve rrel Fire Hydrants 33-12-40 (01/15/141 10/01/87 E-1-12 Dry Barrel Fire Hydrant 03/31/88 E-1-12 Dry Barrel Fire Hydrant 09/30/87 E-1-12 Dry Barrel Fire Hydrant 01/12/93 08/24/88 09/24/87 10/14/87 01/15/88 10/09/87 09/16/87 08/12/16 E-1-12 E-1-12 E-1-12 E-1-12 Dry Barrel Fire Hydrant Dry Barrel Fire Hydrant Dry Barrel Fire Hydrant Dry Barrel Fire Hydrant E-1-12 Dry Barrel Fire Hydrant E1-12 E-1-12 E-1-12 33-12-40 Dry Barrel Fire Hydrant Dry Barrel Fire Hydrant Dry Barrel Fire Hydrant Dry Barrel Fire Hydrant Water - Meters 02/05/93 E101-5 Detector Check Meter 08/05/04 Magnetic Drive Vertical Turbine Manufacturer GA Industries, Inc. ro'ects ecific basis. S . ecial beddin Multiplex Manufacturing Co Valve and Primer Corp. American -Darling Valve American Darling Valve Clow Corporation American AVK Company Clow Corporation ITT Kennedy Valve M&H Valve Company Mueller Company Mueller Company U.S. Pine & Foundry Waterous Company EJ (East Jordan Iron Works) Ames Company Hersey Model No. ma be re Empire Air and Vacuum Valve, Model 935 Crispin Air and Vacuum Valves, Model No APCO #143C, #145C and #147C Drawing Nos. 90-18608, 94-18560 Shop Drawing No. 94-18791 Shop Drawing No. D-19895 Model 2700 Drawings D20435, D20436, B20506 Shop Drawing No. D-80783FW Shop Drawing No. 13476 Shop Drawings No. 6461 A-423 Centurion Shop Drawing FH-12 A-423 Super Centurion 200 Shop Drawing No. 960250 Shop Drawing No. SK740803 WaterMaster 5CD250 Model 1000 Detector Check Valve Magnetic Drive Vertical aired for some National Spec ASTM A 126 CI:B, ASTM A 240 - float, ASTM A 307 - Cover Bolts AWWA C-502 AWWA C-502 AWWA C-502 AWWA C-502 AWWA C-502 AWWA C-502 AWWA C-502 AWWA C-502 AWWA C-502 AWWA C-502 AWWA C-502 AWWA C550 AWWA C701, Class 1 Updated: 03/29/2022 es. Size 1/2" 1"&2" I" 2" & 3" Water - Pipes/PVC (Pressure Water) 33-31-70 (01/08/13) 01/18/18 3/19/2018 3/19/2018 5/25/2018 5/25/2018 12/6/2018 12/6/2018 9/6/2019 9/6/2019 9/6/2019 9/6/2019 33-11-12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe 33 11 12 PVC Pressure Pipe Vinyltech PVC Pipe Pipelife Jet Stream Pipelife Jet Stream Diamond Plastics Corporation Diamond Plastics Corporation J-M Manufacturing Co., Inc d/b/a JM Eagle J-M Manufacturing Co., Inc d/b/a JM Eagle Underground Solutions Inc. NAPCO(Westlake) NAPCO(Westlake) Sanderson Pipe Corp. Water - Pines/Valves & Fittings/Ductile Iron Fittings 33-11-11 (01/08/131 07/23/92 E1-07 Ductile Iron Fittings Star Pipe Products, Inc. * E1-07 Ductile Iron Fittings * E1-07 Ductile Iron Fittings 08/11/98 E1-07 Ductile Iron Fittings 02/26/14 E1-07 MJ Fittings 05/14/98 E1-07 Ductile Iron Joint Restraints 05/1498 E1-24 PVC Joint Restraints 11/09/04 E1-07 Ductile Iron Joint Restraints 0229/12 33-11-11 Ductile Iron Pipe Mechanical Joint Restraint 0229/12 33-11-11 PVC Pipe Mechanical Joint Restraint 08 05 04 E1-07 Mechanical Joint Retainer Glands(PVC) 03/06/19 33-11-11 Mechanical Joint Retainer Glands(PVC) 08 05 04 E1-07 Mechanical Joint Retainer Glands(PVC) OS/1098 E1-07 MJ Fittings(DIP) 10/12/10 E1-24 Interior Restrained Joint System OS/16/06 E1-07 Mechanical Joint Fittings 11/07 16 33-11-11 Mechanical Joint Retainer Glands 11/07 16 33-11-11 Mechanical Joint Retainer Glands 03,19/18 33-11-11 Mechanical Joint Retainer Glands 03/19/18 33-11-11 Mechanical Joint Retainer Glands 03/19/18 33-11-11 Mechamcal Joint Retainer Glands Griffin Pipe Products. Co. McWane/I'vler Pipe/ Union Utilities Division Sigma. Co. Accucast Ford Meter Box Co./Uni-Flange Ford Meter Box Co./Uni-Flange One Bolt, Inc. EBAA Iron, Inc. EBAA Iron, Inc. Sigma. Co. Sigma. Co. Sigma. Co. Sigma. Co. S & B Techncial Products SIP Industries(Serampore) Star Pipe Products, Inc. Star Pipe Products, Inc. SIP Industries(Serampore) SIP Industries(Serampore) SIP Industries(Serampore) DR14 DR14 DRI8 DR 14 DR 18 DR 14 DR 18 DR14 Fusible PVC DR18 DR14 DR14 Mechanical Joint Fittings Mechanical Joint Fittin s Mechanical Joint Fittings, SSB bass 350 Mechanical Joint Fittings, SSB Class 351 Class 350 C-153 MJ Fittings Uni-Flange Series 1400 Uni-Flange Series 1500 Circle -Lock One Bolt Restrained Joint Fitting Megalug Series 1100 (for DI Pipe) Megalug Series 2000 (for PVC Pipe) Sigma One-Lok SLC4 - SLC10 Sigma One-Lok SLCS4 - SLCS12 Sigma One-Lok SLCE Sigma One-Lok SLDE Bulldog System ( Diamond Lok 21 & JM Mechanical Joint Fittings PVC Stargrip Series 4000 DIP Stargrip Series 3000 EZ Grip Joint Restraint (EZD) Black For DIP EZ Grip Joint Restraint (EZD) Red for C900 DR14 PVC Pipe EZ Grip Joint Restraint (EZD) Red for C900 DR1 8 PVC Pipe AWWA C900, AWWA C605, ASTM D1784 AWWA C900 AWWA C900 AWWA C900 AWWA C900 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 AWWA C900-16 UL 1285 ANSI/NSF 61 FM 1612 AWWA C900 AWWA C900 AWWA C900 AWWA C900 AWWA C153 & C110 AWWA C 110 AWWAC 153,C I10,C 111 AWWAC 153,C I10,C 112 AWWA C153 AWWA C111/C153 AWWA C111/C153 AWWA Cli I/C116/C153 AWWA Cli I/C116/C153 AWWA Cli I/C116/C153 AWWA C111/C153 AWWA C111/C153 AWWA C111/C153 AWWA C153 ASTM F-1624 AWWA C153 ASTM A536 AWWA C111 ASTM A536 AWWA C111 ASTM A536 AWWA C111 ASTM A536 AWWA CI11 ASTM A536 AWWA CI11 4"-12" 4"-12" 16'-24" 4"-12" 16'-24" 16"-24" 4" - 8" 16" - 24" 4"- 12" 4" to 36" 4" to 24" 4" to 12" 4" to 42" 4" to 24" 4" to 10" 4" to 12" 12" to 24" 4" to 12" 4" to 24" 4"-12" 16"-24" * From Original Standard Products List 4 FORT WORTH. CITY OF FORT WORTH WATER DEPARTMENT STANDARD PRODUCT LIST Updated: 03/29/2022 Note: All water or sewer eaq 1 er than 15 inch diameter shall be a roved for use b the Water De artment on a ro'ect s ecific basis. S ecial bedding ma be re uired for some .i. es. National Spec .t. Approval Spec No. Classsification Manufacturer Water - Pines/Vaives & Fittings/Resilient Seated Gate Valve* 33-12-20 (05/13/1 Resilient Wedged Gate Valve w/no G Model No. Size American Flow Control Series 2500 Drawing # 94-20247 16" American Flow Control Serves 2530 and Series 2536 AWWA C515 30" and 36" 12/13/02 08/31/99 05/18/99 Resilient Wedge Gate Valve 10/24/00 E1-26 Resilient Wedge Gate Valve 08/05/04 Resilient Wedge Gate Valve 05/23/91 E1-26 Resilient Wedge Gate Valve 01/24/02 E1-26 Resilient Wedge Gate Valve * EI-26 Resilient Seated Gate Valve * E1-26 Resilient Seated Gate Valve * E1-26 Resilient Seated Gate Valve 11/08/99 Resilient Wedge Gate Valve 01/23/03 Resilient Wedge Gate Valve 05/13/05 Resilient Wedge Gate Valve 01/31/06 Resilient Wedge Gate Valve 01/28/88 E1-26 Resilient Wedge Gate Valve 10/04/94 Resilient Wedge Gate Valve 11/08/99 E1-26 Resilient Wedge Gate Valve 11/29/04 Resilient Wedge Gate Valve 11/30/12 Resilient Wake Gate Valve 05/08/91 E1-26 Resilient Seated Gate Valve Resilient Wedge Gate Valve Resilient Wedge Gate Valve * E1-26 Resilient Seated Gate Valve U.S. Pipe and Foundry Co. 10/26/16 33-12-20 Resilient Seated Gate Valve EJ (East Jordan Iron Works) 08/24/18 Mateo Gate Valve Matco-Norca Amencan Flow Control Amencan Flow Control Amencan Flow Control Amencan Flow Control Series 2520 & 2524 (SD 94-20255) AWWA C515 20" and 24" Serves 2516 (SD 94-20247) AWWA C515 16" Series 2500 (Ductile Iron) AWWA C515 4" to 12" 42" and 48" AFC 2500 AWWA C515 42" and 48" American AVK Company American AVK Resilient Seeded GV AWWA C509 4" to 12" American AVK Company 20" and smaller Kennedy 4" - 12" M&H 4" - 12" Mueller Co. 4" - 12" Mueller Co. Series A2361 (SD 6647) AWWA C515 16" Mueller Co. Serves A2360 for 18"-24" (SD 6709) AWWA C515 24" and smaller Mueller Co. Mueller 30" & 36", C-515 AWWA C515 30" and 36" Mueller Co. Mueller 42" & 48", C-515 AWWA C515 42" and 48" Clow Valve Co. AWWA C509 4" - 12" Clow Valve Co. 16" RS GV (SD D-20995) AWWA C515 16" Clow Valve Co. Clow RW Valve (SD D-21652) AWWA C515 24" and smaller Clow Valve Co. Clow 30" & 36" C-515 AWWA C515 30" and 36" Mote 3) Clow Valve Co. Clow Valve Model 2638 AWWA C515 24" to 48" (Note 3) Stockham Valves & Fittings AWWA C 509, ANSI 420 - stem, 4" - 12" ASTM A 276 Type 304 - Bolts & n ra Metroseal 250. requirements SPL #74 3" to 16" FJ FlowMaster Gate Valve & Boxes 225MR AWWA/ANSI CI15/An21.15 4"to 16" Water - Pines/Vaives & Fittinus/Rubber Seated Butterfly Vald115-12-21 (07/10/14) EI-30 Rubber Seated Butterfly Valve Henry Pratt Co. * EI-30 Rubber Seated Butterfly Valve Mueller Co. 1/11/99 E1-30 Rubber Seated Butterfly Valve Dezunk Valves Co. 06/12/03 E1-30 Valmatic American Butterfly Valve Valmatic Valve and Manufacturing Corp. Valmatic American Butterfly Valve 04/06/07 E1-30 Rubber Seated Butterfly Valve M&H Valve M&H Style 4500 & 1450 03/19/18 33 12 21 Rubber Seated Butterfly Valve G A Industries (Golden Anderson) AWWA C504 Butterfly Valve AWWA C-504 24" AWWA C-504 24"and smaller AWWA C-504 24" and larger AWWA C-504 Up to 84" diameter AWWA C-504 24" to 48" AWWA C-504 30"-54" Water - Polyethylene Encasement 33-11-10 (01/08/M 05/12/05 05/12/05 05/12/05 09/06/19 EI-13 E1-13 E1-13 33-11-11 Polyethylene Encasment Polyethylene Encasment Polyethylene Encasment Polyethylene Encasment Water - SamnFne Station , 3/12/96 I Water Sampling Station Flexsol Packaging Mountain States Plastics (MSP) and AEP Ind. AEP Industries Northtown Products Inc. Fulton Enterprises Standard Hardware Bullstrong by Cowtown Bolt & Gasket PE Encasement for DIP Water Plus 1 B20 Water Sampling Station AWWA C105 8miI LLD AWWA C105 8 mil LLD AWWA C105 8 mil LLD AWWA C105 8mil LLD Water - Automatic Flusher 10/21/20 04/09/21 04/09/21 Automated Flushing System Automated Flushing System Automated Flushing System Mueller Hvdroguard Kupferle Foundry Company Kupf le Foundry Company HG6-A-IN-2-BRN-LPRR(Portable) HG2-A-IN--2-PVC-018-LPLG(Permanent) Eclipse #9800wc Eclipse #9700 (Portable) * From Original Standard Products List 5